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Conferees omit anti-gay provisions from defense bill

Repeal of military’s sodomy ban also dropped from legislation

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Lawmakers on Capitol Hill unveiled on Monday an agreement on major defense budget legislation that omits anti-gay provisions found in the House version of the legislation — including language that would have prohibited military chaplains and facilities from being involved in same-sex marriage ceremonies.

The conference report on the fiscal year 2012 defense authorization bill hammers out the differences in the House and Senate versions of the legislation while allocating $662 billion in funds for military programs and troop compensation.

Absent from the final bill is language found in the House version that prohibits both military chaplains and bases from being involved in same-sex wedding ceremonies. Rep. W. Todd Akin (R-Mo.) inserted the language during the markup of the bill.

Additionally, conferees dropped language in the House bill that was added by Rep. Vicky Hartzler (R-Mo.) reiterating the Defense Department must comply with the Defense of Marriage Act.

LGBT advocates had railed against the Akin amendment as an extension of DOMA beyond the restrictions that are already imposed by the anti-gay law. Its adoption would have rolled back Pentagon guidance issued on Sept. 30 saying military chaplains could officiate at same-sex weddings if they so chose and military facilities could be involved in such events. The Hartzler amendment was seen as simply redundant to existing restrictions under DOMA.

Instead of these provisions, conferees settled on a provision found in the Senate version of the bill that Sen. Roger Wicker (R-Miss.) added by amendment on the floor. The language allows chaplains who don’t wish to perform same-sex weddings to opt out of doing so.

“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 language reads.

The Senate language was seen as simply reiterating the principles of the Pentagon guidance — but with different wording — because its passage would impose no restrictions on a military chaplain’s ability to marry a same-sex couple.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, commended conferees for omitting the anti-gay language in the House bill in favor of the Senate provision.

“We congratulate the House and Senate conference committee for having struck the correct balance on the chaplains provisions,” Sarvis said. “Clearly, there was no place for the restrictive Akin language as the Defense Department continues to move forward on effective implementation of open service in our military.”

However, the conference report also leaves out language from the Senate bill that would have repealed 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 had asked for repeal of the sodomy ban as part of the Comprehensive Review Working Group report on “Don’t Ask, Don’t Tell” that was issued late last year. The Commission on the 50th Anniversary of the Uniform Code of Military Justice, informally known as the Cox Commission, had also called for an end to the sodomy ban.

LGBT advocates had also been calling for a repeal of the provision. Sarvis expressed disappointment that conferees didn’t include the Senate language in the conference bill.

“Dropping Article 125 has been recommended for more than a decade by SLDN and several groups, including the Cox Commission that includes distinguished legal scholars from the military and academia, as well as the Comprehensive Review Working Group,” Sarvis said. “The Senate was right to take this action, and it is unfortunate that their attempt to end Article 125 did not prevail.”

The final bill also omits language found in the House bill — added by Rep. Duncan Hunter (R-Calif.) — that would have expanded the certification requirement for “Don’t Ask, Don’t Tell” repeal to include the four military service chiefs. Certification happened over the summer, so the language was moot.

But these provisions were small portions of massive defense legislation on which House and Senate lawmakers had to come to an agreement. The major question was whether lawmakers could come to an agreement on the issue of military detainees that would be acceptable to the White House.

The White House had issued a veto threat over the Senate version of the defense bill that would have required military custody of terrorist suspects and allowed indefinite detention of some without trial.

In a statement, Senate Armed Services Committee Chair Carl Levin (D-Mich.) said the bill includes the Senate provision, but also “provides a number of additional assurances that there will be no interference with civilian interrogations or other law enforcement activities.”

A White House spokesperson didn’t respond to a request for comment on whether President Obama would sign the bill with this modified language. It wasn’t clear whether the language would be acceptable.

According to the Associated Press, floor votes in both the House and Senate are expected on Wednesday, after which the bill would head to Obama’s desk.

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U.S. Federal Courts

Judge temporarily blocks executive orders targeting LGBTQ, HIV groups

Lambda Legal filed the lawsuit in federal court

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President Donald Trump (Washington Blade photo by Michael Key)

A federal judge on Monday blocked the enforcement of three of President Donald Trump’s executive orders that would have threatened to defund nonprofit organizations providing health care and services for LGBTQ people and those living with HIV.

The preliminary injunction was awarded by Judge Jon Tigar of the U.S. District Court for the Northern District of California in a case, San Francisco AIDS Foundation v. Trump, filed by Lambda Legal and eight other organizations.

Implementation of the executive orders — two aimed at diversity, equity, and inclusion along with one targeting the transgender community — will be halted pending the outcome of the litigation challenging them.

“This is a critical win — not only for the nine organizations we represent, but for LGBTQ communities and people living with HIV across the country,” said Jose Abrigo, Lambda Legal’s HIV Project director and senior counsel on the case. 

“The court blocked anti-equity and anti-LGBTQ executive orders that seek to erase transgender people from public life, dismantle DEI efforts, and silence nonprofits delivering life-saving services,” Abrigo said. “Today’s ruling acknowledges the immense harm these policies inflict on these organizations and the people they serve and stops Trump’s orders in their tracks.”

Tigar wrote, in his 52-page decision, “While the Executive requires some degree of freedom to implement its political agenda, it is still bound by the constitution.”

“And even in the context of federal subsidies, it cannot weaponize Congressionally appropriated funds to single out protected communities for disfavored treatment or suppress ideas that it does not like or has deemed dangerous,” he said.

Without the preliminary injunction, the judge wrote, “Plaintiffs face the imminent loss of federal funding critical to their ability to provide lifesaving healthcare and support services to marginalized LGBTQ populations,” a loss that “not only threatens the survival of critical programs but also forces plaintiffs to choose between their constitutional rights and their continued existence.”

The organizations in the lawsuit are located in California (San Francisco AIDS Foundation, Los Angeles LGBT Center, GLBT Historical Society, and San Francisco Community Health Center), Arizona (Prisma Community Care), New York (The NYC LGBT Community Center), Pennsylvania (Bradbury-Sullivan Community Center), Maryland (Baltimore Safe Haven), and Wisconsin (FORGE).

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U.S. Supreme Court

Activists rally for Andry Hernández Romero in front of Supreme Court

Gay asylum seeker ‘forcibly deported’ to El Salvador, described as political prisoner

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Immigrant Defenders Law Center President Lindsay Toczylowski, on right, speaks in support of her client, Andry Hernández Romero, in front of the U.S. Supreme Court on June 6, 2025. (Washington Blade photo by Michael K. Lavers)

More than 200 people gathered in front of the U.S. Supreme Court on Friday and demanded the Trump-Vance administration return to the U.S. a gay Venezuelan asylum seeker who it “forcibly disappeared” to El Salvador.

Lindsay Toczylowski, president of the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Andry Hernández Romero, is among those who spoke alongside U.S. Rep. Mark Takano (D-Calif.) and Human Rights Campaign Campaigns and Communications Vice President Jonathan Lovitz. Sarah Longwell of the Bulwark, Pod Save America’s Jon Lovett, and Tim Miller are among those who also participated in the rally.

“Andry is a son, a brother. He’s an actor, a makeup artist,” said Toczylowski. “He is a gay man who fled Venezuela because it was not safe for him to live there as his authentic self.”

(Video by Michael K. Lavers)

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.”

President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.” The Trump-Vance administration subsequently “forcibly removed” Hernández and hundreds of other Venezuelans to El Salvador.

Toczylowski said she believes Hernández remains at El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT. Toczylowski also disputed claims that Hernández is a Tren de Aragua member.

“Andry fled persecution in Venezuela and came to the U.S. to seek protection. He has no criminal history. He is not a member of the Tren de Aragua gang. Yet because of his crown tattoos, we believe at this moment that he sits in a torture prison, a gulag, in El Salvador,” said Toczylowski. “I say we believe because we have not had any proof of life for him since the day he was put on a U.S. government-funded plane and forcibly disappeared to El Salvador.”

“Andry is not alone,” she added.

Takano noted the federal government sent his parents, grandparents, and other Japanese Americans to internment camps during World War II under the Alien Enemies Act. The gay California Democrat also described Hernández as “a political prisoner, denied basic rights under a law that should have stayed in the past.”

“He is not a case number,” said Takano. “He is a person.”

Hernández had been pursuing his asylum case while at the Otay Mesa Detention Center in San Diego.

A hearing had been scheduled to take place on May 30, but an immigration judge the day before dismissed his case. Immigrant Defenders Law Center has said it will appeal the decision to the Board of Immigration Appeals, which the Justice Department oversees.

“We will not stop fighting for Andry, and I know neither will you,” said Toczylowski.

Friday’s rally took place hours after Attorney General Pam Bondi said Kilmar Abrego Garcia, a Maryland man who the Trump-Vance administration wrongfully deported to El Salvador, had returned to the U.S. Abrego will face federal human trafficking charges in Tennessee.

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National

A husband’s story: Michael Carroll reflects on life with Edmund White

Iconic author died this week; ‘no sunnier human in the world’

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Michael Carroll spoke to the Blade after the death his husband Edmund White this week. (Photo by Michael Carroll)

Unlike most gay men of my generation, I’ve only been to Fire Island twice. Even so, the memory of my first visit has never left me. The scenery was lovely, and the boys were sublime — but what stood out wasn’t the beach or the parties. It was a quiet afternoon spent sipping gin and tonics in a mid-century modern cottage tucked away from the sand and sun.

Despite Fire Island’s reputation for hedonism, our meeting was more accident than escapade. Michael Carroll — a Facebook friend I’d chatted with but never met — mentioned that he and his husband, Ed, would be there that weekend, too. We agreed to meet for a drink. On a whim, I checked his profile and froze. Ed was author Edmund White.

I packed a signed copy of Carroll’s “Little Reef” and a dog-eared hardback of “A Boy’s Own Story,” its spine nearly broken from rereads. I was excited to meet both men and talk about writing, even briefly.

Yesterday, I woke to the news that Ed had passed away. Ironically, my first thought was of Michael.

This week, tributes to Edmund White are everywhere — rightly celebrating his towering legacy as a novelist, essayist, and cultural icon. I’ve read all of his books, and I could never do justice to the scope of a career that defined and chronicled queer life for more than half a century. I’ll leave that to better-prepared journalists.

But in those many memorials, I’ve noticed something missing. When Michael Carroll is mentioned, it’s usually just a passing reference: “White’s partner of thirty years, twenty-five years his junior.” And yet, in the brief time I spent with this couple on Fire Island, it was clear to me that Michael was more than a footnote — he was Ed’s anchor, editor, companion, and champion. He was the one who knew his husband best.

They met in 1995 after Michael wrote Ed a fan letter to tell him he was coming to Paris. “He’d lost the great love of his life a year before,” Michael told me. “In one way, I filled a space. Understand, I worshiped this man and still do.”

When I asked whether there was a version of Ed only he knew, Michael answered without hesitation: “No sunnier human in the world, obvious to us and to people who’ve only just or never met him. No dark side. Psychology had helped erase that, I think, or buffed it smooth.”

Despite the age difference and divergent career arcs, their relationship was intellectually and emotionally symbiotic. “He made me want to be elegant and brainy; I didn’t quite reach that, so it led me to a slightly pastel minimalism,” Michael said. “He made me question my received ideas. He set me free to have sex with whoever I wanted. He vouchsafed my moods when they didn’t wobble off axis. Ultimately, I encouraged him to write more minimalistically, keep up the emotional complexity, and sleep with anyone he wanted to — partly because I wanted to do that too.”

Fully open, it was a committed relationship that defied conventional categories. Ed once described it as “probably like an 18th-century marriage in France.” Michael elaborated: “It means marriage with strong emotion — or at least a tolerance for one another — but no sex; sex with others. I think.”

That freedom, though, was always anchored in deep devotion and care — and a mutual understanding that went far beyond art, philosophy, or sex. “He believed in freedom and desire,” Michael said, “and the two’s relationship.”

When I asked what all the essays and articles hadn’t yet captured, Michael paused. “Maybe that his writing was tightly knotted, but that his true personality was vulnerable, and that he had the defense mechanisms of cheer and optimism to conceal that vulnerability. But it was in his eyes.”

The moment that captured who Ed was to him came at the end. “When he was dying, his second-to-last sentence (garbled then repeated) was, ‘Don’t forget to pay Merci,’ the cleaning lady coming the next day. We had had a rough day, and I was popping off like a coach or dad about getting angry at his weakness and pushing through it. He took it almost like a pack mule.” 

Edmund White’s work shaped generations — it gave us language for desire, shame, wit, and liberation. But what lingers just as powerfully is the extraordinary life Ed lived with a man who saw him not only as a literary giant but as a real person: sunny, complex, vulnerable, generous.

In the end, Ed’s final words to his husband weren’t about his books or his legacy. They were about care, decency, and love. “You’re good,” he told Michael—a benediction, a farewell, maybe even a thank-you.

And now, as the world celebrates the prolific writer and cultural icon Edmund White, it feels just as important to remember the man and the person who knew him best. Not just the story but the characters who stayed to see it through to the end.

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