The Democrat poised to become chairman of the House Armed Services Committee in the next Congress said Wednesday that President Trump Donald John TrumpBiden on Trump's refusal to commit to peaceful transfer of power: 'What country are we in?' Romney: 'Unthinkable and unacceptable' to not commit to peaceful transition of power Two Louisville police officers shot amid Breonna Taylor grand jury protests MORE’s ban on transgender troops will likely have to be dealt with in the courts.

Rep. Adam Smith David (Adam) Adam SmithWhen 'Buy American' and common sense collide Overnight Defense: Marine Corps brushes off criticism of Marines' appearance in GOP convention video | US troops injured in collision with Russian vehicle in Syria | Dems ask for probe of Vindman retaliation allegations Democrats press Pentagon watchdog to probe allegations of retaliation against Vindman brothers MORE (D-Wash.), the committee’s current ranking member, told the Defense Writers Group that he wants to make equality in the military one of his top priorities.

Ideally, Smith said he'd like to pass legislation in the vein of the 2010 repeal of “Don’t Ask, Don’t Tell” that allowed gay, lesbian and bisexual troops to serve openly. But he said such legislation would likely stall in the Republican-controlled Senate.

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“It’s primarily an issue for the courts,” said Smith, who is expected to wield the gavel when Democrats control the House in January. “The legislative remedy would be clear, except this is an area where the Senate, I think, there’s no way they would agree with us… I am realistic about our ability to do that, so I think it does play out in the courts at this point.”

Trump announced over Twitter in July 2017 that he intended to ban all transgender people from serving in the military.

Four lawsuits have been filed against the ban, and courts in all four cases have blocked the policy from taking effect as the suits work their way through the legal system.

The Trump administration has appealed, arguing a March 2018 implementation plan from Defense Secretary James Mattis James Norman MattisBiden courts veterans amid fallout from Trump military controversies Trump says he wanted to take out Syria's Assad but Mattis opposed it Gary Cohn: 'I haven't made up my mind' on vote for president in November MORE does not categorically ban all transgender people since it would allow them to serve if they do so in their biological sex.

The administration has also asked the Supreme Court to immediately intervene before lower courts rule on the ban.

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While legislation to kill the ban is unlikely, Smith said equality in the military will be one of his focuses as chairman.

“One of my priorities is going to be equality in the military, that we do not discriminate against people based on sexual preference, race, gender, religion,” Smith said. “We do discriminate on people based on capability. You have to be able to meet the standards that are necessary to do the job you’re being asked to do. But we’re not going to say, ‘No gay people, no transgender people, no Muslims.’ So I’m going to try to combat discrimination within the military.”

Smith framed the issue as a matter of capabilities, arguing not allowing transgender people to serve limits the available pool of recruits.

“There are a ton of jobs in the military that are crucially important, that don’t have anything to do with physical fitness for that matter past a certain point,” he said. “So I’m trying to make sure that everyone who’s qualified has an opportunity to serve where there’s no discrimination.”