Politics
House panel adopts ‘conscience’ amendment to defense bill
Measure puts burden on Pentagon to prove harassment causes ‘actual harm’

A House panel approved an amendment that would make it easier for troops to harass their gay colleagues. (Washington Blade photo by Michael Key)
A House panel on Wednesday approved as part of major defense legislation an amendment that would make it easier for troops to harass their gay comrades without fear of reprisal.
The amendment, introduced by Rep. John Fleming (R-La.), was approved by the Republican-controlled House Armed Services Committee by a vote of 33-26 as part of the fiscal year 2014 defense authorization bill.
Fleming’s measure would expand the “conscience provision” that already exists in defense law. It would protect discriminatory speech and actions and leave commanders with no recourse against prejudicial conduct when it occurs in their units.
Further, the measure requires the Pentagon to implement regulations within 120 days after the bill becomes law. The defense secretary must consult with “official military faith-group representatives who endorse military chaplains” before the regulations are issued.
President Obama signed the existing “conscience provision” 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.”
LGBT groups expressed disappointment over the adoption of the amendment and said it reflects a continued discontent among those who opposed “Don’t Ask, Don’t Tell” repeal.
Ian Thompson, legislative representative for the American Civil Liberties Union, said “it is disappointing” the House panel approved “this dangerous amendment” as part of the defense authorization bill.
“It is, quite frankly, puzzling why a majority of members on this committee would support a measure that has the potential to make it more difficult for commanders to responsibly deal with problems regarding conduct that undermines longstanding prohibitions against harassment,” Thompson said.
Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, expressed a similar sentiment.
“Let’s face it — this amendment is simply another attack by those who still oppose the successful repeal of ‘Don’t Ask, Don’t Tell’ and continue to look for ways to allow discrimination in our Armed Forces,” Cole-Schwartz said. “This amendment will expand a standard in the law that could allow religion to serve as a proxy for discrimination which clearly harms unit cohesion and military readiness.”
Allyson Robinson, executive director the LGBT military group OutServe-SLDN and Army veteran, expressed opposition to the amendment because, among other things, the bill would undermine the authority of military commanders.
“This amendment takes an authority this nation has entrusted to commanders in the field since its founding – the authority to exercise appropriate control over their troops’ ‘actions or speech’ to maintain good order and discipline – and puts it in the hands of politicians in Washington,” Robinson said. “As someone who has led soldiers in the field, I can tell you that is an untenable situation.”
According to OutServe-SLDN, Rep. Adam Smith (D-WA), top Democrat on the committee, introduced and withdrew key elements of the Military Spouses Equal Treatment Act (MSET) that would ensure “equal benefits, recognition, and support for all military spouses.”
Given the Republican majority on the panel, the measure would have likely failed if Smith had brought up the measure for a vote.
Robinson said Smith’s action serves a reminder that gay service members are unable to receive many spousal benefits — including health and pension benefits — because of the Defense of Marriage Act.
“This important gesture is a reminder that the families of gay and lesbian service members are still not treated equally and that the repeal of ‘Don’t Ask, Don’t Tell’ did not impact that reality,” Robinson said. “Congressman Smith is a tenacious fighter for equality in our military and for our troops and we are grateful for all his work to that end.”
The Blade will provide a roll call vote on the Fleming amendment soon.
2026 Midterm Elections
Markey’s primary win deemed success for LGBTQ activists
Mass. lawmaker champions transgender rights
U.S. Sen. Ed Markey (D-Mass.) clinched the Democratic seat for his reelection campaign in Massachusetts’s primary election on Tuesday.
Markey won the deep-blue state with 64.8 percent of the vote, according to NBC News, triumphing over Marine Corps combat veteran and Congressman Seth Moulton, who received 35.2 percent of the vote.
Massachusetts’s primary election, which determined which Democratic candidate will head to the polls to face off against the Republican challenger in November, is being considered a victory for LGBTQ-inclusive policy, as well as for a divisive pro-transgender rights candidate — both things Markey has become an outspoken champion of.
Markey has experience at multiple levels of government, from the state level, where he served three terms in the state House of Representatives, to his federal tenure, including 20 terms in the U.S. House of Representatives and is now serving his second term as a senator. He has become a fixture of a changing Democratic Party in one of the most consistently blue places in the U.S.
This primary — and much of the national discussion surrounding the Senate seat — focused a lot of campaigning power on fighting the growing sentiment, led mostly by Republicans, that the frustration many Americans feel lends itself to an anti-establishment and anti-incumbent attitude.
Markey ran his campaign using his past as a reflection of his commitment to constantly putting his best foot forward for Bay Staters — particularly with apprehension for issues younger and more progressive democrats have been righting for — including Green New Deal and “Medicare for All” while Moulton — who was also elected to federal office prior to this run — campaigned on being younger than Markey, arguing that he was not the same type of established politician.
Moulton also faced backlash for negative comments about trans athletes, sparking criticism for those who did want younger candidate but want for trans rights to be protected.
Markey’s track record of supporting the LGBTQ community is one of the most clear in federal politics, one that has garnered a “100 percent lifetime voting record” on the Human Rights Campaign’s PAC politician review scorecard.
That list of Markey’s actions includes being a cosponsor of the Equality Act, driving landmark legislation to ensure federal protections for LGBTQ Americans, and being one of the most vocal proponents for trans rights in the federal government — specifically in multiple appropriations bills and in the National Defense Authorization Act. He was also the lead sponsor of the Transgender Health Care Access Act and the Transgender Bill of Rights resolution.
Markey first introduced the Transgender Bill of Rights in the Senate in 2023, where it ultimately failed to be brought to law. He reintroduced the legislation this year once again. This was a direct response to the attitude pushed by many conservatives after 2021, when the push to minimize trans rights started to become a key part of their cause and has been constantly propped up by the Trump-Vance administration.
“Massachusetts needs a senator who stands up and fights back, a senator who never forgets who they are fighting for,” Markey said during his victory speech. “That has been the mission of my life, and it always will be.”
Following the calling of the primary, a slew of LGBTQ organizations rallied behind Markey, many pushing his past as an asset that puts his money where his mouth is through advocating for legislation specifically protecting the LGBTQ community.
Tyler Hack, the executive director of the Christopher Street Project, an organization dedicated to pushing for legal protections for trans americans, released a statement following Markey’s win. Hack argued that putting forward such a staunchly pro-trans candidate is a win for the community, especially after endorsing him earlier this year.
“Tonight, anti-trans politics lost. Massachusetts rejected the idea that attacking transgender people is a shortcut to political power. Voters chose a different path: one where equality is not negotiable, cruelty is not courage, and transgender people do not have to disappear for Democrats to succeed.”
The Human Rights Campaign also endorsed him as a candidate earlier this year and issued a statement via its president, Kelley Robinson.
“Ed Markey has spent decades fighting for LGBTQ+ equality, for working people, and for a more livable world,” Robinson said. “He knows why equality matters. He’s stood with us no matter what. We were proud to endorse him this year, and when a pro-equality majority takes back the Senate this fall, we will continue to count on him as a champion for our community.”
Markey is running for reelection against Republican John Deaton in November, where he is expected to win.
Congress
HRC president campaigns for Chris Pappas in NH
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.
Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.
We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.
Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o
— Chris Pappas (@ChrisPappasNH) August 30, 2026
Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.
Karishma Manzur is among the Democrats challenging Pappas.
A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.
The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.
Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.
Congress
Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?
Senator is backing anti-establishment Democrats across the country
By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.
Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?
Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.
The rest of this article can be found on the Baltimore Banner’s website.
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