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Fleming defends ‘conscience’ amendment to harass gay troops

Louisiana Republican says measure would allow freedom of religion

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John Fleming, United States House of Representatives, Louisiana, Republicans, Gay News, Washington Blade
John Fleming, Louisiana, Republican Party, United States House of Representatives, gay news, Washington Blade

Rep. John Fleming (R-La.) is defending his “conscience” provision in the defense authorization bill. (Photo public domain)

A Louisiana House Republican is defending a “conscience” amendment that would make it easier for service members to harass their gay colleagues in the wake of White House objections to the measure.

In a statement on Wednesday, Rep. John Fleming (R-La.) blasted the Obama administration for criticizing his amendment — which has become Section 530 of the House version of the fiscal year 2014 defense authorization bill — by saying the president is “continuing his war on free speech.”

“With its statement, the White House is now endorsing military reprimands of members who keep a Bible on their desk or express a religious belief,” Fleming said. “That is an outrageous position, but it’s what I’ve come to expect from an administration that is aggressively hostile toward religious beliefs that it deems to be politically incorrect.”

The measure puts the burden on the Pentagon to prove that the expression of religious beliefs would be an “actual harm” to good order and discipline in refusing to make an accommodation. It’s seen as a way for troops to harass their gay colleagues for religious reasons without fear of reprisal.

The lawmaker’s reaction comes in response to the Statement of Administration Policy that the White House Office of Management and Budget made public on Tuesday. The administration said it “strongly objects” to the provision because it would undermine a military commander’s authority in a unit. The White House has threatened a veto of the House version of the defense authorization bill, but it didn’t enumerate that provision as a reason for the veto threat.

Fleming, a physician and small business owner, goes on in his statement to say the purpose of the amendment is to protect the free speech of service members who hold religious beliefs.

“It has bipartisan support and takes into account the unique context of military service, accommodating the beliefs of our service members, while not jeopardizing military necessity,” Fleming said. “We need to protect the free speech of the brave warriors who fight to safeguard our liberties, and I hope Congress will reject this blatant White House attack on religious freedom.”

Zeke Stokes, spokesperson for OutServe-SLDN, disputed Fleming’s characterization of his amendment, saying the lawmaker’s “rhetoric does not match reality.”

“The fact is that this amendment would protect inappropriate, defamatory, and discriminatory speech and actions – a significant expansion of current protections – and would leave commanders with no recourse against such prejudicial conduct when it occurs in their units,” Stokes said. “The military already has in place adequate protections for religious freedom and this measure is unwarranted and harmful.”

The full statement from Fleming follows:

“President Obama is continuing his war on free speech. With the IRS trying to intimidate and silence conservative groups, and the Justice Department digging into the phone records of reporters, it’s no surprise that the president also wants to deny First Amendment rights to our Armed Forces. With its statement, the White House is now endorsing military reprimands of members who keep a Bible on their desk or express a religious belief. That is an outrageous position, but it’s what I’ve come to expect from an administration that is aggressively hostile toward religious beliefs that it deems to be politically incorrect.

“My amendment protects, for our men and women in uniform, a principle enshrined in our Constitution and cherished since our Founding Fathers: the free exercise of one’s religious beliefs, including expressions of one’s belief. It has bipartisan support and takes into account the unique context of military service, accommodating the beliefs of our service members, while not jeopardizing military necessity. We need to protect the free speech of the brave warriors who fight to safeguard our liberties, and I hope Congress will reject this blatant White House attack on religious freedom.”

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Congress

House passes reconciliation with gender-affirming care funding ban

‘Big Beautiful Bill’ now heads to the Senate

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U.S. House Speaker Mike Johnson (R-La.) (Washington Blade photo by Michael. Key)

The Republican-led U.S. House of Representatives on Thursday voted 215-214 for passage of the “One Big Beautiful Bill Act” reconciliation package, which includes provisions that would prohibit the use of federal funds to support gender-affirming care.

But for an 11th hour revision of the bill late Wednesday night by conservative lawmakers, Medicaid and CHIP would have been restricted only from covering treatments and interventions administered to patients younger than 18.

The legislation would also drop requirements that some health insurers must cover gender-affirming care as an “essential health benefit” and force states that currently mandate such coverage to find it independently. Plans could still offer coverage for transgender care but without the EHB classification patients will likely pay higher out of pocket costs.

To offset the cost of extending tax cuts from 2017 that disproportionately benefited the wealthiest Americans, the reconciliation bill contains significant cuts to spending for federal programs like Medicaid and the Supplemental Nutrition Assistance Program.

The Human Rights Campaign criticized House Republicans in a press release and statement by the group’s president, Kelley Robinson:

“People in this country want policies and solutions that make life better and expand access to the American Dream. Instead, anti-equality lawmakers voted to give  handouts to billionaires built on the backs of hardworking people — with devastating consequences for the LGBTQ+ community.

“If the cuts to programs like Medicaid and SNAP or resources like Planned Parenthood clinics weren’t devastating enough, House Republicans added a last minute provision that expands its attacks on access to best practice health care to transgender adults.

“This cruel addition shows their priorities have never been about lowering costs or expanding health care access–but in targeting people simply for who they are. These lawmakers have abandoned their constituents, and as they head back to their districts, know this: they will hear from us.”

Senate Republicans are expected to pass the bill with the budget reconciliation process, which would allow them to bypass the filibuster and clear the spending package with a simple majority vote.

Changes are expected as the bill will be reviewed and amended by committees, particularly the Finance Committee, and then brought to the floor for debate — though modifications are expected to focus on Medicaid reductions and debate over state and local tax deductions.

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Congress

Gerry Connolly dies at 75 after battle with esophageal cancer

Va. congressman fought for LGBTQ rights

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U.S. Rep. Gerry Connolly (D-Va.) speaks at a Barack Obama rally on Oct. 19, 2012. (Washington Blade photo by Michael Key)

Democratic U.S. Rep. Gerry Connolly of Virginia died on Wednesday, according to a statement from his family.

The 75-year-old lawmaker, who served in Congress since 2009, announced last month that he will not seek reelection and would step down from his role as the top Democrat on the powerful U.S. House Oversight Committee because his esophageal cancer had returned.

“We were fortunate to share Gerry with Northern Virginia for nearly 40 years because that was his joy, his purpose, and his passion,” his family said in their statement. “His absence will leave a hole in our hearts, but we are proud that his life’s work will endure for future generations.”

“He looked out for the disadvantaged and voiceless. He always stood up for what is right and just,” they said.

Connolly was memorialized in statements from colleagues and friends including House Democratic Leader Hakeem Jeffries (N.Y.), Republican House Speaker Mike Johnson (La.), former President Joe Biden, and U.S. Rep. Jamie Raskin (D-Md.).

Several highlighted Connolly’s fierce advocacy on behalf of federal workers, who are well represented in his northern Virginia congressional district.

The congressman also supported LGBTQ rights throughout his life and career.

When running for the Fairfax County Board of Supervisors in 1994, he fought the removal of Washington Blade newspapers from libraries. When running in 2008 for the U.S. house seat vacated by Tom Davis, a Republican, Connolly campaigned against the amendment to Virginia’s constitution banning same-sex marriage and civil unions in the state.

In Congress, he supported the repeal of “Don’t Ask, Don’t Tell,” the U.S. Supreme Court’s ruling on marriage equality, the Biden-Harris administration’s rescission of the anti-trans military ban, and the designation within the State Department of a special LGBTQ rights envoy. The congressman also was an original cosponsor of the Equality Act and co-sponsored legislation to repeal parts of the Defense of Marriage Act.


 

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Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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