Connect with us

National

ALERT: Defense budget may include anti-gay provision

House GOP pushing clause that some fear could lead to harassment of gay service members

Published

on

House Republicans are aggressively pushing for an anti-gay provision in a defense bill proposed by Rep. W. Todd Akin. (Blade file photo by Michael Key)

Some House Republicans are pushing for inclusion of a “conscience protection” clause in the final version of Pentagon budget legislation that could enable discrimination against gay service members, according to LGBT advocates familiar with conference committee negotiations.

The measure could be made final as soon as today.

Two LGBT advocates, who spoke on condition of anonymity, said House Republican conferees working on the final version of the fiscal year 2013 defense authorization bill are pushing for language along the lines of the “conscience protections” in the House version of the legislation under Section 536. One source said this language is “very much in play” for being in the final version of the bill and is one of the final issues yet to be resolved as conferees wrap up the legislation.

Under the language, the U.S. military would have to “accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality” and may not use these beliefs as the basis of any adverse personnel action or discrimination. Additionally, it would prohibit the U.S. military from taking action against military chaplains who decline to serve a particular service member based on religious beliefs.

This language has been understood to mean service members could actively harass their fellow comrades for their perceived or actual sexual orientation without fear of reprisal. Additionally, it has been understood to mean that chaplains would have free rein to discriminate against service members on any basis — including religion, gender, sexual orientation, race or any other characteristic — simply by saying serving them is contrary to their beliefs.

The provision was added during the House Armed Services Committee markup of the legislation in May by outgoing Rep. W. Todd Akin (R-Mo.), an anti-gay lawmaker who became notorious during his bid as a U.S. Senate candidate for suggesting a woman can resist becoming pregnant after a “legitimate rape.” One of the LGBT advocates said the final language may not be exactly like Akin’s language in the House bill, but something along similar lines.

Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), affirmed that House Republican conferees are actively trying to include some type of exemption modeled after the “conscience protections” in the House bill.

“Leader Pelosi strongly opposes the inclusion of a ‘conscience provision’ in the final NDAA conference report,” Hammill said. “This language is a completely unnecessary attempt to address a phantom problem. ‘Don’t Ask, Don’t Tell’ is in the dustbin of history where it belongs and Republicans need to stop trying to alter the tide of progress for gay and lesbian servicemembers.”

According to one source, House Republicans are pushing for the provision in exchange for giving up on the other anti-gay provision in the House defense authorization bill, Section 537, which would prohibit the use of Defense Department property for same-sex marriage ceremonies.

The Republican-controlled House approved a defense authorization bill with both these provisions as part of its $642 billion package in May, but the Senate left out this language in its $631 billion legislation passed last week.

The sense that this language is in play for the final version of the bill isn’t universal. A Senate Democratic aide familiar with the talks, who spoke on condition of anonymity, said he’s heard no discussion about the language and would be “very surprised” if it wound up in the final bill.

“I have not heard of it being in play and when that issue has come up — it came up last year and came up in mark up this year — it has always been outright rejected,” the aide said. “I know that there are House Republicans that want this, but I would be very surprised if it were enough of a group of House Republicans to be able to really play ball on this.”

Conferees may produce a final version of the legislation as soon as today, but likely not until next week. A floor vote is expected on the final version of the bill shortly thereafter. The aide said an informal meeting of conferees took place on Wednesday.

Asked if Democrats are putting up a fight, one source said he thinks Democrats would be happy if the anti-gay provisions were left out, but they may be talking about a compromise that would allow something along the lines of “conscience provisions” to appear in the bill. But the Democratic aide said Senate Armed Services Committee Chair Carl Levin has strong objections to the provisions and would have raised them.

The debate over the language has been somewhat under the radar because controversial provisions included in one chamber’s version of legislation, but not the other, are usually dropped when conferees meet to hammer a final bill. Spokespersons for the House and Senate armed services committees say they wouldn’t have a comment until a final conference report is produced.

One source said it’s unclear which of the House Republican conferees are actively pushing for the language and he doesn’t believe House Armed Services Committee Chair Buck McKeon (R-Calif.) was taking the lead in the effort. But notable anti-gay lawmakers are members of the conference, including Reps. Vicky Hartzler (R-Mo.) and House Armed Services personnel subcommittee chair Joe Wilson (R-S.C.).

It also should be noted that despite concerns about the language, questions linger about whether it will be enforceable even if it becomes the law on the grounds of unit cohesion and morale. The Senate Democratic aide said military chaplains are already free to decline ministration to any service member on the basis of religious beliefs even if the provision weren’t in law. Additionally, the first part of the provision says nothing in the language precludes disciplinary action for conduct proscribed by the Uniform Code of Military Justice — although sexual orientation isn’t a protected class in military law.

The White House said in May the Obama administration “strongly objects” to the conscience provision in the House version of the defense authorization bill along with a provision prohibiting same-sex couples from marrying on military bases as part of its Statement of Administration Policy.

Still, the statement doesn’t go as far as issuing a veto threat if the final version of the bill includes these provisions. A White House spokesperson didn’t respond immediately on short notice to a request for comment.

NOTE: This article has been updated to include a comment from Drew Hammill.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

Published

on

Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.

House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.

The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.

“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”

Continue Reading

Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

Published

on

Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.

Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.

The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.

Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.

The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.

DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.

AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.

The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.

Continue Reading

Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

Published

on

The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.

Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.

The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”

Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.

During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.

Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.

Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.

The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.

Continue Reading

Popular