News
Defense bill contains gay-related provisions
Expanded conscience protections; sodomy ban repealed in military code
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.”
Delaware
Michael Smith could make history as Delaware’s first LGBTQ treasurer
Promises to defend state from Trump administration
With experience as an economist, legislative staffer, and nonprofit director, Michael Smith is looking to protect Delaware from the Trump administration and become Delaware’s first openly LGBTQ treasurer.
With a master’s degree in economics from the University of Alabama, Smith has worked as an economist at the Progressive Policy Institute, Secretariat Economist, and Cornerstone Research.
“I think my work in economic and financial analysis has given me a lot of experience and know-how about what the treasurer role can and should be,” said Smith.
Smith also worked in the Delaware House Democratic Caucus in Dover, working with state representatives to improve the quality of life of Delawareans.
“I got to see where the rubber meets the road and how we can have policies that positively affect everyday working Delawareans.” said Smith.
In 2024, Smith narrowly lost a race to represent District 21 by 30 votes. He said that this loss gave him the itch to make a positive impact on the community.
Smith also founded and directed Powering Our Future, a nonprofit that promoted clean energy infrastructure throughout New Castle County.
“We helped people across Delaware reduce their energy bills and specifically try to encourage energy efficiency and electrification,” said Smith.
According to Smith, affordability is the biggest issue to voters, especially with the rising cost of utility bills.
“Everyone is worried about the affordability crisis. The cost of living is just incredibly high.”
“I’ve been knocking on doors for months now, and every time I hear people say: ‘My utility bill has gone up 75 percent. My property taxes are going through the roof. I can’t afford health care. I can’t afford to save for my children’s college or my own retirement.’”
“The treasurer cannot solve all those problems. But what we can do is we can help people save for them and their family’s future,” said Smith.
Smith talked about his goal to increase awareness around Delaware EARNS, a state sponsored Roth IRA geared toward people who don’t have access to a traditional employer-sponsored retirement plan.
“There’s roughly 150,000 Delawareans who could take advantage of it,” said Smith. “These are people who are the backbone of Delaware’s economy, whether they are working for small businesses, certain nonprofits, or working the gig economy,” said Smith.
Smith said that many people working for companies such as Doordash and Lyft are not saving for the future but that they could be doing so in a tax-advantaged way through Delaware EARNS.
“I think there’s some work that needs to be done to make a clear on-ramp for the self-employed and for those gig workers to get enrolled,” said Smith.
“Right now, we just passed our 10,000th account, which is fantastic, but there’s a lot of room left to grow.”
Smith also spoke of his plans to build on the Aspire 529 College Savings Plan, a project that helps traditionally underserved students finance their college education in ways that traditional 529 plans don’t.
Smith said that Delaware needs a treasurer who will work to protect the first state from the Trump administration, and he says is ready to step up to the plate.
“I think we need someone who’s willing to speak out and try to work with state treasurers, comptrollers, and other elected officials across the country to push back over the next two years.”
“We have a president in Washington, D.C., who is working with his Republican cronies in Congress to attack blue states like ours and threaten our federal funding.”
“I think that the best form of resistance is resilience,” said Smith.
Smith identifies as pansexual, having come out 10 years ago in college. He said that he is proud of the representation Delaware already has, from Rep. Sarah McBride to Travis McDermott, the mayor of Newark.
“I would love to partner with our attorney general, our governor, and our General Assembly to defend our LGBTQ+ citizens and residents as much as possible,” said Smith.
“I’d be honored to be Delaware’s first openly LGBTQ+ treasurer,” said Smith.
Mike Ramone, the Republican nominee for treasurer, has described Delaware as being in a ‘financial crisis.’The Blade asked Smith to respond to Ramone’s statement.
“I would disagree with Mike Ramone. I think Delaware is in a very strong financial shape, with the caveat of our state employee health benefits, which needs to be more well funded.”
Michael Smith will face Ted Lauzen and Mike Miller on the ballot for the Sept. 15 primary.
Poland
Poland begins to legally recognize same-sex marriages from other countries
‘This is an important milestone, but it should not be the final destination’
Poland has begun to recognize same-sex marriages legally performed outside the country.
TVP World, the country’s public broadcaster, reported civil registry offices began to “transcribe same-sex marriages legally” conducted outside of Poland on Aug. 22.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.
Poland’s Constitutional Tribunal a few days later rejected the recognition of same-sex marriages legally performed in other EU countries. The Love Does Not Exclude Association, a Polish marriage equality advocacy group, in an Aug. 26 press release notes the ruling “does not prevent implementation of these new regulations” because the Constitutional Tribunal is “largely discredited” and the government considers it “to be improperly constituted.”
“This is an important milestone, but it should not be the final destination,” said Maja Heban of the Love Does Not Exclude Association. “No couple should have to cross a border to marry. Our goal is allowing loving, committed couples to marry in Poland in the first place. The law now increasingly recognizes these marriages once couples return to Poland in areas such as healthcare and social security, but significant gaps remain, mainly lack of recognition of same-sex parents which directly impacts security of their children.”
Germany, Belgium, France, Ireland, Spain, and Portugal are among the EU countries in which same-sex couples can legally marry. Andorra, whose prime minister, Xaviet Espot Zamora, is openly gay, and Switzerland are among the other European nations that have extended marriage rights to same-sex couples.
The Netherlands in 2001 became the first country in the world to extend marriage rights to same-sex couples. Activists who participated in this year’s World Pride that took place in Amsterdam earlier this summer marked this milestone.
National
Milo Yiannopoulos deported to UK
ICE arrested far-right provocateur in New Orleans on Thursday
Editor’s note: The Department of Homeland Security on Saturday said Milo Yiannopoulos has been deported to the U.K.
U.S. Immigration and Customs Enforcement on Thursday arrested far-right provocateur Milo Yiannopoulos.
A DHS spokesperson in a statement sent to the Washington Blade said ICE arrested Yiannopoulos, who they described as “an illegal alien from the United Kingdom,” at Louis Armstrong New Orleans International Airport.
The DHS spokesperson said Yiannopoulos “legally entered the country” in New York on May 14, 2019.
“He chose to overstay his welcome in violation of our nation’s laws,” said the spokesperson.
The DHS spokesperson said an immigration judge on July 22 “issued a final order of removal” for Yiannopoulos “after failing to show up for his immigration hearing.” The Times-Picayune newspaper in New Orleans on Friday reported Yiannopoulos is being held at an ICE detention center in Alexandria, La., which is about 200 miles northwest of the Crescent City.
“He will remain in ICE custody pending removal,” said the DHS spokesperson.
Yiannopoulos has, among other things, repeatedly targeted transgender people and Muslims.
The American Conservative Union, which organizes the annual Conversative Political Action Conference, in 2017 disinvited Yiannopoulos from speaking at that year’s CPAC after a video in which he appeared to condone sex between adults and underage boys emerged. Yiannopoulos subsequently resigned from Breitbart News, a far-right news website, where he had been a senior editor.
Yiannopoulos later that year married his boyfriend in Hawaii. The far-right provocateur in 2021 claimed he was an “ex-gay.”
The Australian government in 2019 banned Yiannopoulos from entering the country “on character grounds.” Yiannopoulos was also banned from Facebook, Twitter (now X), and other social media platforms.
The Times-Picayune reported Yiannopoulos “most recently worked for” Ye, formerly known as Kanye West.
The controversial rapper is scheduled to perform in New Orleans on Friday.
Laura Loomer, a far-right conspiracy theorist who is close to President Donald Trump, has called for Yiannopoulos’s deportation. Loomer on Friday wrote on X that she “reported him to ICE and the FBI” after he “called for me to be assassinated.”
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