News
Republican’s proposal would make it easier to harass gay service members
Measure would put burden of proof on commanders to show ‘actual harm’
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 “officialĀ militaryĀ Ā faith-groupĀ representativesĀ whoĀ endorseĀ militaryĀ 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.Ā 5 EXPANSION AND IMPLEMENTATION OF PROTECTIONĀ OFĀ RIGHTSĀ OF CONSCIENCEĀ OFĀ MEMBERSĀ OFĀ THEĀ ARMEDĀ FORCES ANDĀ CHAPLAINSĀ OFĀ SUCHĀ MEMBERS
(a)Ā Ā ACCOMMODATIONĀ Ā OFĀ MEMBERS’Ā Ā BELIEFS, ACTIONS,Ā Ā AJ’\JDĀ SPEECH.-SubsectionĀ Ā (a)(1)Ā Ā Ā ofĀ section 533Ā ofĀ theĀ NationalĀ DefenseĀ AuthorizationĀ Ā ActĀ forĀ FiscalĀ YearĀ 2013Ā Ā (PublicĀ Ā LawĀ 112-239;Ā 126Ā Ā Stat.Ā Ā 1727;Ā Ā 10Ā Ā U.S.C.Ā prec.Ā 1030Ā note)Ā isĀ amended –
(1) by striking “TheĀ Ā Armed Forces shall accommodate the beliefs” and inserting “Except in cases of military necessity, the ArmedĀ Ā ForcesĀ Ā shallĀ accommodateĀ Ā theĀ Ā beliefs,Ā actions,Ā Ā andĀ Ā speech”;Ā Ā and
(2)Ā Ā byĀ Ā insertingĀ Ā Ā “,Ā Ā Ā actions,Ā Ā Ā orĀ Ā speech”Ā Ā Ā afterĀ “suchĀ Ā beliefs”.
(b)Ā NARROWĀ EXCEPTION.-SubsectionĀ (a)(2)Ā Ā of this sectionĀ isĀ amendedĀ byĀ strikingĀ Ā “thatĀ threaten”Ā andĀ insertingĀ “thatĀ actuallyĀ harm”.
(c) Ā DEADLINEĀ Ā FORĀ Ā Ā REGULATIONS;Ā Ā Ā Ā CONSULTATION.-TheĀ Ā implementationĀ regulations requiredĀ Ā byĀ subsectionĀ Ā (c)Ā ofĀ suchĀ Ā sectionĀ Ā shallĀ Ā beĀ issuedĀ Ā notĀ Ā laterĀ Ā thanĀ 120 daysĀ after theĀ Ā enactmentĀ Ā ofĀ thisĀ Ā Act.Ā Ā In preparingĀ suchĀ regulations,Ā Ā theĀ SecretaryĀ ofĀ DefenseĀ shallĀ consultĀ Ā withĀ Ā theĀ Ā officialĀ militaryĀ Ā faith-groupĀ representativesĀ whoĀ endorseĀ militaryĀ chaplains.
Maryland Gov. Wes Moore on Thursday signed a bill that seeks to combat efforts to ban books from state libraries.
House Bill 785, also known as the Freedom to Read Act, would establish a state policy āthat local school systems operate their school library media programs consistent with certain standards; requiring each local school system to develop a policy and procedures to review objections to materials in a school library media program; prohibiting a county board of education from dismissing, demoting, suspending, disciplining, reassigning, transferring, or otherwise retaliating against certain school library media program personnel for performing their job duties consistent with certain standards.ā
Moore on Thursday also signed House Bill 1386, which GLSEN notes will ādevelop guidelines for an anti-bias training program for school employees.ā
The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.
Yaaj MĆ©xico, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions. The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.
The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”
“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”
Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice.Ā
The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President AndrĆ©s Manuel LĆ³pez Obrador supports the ban.
Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.Ā Ā
The White House
Four states to ignore new Title IX rules protecting transgender students
Biden administrationĀ last Friday released final regulations
BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity.
The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S.
As of Thursday morning, however, officials in at least four states ā Oklahoma, Louisiana, Florida, and South Carolina ā have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.
Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a āright to bullyā transgender students by using their old names and pronouns intentionally.
Asserting that Title IX law does not protect trans and queer students, Brumley states that schools āshould not alter policies or procedures at this time.ā Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of AppealsĀ in a recent case in West Virginia.
In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX āwould rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,ā apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity.
She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Donāt Say Gay or Trans” law, such bills continue to be proposed in the state.
Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, āWhile Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.ā
Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to āgaslighting the country into believing that biological sex no longer has any meaning.ā
Governor Ron DeSantis approved of the letter and stated that Florida āwill not comply.ā Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Donāt Say Gay or Trans” law that was used to force a trans female teacher to go by āMr.ā
State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role āto improve school safety,ā and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.
The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations āclearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.ā The Human Rights Campaign also praised the rule, stating, ārule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.ā
The rule is slated to go into effect Aug. 1, pending any legal challenges.
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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.
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The preceding article was first published at Erin In The Morning and is republished with permission.
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