National
White House denounces ‘Don’t Ask’ provision in defense bill
Administration stops short of veto threat over legislation
An official White House Statement of Administration Policy on major Pentagon budget legislation before the U.S. House reiterates concerns the administration has over a provision that could derail “Don’t Ask, Don’t Tell” repeal — without explicitly making a veto threat over this issue.
The statement, made public on Tuesday, provides an overview the administration’s position and concerns about the fiscal year 2012 defense authorization bill, which is likely to come to a floor vote this week. The White House expresses reservations about anti-gay provisions that the House Armed Services Committee inserted upon its consideration of the legislation.
The most high-profile anti-gay provision — offered as an amendment by Rep. Duncan Hunter (R-Calif.) — is language that would expand the certification requirement needed for repeal to the four military service chiefs. The White House had previously objected to language expanding the certification in a statement to media outlets.
Such a provision would complicate the repeal process established by the law signed in December, which would implement open service after 60 days pass following certification from the president, the defense secretary and the chair of the Joint Chiefs of Staff.
But the White House for the first time in the Statement of Administration Policy voices opposition to other anti-gay language in the defense bill.
One provision — offered as an amendment by Rep. W. Todd Akin (R-Mo) — prohibits military facilities for being used for same-sex marriage ceremonies, even in states where same-sex marriage is legal, and prevents military chaplains from presiding over same-sex marriages in their official capacities. Yet another provision, offered as an amendment by Rep. Vicky Hartzler (R-Mo.), reaffirms that the Defense Department and its regulations are subject to the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage.
The Statement of Administration Policy expresses concerns over the provisions related to both “Don’t Ask, Don’t Tell” and marriage in the defense bill.
Attempts to Prevent, Delay, or Undermine the Repeal of “Don’t Ask, Don’t Tell”: On December 22, 2010, President Obama signed into law the Don’t Ask, Don’t Tell Repeal Act of 2010, in order to strengthen our national security, enhance military readiness, and uphold the fundamental American principles of fairness and equality that warfighters defend around the world. As required by that statute, DoD is diligently working to prepare the necessary policies and regulations and conducting educational briefings to implement the repeal. Should it be determined, as required by the statute, that the implementation is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention, then the President, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff will send forward the required certification. The Administration strongly objects to any legislative attempts (such as section 533) to directly or indirectly undermine, prevent, or delay the implementation of the repeal, as such efforts create uncertainty for servicemembers and their families.
Military Regulations Regarding Marriage: The Administration strongly objects to sections 534 and 535, believes that section 3 of the so-called Defense of Marriage Act (DOMA) is discriminatory, and supports DOMA’s repeal.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, commended the White House for speaking out against these anti-gay provisions while voicing particular concern over the Akin amendment, which SLDN contends would go beyond the existing reach under DOMA to impose new restrictions on same-sex couples.
“We are heartened to see the White House standing firm against attempts to use the defense spending bill as a vehicle for delaying or derailing repeal and expanding DOMA,” Sarvis said. “The most troubling is the Akin language which infringes upon the religious liberties of chaplains, service members, and Department of Defense civilian employees. This would set a dangerous precedent.”
Although the administration objects to the anti-gay provisions in the defense authorization bill, the Statement of Administration Policy stops short of threatening to veto the bill over this language.
On other matters, such as the inclusion of funds for an alternate engine program for the next-generation F-35 Joint Strike Fighter aircraft, the statement says the president’s senior advisers would recommend a veto if a bill came to the president’s desk with such language. Additionally, the statement says on the whole the administration “supports House passage” of the defense authorization bill.
In response to the lack of a veto threat over the anti-gay language, Sarvis told the Washington Blade he’s “hopeful” that any differences between the House and Senate bills “can be resolved in conference and avoid the necessity for a veto.”
“At SLDN, we are focused on the Senate, where we should be better positioned to fight back these attacks,” Sarvis said.
Even without the veto threat, the chances of the a defense bill making its way to the president’s desk with anti-gay language are small. The Democratic-controlled Senate would have to agree to the provisions in conference committee, which is unlikely. Further, Pentagon officials have said “Don’t Ask, Don’t Tell” repeal certification could happen mid-summer, rending the certification expansion provision in the House defense bill moot.
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
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.
The White House
Judy Shepard to receive Presidential Medal of Freedom
Nancy Pelosi is also among this year’s honorees
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).
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
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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