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Will defense bill bar chaplains from marrying gay couples?

House, Senate legislation have provisions related to Pentagon guidance

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House and Senate lawmakers are set to hammer out a final version of major annual defense policy legislation to send to President Obama — and the ability of military chaplains to officiate over same-sex weddings will be part of the discussion.

Late Thursday, the Senate approved by a 93-7 vote its version of the fiscal year 2012 defense authorization bill, which authorizes $662 billion in spending for military programs and troop compensation. The House passed its version of the bill in May, which authorizes $690 billion in defense funds.

The bills diverge in numerous ways and the conference committee will have to resolve the differences. But one issue in particular that is stirring up social conservatives and LGBT advocates is the involvement of military chaplains and facilities in same-sex weddings.

On Wednesday, the Senate approved by voice vote as part of its version of the bill an amendment by Sen. Roger Wicker (R-Miss.) allowing military chaplains to opt out of performing same-sex marriage ceremonies.

“A military chaplain, who, as a matter of conscience or moral principle, does not wish to perform a marriage may not be required to do so,” the amendment states.

The amendment is apparently in response to guidance the Pentagon issued on Sept. 30 permitting chaplains to officiate over same-sex weddings if they so choose. On the same day, the Defense Department issued guidance saying military bases could be used for same-sex weddings, although the Wicker amendment makes no mention of the use of military facilities.

Wicker’s measure is likely an attempt to appease social conservatives, who have been riled up over the guidance since it was made public. Just Wednesday, the Republican-controlled House Armed Services Personnel Subcommittee held a closed briefing with Pentagon general counsel Jeh Johnson and Navy counsel Paul Oostburg Sanz on the legal rationale that led to the Pentagon guidance.

But the Wicker amendment won’t produce any change because it reiterates the administration’s policy of giving chaplains the option of whether or not to take part in same-sex weddings.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the passage of the amendment into law wouldn’t change anything.

“This amendment does nothing new as it relates to the rights of chaplains,” Sarvis said. “Indeed, the new Senate language is a restatement of the protections and guarantees that have always been there.”

In a statement, Wicker said the amendment would be a way to “protect” chaplains from being involved in same-sex weddings.

“This amendment will allow the chaplains of our armed forces to maintain the freedom of conscience necessary to serve both their nation and their religion without conflict,” Wicker said.  “Protections for military chaplains should be guaranteed in any policy changes being implemented.”

But the amendment stands in contrast to a measure in the bill passed by the House, which would have an impact on a chaplain’s ability to conduct weddings.

Language that was inserted by House Armed Services Committee Chair W. Todd Akin (R-Mo.) during committee markup outright prohibits military chaplains or civilian Pentagon employees from assisting with or officiating at a marriage ceremony.  The same provision also prohibits the use of military bases for these purposes.

Conferees will have to decide whether to address the issue by agreeing on either the House or Senate language, or by including no language at all related to military chaplains and facilities in the final bill.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said his organization wants conferees to omit any language related to military chaplains.

“We want to see the [defense authorization bill] signed into law without any language that would harm LGBT service members or restrict the religious liberties of chaplains,” Cole-Schwartz said. “We’ll be working with our allies on the conference committee toward that outcome.”

But social conservatives seem bent on pushing for the more restrictive provision in the House version of the legislation.

Steve Taylor, an Akin spokesperson, said his boss will push for his language in the report that will be produced by conferees.

“The two amendments are similar but not equivalent so it is fair to say the congressman still wants to see his amendment prevail,” Akin said.

House Armed Services Committee Chair Buck McKeon (R-Calif.) has previously said he’d rather see no defense authorization bill pass than one that didn’t include language prohibiting military chaplains from participating in same-sex weddings.

Asked whether the Senate language would be sufficient, McKeon spokesperson Claude Chafin said he’s “bound by a policy not to discuss conference items ahead of the conference.”

The timing isn’t yet known for when the conferees will complete their work on the defense authorization bill, but the issue related to same-sex weddings is just one issue among others that conferees will have to resolve. And it’s possible Congress could send a defense authorization bill to the president that he’ll ultimately veto.

The White House issued a veto threat over the Senate version of the bill over the inclusion of an amendment that would require military custody of terrorist suspects and allow indefinite detention of some without trial.

In the House bill, the Obama administration objects to provisions that would require military trials for suspected terrorists, limit the president’s authority to transfer terrorist suspects from the naval facility at Guantanamo Bay, Cuba, to U.S. installations, and make it difficult for the administration to move detainees to foreign countries.

And military chaplains conducting same-sex weddings isn’t the only LGBT-related issue. The Senate bill contains language that would repeal Article 125 of the Uniform Code of Military Justice, the long-standing military law classifying consensual sodomy for both gay and straight service members as a crime.

The Pentagon called for repeal of the sodomy ban in the report issued last year on “Don’t Ask, Don’t Tell.” The Senate bill has the repeal language, but it’s not found in the House legislation, so conferees will have to hammer out the difference.

The House bill also contains language reaffirming that the Defense Department abides by DOMA in regulations and policies. However, the provision, inserted by Rep. Vicky Hartzler (R-Mo.), wouldn’t affect anything because the Pentagon as an arm of the federal government already has to comply with DOMA.

Additionally, the House bill has language that would expand the requirement for “Don’t Ask, Don’t Tell” repeal certification beyond the president, the defense secretary and the chair of the Joint Chiefs of Staff to include input from the four military service chiefs. But the issue is moot because “Don’t Ask, Don’t Tell” repeal certification has already happened and the military’s gay ban was lifted on Sept. 20.

 

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The White House

EXCLUSIVE: Democracy Forward files FOIA lawsuit after HHS deadnames Rachel Levine

Trans former assistant health secretary’s name changed on official portrait

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Adm. Rachel Levine (Washington Blade photo by Michael Key)

Democracy Forward, a national legal organization that works to advance democracy and social progress through litigation, policy and public education, and regulatory engagement, filed a lawsuit Friday in federal court seeking to compel the U.S. Department of Health and Human Services to release information related to the alteration of former Assistant Secretary for Health Adm. Rachel Levine’s official portrait caption.

The lawsuit comes in response to the slow pace of HHS’s handling of multiple Freedom of Information Act requests — requests that federal law requires agencies to respond to within 20 working days. While responses can take longer due to backlogs, high request volumes, or the need for extensive searches or consultations, Democracy Forward says HHS has failed to provide any substantive response.

Democracy Forward’s four unanswered FOIA requests, and the subsequent lawsuit against HHS, come days after someone in the Trump-Vance administration changed Levine’s official portrait in the Hubert H. Humphrey Building to display her deadname — the name she used before transitioning and has not used since 2011.

According to Democracy Forward, HHS “refused to release any records related to its morally wrong and offensive effort to alter former Assistant Secretary for Health Admiral Rachel Levine’s official portrait caption.” Levine was the highest-ranking openly transgender government official in U.S. history and served as assistant secretary for health and as an admiral in the U.S. Public Health Service Commissioned Corps from 2021 to 2025.

Democracy Forward President Skye Perryman spoke about the need to hold the Trump-Vance administration accountable for every official action, especially those that harm some of the most targeted Americans, including trans people.

“The question every American should be asking remains: what is the Trump-Vance administration hiding? For an administration that touts its anti-transgender animus and behavior so publicly, its stonewalling and silence when it comes to the people’s right to see public records about who was behind this decision is deafening,” Perryman said.

“The government’s obligation of transparency doesn’t disappear because the information sought relates to a trailblazing former federal official who is transgender. It’s not complicated — the public is entitled to know who is making decisions — especially decisions that seek to alter facts and reality, erase the identity of a person, and affect the nation’s commitment to civil rights and human dignity.”

“HHS’s refusal to respond to these lawful requests raises more serious concerns about transparency and accountability,” Perryman added. “The public has every right to demand answers — to know who is behind this hateful act — and we are going to court to get them.”

The lawsuit also raises questions about whether the alteration violated federal accuracy and privacy requirements governing Levine’s name, and whether the agency improperly classified the change as an “excepted activity” during a lapse in appropriations. By failing to make any determination or produce any records, Democracy Forward argues, HHS has violated its obligations under federal law.

The case, Democracy Forward Foundation v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for the District of Columbia. The legal team includes Anisha Hindocha, Daniel McGrath, and Robin Thurston.

The Washington Blade reached out to HHS, but has not received any comment.

The lawsuit and four FOIA requests are below:

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The White House

Empty seats, canceled shows plague Kennedy Center ahead of Trump renaming

It would take an act of Congress to officially rename the historic music venue, despite the Trump-appointed board’s decision.

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Protesters march in defiance of the changes to the Kennedy Center following Trump's takeover in March. (Washington Blade Photo by Michael Key)

The board of the Kennedy Center in Washington, D.C., voted to rename it the Trump-Kennedy Center, according to the White House Press Office.

White House Press Secretary Karoline Leavitt announced the decision in a post on X Thursday, thanking the president for his work on the cultural center “not only from the standpoint of its reconstruction, but also financially, and its reputation.”

Speaking to reporters later that day at the White House, Trump said he was “surprised” and “honored” by the board’s vote.

“This was brought up by one of the very distinguished board members, and they voted on it, and there’s a lot of board members, and they voted unanimously. So I was very honored,” he said.

Earlier this year, GOP Rep. Mike Simpson of Idaho introduced an amendment that would have renamed the building after first lady Melania Trump, later saying she had not been aware of his efforts prior to the amendment’s public introduction.

Despite the board’s vote (made up of Trump-appointed loyalists), the original laws guiding the creation of the Kennedy Center during the Eisenhower, Kennedy, and Johnson administrations explicitly prohibit renaming the building. Any change to its name would require an act of Congress.

Trump has exerted increasing control over the center in recent months. In February, he abruptly fired members of the Kennedy Center’s board and installed himself as chair, writing in a Truth Social post at the time, “At my direction, we are going to make the Kennedy Center in Washington D.C., GREAT AGAIN.”

In that post, Trump specifically cited his disapproval of the center’s decision to host drag shows.

He later secured more than $250 million from the Republican-controlled Congress for renovations to the building.

Since Trump’s takeover, sales of subscription packages are said to have declined, and several touring productions — including “Hamilton” — have canceled planned runs at the venue. Rows of empty seats have also been visible in the Concert Hall during performances by the National Symphony Orchestra.

“The Kennedy Center Board has no authority to actually rename the Kennedy Center in the absence of legislative action,” House Minority Leader Hakeem Jeffries told reporters.

For decades, the Kennedy Center has hosted performances by LGBTQ artists and companies, including openly queer musicians, choreographers, and playwrights whose work helped push LGBTQ stories into the cultural mainstream. Those artists include the Gay Men’s Chorus of Washington, Harvey Fierstein, and Tennessee Williams.

In more recent years, the center has increasingly served as a space for LGBTQ visibility and acceptance, particularly through Pride-adjacent programming and partnerships.

That legacy was on display at this year’s opening production of Les Misérables, when four drag performers — Tara Hoot, Vagenesis, Mari Con Carne, and King Ricky Rosé — attended in representation of Qommittee, a volunteer network uniting drag artists to support and defend one another amid growing conservative attacks.

“We walked in together so we would have an opportunity to get a response,” said Tara Hoot, who has performed at the Kennedy Center in full drag before. “It was all applause, cheers, and whistles, and remarkably it was half empty. I think that was season ticket holders kind of making their message in a different way.”

The creation of the Kennedy Center is outlined in U.S. Code, which formally designates the institution as the John F. Kennedy Center for the Performing Arts.

As a result, it appears unlikely that Congress will come together to pass legislation allowing the historic venue to be renamed.

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HHS to restrict gender-affirming care for minors

Directive stems from President Donald Trump’s Jan. 28 executive order

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A protester stands outside Children's National Hospital in Northwest D.C. on Feb. 2, 2025. (Washington Blade photo by Linus Berggren)

The U.S. Department of Health and Human Services announced Thursday that it will pursue regulatory changes that would make gender-affirming healthcare for transgender children more difficult, if not impossible, to access.

The shift in federal healthcare policy stems directly from President Donald Trump’s Jan. 28 executive order, Protecting Children From Chemical and Surgical Mutilation, which formally establishes U.S. opposition to gender-affirming care and pledges to end federal funding for such treatments.

The executive order outlines a broader effort to align HHS with the Trump–Vance administration’s policy goals and executive actions. Those actions include defunding medical institutions that provide gender-affirming care to minors by restricting federal research and education grants, withdrawing the 2022 HHS guidance supporting gender-affirming care, requiring TRICARE and federal employee health plans to exclude coverage for gender-affirming treatments for minors, and directing the Justice Department to prioritize investigations and enforcement related to such care.

HHS has claimed that gender-affirming care can “expose them [children] to irreversible damage, including infertility, impaired sexual function, diminished bone density, altered brain development, and other irreversible physiological effects.” The nation’s health organization published a report in November, saying that evidence on pediatric gender-affirming care is “very uncertain.”

The Centers for Medicare and Medicaid Services is now in the process of proposing new rules that would bar hospitals from performing what the administration describes as sex-rejecting procedures on children under age 18 as a condition of participation in Medicare and Medicaid programs. Nearly all U.S. hospitals participate in Medicare and Medicaid. HHS said that “this action is designed to ensure that the U.S. government will not be in business with organizations that intentionally or unintentionally inflict permanent harm on children.”

Health and Human Services Secretary Robert F. Kennedy Jr. released a statement alongside the announcement.

“Under my leadership, and answering President Trump’s call to action, the federal government will do everything in its power to stop unsafe, irreversible practices that put our children at risk,” Kennedy said. “This administration will protect America’s most vulnerable. Our children deserve better — and we are delivering on that promise.”

Those claims stand in direct opposition to the positions of most major medical and healthcare organizations.

The American Medical Association, the nation’s largest and most influential physician organization, has repeatedly opposed measures that restrict access to trans healthcare.

“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” a statement on the AMA’s website reads. “Improving access to gender-affirming care is an important means of improving health outcomes for the transgender population.”

Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates and Defenders, warned the proposed changes would cause significant harm.

“Parents of transgender children want what all parents want: to see their kids thrive and get the medical care they need. But this administration is putting the government between patients and their doctors. Parents witness every day how their children benefit from this care — care backed by decades of research and endorsed by major medical associations across the country. These proposed rules are not based on medical science. They are based on politics. And if allowed to take effect will serve only to drive up medical costs, harm vulnerable children, and deny families the care their doctors say they need. These rules elevate politics over children — and that is profoundly unAmerican.”

Human Rights Campaign President Kelley Robinson echoed Levi’s sentiments.

“The Trump administration is relentless in denying health care to this country, and especially the transgender community. Families deserve the freedom to go to the doctor and get the care that they need and to have agency over the health and wellbeing of their children,” Robinson said. “But these proposed actions would put Donald Trump and RFK Jr. in those doctor’s offices, ripping health care decisions from the hands of families and putting it in the grips of the anti-LGBTQ+ fringe. Make no mistake: these rules aim to completely cut off medically necessary care from children no matter where in this country they live. It’s the Trump administration dictating who gets their prescription filled and who has their next appointment canceled altogether.

The announcement comes just days after U.S. Rep. Marjorie Taylor Greene (R-Ga.) advanced legislation in Congress that would make it a felony to provide gender-affirming care to a child.

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