National
Conferees omit anti-gay provisions from defense bill
Repeal of military’s sodomy ban also dropped from legislation

Lawmakers on Capitol Hill unveiled on Monday an agreement on major defense budget legislation that omits anti-gay provisions found in the House version of the legislation — including language that would have prohibited military chaplains and facilities from being involved in same-sex marriage ceremonies.
The conference report on the fiscal year 2012 defense authorization bill hammers out the differences in the House and Senate versions of the legislation while allocating $662 billion in funds for military programs and troop compensation.
Absent from the final bill is language found in the House version that prohibits both military chaplains and bases from being involved in same-sex wedding ceremonies. Rep. W. Todd Akin (R-Mo.) inserted the language during the markup of the bill.
Additionally, conferees dropped language in the House bill that was added by Rep. Vicky Hartzler (R-Mo.) reiterating the Defense Department must comply with the Defense of Marriage Act.
LGBT advocates had railed against the Akin amendment as an extension of DOMA beyond the restrictions that are already imposed by the anti-gay law. Its adoption would have rolled back Pentagon guidance issued on Sept. 30 saying military chaplains could officiate at same-sex weddings if they so chose and military facilities could be involved in such events. The Hartzler amendment was seen as simply redundant to existing restrictions under DOMA.
Instead of these provisions, conferees settled on a provision found in the Senate version of the bill that Sen. Roger Wicker (R-Miss.) added by amendment on the floor. The language allows chaplains who don’t wish to perform same-sex weddings to opt out of doing so.
“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 language reads.
The Senate language was seen as simply reiterating the principles of the Pentagon guidance — but with different wording — because its passage would impose no restrictions on a military chaplain’s ability to marry a same-sex couple.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, commended conferees for omitting the anti-gay language in the House bill in favor of the Senate provision.
“We congratulate the House and Senate conference committee for having struck the correct balance on the chaplains provisions,” Sarvis said. “Clearly, there was no place for the restrictive Akin language as the Defense Department continues to move forward on effective implementation of open service in our military.”
However, the conference report also leaves out language from the Senate bill that would have repealed 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 had asked for repeal of the sodomy ban as part of the Comprehensive Review Working Group report on “Don’t Ask, Don’t Tell” that was issued late last year. The Commission on the 50th Anniversary of the Uniform Code of Military Justice, informally known as the Cox Commission, had also called for an end to the sodomy ban.
LGBT advocates had also been calling for a repeal of the provision. Sarvis expressed disappointment that conferees didn’t include the Senate language in the conference bill.
“Dropping Article 125 has been recommended for more than a decade by SLDN and several groups, including the Cox Commission that includes distinguished legal scholars from the military and academia, as well as the Comprehensive Review Working Group,” Sarvis said. “The Senate was right to take this action, and it is unfortunate that their attempt to end Article 125 did not prevail.”
The final bill also omits language found in the House bill — added by Rep. Duncan Hunter (R-Calif.) — that would have expanded the certification requirement for “Don’t Ask, Don’t Tell” repeal to include the four military service chiefs. Certification happened over the summer, so the language was moot.
But these provisions were small portions of massive defense legislation on which House and Senate lawmakers had to come to an agreement. The major question was whether lawmakers could come to an agreement on the issue of military detainees that would be acceptable to the White House.
The White House had issued a veto threat over the Senate version of the defense bill that would have required military custody of terrorist suspects and allowed indefinite detention of some without trial.
In a statement, Senate Armed Services Committee Chair Carl Levin (D-Mich.) said the bill includes the Senate provision, but also “provides a number of additional assurances that there will be no interference with civilian interrogations or other law enforcement activities.”
A White House spokesperson didn’t respond to a request for comment on whether President Obama would sign the bill with this modified language. It wasn’t clear whether the language would be acceptable.
According to the Associated Press, floor votes in both the House and Senate are expected on Wednesday, after which the bill would head to Obama’s desk.
U.S. Supreme Court
Supreme Court to consider bans on trans athletes in school sports
27 states have passed laws limiting participation in athletics programs

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.
In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.
The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”
In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.
The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.
He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”
Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.
Federal Government
UPenn erases Lia Thomas’s records as part of settlement with White House
University agreed to ban trans women from women’s sports teams

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.
The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”
The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.
“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”
Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”
Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”
“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”
Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.
Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.
The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.
New York
Two teens shot steps from Stonewall Inn after NYC Pride parade
One of the victims remains in critical condition

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.
According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.
The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.
The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.
In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.
The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.
New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.
“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”
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