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House panel adopts anti-gay amendments in defense bill

Amendments reaffirm DOMA, could disrupt ‘Don’t Ask’ repeal

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Rep. Duncan Hunter introduced an amendment that could disrupt 'Don't Ask' repeal (Blade photo by Michael Key)

A House defense committee approved on Wednesday a series of anti-gay amendments as part of major Pentagon budget legislation aimed at disrupting the process for repealing “Don’t Ask, Don’t Tell” and at demonstrating support for the Defense of Marriage Act.

The most high-profile amendment came from Rep. Duncan Hunter (R-Calif.), who introduced a measure that would expand the certification requirement needed for repeal to include input from the four military service chiefs. The Republican-controlled House Armed Services Committee voted 33-27 in favor of adopting the measure as part of the fiscal year 2012 defense authorization bill.

The vote in favor of the Hunter amendment was mostly along party lines, although Reps. Todd Platts (R-Pa.) and Chris Gibson (R-N.Y.) voted against the measure. Rep. Mike McIntyre (D-N.C.) was the sole Democrat to vote in favor of the measure.

The repeal legislation signed into law in December allows for repeal of “Don’t Ask, Don’t Tell” after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff. Hunter’s amendment would expand the certification requirement to include input from the uniform chiefs of staff for the Army, Navy, Air Force and Marine Corps.

Hunter, a Marine Corps veteran of Iraq and Afghanistan, billed the amendment as a means to ensure the uniform military leaders — which he described “the ones that are actually responsible for the men and women under their care” — are able to express their opinion before moving forward with “Don’t Ask, Don’t Tell” repeal.

“Right now as it stands, the only folks that have to sign on to this are the president, who has never been to war or in ground combat, Adm. [Mike] Mullen, who, with all due respect to him, has never been to ground combat in Iraq or Afghanistan, and Secretary Gates, a political appointee, who is a very fine gentleman, but has never been in ground combat in Iraq or Afghanistan,” Hunter said. “I, and others in this room, have more combat experience than the people who would sign off on the repeal of ‘Don’t Ask, Don’t Tell.'”

Hunter emphasized his amendment would require the service chiefs to issue certification only based on their belief that “Don’t Ask, Don’t Tell” repeal wouldn’t harm morale and unit cohesion for combat arms units under their jurisdiction. According to the Pentagon survey published in November, these units are the most skeptical about whether open service would cause a disruption in the U.S. military.

Involving the military service chiefs in the “Don’t Ask, Don’t Tell” repeal certification process could disrupt or delay open service in the U.S. military because some uniform leaders of the military — notably Marine Corps Commandant Gen. James Amos — expressed opposition to passing repeal legislation last year. Amos has since said the Marine Corps would work to implement open service.

Despite the concerns that were expressed last year, each of the service chiefs testified in April that the process for enacting “Don’t Ask, Don’t Tell” repeal has been proceeding smoothly. Some service chiefs — including Chief of Naval Operations Adm. Gary Roughead — have said they oppose any effort to expand the certification requirement and they believe the defense secretary would adequately represent their views in the certification process.

Many Republican committee members voiced support for the Hunter amendment as they expressed opposition to implementing open service in the U.S. military.

Rep. Doug Lamborn (R-Colo.) said he supported the amendment because the president, the defense secretary and the chairman of the Joint Chiefs of Staff had already backed “Don’t Ask, Don’t Tell” repeal before Congress acted to end the military’s gay ban.

“I always felt the deck was stacked when the three people who were supposed to sign off on it, agreed to and had all been on record ahead of time saying what their preference was,” Lamborn said. “This broadens it, and, I think, adds more objectivity to the whole matter, and I think that that’s really good thing.”

Rep. Steve Palazzo (R-Miss.) said he opposes “Don’t Ask, Don’t Tell” repeal because he hasn’t encountered one American or U.S. service member who wants an end to the anti-gay law. Despite his remarks, polls found that around 80 percent of Americans favored ending the military’s gay ban at the time Congress repealed the statute.

Palazzo added he had a visit earlier today from about 85 veterans of World War II and said he believes they’d be displeased with “Don’t Ask, Don’t Tell” repeal.

“I don’t think that they would look upon this as progress,” Palazzo said. “I don’t think they’d look at this as the sacrifices they made for our families, for our country, for our allies, future generations of Americans — to see their military go down in flames by implementing [an end] to the DADT policy. Our men and women in uniform deserve better.”

Rep. Adam Smith (Blade photo by Michael Key)

But Democrats on the committee defended repeal of the law that Congress passed last year and said the current repeal process is working well.

Rep. Adam Smith (D-Wash.), ranking Democrat on the House Armed Services Committee, said the Hunter amendment troubled him because it suggests the president and the defense officials identified in the repeal law aren’t capable of making critical defense decisions.

“It’s a very, very dangerous thing to say that the president of the United States, the commander in chief; the secretary of defense; and the chairman of the Joint Chiefs of Staff are somehow not quite qualified to make important military decisions,” Smith said. “These are the same people that decide whether or not we go to war. They made a decision on whether or not to kill Osama bin Laden.”

Rep. Chellie Pingree (D-Maine) directly responded to the view expressed by Palazzo that World War II veterans would be unhappy with “Don’t Ask, Don’t Tell” repeal.

“Let’s not fool ourselves,” Pingree said. “Some of those soldiers were gay as well, and many of them took a long time to admit to that, or come out on that, but they’ve all been courageous in doing so and I think that they can’t be characterized as a generation that doesn’t want to see this change in the military.”

Although the committee adopted the amendment as part of defense authorization, passing such a provision into law would be challenging because the Senate would have to agree to it during conference negotiations and Obama would have to sign the measure.

Further, defense officials have testified that certification could happen mid-summer, and the final version of the defense authorization will likely not reach the president’s desk until after that time, rendering Hunter’s provision useless.

Alex Nicholson, executive director of Servicemembers United, expressed skepticism that the adoption of the Hunter amendment would impair the U.S. military’s ability to move toward open service.

“Despite the passage of this amendment within the ever-hostile House Armed Services Committee, it is highly unlikely that such an amendment would ever pass the Senate and be signed by the president,” Nicholson said. “The offering of this amendment was a shameful and embarrassing waste of time. The service chiefs have unequivocally said that they do not want this extra burden forced upon them, so if Congress really values their advice on this issue they should take it and forget this unnecessary and unwanted amendment.”

Hunter’s amendment was one of three anti-gay amendments the House Armed Services Committee approved on Wednesday as part of the defense authorization bill. Other measures affirmed the panel’s commitment to DOMA, which prohibits federal recognition of same-sex marriage.

The DOMA-related amendments were apparently inspired by Navy guidance on same-sex marriage that was made public this week.The guidance, which is dated April 13 and signed by Chief of Navy Chaplains Rear Adm. Mark Tidd, indicated military bases could be used for same-sex marriage ceremonies in states where such unions are legal and that Navy chaplains can officiate same-sex marriage ceremonies if they so choose.

However, following an outcry from conservatives, the Navy rescinded the guidance and said further legal review on the issue was necessary.

Rep. W. Todd Akin (R-Mo.) introduced an amendment mandating that marriage ceremonies on military installations must comply with DOMA and that chaplains can only officiate in their official capacity over such ceremonies if they comply with the anti-gay law.

The committee adopted the amendment as part of the Pentagon budget legislation by a vote of 38-23. Republican members of the panel were unanimous in their support for the measure. Reps. McIntyre, Larry Kissell (D-N.C.) and Mark Critz (D-Pa.) joined with the GOP to vote in favor of the amendment.

Akin said the amendment was necessary because he believes the recent Navy guidance demonstrates that the U.S. military was willing to skirt federal law.

“There is a federal law on the books and the military has decided they’re going to ignore that law,” Akin said. “That’s a very serious question. Does that mean that the law code on our books is an a la carte menu? Does that mean that the military can decide they’re going to change the rules of engagement and how they’re going to interrogate prisoners or [enforce] whatever particular law suits their fancy?”

Rep. Susan Davis (D-Calif.), who opposed the amendment, said the Navy guidance was the result of the Pentagon looking at how the U.S. military would look after “Don’t Ask, Don’t Tell.”

“We asked them to deal with these issues and to speak specifically to them,” Davis said. “So, when a facility is made available to such events, individuals who meet all the requirements for use of those facilities should not be denied access to the facility because of sexual orientation.”

Davis added the amendment restricts the right of chaplains to exercise freely their religious beliefs if they want to officiate at same-sex marriage ceremonies.

“Many chaplains represent faith traditions in which marriages between same-sex couples are celebrated and to prohibit them from doing so — to do that would be an attack on their rights with this amendment,” Davis said.

Although the Navy has said it will revisit the guidance, Davis said she’s confident the service will reach the same conclusion it had come to before.

Rep. Vicky Hartzler introduced an amendment to ensure DOD policies comply with DOMA (Blade photo by Michael Key)

Another amendment came from Rep. Vicky Hartzler (R-Mo.), whose measure restated that the definition of marriage under DOMA as a union between one man and one woman applies to Defense Department regulations and policies.

The panel adopted the measure as part of the defense authorization bill by a vote of 39-28. The Republican members of the panel were unanimous in their support. Reps. McIntyre, Kissell and Silvestre Reyes (D-Texas) as well as Del. Madeleine Bordallo (D-Guam) joined the GOP to vote in favor of the measure.

Hartzler said the intention of the amendment was to reaffirm congressional support for DOMA and opposition to same-sex marriage.

“I think that this is a time for us in this Congress, the 112th Congress, to give our stance that we believe this is a wise policy and that marriage should be between a man and a woman,” she said.

But Smith, who opposed the measure, disputed the idea that the federal government should be involved in state regulation of marriage and questioned why the committee was taking up the issue when the panel’s area of jurisdiction is the U.S. military.

“I don’t think we need to be inserting into the Defense Authorization Act a Congress-wide view on how marriage should be defined, however we may feel,” Smith said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, was particularly critical of what he said was invoking the more controversial debate over marriage in an attempt to derail “Don’t Ask, Don’t Tell” repeal.

“These adopted amendments to delay and derail repeal are a partisan political attempt to interject the same-sex marriage debate and other unrelated social issues into the NDAA where they have no place,” Sarvis said. “Make no mistake — these votes should be a wake-up call to supporters of open service that our work is not done. Our commitment to timely certification and repeal must be redoubled as we move to the House floor to defend the progress we have made to ensure that LGB patriots can defend and serve the country they love with honesty and integrity.”

Another anticipated anti-gay amendment didn’t see introduction before the committee on Wednesday. Palazzo was expected to introduce an amendment that would require conscience regulations for service members who have religious or moral objections to open service. His office didn’t immediately respond to the Washington Blade’s request for comment on why the measure wasn’t introduced.

After adopting the anti-gay amendments, the committee voted to report out the defense authorization bill to the floor by a vote of 60-1. Rep. John Garamendi (D-Calif.) was the sole panel member to vote against the legislation.

The Republican-controlled House will likely pass the defense authorization bill as a whole when the measure reaches the floor. A vote on the legislation could happen as soon as the week of May 23.

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Michigan

Mich. Democrats spar over LGBTQ-inclusive hate crimes law

Lawmakers disagree on just what kind of statute to pass

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Members of the Michigan House Democrats gather to celebrate Pride month in 2023 in the Capitol building. (Photo courtesy of Michigan House Democrats)

Michigan could soon become the latest state to pass an LGBTQ-inclusive hate crime law, but the state’s Democratic lawmakers disagree on just what kind of law they should pass.

Currently, Michigan’s Ethnic Intimidation Act only offers limited protections to victims of crime motivated by their “race, color, religion, gender, or national origin.” Bills proposed by Democratic lawmakers expand the list to include “actual or perceived race, color, religion, gender, sexual orientation, gender identity or expression, ethnicity, physical or mental disability, age, national origin, or association or affiliation with any such individuals.” 

Democratic Gov. Gretchen Whitmer and Attorney General Dana Nessel have both advocated for a hate crime law, but house and senate Democrats have each passed different hate crimes packages, and Nessel has blasted both as being too weak.

Under the house proposal that passed last year (House Bill 4474), a first offense would be punishable with a $2,000 fine, up to two years in prison, or both. Penalties double for a second offense, and if a gun or other dangerous weapons is involved, the maximum penalty is six years in prison and a fine of $7,500. 

But that proposal stalled when it reached the senate, after far-right news outlets and Fox News reported misinformation that the bill only protected LGBTQ people and would make misgendering a trans person a crime. State Rep. Noah Arbit, the bill’s sponsor, was also made the subject of a recall effort, which ultimately failed.

Arbit submitted a new version of the bill (House Bill 5288) that added sections clarifying that misgendering a person, “intentionally or unintentionally” is not a hate crime, although the latest version (House Bill 5400) of the bill omits this language.

That bill has since stalled in a house committee, in part because the Democrats lost their house majority last November, when two Democratic representatives resigned after being elected mayors. The Democrats regained their house majority last night by winning two special elections.

Meanwhile, the senate passed a different package of hate crime bills sponsored by state Sen. Sylvia Santana (Senate Bill 600) in March that includes much lighter sentences, as well as a clause ensuring that misgendering a person is not a hate crime. 

Under the senate bill, if the first offense is only a threat, it would be a misdemeanor punishable by one year in prison and up to $1,000 fine. A subsequent offense or first violent hate crime, including stalking, would be a felony that attracts double the punishment.

Multiple calls and emails from the Washington Blade to both Arbit and Santana requesting comment on the bills for this story went unanswered.

The attorney general’s office sent a statement to the Blade supporting stronger hate crime legislation.

“As a career prosecutor, [Nessel] has seen firsthand how the state’s weak Ethnic Intimidation Act (not updated since the late 1980’s) does not allow for meaningful law enforcement and court intervention before threats become violent and deadly, nor does it consider significant bases for bias.  It is our hope that the legislature will pass robust, much-needed updates to this statute,” the statement says.

But Nessel, who has herself been the victim of racially motivated threats, has also blasted all of the bills presented by Democrats as not going far enough.

“Two years is nothing … Why not just give them a parking ticket?” Nessel told Bridge Michigan.

Nessel blames a bizarre alliance far-right and far-left forces that have doomed tougher laws.

“You have this confluence of forces on the far right … this insistence that the First Amendment protects this language, or that the Second Amendment protects the ability to possess firearms under almost any and all circumstances,” Nessel said. “But then you also have the far left that argues basically no one should go to jail or prison for any offense ever.”

The legislature did manage to pass an “institutional desecration” law last year that penalizes hate-motivated vandalism to churches, schools, museums, and community centers, and is LGBTQ-inclusive.

According to data from the U.S. Department of Justice, reported hate crime incidents have been skyrocketing, with attacks motivated by sexual orientation surging by 70 percent from 2020 to 2022, the last year for which data is available. 

Twenty-two states, D.C., Puerto Rico, and the U.S. Virgin Islands have passed LGBTQ-inclusive hate crime laws. Another 11 states have hate crime laws that include protections for “sexual orientation” but not “gender identity.”

Michigan Democrats have advanced several key LGBTQ rights priorities since they took unified control of the legislature in 2023. A long-stalled comprehensive anti-discrimination law was passed last year, as did a conversion therapy ban. Last month the legislature updated family law to make surrogacy easier for all couples, including same-sex couples. 

A bill to ban the “gay panic” defense has passed the state house and was due for a Senate committee hearing on Wednesday.

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Indiana

Drag queen announces run for mayor of Ind. city

Branden Blaettne seeking Fort Wayne’s top office

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Branden Blaettner being interviewed by a local television station during last year’s Pride month. (WANE screenshot)

In a Facebook post Tuesday, a local drag personality announced he was running for the office of mayor once held by the late Fort Wayne Mayor Tom Henry, who died last month just a few months into his fifth term.

Henry was recently diagnosed with late-stage stomach cancer and experienced an emergency that landed him in hospice care. He died shortly after.

WPTA, a local television station, reported that Fort Wayne resident Branden Blaettne, whose drag name is Della Licious, confirmed he filed paperwork to be one of the candidates seeking to finish out the fifth term of the late mayor.

Blaettner, who is a community organizer, told WPTA he doesn’t want to “get Fort Wayne back on track,” but rather keep the momentum started by Henry going while giving a platform to the disenfranchised groups in the community. Blaettner said he doesn’t think his local fame as a drag queen will hold him back.

“It’s easy to have a platform when you wear platform heels,” Blaettner told WPTA. “The status quo has left a lot of people out in the cold — both figuratively and literally,” Blaettner added.

The Indiana Capital Chronicle reported that state Rep. Phil GiaQuinta, who has led the Indiana House Democratic caucus since 2018, has added his name to a growing list of Fort Wayne politicos who want to be the city’s next mayor. A caucus of precinct committee persons will choose the new mayor.

According to the Fort Wayne Journal Gazette, the deadline for residents to file candidacy was 10:30 a.m. on Wednesday. A town hall with the candidates is scheduled for 6 p.m. on Thursday at Franklin School Park. The caucus is set for 10:30 a.m. on April 20 at the Lincoln Financial Event Center at Parkview Field.

At least six candidates so far have announced they will run in the caucus. They include Branden Blaettne, GiaQuinta, City Councilwoman Michelle Chambers, City Councilwoman Sharon Tucker, former city- and county-council candidate Palermo Galindo, and 2023 Democratic primary mayoral candidate Jorge Fernandez.

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Arizona

Ariz. governor vetoes anti-transgender, Ten Commandments bill

Katie Hobbs has pledged to reject anti-LGBTQ bills that reach her desk

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Arizona Gov. Katie Hobbs speaks with reporters at an April 8, 2024 press conference. (Photo courtesy of Hobbs’s Facebook page)

BY CAITLIN SIEVERS | A slew of Republican bills, including those that would have allowed discrimination against transgender people and would have given public school teachers a green light to post the Ten Commandments in their classrooms, were vetoed by Gov. Katie Hobbs on Tuesday. 

Hobbs, who has made it clear that she’ll use her veto power on any bills that don’t have bipartisan support — and especially ones that discriminate against the LGBTQ community — vetoed 13 bills, bringing her count for this year to 42.

Republicans responded with obvious outrage to Hobbs’s veto of their “Arizona Women’s Bill of Rights,” which would have eliminated any mention of gender in state law, replacing it with a strict and inflexible definition of biological sex. The bill would have called for the separation of sports teams, locker rooms, bathrooms, and even domestic violence shelters and sexual assault crisis centers by biological sex, not gender identity, green-lighting discrimination against trans Arizonans.

“As I have said time and again, I will not sign legislation that attacks Arizonans,” Hobbs wrote in a brief letter explaining why she vetoed Senate Bill 1628

The Arizona Senate Republicans’ response to the veto was filled with discriminatory language about trans people and accused them of merely pretending to be a gender different than they were assigned at birth. 

“With the radical Left attempting to force upon society the notion that science doesn’t matter, and biological males can be considered females if they ‘feel’ like they are, Katie Hobbs and Democrats at the Arizona State Legislature are showing their irresponsible disregard for the safety and well-being of women and girls in our state by killing the Arizona Women’s Bill of Rights,” Senate Republicans wrote in a statement. 

The Senate Republicans went on to accuse the Democrats who voted against the bill of endangering women. 

“Instead of helping these confused boys and men, Democrats are only fueling the dysfunction by pretending biological sex doesn’t matter,” Senate President Warren Petersen said in the statement. “Our daughters, granddaughters, nieces, and neighbors are growing up in a dangerous time where they are living with an increased risk of being victimized in public bathrooms, showers, and locker rooms because Democrats are now welcoming biological males into what used to be traditionally safe, single-sex spaces.”

But trans advocates say, and at least one study has found, that there’s no evidence allowing trans people to use the bathroom that aligns with their identity makes those spaces less safe for everyone else who uses them. 

In the statement, the bill’s sponsor, Sen. Sine Kerr (R-Buckeye), claimed that the bill would have stopped trans girls from competing in girls sports, something she said gives them an unfair advantage. But Republicans already passed a law to do just that in 2022, when Republican Gov. Doug Ducey was still in office, though that law is not currently being enforced amidst a court challenge filed by two trans athletes. 

Republicans also clapped back at Hobbs’ veto of Senate Bill 1151, which would have allowed teachers or administrators to teach or post the Ten Commandments in public school classrooms, a measure that some Republicans even questioned as possibly unconstitutional. 

In a statement, the bill’s sponsor, Sen. Anthony Kern (R-Glendale), accused Hobbs of “abandoning God” with her veto. 

“As society increasingly strays away from God and the moral principles our nation was founded upon, Katie Hobbs is contributing to the cultural degradation within Arizona by vetoing legislation today that would have allowed public schools to include the Ten Commandments in classrooms,” Kern said in the statement. 

In her veto letter, Hobbs said she questioned the constitutionality of the bill, and also called it unnecessary. During discussion of the bill in March, several critics pointed out that posting the Ten Commandments in public school classrooms, tenets of Judeo-Christian religions, might make children whose families practice other religions feel uncomfortable. 

“Sadly, Katie Hobbs’ veto is a prime example of Democrats’ efforts to push state-sponsored atheism while robbing Arizona’s children of the opportunity to flourish with a healthy moral compass,” Kern said. 

Another Republican proposal on Hobbs’s veto list was Senate Bill 1097, which would have made school board candidates declare a party affiliation. School board races in Arizona are currently nonpartisan. 

“This bill will further the politicization and polarization of Arizona’s school district governing boards whose focus should remain on making the best decisions for students,” Hobbs wrote in her veto letter. “Partisan politics do not belong in Arizona’s schools.”

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Caitlin Sievers

Caitlin joined the Arizona Mirror in 2022 with almost 10 years of experience as a reporter and editor, holding local government leaders accountable from newsrooms across the West and Midwest. She’s won statewide awards in Nebraska, Indiana and Wisconsin for reporting, photography and commentary.

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The preceding piece was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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