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Will defense bill bar chaplains from marrying gay couples?

House, Senate legislation have provisions related to Pentagon guidance

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House and Senate lawmakers are set to hammer out a final version of major annual defense policy legislation to send to President Obama ā€” and the ability of military chaplains to officiate over same-sex weddings will be part of the discussion.

Late Thursday, the Senate approved by a 93-7 vote its version of the fiscal year 2012 defense authorization bill, which authorizes $662 billion in spending for military programs and troop compensation. The House passed its version of the bill in May, which authorizes $690 billion in defense funds.

The bills diverge in numerous ways and the conference committee will have to resolve the differences. But one issue in particular that is stirring up social conservatives and LGBT advocates is the involvement of military chaplains and facilities in same-sex weddings.

On Wednesday, the Senate approved by voice vote as part of its version of the bill an amendment by Sen. Roger Wicker (R-Miss.) allowing military chaplains to opt out of performing same-sex marriage ceremonies.

“A military chaplain, who, as a matter of conscience or moral principle, does not wish to perform a marriage may not be required to do so,” the amendment states.

The amendment is apparently in response to guidance the Pentagon issued on Sept. 30 permitting chaplains to officiate over same-sex weddings if they so choose. On the same day, the Defense Department issued guidance saying military bases could be used for same-sex weddings, although the Wicker amendment makes no mention of the use of military facilities.

Wicker’s measure is likely an attempt to appease social conservatives, who have been riled up over the guidance since it was made public.Ā Just Wednesday, the Republican-controlled House Armed Services Personnel Subcommittee held a closed briefing with Pentagon general counsel Jeh Johnson and Navy counsel Paul Oostburg Sanz on the legal rationale that led to the Pentagon guidance.

But the Wicker amendment won’t produce any change because it reiterates the administration’s policy of giving chaplains the option of whether or not to take part in same-sex weddings.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the passage of the amendment into law wouldn’t change anything.

“This amendment does nothing new as it relates to the rights of chaplains,” Sarvis said. “Indeed, the new Senate language is a restatement of the protections and guarantees that have always been there.”

In a statement, Wicker said the amendment would be a way to “protect” chaplains from being involved in same-sex weddings.

ā€œThis amendment will allow the chaplains of our armed forces to maintain the freedom of conscience necessary to serve both their nation and their religion without conflict,ā€Ā WickerĀ said.Ā  ā€œProtections for military chaplains should be guaranteed in any policy changes being implemented.ā€

But the amendment stands in contrast to a measure in the bill passed by the House, which would have an impact on a chaplain’s ability to conduct weddings.

Language that was inserted by House Armed Services Committee Chair W. Todd Akin (R-Mo.) during committee markupĀ outright prohibits military chaplains or civilian Pentagon employees from assisting with or officiating at a marriage ceremony. Ā The same provision alsoĀ prohibits the use of military bases for these purposes.

Conferees will have to decide whether to address the issue by agreeing on either the House or Senate language, or by including no language at all related to military chaplains and facilities in the final bill.

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, said his organization wants conferees to omit any language related to military chaplains.

ā€œWe want to see the [defense authorization bill] signed into law without any language that would harm LGBT service members or restrict the religious liberties of chaplains,” Cole-Schwartz said. “Weā€™ll be working with our allies on the conference committee toward that outcome.ā€

But social conservatives seem bent on pushing for the more restrictive provision in the House version of the legislation.

Steve Taylor, an Akin spokesperson, said his boss will push for his language in the report that will be produced by conferees.

“The two amendments are similar but not equivalent so it is fair to say the congressman still wants to see his amendment prevail,” Akin said.

House Armed Services Committee Chair Buck McKeon (R-Calif.) has previously said he’dĀ rather see no defense authorization bill pass than one that didn’t include language prohibiting military chaplains from participating in same-sex weddings.

Asked whether the Senate language would be sufficient, McKeon spokesperson Claude Chafin said he’s “bound by a policy not to discuss conference items ahead of the conference.”

The timing isn’t yet known for when the conferees will complete their work on the defense authorization bill, but the issue related to same-sex weddings is just one issue among others that conferees will have to resolve. And it’s possible Congress could send a defense authorization bill to the president that he’ll ultimately veto.

The White House issued a veto threat over the Senate version of the bill over the inclusion of an amendment that wouldĀ require military custody of terrorist suspects and allow indefinite detention of some without trial.

In the House bill, the Obama administration objects to provisions that would require military trials for suspected terrorists, limit the presidentā€™s authority to transfer terrorist suspects from the naval facility at Guantanamo Bay, Cuba, to U.S. installations, and make it difficult for the administration to move detainees to foreign countries.

And military chaplains conducting same-sex weddings isn’t the only LGBT-related issue. The Senate bill contains language that would repealĀ Article 125 of the Uniform Code of Military Justice, the long-standing military law classifying consensual sodomy for both gay and straight service members as a crime.

The Pentagon called for repeal of the sodomy ban in the report issued last year on “Don’t Ask, Don’t Tell.” The Senate bill has the repeal language, but it’s not found in the House legislation, so conferees will have to hammer out the difference.

The House bill also contains language reaffirming that the Defense Department abides by DOMA in regulations and policies. However, the provision, inserted by Rep. Vicky Hartzler (R-Mo.), wouldn’t affect anything because the Pentagon as an arm of the federal government already has to comply with DOMA.

Additionally, the House bill has language that would expand the requirement for “Don’t Ask, Don’t Tell” repeal certification beyond the president, the defense secretary and the chair of the Joint Chiefs of Staff to include input from the four military service chiefs. But the issue is moot because “Don’t Ask, Don’t Tell” repeal certification has already happened and the military’s gay ban was lifted on Sept. 20.

 

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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 BureauĀ 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 ā€” 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.

TheĀ current Federal Register noticeĀ 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 30Ā 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, ā€œThis 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.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™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 theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™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. Ā 

“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 ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ 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 ā€” 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:

ā€œIt 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.ā€

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