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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Expanded conscience protections; sodomy ban repealed in military code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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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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District of Columbia

Community mourns passing of D.C. trans rights advocate SaVanna Wanzer

Acclaimed activist credited with founding D.C. Trans Pride

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SaVanna Wanzer (Washington Blade file photo by Michael Key)

Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away. 

A family member told the Blade that Wanzer died on Friday, April 24 of natural causes. She was 63.

Among other things, the advocacy groups noted that Wanzer is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.

 “As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.

“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.

In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations. 

“SaVanna Wanzer was a D.C. legend,” Tori Cooper, HRC’s Director of Strategic Outreach and Training, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.

“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Cooper said in the HRC statement.

In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors 

“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds

In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.

Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected  Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.

The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.  

“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”

The family member said funeral arrangements are expected to be announced early next week. This story will be updated.

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Virginia

Prominent activists join ‘Living History’ panel at Freddie’s Beach Bar

Event organized by owner of new Friends of Dorothy Café in Alexandria

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Panelists speak at the 'Living History' discussion at Freddie’s Beach Bar on Thursday. (Photo by Kate Pannozzo)

Six prominent LGBTQ community leaders and elders, including a beloved drag performer, talked about their role in advancing the rights of LGBTQ people and their thoughts on how the upcoming generation of LGBTQ youth should get ready to join the movement participated in an April 23 “Living History” panel discussion at Freddie’s Beach Bar.

The event was organized by Dorothy Edwards, who plans to open Friends of Dorothy Café in Alexandria. She said the café will be an LGBTQ community “intergenerational space” that will host events like the one she organized at Freddie’s Beach Bar.

“It will be a space for connection, storytelling, and belonging, especially for LGBTQ+ youth and community members who don’t always have places like that,” she said in a statement announcing the event at Freddie’s.

The six panelists at the Freddie’s event included Kierra Johnson, president of the D.C.-based National LGBTQ Task Force; Freddie Lutz, owner of Freddie’s Beach Bar located in the Crystal City section of Arlington, Va.; Donnell Robinson, who for many years performed in drag as the icon Ella Fitzgerald; Taylor Chandler Walker, a local transgender rights advocate, author and public speaker; Heidi Ellis, coordinator of the D.C. LGBTQ Budget Coalition; and Leti Gomez, an LGBTQ Latino community advocate and chair of the board of the American LGBTQ+ Museum.

Dr. Ashley Elliott, an LGBTQ community advocate and clinician who also goes by the name Dr. Vivid, served as moderator of the panel discussion, asking each of the panelists a serious of questions before opening the event to questions from the audience.

Among the issues discussed by the panelists was who was “centered” and who was excluded in the earlier years of LGBTQ organizing. Elliot also asked the panelists to address topics such as racism within queer spaces, gender dynamics, and strategies for coalition building between the LGBTQ community and other movements, including civil rights, feminism, and immigrant rights.

Each of the panelists expressed various thoughts on how the LGBTQ rights movement can make changes in response to the questions: “What can we do better?” and “Who is being left out?”

“I’m overwhelmed and so thankful that everyone on this panel said yes and agreed to come,” Edwards told the Washington Blade at the conclusion of the event. “I think every one of those people, including the moderator, was so brilliant and has done such good work for this community,” she said.

Edwards noted that each of the panelists, who have been involved in LGBTQ advocacy work for many years, talked about how they interact with younger LGBTQ people who are just beginning to become involved in activism.

“Truly, it’s an intergenerational conversation, and their wisdom and their words and their experiences can be disseminated to younger generations and people who want to do this work, people who want to fight for our community,” Edwards said.

“I was pleasantly surprised,” Lutz said. “I thought it was a good turnout, and everybody was very enthusiastic and engaged,” he said. “And I think it was great and fabulous.”     

Lutz has operated Freddie’s Beach Bar for more than 25 years and has hosted numerous LGBTQ events. A sign above the front entrance door to the popular LGBTQ bar and restaurant says, “Straight Friendly Gay Bar.”

Edwards said the April 23 event was recorded and she will make arrangements for the recording to be released for others to view it. The Blade will post the link in this story when it becomes available.   

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