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Defense bill contains gay-related provisions

Expanded conscience protections; sodomy ban repealed in military code

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The defense authorization passed by Congress includes gay-related provisions. (Washington Blade file photo by Michael Key)

The U.S. Congress passed major defense budget legislation on Thursday that includes provisions related to the LGBT community — both good and bad — in the aftermath of “Don’t Ask, Don’t Tell.”

The fiscal year 2014 defense authorization bill contains an expansion of the conscience protections for service members under current law, but also repeals the sodomy ban under military law and calls for a report on HIV policy within the U.S. military.

The Senate approved late Thursday by a vote of 84-15 a $630 billion version of the bill, which primarily reauthorizes pay for troops and funding for military programs. The House already approved the legislation, so it’s heading to President Obama’s desk.

Sen. Carl Levin (D-Mich.), the retiring chair of the Senate Armed Services Committee, issued a statement upon passage of the legislation praising the bipartisan nature of its approval.

“Tonight we passed legislation that is good for our national security, and for the men and women who protect us and their families,” Levin said. “The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country.”

Under Section 532, the legislation contains an expansion of the conscience provision that was enacted as part of last year’s defense authorization bill. Under this provision, the armed services shall accommodate service members’ expression of their beliefs — unless it would have an adverse impact on military readiness or good order and discipline.

The language was inserted by Sen. Mike Lee (R-Utah) during the Senate Armed Services Committee markup of the fiscal year 2014 defense authorization. It’s along the lines of a conscience amendment submitted by Rep. Mike Fleming (R-La.) during the House Armed Services Committee markup of its version of the bill, but not quite as strong. LGBT advocates decried the House version of the amendment as a means to enable service members to discriminate and harass their gay colleagues.

A related provision, Section 533, instructs the Inspector General of the Department of Defense to submit a report to Congress no longer than 18 months after the bill is signed into law on incidents of adverse personnel actions or discrimination against troops based on their moral beliefs.

Tony Perkins, president of the anti-gay Family Research Council, praised Congress in a statement over inclusion of the provision, which he said is a means for “protecting the right of service members to freely practice and express their faith.”

“Congress acted appropriately after investigating numerous incidents involving service members who have had their careers threatened, and harassed simply for practicing their faith in a real and tangible way,” Perkins said. “The religious liberty violations have grown so frequent in recent years leading many service members to report being too fearful to share their faith.”

After the enactment of the earlier conscience provision under the previous defense authorization bill, Obama said the Pentagon assured him the language wouldn’t change how the armed forces operated. The Defense Department didn’t respond to the Washington Blade’s request for comment on how implementation will work this time around.

Ian Thompson, legislative representative of the American Civil Liberties Union, said the inclusion of the conscience provision in the defense authorization bill was unnecessary.

“The ACLU believes that the Constitution and existing laws and regulations already offer all members of the Armed Forces, including chaplains, strong protections for their religious beliefs,” Thompson said.

Fred Sainz, the Human Rights Campaign’s vice president of communications, expressed a similar sentiment that the provision is unnecessary because service members’ religious views are already protected under current policy.

“Although this amendment is unnecessary, Congress dropped a different version adopted by the House of Representatives that would have been truly harmful, requiring the military to accommodate beliefs, actions, and speech of service members unless the armed forces could prove ‘actual harm’ to good order and discipline,” Sainz said.

But the legislation as a whole also contains positive language sought by LGBT advocates in the aftermath of “Don’t Ask, Don’t Tell” repeal. Among these provisions is Section 1707 — repeal of the ban on sodomy for gay and straight service members under Article 125 of the Uniform Code of Military Justice. The provision was added by Sen. Mark Udall (D-Colo.).

In its place, the legislation inserts into military code a provision making “unnatural carnal copulation” with another person “by force” subject to a court martial. The provision also reasserts the ban on bestiality in military code.

Although the sodomy ban was rarely enforced for service members engaging in consensual sex in private, it has remained on the books and been used to prosecute troops in combination with additional infractions.

ACLU’s Thompson said the repeal of the sodomy ban is an important step forward to guarantee the liberty of service members — gay and straight — in the aftermath of “Don’t Ask, Don’t Tell” repeal.

“This is a welcome and overdue step forward that respects the liberty and privacy of all service members, and is especially significant for gay and lesbian service members whose intimate relationships, including marriages, were labeled a violation of military criminal law,” Thompson said. “Removing this stigmatizing and discriminatory provision from the Uniform Code of Military Justice advances the promise of equal treatment for all military personnel.”

Additionally, under Section 572, the legislation directs the Pentagon to submit a report to Congress no later than 180 days after the bill is signed into law on personnel policies regarding service members with HIV or Hepatitis B.  The bill directs the Pentagon to include a description of the policies as well as related retention, deployment and disciplinary actions as well as an assessment of whether these policies are evidence-based and medically accurate.

According to the LGBT military group SPART*A, service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.

Thompson said the provision is welcome because it will examine whether the military’s current HIV policy is appropriate or outdated.

“This review is welcome and overdue becausemany of our laws, policies, and regulations regarding HIV were written at a time when we knew far less about the routes and risks of HIV transmission, and prior to the development of effective HIV treatment,” Thompson said.

Another important non-LGBT provision in the defense authorization bill replaces foreign transfer restrictions in  current law to enable President Obama to close the detention facility in Guantanamo Bay. The bill also seeks to aid victims of sexual assault in the military by criminalizing retaliation against victims who report it,  preventing military commanders from overturning jury convictions and protecting victims of sexual assault from abusive treatment during pre-trial proceedings.

The LGBT group Freedom to Work had said insertion of the Employment Non-Discrimination Act into the defense authorization bill could be a viable way to pass the measure. However, prior to ENDA’s passage in the Senate, Senate Majority Leader Harry Reid (D-Nev.) told the Washington Blade such inclusion wasn’t a viable option because he didn’t know if the larger defense bill would pass.

On Thursday, White House Press Secretary Jay Carney issued a statement saying the administration has concerns with certain aspects of the legislation, but supports it overall.

“Although the bill includes a number of provisions that restrict or limit the Defense Department’s ability to align military capabilities and force structure with the President’s strategy and implement certain efficiencies, overall the Administration is pleased with the modifications and improvements contained in the bill that address most of the Administration’s significant objections with earlier versions regarding these issues,” Carney said. “The Administration supports passage of the legislation.”

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Books

New book profiles LGBTQ Ukrainians, documents war experiences

Tuesday marks four years since Russia attacked Ukraine

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Artur Ozerov, a drag queen who performs as AuRa and works for the Kyiv City Military Administration, prepares to perform at a nightclub in Kyiv, Ukraine, on Dec. 10, 2022. Ozeroy is among the LGBTQ Ukrainians profiled in J. Lester Feder's new book, 'The Queer Face of War: Portraits and Stories from Ukraine' (Photo by J. Lester Feder, courtesy of Outright International)

Journalist J. Lester Feder’s new book profiles LGBTQ Ukrainians and their experiences during Russia’s war against their country.

Feder for “The Queer Face of War: Portraits and Stories from Ukraine” interviewed and photographed LGBTQ Ukrainians in Kyiv, the country’s capital, and in other cities. They include Olena Hloba, the co-founder of Tergo, a support group for parents and friends of LGBTQ Ukrainians, who fled her home in the Kyiv suburb of Bucha shortly after Russia launched its war on Feb. 24, 2022.

Russian soldiers killed civilians as they withdrew from Bucha. Videos and photographs that emerged from the Kyiv suburb showed dead bodies with their hands tied behind their back and other signs of torture.

Olena Hloba (Photo by J. Lester Feder, courtesy of Outright International)

Olena Shevchenko, chair of Insight, a Ukrainian LGBTQ rights group, wrote the book’s forward.

Olena Shevchenko, leader of Insight, poses for a portrait, in Kyiv, Ukraine, on Sept. 8, 2025. (Washington Blade photo by Caroline Gutman)

The book also profiles Viktor Pylypenko, a gay man who the Ukrainian military assigned to the 72nd Mechanized Black Cossack Brigade after the war began. Feder writes Pylypenko’s unit “was deployed to some of the fiercest and most important battles of the war.”

“The brigade was pivotal to beating Russian forces back from Kyiv in their initial attempt to take the capital, helping them liberate territory near Kharkiv and defending the front lines in Donbas,” wrote Feder.

Pylypenko spent two years fighting “on Ukraine’s most dangerous battlefields, serving primarily as a medic.”

“At times he felt he was living in a horror movie, watching tank shells tear his fellow soldiers apart before his eyes,” wrote Feder. “He held many men as they took their final breaths. Of the roughly one hundred who entered the unit with him, only six remained when he was discharged in 2024. He didn’t leave by choice: he went home to take care of his father, who had suffered a stroke.”

Feder notes one of Pylypenko’s former commanders attacked him online when he came out. Pylypenko said another commander defended him.

Feder also profiled Diana and Oleksii Polukhin, two residents of Kherson, a port city in southern Ukraine that is near the mouth of the Dnieper River.

Ukrainian forces regained control of Kherson in November 2022, nine months after Russia occupied it.

Diana, a cigarette vender, and Polukhin told Feder that Russian forces demanded they disclose the names of other LGBTQ Ukrainians in Kherson. Russian forces also tortured Diana and Polukhin while in their custody.

Polukhim is the first LGBTQ victim of Russian persecution to report their case to Ukrainian prosecutors.

Oleksii Polukhin (Photo by J. Lester Feder)

Feder, who is of Ukrainian descent, first visited Ukraine in 2013 when he wrote for BuzzFeed.

He was Outright International’s Senior Fellow for Emergency Research from 2021-2023. Feder last traveled to Ukraine in December 2024.

Feder spoke about his book at Politics and Prose at the Wharf in Southwest D.C. on Feb. 6. The Washington Blade spoke with Feder on Feb. 20.

Feder told the Blade he began to work on the book when he was at Outright International and working with humanitarian groups on how to better serve LGBTQ Ukrainians. Feder said military service requirements, a lack of access to hormone therapy and documents that accurately reflect a person’s gender identity and LGBTQ-friendly shelters are among the myriad challenges that LGBTQ Ukrainians have faced since the war began.

“All of these were components of a queer experience of war that was not well documented, and we had never seen in one place, especially with photos,” he told the Blade. “I felt really called to do that, not only because of what was happening in Ukraine, but also as a way to bring to the surface issues that we’d had seen in Iraq and Syria and Afghanistan.”

J. Lester Feder (Photo by J. Lester Feder)

Feder also spoke with the Blade about the war’s geopolitical implications.

Russian President Vladimir Putin in 2013 signed a law that bans the “promotion of homosexuality” to minors.

The 2014 Winter Olympics took place in Sochi, a Russian resort city on the Black Sea. Russia annexed Crimea from Ukraine a few weeks after the games ended.

Russia’s anti-LGBTQ crackdown has continued over the last decade.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it. The Russian Justice Ministry last month designated ILGA World, a global LGBTQ and intersex rights group, as an “undesirable” organization.

Ukraine, meanwhile, has sought to align itself with Europe.

Ukrainian President Volodymyr Zelenskyy after a 2021 meeting with then-President Joe Biden at the White House said his country would continue to fight discrimination based on sexual orientation and gender identity. (Zelenskyy’s relationship with the U.S. has grown more tense since the Trump-Vance administration took office.) Zelenskyy in 2022 publicly backed civil partnerships for same-sex couples.

Then-Ukrainian Ambassador to the U.S. Oksana Markarova in 2023 applauded Kyiv Pride and other LGBTQ and intersex rights groups in her country when she spoke at a photo exhibit at Ukraine House in D.C. that highlighted LGBTQ and intersex soldiers. Then-Kyiv Pride Executive Director Lenny Emson, who Feder profiles in his book, was among those who attended the event.  

“Thank you for everything you do in Kyiv, and thank you for everything that you do in order to fight the discrimination that still is somewhere in Ukraine,” said Markarova. “Not everything is perfect yet, but you know, I think we are moving in the right direction. And we together will not only fight the external enemy, but also will see equality.”

Feder in response to the Blade’s question about why he decided to write his book said he “didn’t feel” the “significance of Russia’s war against Ukraine” for LGBTQ people around the world “was fully understood.”

“This was an opportunity to tell that big story,” he said.

“The crackdown on LGBT rights inside Russia was essentially a laboratory for a strategy of attacking democratic values by attacking queer rights and it was one as Ukraine was getting closet to Europe back in 2013, 2014,” he added. “It was a strategy they were using as part of their foreign policy, and it was one they were using not only in Ukraine over the past decade, but around the world.”

Feder said Republicans are using “that same strategy to attack queer people, to attack democracy itself.”

“I felt like it was important that Americans understand that history,” he said.

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Netherlands

Rob Jetten becomes first gay Dutch prime minister

38-year-old head of government sworn in on Monday

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Rob Jetten (Photo via @RobJetten/X)

Rob Jetten on Monday became the Netherland’s first openly gay prime minister.

Jetten’s centrist D66 party won the country’s elections last October, narrowly defeating Geert Wilders’ far-right Party for Freedom.

King Willem-Alexander on Monday swore in Jetten, who is also the country’s youngest-ever prime minister. The Associated Press notes Jetten’s coalition government includes the center-right Christian Democrats and the center-right People’s Party for Freedom and Democracy.

“Proud to be able to do this together,” said Jetten in an X post before Willem-Alexander swore him in.

COC Nederland, a Dutch LGBTQ advocacy group, in a statement said Jetten “becoming prime minister shows that your sexual orientation doesn’t have to matter.”

“You can become a construction worker, a doctor, a lawyer, and even prime minister,” said COC Nederland.

The advocacy group noted Jetten has said his government will implement its “Rainbow Agreement” that include calls for strengthening nondiscrimination laws “to better protect transgender and intersex people,” appointing more “discrimination investigators … to address violence against LGBTQ+ people and other minorities,” and introducing measures “to promote acceptance in schools.”

“COC will hold the Cabinet to that promise,” said COC Nederland.

Jetten’s fiancé is Nicolás Keenen, an Argentine field hockey player who competed in the 2024 Summer Olympics in Paris.

Jetten is one of two openly gay heads of government: Andorran Prime Minister Xavier Espot Zamora came out in 2023. Gay Latvian President Edgars Rinkēvičs, who is the country’s head of state, took office in 2023.

Leo Varadkar, who was Ireland’s prime minister from 2017-2020 and from 2022-2024, and Xavier Bettel, who was Luxembourg’s prime minister from 2013-2023, are gay. Ana Brnabić, who was Serbia’s prime minister from 2017-2024, is a lesbian.

Former Icelandic Prime Minister Jóhanna Sigurðardóttir in 2009 became the world’s first openly lesbian head of government. Former Belgian Prime Minister Elio Di Rupo, former San Marino Captain Regent Paolo Rondelli, and former French Prime Minister Gabriel Attal are also openly gay.

Colombian presidential candidate Claudia López, who is the former mayor of Bogotá, the Colombian capital, would become her country’s first female and first lesbian president if she wins the country’s presidential election that is taking place later this year.

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District of Columbia

D.C. police arrest man for burglary at gay bar Spark Social House  

Suspect ID’d from images captured by Spark Social House security cameras

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Spark Social House (Washington Blade photo by Michael Key)

D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.

“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.

The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.

“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.

Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.

According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m. 

Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.

When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.

A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.

D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained. 

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