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House defense committee to vote on anti-gay amendments

Measures would disrupt ‘Don’t Ask’ repeal, prevent same-sex marriages on bases

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Amendments that could disrupt “Don’t Ask, Don’t Tell” repeal and mandate that marriages on military bases comply with the Defense of Marriage Act are set to see votes on Wednesday when a House defense panel takes up major Pentagon budget legislation.

Rep. Duncan Hunter (R-Calif.), a Marine Corps veteran of Iraq and Afghanistan and opponent of gays in the military, plans to introduce an amendment aimed at derailing “Don’t Ask, Don’t Tell” repeal by expanding the certification requirement to include input from the four military service chiefs.

In a statement Monday, Hunter announced he would introduce the amendment to expand the certification requirement during the House Armed Services Committee’s markup of the fiscal year 2012 defense authorization bill. The measure would interfere with the repeal law that President Obama signed in December, which allows for implementation of open service after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.

“The four military service chiefs are far more closely connected to the day-to-day realities facing each respective service branch than those who are currently required to sign off on the repeal — including the president,” said Hunter said. “The president, the secretary of defense and the chairman of the Joint Chiefs should all take part in the certification process, but excluding the service chiefs is a mistake.”

Hunter, who introduced standalone legislation earlier this year mirroring the planned amendment, added the military service chiefs may agree to enact repeal at the same time as the president, the defense secretary and the chair of the Joint Chiefs of Staff or they “may have other recommendations for implementation and timing.”

The Hunter amendment could be one among several amendments that could be introduced by opponents of gays in the military to disrupt the “Don’t Ask, Don’t Tell” repeal process. Informed sources said other measures could be an outright abrogation of the repeal measure that Congress passed and Obama signed last year as opposed to merely implementing a certification expansion.

Involving the military service chiefs in the “Don’t Ask, Don’t Tell” repeal certification process could disrupt or delay open service in the U.S. military because some uniform leaders of the military — notably Marine Corps Commandant Gen. James Amos — expressed opposition to passing repeal legislation last year. Amos has since said the Marine Corps would work to implement open service.

Despite the qualms that were expressed last year, each of the service chiefs testified in April that the process for enacting “Don’t Ask, Don’t Tell” repeal has been proceeding smoothly. Some service chiefs — including Chief of Naval Operations Adm. Gary Roughead — have said they oppose any effort to expand the certification requirement and they believe the defense secretary would adequately represent their views in the certification process.

Fred Sainz, vice president of communications for the Human Rights Campaign, said he thinks the Hunter amendment is an attempt at a “do over strategy” because Republicans didn’t get what they wanted when the last Congress passed legislation allowing for “Don’t Ask, Don’t Tell” repeal.

“It just seems like they didn’t like the outcome, so now they’re trying to get another bite at the apple,” Sainz said.

R. Clarke Cooper, executive director of Log Cabin Republicans, said those who worked for legislative repeal of “Don’t Ask, Don’t Tell” plan to send a letter in opposition to the Hunter measure and similar amendments before the committee markup.

“We’re simply going to members of the House Armed Services Committee saying don’t allow or take into consideration amendments that would be anything seen as repealing repeal,” Cooper said.

Despite efforts from advocates, if the Hunter amendment is supported in committee along party lines, the measure would likely pass because Republicans enjoy a majority on the panel by a margin of 35-27. After the defense authorization bill is reported to the House floor, a similar vote of approval could be expected on the House floor because Republican have control of the chamber. The bill could see a House floor vote as early as the week of May 23.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he fears the committee has sufficient votes to pass Hunter’s amendment.

“The reality is if the majority in the chamber want to move that amendment they can adopt it successfully,” Sarvis said.

But Cooper said he doesn’t think the support is present in committee to approve the Hunter amendment because defense officials have said the current repeal process is working.

“I don’t think the votes are there,” Cooper said. “I think it would be pretty short-sighted for some of those folks to actually take a vote on something that has had such positive reporting from the [Defense] Department.”

Even if House Republicans are successful in approving the expanded certification measure as part of their defense authorization bill, passing such a provision into law would be challenging because the Senate would agree to it during conference negotiations and Obama would have to sign the measure.

Further, defense officials have testified that certification could happen mid-summer, and the final version of the defense authorization will likely not reach the president’s desk until after that time, rendering Hunter’s provision useless.

Sarvis said the Senate schedule won’t allow for floor consideration of the defense authorization bill until July and the conference committee at the earliest would be in late September or October.

“If we have certification this summer, the 60 days may well have run before the September-October conference,” Sarvis said. “And, I think — the authors of some of these ‘delay-derail’ amendments — they know that.”

Sainz also noted that Republicans are going to have a problem in passing the amendment into law because it runs contrary to the previously stated Republican emphasis on economic issues during the 2010 election.

“This is a complete and total diversion from the American people’s priorities on the economy, jobs and dinner table issues,” Sainz said. “The American public does not believe that this issue needs to be considered once again, and we will make sure the people understand that this is a complete and total disconnect from what the priorities should be.”

Akin plans measure to prevent same-sex marriage at bases

Another planned amendment follows controversy in the wake of new Navy policy guidance stating that “Don’t Ask, Don’t Tell” repeal would enable same-sex marriage ceremonies to take place on military facilities and that Navy chaplains can officiate over these ceremonies.

Steve Taylor, a spokesperson for Rep. Todd Akin (R-Mo.), said his boss intends to introduce a measure that would rollback the new guidance issued by the Navy.

“He intends to offer an amendment Wednesday,” Taylor said. “It would say that marriages [are] allowed to be performed on bases when they comply with DOMA.”

According to the Navy memo, which is dated April 13 and signed by Chief of Navy Chaplains Rear Adm. Mark Tidd, the new guidance was issued after the Navy conducted legal review of the issue of same-sex marriages and questions emerged related to same-sex marriage during the initial course of Navy training for “Don’t Ask, Don’t Tell” repeal.

The guidance states that use of base facilities is “sexual orientation neutral” on the issue using base facilities for same-sex marriage.

“If the base is located in a state where same-sex marriage is legal, then base facilities may normally be used to celebrate the marriage,” the memo states.

Additionally, the memo says Navy chaplains are allowed to perform same-sex marriages in their official capacity if they chose to do so.

“Regarding chaplain participation, consistent with the tenets of his or her religious organization, a chaplain may officiate a same-sex, civil marriage: if it is conducted in accordance with the laws of a state which permits same-sex marriages or union; and if the chaplain is, according to applicable state and local laws, otherwise fully certified to officiate that state’s marriage,” the memo states.

The memo states that the guidance with regarding to having same-sex marriages on base is a change to earlier training, which stated that same-sex marriages aren’t permitted on federal property. According to the memo, the guidance for chaplains is not a change, but “a clearer, more concise and up to date articulation” of policy.

Following the emergence of the letter this week, Akin and 62 other Republican U.S. members wrote to Navy Secretary Ray Mabus in a letter dated May 6 stating the policy change doesn’t comply with DOMA.

“We find it difficult to understand how the military is somehow exempt from abiding by federal law,” the letter states. “Not only does this document imply recognition and support of same-sex marriages, but it also implies that the Navy will now perform these marriages so long as they do not violate state statutes.”

The letter adds that DOMA “protects the sanctity of the bond specifically between a man and a woman” and continues that “as defenders of the institution of marriage we agree with the vast majority of the American people that the preservation of marriage is critical to society’s stability and is in the best interest of American families.”

Despite the letter, several recent polls have found that a majority of the American public now supports marriage rights for same-sex couples. A poll last month from CNN found that 51 percent of American believes marriages between gay and lesbian couples “should be recognized by the law as valid” while 47 percent remain opposed.

Sarvis said the memo is being circulating on Capitol Hill by anti-gay activists seeking to invoke the more controversial debate on same-sex marriage in an attempt to disrupt to “Don’t Ask, Don’t Tell” repeal.

“The operative word in that letter is ‘may,'” Sarvis said. “They ‘may’ use the facilities. The chaplain ‘may’ elect to marry two gay service members on post if marriage is permitted by state law in that state.”

Sarvis added no chaplain is required to marry anyone — regardless of whether the marriage is same-sex or opposite-sex — if the chaplain has an objection to the union. Further, Sarvis said that no language in DOMA speaks to facilities on military installations.

However, Sarvis said the committee would pass the amendment if House Armed Services Committee Chair Buck McKeon (R-Calif.) characterizes it as a party-line vote for Republican committee members.

“If the chairman of the committee positions it as a party-line, then the numbers on the committee would indicate that such an amendment would likely pass by party-line, and, who knows, it could pick up a couple Democrats,” Sarvis said.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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