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Defense bill contains gay-related provisions

Expanded conscience protections; sodomy ban repealed in military code

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The defense authorization passed by Congress includes gay-related provisions. (Washington Blade file photo by Michael Key)

The U.S. Congress passed major defense budget legislation on Thursday that includes provisions related to the LGBT community — both good and bad — in the aftermath of “Don’t Ask, Don’t Tell.”

The fiscal year 2014 defense authorization bill contains an expansion of the conscience protections for service members under current law, but also repeals the sodomy ban under military law and calls for a report on HIV policy within the U.S. military.

The Senate approved late Thursday by a vote of 84-15 a $630 billion version of the bill, which primarily reauthorizes pay for troops and funding for military programs. The House already approved the legislation, so it’s heading to President Obama’s desk.

Sen. Carl Levin (D-Mich.), the retiring chair of the Senate Armed Services Committee, issued a statement upon passage of the legislation praising the bipartisan nature of its approval.

“Tonight we passed legislation that is good for our national security, and for the men and women who protect us and their families,” Levin said. “The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country.”

Under Section 532, the legislation contains an expansion of the conscience provision that was enacted as part of last year’s defense authorization bill. Under this provision, the armed services shall accommodate service members’ expression of their beliefs — unless it would have an adverse impact on military readiness or good order and discipline.

The language was inserted by Sen. Mike Lee (R-Utah) during the Senate Armed Services Committee markup of the fiscal year 2014 defense authorization. It’s along the lines of a conscience amendment submitted by Rep. Mike Fleming (R-La.) during the House Armed Services Committee markup of its version of the bill, but not quite as strong. LGBT advocates decried the House version of the amendment as a means to enable service members to discriminate and harass their gay colleagues.

A related provision, Section 533, instructs the Inspector General of the Department of Defense to submit a report to Congress no longer than 18 months after the bill is signed into law on incidents of adverse personnel actions or discrimination against troops based on their moral beliefs.

Tony Perkins, president of the anti-gay Family Research Council, praised Congress in a statement over inclusion of the provision, which he said is a means for “protecting the right of service members to freely practice and express their faith.”

“Congress acted appropriately after investigating numerous incidents involving service members who have had their careers threatened, and harassed simply for practicing their faith in a real and tangible way,” Perkins said. “The religious liberty violations have grown so frequent in recent years leading many service members to report being too fearful to share their faith.”

After the enactment of the earlier conscience provision under the previous defense authorization bill, Obama said the Pentagon assured him the language wouldn’t change how the armed forces operated. The Defense Department didn’t respond to the Washington Blade’s request for comment on how implementation will work this time around.

Ian Thompson, legislative representative of the American Civil Liberties Union, said the inclusion of the conscience provision in the defense authorization bill was unnecessary.

“The ACLU believes that the Constitution and existing laws and regulations already offer all members of the Armed Forces, including chaplains, strong protections for their religious beliefs,” Thompson said.

Fred Sainz, the Human Rights Campaign’s vice president of communications, expressed a similar sentiment that the provision is unnecessary because service members’ religious views are already protected under current policy.

“Although this amendment is unnecessary, Congress dropped a different version adopted by the House of Representatives that would have been truly harmful, requiring the military to accommodate beliefs, actions, and speech of service members unless the armed forces could prove ‘actual harm’ to good order and discipline,” Sainz said.

But the legislation as a whole also contains positive language sought by LGBT advocates in the aftermath of “Don’t Ask, Don’t Tell” repeal. Among these provisions is Section 1707 — repeal of the ban on sodomy for gay and straight service members under Article 125 of the Uniform Code of Military Justice. The provision was added by Sen. Mark Udall (D-Colo.).

In its place, the legislation inserts into military code a provision making “unnatural carnal copulation” with another person “by force” subject to a court martial. The provision also reasserts the ban on bestiality in military code.

Although the sodomy ban was rarely enforced for service members engaging in consensual sex in private, it has remained on the books and been used to prosecute troops in combination with additional infractions.

ACLU’s Thompson said the repeal of the sodomy ban is an important step forward to guarantee the liberty of service members — gay and straight — in the aftermath of “Don’t Ask, Don’t Tell” repeal.

“This is a welcome and overdue step forward that respects the liberty and privacy of all service members, and is especially significant for gay and lesbian service members whose intimate relationships, including marriages, were labeled a violation of military criminal law,” Thompson said. “Removing this stigmatizing and discriminatory provision from the Uniform Code of Military Justice advances the promise of equal treatment for all military personnel.”

Additionally, under Section 572, the legislation directs the Pentagon to submit a report to Congress no later than 180 days after the bill is signed into law on personnel policies regarding service members with HIV or Hepatitis B.  The bill directs the Pentagon to include a description of the policies as well as related retention, deployment and disciplinary actions as well as an assessment of whether these policies are evidence-based and medically accurate.

According to the LGBT military group SPART*A, service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.

Thompson said the provision is welcome because it will examine whether the military’s current HIV policy is appropriate or outdated.

“This review is welcome and overdue becausemany of our laws, policies, and regulations regarding HIV were written at a time when we knew far less about the routes and risks of HIV transmission, and prior to the development of effective HIV treatment,” Thompson said.

Another important non-LGBT provision in the defense authorization bill replaces foreign transfer restrictions in  current law to enable President Obama to close the detention facility in Guantanamo Bay. The bill also seeks to aid victims of sexual assault in the military by criminalizing retaliation against victims who report it,  preventing military commanders from overturning jury convictions and protecting victims of sexual assault from abusive treatment during pre-trial proceedings.

The LGBT group Freedom to Work had said insertion of the Employment Non-Discrimination Act into the defense authorization bill could be a viable way to pass the measure. However, prior to ENDA’s passage in the Senate, Senate Majority Leader Harry Reid (D-Nev.) told the Washington Blade such inclusion wasn’t a viable option because he didn’t know if the larger defense bill would pass.

On Thursday, White House Press Secretary Jay Carney issued a statement saying the administration has concerns with certain aspects of the legislation, but supports it overall.

“Although the bill includes a number of provisions that restrict or limit the Defense Department’s ability to align military capabilities and force structure with the President’s strategy and implement certain efficiencies, overall the Administration is pleased with the modifications and improvements contained in the bill that address most of the Administration’s significant objections with earlier versions regarding these issues,” Carney said. “The Administration supports passage of the legislation.”

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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India

Anaya Bangar challenges ban on trans women in female cricket teams

Former Indian cricketer Sanjay Bangar’s daughter has received support

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Anaya Bangar (Photo courtesy of Anaya Bangar's Instagram page)

Anaya Bangar, the daughter of former Indian cricketer Sanjay Bangar, has partnered with the Manchester Metropolitan University Institute of Sport in the U.K. to assess her physiological profile following her gender-affirming surgery and undergoing hormone replacement therapy. 

From January to March 2025, the 23-year-old underwent an eight-week research project that measured her glucose levels, oxygen uptake, muscle mass, strength, and endurance after extensive training. 

The results, shared via Instagram, revealed her metrics align with those of cisgender female athletes, positioning her as eligible for women’s cricket under current scientific standards. Bangar’s findings challenge the International Cricket Council’s 2023 ban on transgender athletes in women’s cricket, prompting her to call for a science-based dialogue with the Board of Control for Cricket in India and the ICC to reform policies for transgender inclusion.

“I am talking with scientific evidence in my hand,” Bangar said in an interview posted to her Instagram page. “So, I hope, this makes an impact and I will be hoping to BCCI and ICC talking with me and discussing this further.” 

On Nov. 21, 2023, the ICC enacted a controversial policy barring trans women from international women’s cricket. Finalized after a board meeting in Ahmedabad, India, the regulation prohibits any trans player who has experienced male puberty from competing, irrespective of gender-affirming surgery or hormone therapy. Developed through a 9-month consultation led by the ICC’s Medical Advisory Committee, the rule aims to safeguard the “integrity, safety, and fairness” of women’s cricket but has drawn criticism for excluding athletes like Canada’s Danielle McGahey, the first trans woman to play internationally. The policy, which allows domestic boards to set their own rules, is slated for review by November 2025.

Bangar shared a document on social media verifying her participation in a physiological study at the Manchester Metropolitan University Institute of Sport, conducted from Jan. 20 to March 3, 2025, focused on cricket performance. The report confirmed that her vital metrics — including haemoglobin, blood glucose, peak power, and mean power — aligned with those of cisgender female athletes. Initially, her fasting blood glucose measured 6.1 mmol/L, slightly above the typical non-diabetic range of 4.0–5.9 mmol/L, but subsequent tests showed it normalized, reinforcing the study’s findings that her physical profile meets female athletic standards.

“I am submitting this to the BCCI and ICC, with full transparency and hope,” said Bangar. “My only intention is to start a conversation based on facts not fear. To build space, not divide it.”

In a letter to the BCCI and the ICC, Bangar emphasized her test results from the Manchester Metropolitan University study. She explained that the research aimed to assess how hormone therapy had influenced her strength, stamina, haemoglobin, glucose levels, and overall performance, benchmarked directly against cisgender female athletic standards.

Bangar’s letter to the BCCI and the ICC clarified the Manchester study was not intended as a political statement but as a catalyst for a science-driven dialogue on fairness and inclusion in cricket. She emphasized the importance of prioritizing empirical data over assumptions to shape equitable policies for trans athletes in the sport.

Bangar urged the BCCI, the world’s most influential cricket authority, to initiate a formal dialogue on trans women’s inclusion in women’s cricket, rooted in medical science, performance metrics, and ethical fairness. She called for the exploration of eligibility pathways based on sport-specific criteria, such as haemoglobin thresholds, testosterone suppression timelines, and standardized performance testing. Additionally, she advocated for collaboration with experts, athletes, and legal advisors to develop policies that balance inclusivity with competitive integrity.

“I am releasing my report and story publicly not for sympathy, but for truth. Because inclusion does not mean ignoring fairness, it means measuring it, transparently and responsibly,” said Bangar in a letter to the BCCI. “I would deeply appreciate the opportunity to meet with you or a representative of the BCCI or ICC to present my findings, discuss possible policy pathways, and work towards a future where every athlete is evaluated based on real data, not outdated perceptions.”

Before her transition, Bangar competed for Islam Gymkhana in Mumbai and Hinckley Cricket Club in the U.K., showcasing her talent in domestic cricket circuits. Her father, Sanjay Bangar, was a dependable all-rounder for the Indian national cricket team from 2001 to 2004, playing 12 test matches and 15 One Day Internationals. He later served as a batting coach for the Indian team from 2014 to 2019, contributing to its strategic development.

Cricket in India is a cultural phenomenon, commanding a fanbase of more than 1 billion, with more than 80 percent of global cricket viewership originating from the country. 

The International Cricket Council, the sport’s governing body, oversees 12 full member nations and more than 90 associate members, with the U.S. recently gaining associate member status in 2019 and co-hosting the 2024 ICC Men’s T20 World Cup. The BCCI generated approximately $2.25 billion in revenue in the 2023–24 financial year, primarily from the Indian Premier League, bilateral series, and ICC revenue sharing. The ICC earns over $3 billion from media rights in India alone for the 2024–27 cycle, contributing nearly 90 percent of its global media rights revenue, with the BCCI receiving 38.5 percent of the ICC’s annual earnings, approximately $231 million per year.

Women’s cricket in India enjoys a growing fanbase, with over 300 million viewers for the Women’s Premier League in 2024, making it a significant driver of the sport’s global popularity. The International Cricket Council oversees women’s cricket in 12 full member nations and over 90 associate members, with the U.S. fielding a women’s team since gaining associate status in 2019 and competing in ICC events like the 2024 Women’s T20 World Cup qualifiers. The BCCI invests heavily in women’s cricket, allocating approximately $60 million annually to the WPL and domestic programs in 2024–25, while contributing to the ICC’s $20 million budget for women’s cricket development globally. India’s media market for women’s cricket, including WPL broadcasting rights, generated $120 million in 2024, accounting for over 50 percent of the ICC’s women’s cricket media revenue.

“As a woman, I feel when someone says that they are women, then they are, be trans or cis. A trans woman is definitely the same as a cis woman emotionally and in vitals, and specially, when someone is on hormone replacement therapy. Stopping Anaya Bangar from playing is discrimination and violation of her rights. It is really sad and painful that every transwoman need to fight and prove their identity everywhere,” said Indrani Chakraborty, an LGBTQ rights activist and a mother of a trans woman. “If ICC and BCCI is stopping her from playing for being transgender, then I will say this to be their lack of awareness and of course the social mindsets which deny acceptance.”

Chakraborty told the Blade that Bangar is an asset, no matter what. She said that the women’s cricket team will only benefit by participation, but the discriminating policies are the hindrance. 

“Actually the transgender community face such discrimination in every sphere. In spite of being potent, they face rejection. This is highly inhuman. These attitudes is regressive and will never let to prosper. Are we really in 2025?,” said Chakraborty. “We, our mindset and the society are the issues. We, as a whole, need to get aware and have to come together for getting justice for Anaya. If today, we remain silent, the entire community will be oppressed. Proper knowledge of gender issues need to be understood.”

The BCCI and the International Cricket Council have not responded to the Blade’s repeated requests for comment.

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New York

Zohran Mamdani participates in NYC Pride parade

Mayoral candidate has detailed LGBTQ rights platform

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NYC mayoral candidate and New York State Assembly member Zohran Mamdani (Screen capture: NBC News/YouTube)

Zohran Mamdani, the candidate for mayor of New York City who pulled a surprise victory in the primary contest last week, walked in the city’s Pride parade on Sunday.

The Democratic Socialist and New York State Assembly member published photos on social media with New York Attorney General Letitia James, telling followers it was “a joy to march in NYC Pride with the people’s champ” and to “see so many friends on this gorgeous day.”

“Happy Pride NYC,” he wrote, adding a rainbow emoji.

Mamdani’s platform includes a detailed plan for LGBTQ people who “across the United States are facing an increasingly hostile political environment.”

His campaign website explains: “New York City must be a refuge for LGBTQIA+ people, but private institutions in our own city have already started capitulating to Trump’s assault on trans rights.

“Meanwhile, the cost of living crisis confronting working class people across the city hits the LGBTQIA+ community particularly hard, with higher rates of unemployment and homelessness than the rest of the city.”

“The Mamdani administration will protect LGBTQIA+ New Yorkers by expanding and protecting gender-affirming care citywide, making NYC an LGBTQIA+ sanctuary city, and creating the Office of LGBTQIA+ Affairs.”

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