National
Mixed views on ‘conscience’ language in defense bill
Some call provision ‘dangerous,’ claim it will lead to discrimination
LGBT rights supporters are expressing disappointment with “conscience” language included in the final version of major Pentagon budget legislation, and although views on its potential impact are mixed, most say the language won’t have a substantive change on current military policy.
A bipartisan group of House and Senate lawmakers made public on Tuesday their agreement for the fiscal year 2013 defense authorization bill, a $633 billion proposal that sets policy for the Pentagon, continues pay for troops and provides funding for military programs.
But these lawmakers also agreed to include a watered-down provision along the lines of an anti-gay measure included in the House bill by outgoing Rep. W. Todd Akin (R-Mo.). That provision was understood to mean service members would be allowed to harass their gay colleagues and that military chaplains could refuse to minister to them simply by saying to do so goes against their religious beliefs.
The language in the conference report, listed under Section 533, is divided into two parts: the first says service members can’t be punished for their beliefs so long as they don’t violate the Uniform Code of Military Justice, the second says chaplains can’t be punished for refusing to perform a ritual contrary to their religious beliefs.
The section isn’t as overtly anti-gay as the House language — there’s no mention of “human sexuality” or sexual orientation — and says service members can still be punished if they act or speak out on their beliefs.
Lawmakers were expected to take up the legislation by the end of this week. House Armed Services Committee Chair Buck McKeon (R-Calif.) said during the conference that he was hopeful for a vote Thursday.
Ian Thompson, legislative representative for the American Civil Liberties Union, was among those offering the strongest objections to the “conscience” language, saying passage could lead to “claims to discriminate, not only against lesbian, gay, and bisexual service members, but also against women, religious minorities, and in the provision of health care.”
“It could reopen longstanding prohibitions against harassment, could lead to claims of a right to proselytize other service members as well as civilians in occupied areas, and could lead to claims of an opt-out from providing health care or participating in anti-harassment training,” Thompson said.
One conservative group is also claiming victory. Tony Perkins, president of the anti-gay Family Research Council, expressed satisfaction over inclusion of the “conscience” language in a statement.
“We are happy to see that Congress has included language in the Department of Defense reauthorization bill that will protect the conscience rights of chaplains and service members,” Perkins said. “This language provides for the protection of the First Amendment rights of all our men and women in the Armed Forces.”
But the “conscience” provision is one small part of the defense authorization bill aimed at continuing funds for the Pentagon and paychecks for U.S. troops. Moreover, the provision was included in exchange for dropping another provision in the House bill that would have prohibited same-sex marriages on military bases.
Progressives have reason to celebrate because the final report includes a provision in the Senate bill offered by Sen. Jeanne Shaheen (D-N.H.) to expand health coverage to cover female service members seeking abortions in cases of rape and incest. Previously, the Pentagon would only provide an abortion in the event the mother’s life was in danger.
Furthermore, other LGBT advocates didn’t express the same sense that “conscience” language would have significant impact.
These advocates are echoing the sentiment of Rep. Adam Smith, top Democrat on the House Armed Services Committee, who told the Washington Blade during a news conference on Tuesday that while he personally doesn’t support the language, it won’t have a substantive impact on the military because it’s consistent with current policy.
“I think that’s current law,” Smith said. “You can’t punish someone based solely on their beliefs. It has to be actions. That’s current law. I didn’t think that this language needed to be in it. If you ask me, what the one thing I would take out of this bill, if I could, that would be the one thing I would take out of this bill. Now, it’s significantly neutered, if you will, to the point where I don’t think it’s going to be a problem, and I’m going to support the bill, but that is a provision that I did not support.”
Among the groups saying the provisions would have no effect are the Human Rights Campaign, OutServe-SLDN and the Center for American Progress.
Michael Cole-Schwartz, a Human Rights Campaign spokesperson, called the provision “unnecessary” in the wake of repeal of “Don’t Ask, Don’t Tell,” but also “meaningless.”
“While it’s bad, it’s also meaningless in a lot of ways,” Cole-Schwartz said. “We were successful in making sure an extension of DOMA wasn’t included and it’s not clear that this language, while unfortunate, will have meaningful consequence for service members.”
Allyson Robinson, executive director of OutServe-SLDN, called the inclusion of the language “disheartening” — especially because it comes on the second anniversary of “Don’t Ask, Don’t Tell” repeal — but says it won’t create any new policy for the Pentagon.
“Indeed, no service member or chaplain is ever punished for his or her religious beliefs unless he or she acts on those beliefs in a way inconsistent with military law or good order and discipline,” Robinson said.
But Robinson also said the appearance of the language in the defense bill should serve as a cautionary tale.
“The fact that provisions such as these could make their way into this bill is an indication that the gains we have made are fragile and that we must remain ever vigilant even as we look toward the work ahead of us needed to achieve full equality in our military,” Robinson said.
Crosby Burns, research associate on LGBT issues for the Center for American Progress, also shared the sentiment that nothing new would happen if the “conscience” provision became law.
“Based on the conference reports language, I believe that it essentially reiterates existing freedoms and protections that service members and chaplains already have,” Burns said. “Obviously, it sets a dangerous precedent because it’s based off language in the House bill that was intentionally crafted to allow people to discriminate against openly gay service members, so obviously that’s cause for concern, but based off the existing language, we believe it doesn’t actually change anything in terms of the substantive policy.”
The White House is staying mum on the conference report provision. A spokesperson didn’t respond to a request for comment after it was made public.
In May, the White House issued a Statement of Administration Policy saying the Obama administration “strongly objects” to the conscience language as it appeared in the House bill along with the provisions barring same-sex marriage from taking place on military bases.
Denying the passage of the provision would have no impact, ACLU’s Thompson drew on the White House objections to the House language while condemning the provision found in the conference report.
“Earlier this year, the White House conveyed its strong objections to the original House-passed language based on how the provision would affect ‘all personnel-related actions based on certain religious and moral beliefs, which, in its overbroad terms, is potentially harmful to good order and discipline,'” Thompson said. “Those serious concerns have — despite initial reports to the contrary — not been resolved by this conference report language. Rather, they are magnified.”
But the White House Statement of Administration Policy doesn’t go as far as a veto threat over the conscience provision if the final version of the bill includes this provision.
Asked whether a veto is necessary, Thompson said the ACLU has already called on Obama to veto the defense authorization bill over an unrelated provision related to detainees at Guantanamo Bay, but hasn’t yet determined whether to include the “conscience” provision as another reason to veto the bill.
“The ACLU, as part of a broad coalition of human rights organizations, is already recommending a veto of the legislation based on its Guantanamo detainee transfer prohibitions,” Thompson said. “We are exploring whether to add this provision as another reason we would recommend a White House veto.”
The complete language of Section 533 of the bill follows:
SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a) PROTECTION OF RIGHTS OF CONSCIENCE. —
(1) ACCOMMODATION. — The Armed Forces shall accommodate the beliefs of a member of the armed forces reflecting the conscience, moral principles, or religious beliefs of the member and, in so far as practicable, may not use such beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.
(2) DISCIPLINARY OR ADMINISTRATIVE ACTION. — Nothing in paragraph (1) precludes disciplinary or administrative action for conduct that is proscribed by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), including actions and speech that threaten good order and discipline.
(b) PROTECTION OF CHAPLAIN DECISIONS RELATING TO CONSCIENCE, MORAL PRINCIPLES, OR RELIGIOUS BELIEFS. — No member of the Armed Forces may— (1) require a chaplain to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of the chaplain; or (2) discriminate or take any adverse personnel action against a chaplain, including denial of promotion, schooling, training, or assignment, on the basis of the refusal by the chaplain to comply with a requirement prohibited by paragraph (1).
(c) REGULATIONS.—The Secretary of Defense shall issue regulations implementing the protections afforded by this section.
America 250
Washington Blade publishes ‘Queering America 250’
New magazine chronicles LGBTQ history and contributions to U.S. culture
The Washington Blade this week published a new glossy magazine, titled “Queering America 250,” a look back at the many contributions that LGBTQ people have made to the founding of the country through the present day.
From Colonial times to modern pop culture, the magazine aims to remind readers of some of the many ways queer people have influenced American life.
“As the country commemorates 250 years, we wanted to do our part to ensure LGBTQ contributions to America were not ignored or forgotten,” said Blade Editor Kevin Naff. “As this administration seeks to erase queer identities, it’s more important than ever that we speak up and remind the world that we have always been here and always will be.”
The magazine is divided into chapters addressing queer life in Colonial times, the early 20th century, the late 20th century, and the 21st century. There’s a story about D.C.’s role in LGBTQ visibility; a top 40 moments in queer pop culture piece; and a series of opinion pieces and photo pages from the Blade’s historic archive.
The magazine is free and available across the D.C. region during Pride. It’s also available online.
You can find the magazine here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.
America 250
After years of progress, 21st century brings backlash, roll backs
Trump’s arrival demonstrates fragility of our equality wins
Over the past 26 years, the fight for LGBTQ rights in the United States has unfolded in cycles of progress and backlash. Legal victories and cultural breakthroughs have expanded visibility and protections, building on momentum from decades of activism at the turn of the millennium. Despite the community’s best efforts, those gains have never been fully secure. Even landmark rulings like Obergefell v. Hodges have not ended the struggle. Today, as federal, state, and local leaders continue to introduce laws targeting LGBTQ people — particularly transgender Americans — the movement finds itself once again defending rights many once considered settled.
In 2000, Vermont became the first state in the country to recognize same-sex couples through civil unions following the Vermont Supreme Court decision in Baker v. State of Vermont. The ruling marked the first statewide legal recognition of LGBTQ relationships in the United States, even if it fell short of full marriage equality.
While progress toward protections for same-sex couples was being made in the “Green Mountain State,” rights for LGBTQ people in other parts of the country were being restricted the same year. In Mississippi, same-sex couples were banned from adopting children, underscoring how dramatically LGBTQ rights varied across the country — state by state, and often county by county.
Culturally, LGBTQ stories were becoming more visible. In late 2000, “Queer as Folk” premiered in the United States, featuring unapologetic gay storylines that explored addiction, relationships, sex, and life during the ongoing HIV/AIDS epidemic. While groundbreaking in its visibility, the series was also criticized for its lack of racial and gender diversity, reflecting the limitations of LGBTQ representation at the time.
The next major legal shift came in 2003, when the Supreme Court ruled in Lawrence v. Texas that sodomy laws were unconstitutional. The decision decriminalized same-sex intimacy between consenting adults nationwide and marked a turning point in the recognition of LGBTQ people under constitutional law, moving the country closer — at least legally — to treating private relationships with equal dignity.
Just a year later, in 2004, Massachusetts became the first state to legalize same-sex marriage, making it the first jurisdiction in the United States where marriage equality became law. That same year, however, the national political climate revealed deep resistance: more than a dozen states passed constitutional amendments banning same-sex marriage, embedding discrimination into state law through ballot initiatives.
The tension between cultural progress and political backlash intensified in 2006, when Arizona became the first state to reject a constitutional ban on same-sex marriage at the ballot box — an early sign that public opinion was beginning to shift, even as most states still moved in the opposite direction.
By 2008, California’s Proposition 8 overturned marriage equality in the nation’s most populous state, sparking widespread protests and legal challenges that would eventually reach the Supreme Court. That same year, the global financial crisis briefly overshadowed LGBTQ political momentum, but organizing continued at the state and local level.

In 2009, Congress passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, expanding federal hate crime protections to include sexual orientation, gender identity, race, and religion. The law was named after Matthew Shepard, a gay man murdered in a 1998 hate crime, and James Byrd Jr., a Black man murdered in a racially motivated attack in Texas.
In 2010, President Barack Obama signed the Don’t Ask, Don’t Tell Repeal Act into law, ending the ban on openly gay and lesbian service members in the U.S. military. The repeal took effect in 2011, marking a major milestone in LGBTQ inclusion in federal institutions.
In 2012, the FDA approved Truvada as the first medication used for pre-exposure prophylaxis (PrEP), a breakthrough that transformed HIV prevention. For the first time, HIV transmission became medically preventable through daily medication. Over the following years, advances in antiretroviral therapy dramatically improved life expectancy for people living with HIV, turning what was once a fatal diagnosis into a manageable chronic condition when treated properly.

Also in 2012, voters in several states — including Maine, Maryland, and Washington —approved same-sex marriage at the ballot box for the first time, signaling growing public support for marriage equality.
In 2013, the Supreme Court ruled in United States v. Windsor that key parts of the Defense of Marriage Act (DOMA) were unconstitutional, requiring federal recognition of legally performed same-sex marriages. This decision accelerated the spread of marriage equality litigation across the country.
By 2014, federal courts had struck down same-sex marriage bans in multiple states, creating a legal patchwork that increasingly pointed toward nationwide recognition.
In 2015, the Supreme Court issued its landmark decision in Obergefell v. Hodges, legalizing same-sex marriage nationwide. The ruling marked the culmination of decades of activism and legal advocacy, establishing marriage equality as the law of the land.
Despite that victory, new challenges emerged almost immediately. In 2016, the Pulse nightclub shooting in Orlando became the deadliest mass shooting in U.S. history, killing 49 mostly LGBTQ people and injuring dozens more. That same year, North Carolina passed House Bill 2 (HB2), one of the earliest and most widely criticized “bathroom bills” targeting transgender individuals’ access to public facilities.
In 2017, President Donald Trump announced a ban on transgender individuals serving in the military, reversing Obama-era policy. The ban was implemented in 2019 after a series of legal challenges. At the same time, visibility for transgender people in politics and media continued to grow, with more openly trans candidates running and winning office.
In 2018, a record number of openly LGBTQ candidates were elected nationwide, reflecting a growing pipeline of political representation. That same year, increasing legal battles over transgender athletes and healthcare access began emerging in state legislatures.
In 2019, the FDA approved Descovy as another PrEP option, expanding HIV prevention tools and access for patients who could not take Truvada. That year also saw continued expansion of LGBTQ representation in media, with more trans and nonbinary characters appearing in mainstream television.
In 2020, the Supreme Court delivered another major civil rights ruling in Bostock v. Clayton County, holding that federal workplace discrimination protections under Title VII apply to LGBTQ employees. The decision marked a significant expansion of federal legal protections, as the Court declined to revisit marriage equality, leaving Obergefell intact.
The early 2020s brought rapid shifts in federal policy. In 2021, the Biden administration reversed the transgender military ban and expanded federal protections for LGBTQ Americans in housing, healthcare, and education. That same year, the FDA approved Apretude, the first long-acting injectable form of PrEP, marking another major advancement in HIV prevention.
In 2022, Congress passed the Respect for Marriage Act, which required federal recognition of same-sex and interracial marriages even if Obergefell were ever overturned. But that same year, Florida enacted its “Don’t Say Gay” law, restricting classroom instruction on sexual orientation and gender identity in early grades and sparking similar legislative efforts in other states.
By 2023, state legislatures across the country introduced a record number of bills targeting LGBTQ people, particularly transgender youth. These measures included bans on gender-affirming care, restrictions on school participation in sports, and regulations on drag performances. At the same time, several states passed “shield laws” protecting access to gender-affirming care and abortion-related healthcare, deepening a growing legal and cultural divide between states.

In 2024, LGBTQ rights once again became a defining issue in national politics. Debates over transgender healthcare, youth protections, and curriculum policies increasingly shaped state and federal elections. As the political landscape intensified, former President Donald Trump and allied lawmakers continued to campaign on rolling back LGBTQ protections, particularly those affecting transgender Americans.
As the country moves further into the 2020s, the central reality of the past 26 years remains unchanged: LGBTQ Americans have achieved historic legal and cultural victories, but those gains have never been permanent. Progress has consistently been met with resistance, reversal attempts, and renewed political conflict. The result is a civil rights movement that, even after landmark victories like Obergefell v. Hodges continues to fight for protections that remain vulnerable to the shifting tides of American politics.
America 250
Celebrating 250 years of LGBTQ Icons
From presidents to athletes, queer Americans have a long, proud history
Editor’s note: This is part of the “Queering America 250” LGBTQ history magazine published by the Washington Blade. The glossy magazine is free and available across the D.C. region during Pride.
You can find it here: Annie’s, As You Are, Bunker, Crush, DIK Bar, District Eagle, Green Lantern, Her Diner, Jane Jane, JR.’s, Icon, Kiki, Larry’s Lounge, Little Gay Pub, Nellie’s, Number Nine, Pitchers, Red Bear Brewing, Shakers, Sinners and Saints, Spark Social House, Fireplace, Thurst, Trade, Uproar, Whitman-Walker Health, Destination DC, Mayor’s Office of LGBTQ Affairs, DC Center, SMYAL, HRC, Bite the Fruit, 350 Bakery, Logan 14 Aveda Salon Spa, Vida Fitness U Street and Logan Circle, Freddie’s Beach Bar, Destination Tomorrow. The magazine is also available at D.C. and Northern Virginia libraries.
Throughout much of our nation’s 250-year history, the LGBTQ+ community was rendered invisible. Relatively few Americans – including much of our community – knew the impact that LGBTQ+ Americans have made to our country. As that story emerged, there is pushback and attempt to re-closet that history. The LGBTQ+ community is the only minority community that does not learn its history at home, public schools, and religious institutions. That lack of history denies role models, diminishes community empowerment and undermines our collective important national contributions.
In 2006, Equality Forum, a national LGBT civil rights organization initiated LGBT History Month – a celebration that takes place each year in October. Each day there is a featured Icon with a video, biography, bibliography with links and downloadable images – all online and free. After 20 years, there are 620 Icons archived on the site with searchable resources accessible by race, sexual orientation, field of expertise, and many more categories.
At lgbtHistoryMonth.com, you can find Icons who have impacted our nation including as president, vice president, legislators, soldiers, athletes, entrepreneurs, and cultural legends, among others.

Those significant contributions to history began in the nation’s founding battle for independence. For instance, at Benjamin Franklin’s recommendation, Prussian military leader Baron Von Steuben was named the Continental Army’s Inspector General. He took rag tag recruits and turned them into a disciplined fighting force. Von Steuben wrote the training and discipline manual and is considered one of the founding fathers of the U.S. Army. George Washington named him a Major General. Von Steuben served as General Washington’s chief of staff through independence.

In the 1800s, Alabama U.S. Sen. William Rufus King was a diplomat and the nation’s 13th vice president. King and Pennsylvania U.S. Sen. James Buchanan shared a house in Washington and were known as a couple. Buchanan, the nation’s 17th Secretary of State was elected our 15th president. Buchanan was succeeded by Abraham Lincoln. Historical documents have also revealed President Lincoln’s intimate relationships with men.
The 1800s also included distinguished poets Walt Whitman and Emily Dickinson. Mary Edwards Walker was the first woman female surgeon in the U.S. Army and the only woman ever to be bestowed the nation’s highest military award, the Medal of Honor.
Among leading abolitionists and suffragettes are Susan B. Anthony, Anna Elizabeth Dickinson and Jane Addams. Anthony’s image is on a U.S. coin; Anna Dickinson was the first woman to address Congress; and Addams was a founder of social work and settlement houses and the first American woman to win the Nobel Peace Prize. To close out the 19th century, our national anthem “America the Beautiful” was written by poet and Wellesley College professor Katharine Lee Bates to celebrate July 4th in 1895.
The first half of the 20th century included the African-American agricultural scientist who pioneered crop rotation, George Washington Carver; renowned novelist of life on the Great Plains Willa Cather; composer and Dean of American Music Aaron Copland; first American-born Chinese female physician Margaret Chung, who distinguished herself in WWII; women’s golf superstar Babe Didrickson; founder of the Eastman Kodak Company George Eastman, who revolutionized photography; chef James Beard; legendary jazz and swing singer Billie Holiday; pioneering human sexologist Alfred Kinsey; the first African-American Rhodes Scholar and Dean of the Harlem Renaissance Alain Locke; stellar cultural anthropologist Margaret Mead; the first woman to win the Pulitzer Prize for Fiction Edith Wharton; and the longest-serving first lady and international human rights activist Eleanor Roosevelt.

The second half of the 20th century was a civil rights era. In August 1963, Rev. Dr. Martin Luther King, Jr. defined a national civil rights movement on the National Mall at the March on Washington. That March would not have happened without the strategic and organizational skills of Bayard Rustin. Among other prominent African-American leaders were Congresswoman Barbara Jordan, author James Baldwin, and activist Angela Davis.
What has come to be known as the LGBTQ+ civil rights movement was launched by Gay Pioneers Frank Kameny and Barbara Gittings with Annual Reminders for equality each July 4 from 1965 to 1969 at Independence Hall. These Annual Reminders laid the groundwork for the Stonewall Rebellion in June 1969. With Craig Rodwell, Kameny and Gittings helped organize the Christopher Street Liberation Day March in June 1970 to remember Stonewall — now known as the first New York Pride Parade.
In the Eisenhower administration, Robert Cutler became the nation’s first National Security Adviser and organized its mission and structure. American culture was shaped by playwrights Tennessee Williams and Stephen Sondheim, composer Leonard Bernstein, choreographer Alvin Ailey Jr. and artist Andy Warhol. Heart throb and Academy Award-nominated actor Rock Hudson helped bring the AIDS epidemic to public concern just as Rachel Carson did the same for the environment. Architect Philip Johnson and entrepreneur Malcolm Forbes were preeminent in their careers. Gold Medal Olympian Greg Louganis and world title fighter in three divisions Emile Griffith helped upend stereotypes. Sally Ride, a physicist and astronaut, was the first American woman in space. Decorated Marine veteran Billy Sipple thwarted an attempt to assassinate President Ford. The murders of Matthew Shepard and San Francisco’s first openly gay elected official Harvey Milk, focused the nation’s attention on hate crimes and LGBTQ+ rights.
As the new millennium emerged under the dark cloud of Sept. 11, 2001, Franciscan friar and chaplain, Fire Department of New York, Father Mychal Judge emerged as the heroic “Saint of 9/11” and Mark Bingham led those who brought down Flight 93 that terrorists intended to destroy the White House or Capitol.
Marin Alsop became the first American woman to be permanent conductor of a major American orchestra. Soccer’s Megan Rapinoe and basketball’s Sue Bird and Brittney Griner are legendary superstars and Olympic Gold Medalists. Tammy Smith was named a Major General in the U.S. Army Reserves. Raphael Bostic headed the Atlanta Office of the Federal Reserve Bank and served on the Federal Reserve Board’s prestigious Federal Open Market Committee. Darren Walker was the president, Ford Foundation. Jeffrey Seller became one of Broadway’s most successful producers with hits that include “Rent” and “Hamilton.”

The first quarter of the 21st century has seen LGBTQ+ advances that would have seemed unimaginable to the Gay Pioneers at the Annual Reminders at Independence Hall just 60 years ago. In 2003, the U.S. Supreme Court declared consensual adult same-sex sodomy statutes unconstitutional in John Lawrence and Tyron Garner v. Texas. Tammy Baldwin became the first out U.S. Senator in 2013. In 2015, the Supreme Court upheld same-sex marriage in James Obergefell v. Hodges. In 2021, Pete Buttigieg as Secretary of Transportation became the first Senate-confirmed openly gay Cabinet member. In 2024, Sarah McBride was elected the first transgender member of Congress.
While these are a handful of the 620 LGBT History Month Icons that have enriched our nation and world, you can find more than 550 more Icons at www.lgbtHistoryMonth.com. On the top bar, click on Icon Search.
A prideful July 4, 2026!
Malcolm Lazin is founder and executive director of Equality Forum.


