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Republican’s proposal would make it easier to harass gay service members

Measure would put burden of proof on commanders to show ‘actual harm’

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John Fleming, United States House of Representatives, Louisiana, Republicans, Gay News, Washington Blade
John Fleming, Louisiana, Republican Party, United States House of Representatives, gay news, Washington Blade

Rep. John Fleming (R-La.) is introducing an amendment to expand the “conscience” provision in defense law. (Photo public domain)

A House Republican from Louisiana is proposing a measure to expand the “conscience provision” in defense law in a way that would make it easier for service members to harass their gay comrades, according to a copy of his amendment provided by the American Civil Liberties Union.

The amendment, proposed by Rep. John Fleming (R-La.), puts the burden on the Pentagon to prove that the expression of religious beliefs would be an “actual harm” to good order and discipline in refusing to make an accommodation.

Further, the measure requires the Pentagon to implement regulations within 120 days after the defense secretary consults with “official military  faith-group representatives who endorse military chaplains.”

Fleming introduced the amendment before the House Armed Services Committee as a proposed change to the fiscal year 2014 defense authorization bill. The markup of that bill started at 10 a.m. on Wednesday and is expected to conclude late in the evening.

Ian Thompson, legislative representative of the ACLU, said the language proposed by the three-term House Republican would have a detrimental impact on a commanding officer’s ability to protect gay service members from harassment.

“It would tie the hands of commanders, prohibiting them from responsibly addressing threats to unit cohesion that an accommodation might create,” Thompson said.

The amendment would expand an existing “conscience provision” already in the law that President Obama signed under Section 533 as part of the Fiscal Year 2013 Defense Authorization Act. At the time of the signing, Obama called it “unnecessary” and said he was signing the defense package under assurances the Pentagon wouldn’t “permit or condone discriminatory actions that compromise good order and discipline or otherwise violate military codes of conduct.”

Sexual orientation isn’t mentioned anywhere in the amendment, nor in the existing provision in the law that it would expand, but the amendment is likely intended to protect anti-gay service members.

Fleming’s office didn’t immediately respond to a request for comment on the amendment or to verify the language offered by the ACLU.

The language of the amendment as provided by the ACLU follows:

SEC. 5 EXPANSION AND IMPLEMENTATION OF PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS

(a)  ACCOMMODATION  OF MEMBERS’  BELIEFS, ACTIONS,  AJ’\JD SPEECH.-Subsection  (a)(1)   of section 533 of the National Defense Authorization  Act for Fiscal Year 2013  (Public  Law 112-239; 126  Stat.  1727;  10  U.S.C. prec. 1030 note) is amended –

(1) by striking “The  Armed Forces shall accommodate the beliefs” and inserting “Except in cases of military necessity, the Armed  Forces  shall accommodate  the  beliefs, actions,  and  speech”;  and

(2)  by  inserting   “,   actions,   or  speech”   after “such  beliefs”.

(b) NARROW EXCEPTION.-Subsection (a)(2)  of this section is amended by striking  “that threaten” and inserting “that actually harm”.

(c)   DEADLINE  FOR   REGULATIONS;    CONSULTATION.-The  implementation regulations required  by subsection  (c) of such  section  shall  be issued  not  later  than 120 days after the  enactment  of this  Act.  In preparing such regulations,  the Secretary of Defense shall consult  with  the  official military  faith-group representatives who endorse military chaplains.

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Kenya

Kenyan advocacy groups launch LGBTQ voter mobilization campaign

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Kenyan flag (Photo by rarrarorro/Bigstock)

As Kenya prepares for next year’s August general election, local queer rights groups have joined Gen Zers in also mobilizing their members to register as voters. 

The groups’ drive began ahead of the electoral commission’s official launch of a one-month nationwide mass voter registration on March 30, targeting 6.5 million new voters to bring the total to more than 28 million. 

The groups — led by the Initiative for Equality and Non-Discrimination (INEND) and Galck+ — note that politics is not optional, but rather it is “our responsibility” to use the ballot to put an end to bad leadership and discriminatory laws against them. 

“Voting is one of the most powerful ways we exercise our autonomy and remind the State that our human rights are not ‘Western imports’; our struggles for housing, employment, safety, and dignity are fundamentally Kenyan issues,” INEND states. 

It reminds queer individuals that the nation entrusts them with an identity card at age 18 as a recognition of their ability to make decisions, follow laws, and take responsibility for the country’s future. 

INEND also notes that despite this honor, LGBTQ people get kicked out of their homes due to homophobia, are discriminated against at work, and face violence in public places due to the punitive laws that the same State legislates. 

“As queer Kenyans, our vote matters,” INEND states. “Our voice belongs in the democratic and governance conversations, and true democracy includes everyone.”

Some voter mobilization initiatives the queer lobby groups have been using include ‘Queering the Ballot’ Podcasts on civic participation, dubbed ‘Your Vote is Your Future’. The topics explored include how laws shape their lives, the relationship between lived experiences of common citizens, discrimination fatigue, distrust in government systems, and voter apathy. 

The groups through the mobilization drive hope to create a queer voting bloc to actively participate in restructuring and reconstructing the existing governance system they argue has been a problem for them. They maintain the queer community navigates a system that was not built for them from its questioning of their right to exist, yet the Kenyan Constitution clearly states that no citizen should be discriminated against based on sexual orientation or gender identity.   

The Court of Appeal next month will hear a case challenging the constitutionality of provisions in Kenya’s Penal Code that criminalize consensual same-sex relationships among adults. The appeals court postponed the case after adjourning on Feb. 4, its first substantive hearing since the High Court judgement in 2019. 

“Change requires more than pointing fingers. It requires reflection, action, and showing up, especially at the ballot box as LGBTQ Kenyan citizens and declaring that this is our country, our business, and we can no longer watch from the sidelines,” INEND states. 

The group notes that they want a governance system that embraces queer people as they go about their daily lives without any form of homophobic discrimination, harassment, or arrests. Queer people are therefore urged to pick the right leaders who listen to them in Kenya’s six elective positions, from the president down to the local government representatives, as their decisions while in power affect them. 

“It is very irresponsible for any human being, even around the world, to assume that they don’t have political responsibility. It is easy and sounds fancy to say ‘I don’t like politics,’ but it does not make one good as it makes one abandon their political responsibility as a citizen,” INEND states.

The groups are also concerned with the existing homophobia among Kenyans, especially whenever they join them in street protests against the government’s punitive measures or advocating for change. However, they maintain that the LGBTQ community won’t be left behind despite being marginalized in society, yet they are the most affected group when the government raids people’s pockets for taxes.      

“Now we are moving from the margins to the centre of this political conversation early enough to ensure that our community sees the sense because if we live in a country that doesn’t work, we will be the most affected,” INEND states. 

INEND, with the National Gay and Lesbian Human Rights Commission and Galck+, last November launched the second Queering the Ballot Campaign and the 2024 Situation Report on queer participation in Kenya’s democracy. 

The report surveyed 14 of the country’s 47 local governments, whose key findings affirm that queer Kenyans are not outsiders to democracy but its heartbeat.   

“The title ‘Our Vote, Our Future: LGBTQ+ Inclusion in Democratic and Governance Processes’ in Kenya is an ode to the spirit of the queer movement in Kenya; unshaken in the face of adversity, determined in its pursuit of justice, and unrelenting in demand to be seen, heard and counted in democratic and political processes,” reads the report forwarded by former Chief Justice Willy Mutunga.         

The report calls on Parliament, the Independent Electoral and Boundaries Commission, the County Assemblies, and every Kenyan to make inclusion not symbolic but systemic. 

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District of Columbia

Mayor Bowser signs bill requiring insurers to cover PrEP

‘This is a win in the fight against HIV/AIDS’

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D.C. Mayor Muriel Bowser (Washington Blade file photo by Michael Key)

D.C. Mayor Muriel Bowser on March 20 signed a bill approved by the D.C. Council that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

Like all legislation approved by the Council and signed by the mayor, the bill, called the PrEP D.C. Amendment Act, was sent to Capitol Hill for a required 30-day congressional review period before it takes effect as D.C. law.

Gay D.C. Council member Zachary Parker (D-Ward 5) last year introduced the bill.

Insurance coverage for PrEP drugs has been provided through coverage standards included in the Affordable Care Act, known as Obamacare. But AIDS advocacy organizations have called on states and D.C. to pass their own legislation requiring insurance coverage of PrEP as a safeguard in case federal policies are weakened or removed by the Trump administration, which has already reduced federal funding for HIV/AIDS-related programs.

Like legislation passed by other states, the PrEP D.C. Amendment Act requires insurers to cover all PrEP drugs approved by the U.S. Food and Drug Administration.

Studies have shown that PrEP drugs, which can be taken as pills or by injection just twice a year, are highly effective in preventing HIV infection.

“I think this is a win for our community,” Parker said after the D.C. Council voted unanimously to approve the bill on its first vote on the measure in February. “And this is a win in the fight against HIV/AIDS.”  

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Hungary

JD Vance to travel to Hungary next week

Country’s elections to take place on April 12

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Vice President JD Vance speaks at CPAC on Feb. 20, 2024. He and his wife, Usha Vance, will travel to Hungary next week. (Washington Blade photo by Michael Key)

Vice President JD Vance and his wife, second lady Usha Vance, will visit Hungary next week.

An announcement the White House released on Thursday said the Vances will be in Budapest, the Hungarian capital, from April 7-8.

JD Vance “will hold bilateral meetings with” Hungarian Prime Minister Viktor Orbán. The announcement further indicates the vice president “will also deliver remarks on the rich partnership between the United States and Hungary.”

The Vances will travel to Hungary less than a week before the country’s parliamentary elections take place on April 12.

Orbán, who has been in office since 2010, and his Fidesz-KDNP coalition government have faced widespread criticism over its anti-LGBTQ crackdown.

The Associated Press notes polls indicate Orbán is trailing Péter Magyar and his center-right Tisza party.

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