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Mixed views on ‘conscience’ language in defense bill

Some call provision ‘dangerous,’ claim it will lead to discrimination

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Allyson Robinson, gay news, Washington Blade, OutServe, Servicemembers Legal Defense Network
Allyson Robinson, Servicemembers Legal Defense Network, OutServe, gay news, Washington Blade

Allyson Robinson, executive director of OutServe-SLDN (Washington Blade photo by Michael Key)

LGBT rights supporters are expressing disappointment with “conscience” language included in the final version of major Pentagon budget legislation, and although views on its potential impact are mixed, most say the language won’t have a substantive change on current military policy.

A bipartisan group of House and Senate lawmakers made public on Tuesday their agreement for the fiscal year 2013 defense authorization bill, a $633 billion proposal that sets policy for the Pentagon, continues pay for troops and provides funding for military programs.

But these lawmakers also agreed to include a watered-down provision along the lines of an anti-gay measure included in the House bill by outgoing Rep. W. Todd Akin (R-Mo.). That provision was understood to mean service members would be allowed to harass their gay colleagues and that military chaplains could refuse to minister to them simply by saying to do so goes against their religious beliefs.

The language in the conference report, listed under Section 533, is divided into two parts: the first says service members can’t be punished for their beliefs so long as they don’t violate the Uniform Code of Military Justice, the second says chaplains can’t be punished for refusing to perform a ritual contrary to their religious beliefs.

The section isn’t as overtly anti-gay as the House language — there’s no mention of “human sexuality” or sexual orientation — and says service members can still be punished if they act or speak out on their beliefs.

Lawmakers were expected to take up the legislation by the end of this week. House Armed Services Committee Chair Buck McKeon (R-Calif.) said during the conference that he was hopeful for a vote Thursday.

Ian Thompson, legislative representative for the American Civil Liberties Union, was among those offering the strongest objections to the “conscience” language, saying passage could lead to “claims to discriminate, not only against lesbian, gay, and bisexual service members, but also against women, religious minorities, and in the provision of health care.”

“It could reopen longstanding prohibitions against harassment, could lead to claims of a right to proselytize other service members as well as civilians in occupied areas, and could lead to claims of an opt-out from providing health care or participating in anti-harassment training,” Thompson said.

One conservative group is also claiming victory. Tony Perkins, president of the anti-gay Family Research Council, expressed satisfaction over inclusion of the “conscience” language in a statement.

“We are happy to see that Congress has included language in the Department of Defense reauthorization bill that will protect the conscience rights of chaplains and service members,” Perkins said. “This language provides for the protection of the First Amendment rights of all our men and women in the Armed Forces.”

But the “conscience” provision is one small part of the defense authorization bill aimed at continuing funds for the Pentagon and paychecks for U.S. troops. Moreover, the provision was included in exchange for dropping another provision in the House bill that would have prohibited same-sex marriages on military bases.

Progressives have reason to celebrate because the final report includes a provision in the Senate bill offered by Sen. Jeanne Shaheen (D-N.H.) to expand health coverage to cover female service members seeking abortions in cases of rape and incest. Previously, the Pentagon would only provide an abortion in the event the mother’s life was in danger.

Furthermore, other LGBT advocates didn’t express the same sense that “conscience” language would have significant impact.

These advocates are echoing the sentiment of Rep. Adam Smith, top Democrat on the House Armed Services Committee, who told the Washington Blade during a news conference on Tuesday that while he personally doesn’t support the language, it won’t have a substantive impact on the military because it’s consistent with current policy.

“I think that’s current law,” Smith said. “You can’t punish someone based solely on their beliefs. It has to be actions. That’s current law. I didn’t think that this language needed to be in it. If you ask me, what the one thing I would take out of this bill, if I could, that would be the one thing I would take out of this bill. Now, it’s significantly neutered, if you will, to the point where I don’t think it’s going to be a problem, and I’m going to support the bill, but that is a provision that I did not support.”

Among the groups saying the provisions would have no effect are the Human Rights Campaign, OutServe-SLDN and the Center for American Progress.

Michael Cole-Schwartz, a Human Rights Campaign spokesperson, called the provision “unnecessary” in the wake of repeal of “Don’t Ask, Don’t Tell,” but also “meaningless.”

“While it’s bad, it’s also meaningless in a lot of ways,” Cole-Schwartz said. “We were successful in making sure an extension of DOMA wasn’t included and it’s not clear that this language, while unfortunate, will have meaningful consequence for service members.”

Allyson Robinson, executive director of OutServe-SLDN, called the inclusion of the language “disheartening” — especially because it comes on the second anniversary of “Don’t Ask, Don’t Tell” repeal — but says it won’t create any new policy for the Pentagon.

“Indeed, no service member or chaplain is ever punished for his or her religious beliefs unless he or she acts on those beliefs in a way inconsistent with military law or good order and discipline,” Robinson said.

But Robinson also said the appearance of the language in the defense bill should serve as a cautionary tale.

Adam Smith, Washington State, Congress, Democratic Party, gay news, Washington Blade

Rep. Adam Smith (D-Wash.) (Washington Blade photo by Michael Key)

“The fact that provisions such as these could make their way into this bill is an indication that the gains we have made are fragile and that we must remain ever vigilant even as we look toward the work ahead of us needed to achieve full equality in our military,” Robinson said.

Crosby Burns, research associate on LGBT issues for the Center for American Progress, also shared the sentiment that nothing new would happen if the “conscience” provision became law.

“Based on the conference reports language, I believe that it essentially reiterates existing freedoms and protections that service members and chaplains already have,” Burns said. “Obviously, it sets a dangerous precedent because it’s based off language in the House bill that was intentionally crafted to allow people to discriminate against openly gay service members, so obviously that’s cause for concern, but based off the existing language, we believe it doesn’t actually change anything in terms of the substantive policy.”

The White House is staying mum on the conference report provision. A spokesperson didn’t respond to a request for comment after it was made public.

In May, the White House issued a Statement of Administration Policy saying the Obama administration “strongly objects” to the conscience language as it appeared in the House bill along with the provisions barring same-sex marriage from taking place on military bases.

Denying the passage of the provision would have no impact, ACLU’s Thompson drew on the White House objections to the House language while condemning the provision found in the conference report.

“Earlier this year, the White House conveyed its strong objections to the original House-passed language based on how the provision would affect ‘all personnel-related actions based on certain religious and moral beliefs, which, in its overbroad terms, is potentially harmful to good order and discipline,'” Thompson said. “Those serious concerns have — despite initial reports to the contrary — not been resolved by this conference report language. Rather, they are magnified.”

But the White House Statement of Administration Policy doesn’t go as far as a veto threat over the conscience provision if the final version of the bill includes this provision.

Asked whether a veto is necessary, Thompson said the ACLU has already called on Obama to veto the defense authorization bill over an unrelated provision related to detainees at Guantanamo Bay, but hasn’t yet determined whether to include the “conscience” provision as another reason to veto the bill.

“The ACLU, as part of a broad coalition of human rights organizations, is already recommending a veto of the legislation based on its Guantanamo detainee transfer prohibitions,” Thompson said. “We are exploring whether to add this provision as another reason we would recommend a White House veto.”

The complete language of Section 533 of the bill follows:

SEC. 533. PROTECTION OF RIGHTS OF CONSCIENCE OF MEMBERS OF THE ARMED FORCES AND CHAPLAINS OF SUCH MEMBERS.
(a) PROTECTION OF RIGHTS OF CONSCIENCE. —
(1) ACCOMMODATION. — The Armed Forces shall accommodate the beliefs of a member of the armed forces reflecting the conscience, moral principles, or religious beliefs of the member and, in so far as practicable, may not use such beliefs as the basis of any adverse personnel action, discrimination, or denial of promotion, schooling, training, or assignment.
(2) DISCIPLINARY OR ADMINISTRATIVE ACTION. — Nothing in paragraph (1) precludes disciplinary or administrative action for conduct that is proscribed by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), including actions and speech that threaten good order and discipline.
(b) PROTECTION OF CHAPLAIN DECISIONS RELATING TO CONSCIENCE, MORAL PRINCIPLES, OR RELIGIOUS BELIEFS. — No member of the Armed Forces may— (1) require a chaplain to perform any rite, ritual, or ceremony that is contrary to the conscience, moral principles, or religious beliefs of the chaplain; or (2) discriminate or take any adverse personnel action against a chaplain, including denial of promotion, schooling, training, or assignment, on the basis of the refusal by the chaplain to comply with a requirement prohibited by paragraph (1).
(c) REGULATIONS.—The Secretary of Defense shall issue regulations implementing the protections afforded by this section.

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National

LGBTQ Catholic groups slam Trump over pope criticism

‘Moral truth and compassion always overcome ignorant hate’

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Pope Leo XIV (Photo via Vatican News/X)

LGBTQ Catholic groups have sharply criticized President Donald Trump over his criticisms of Pope Leo XIV.

Leo on April 13 told reporters while traveling to Algeria that he had “no fear of the Trump administration” after the president described him as “weak on crime” and “terrible for foreign policy” in response to his opposition to the Iran war. (Trump on the same day posted to Truth Social an image that appeared to show him as Jesus Christ. He removed it on April 13 amid backlash from religious leaders.)

Vice President JD Vance, who is Catholic, during a Fox News Channel interview on the same day said “in some cases, it would be best for the Vatican to stick to matters of morality, to stick to matters of what’s going on with the Catholic church, and let the president of the United States stick to dictating American public policy.” Vance on April 14 once again discussed Leo during an appearance at a Turning Point USA event in Athens, Ga., saying he should “be careful when he talks about matters of theology.”

Italian Prime Minister Giorgia Meloni; former U.S. Ambassador to the Vatican Miguel Díaz; and Oklahoma City Archbishop Paul Coakley, president of the U.S. Conference of Catholic Bishops, are among those who have criticized Trump over his comments. The president, for his part, has said he will not apologize to Leo.

“The world is being ravaged by a handful of tyrants,” said Leo on Thursday at a cathedral in Bamenda, Cameroon.

Francis DeBernardo is the executive director of New Ways Ministry, a Maryland-based LGBTQ Catholic organization. He told the Washington Blade on Thursday that Trump’s comments about Leo “are one more example of the ridiculous hubris of this leader (Trump) whose entire record shows that he is nothing more than a middle-school bully.”

“LGBTQ+ adults were often bullied as children, and they have learned the lesson that bullies act when they feel frightened or threatened,” said DeBernardo. “But secular power does not threaten the Vicar of Christ, and Pope Leo’s response illustrates this truth perfectly.”

DeBernardo added Trump “is obviously frightened that Pope Leo, an American, has more power and influence than the president on the world stage.” 

“Like most Trumpian bullying, this strategy will backfire,” DeBernardo told the Blade. “Moral truth and compassion always overcome ignorant hate. Trump’s actions are not an example of his power, but of his impotence.”

Marianne Duddy-Burke, executive director of DignityUSA, an LGBTQ Catholic organization, echoed DeBernardo.

“He [Trump] has demonstrated throughout both presidencies that he doesn’t understand the basic concepts of any faith system that is founded on the dignity of human beings, the importance of common good,” Duddy-Burke told the Blade on Thursday during a telephone interview. “It’s just appalling.”

Duddy-Burke praised Leo and the American cardinals who have publicly criticized Trump.

“The pope’s popularity — given how much more respect Pope Leo has than the man sitting in the White House — is a blow to his ego,” Duddy-Burke told the Blade. “That seems to be a sore sport for him.”

“It’s such an imperialistic world view,” she added.

Leo ‘is the real peacemaker’

The College of Cardinals last May elected Leo to succeed Pope Francis after his death.

Leo, who was born in Chicago, is the first American pope. He was the bishop of the Diocese of Chiclayo in Peru from 2015-2023.

Francis made him a cardinal in 2023.

Juan Carlos Cruz — a gay Chilean man and clergy sex abuse survivor who Francis appointed to the Pontifical Commission for the Protection of Minors — has traveled to Ukraine several times with Dominican Sister Lucía Caram since Russia launched its war against the country in 2022. Cruz on Thursday responded to Trump’s criticism of Leo in a text message he sent to the Blade from Kyiv, the Ukrainian capital.

“I am in Ukraine under many attacks,” said Cruz. “Trump is an asshole and has zero right to criticize the Pope who is the real peacemaker.”

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Tennessee

Charlie Kirk Act advances in Tenn.

Bill would limit protests, protects speakers opposing ‘transgender’ identities

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Charlie Kirk photographed at the 2024 Republican National Convention. (Washington Blade photo by Michael Key)

The Tennessee legislature has passed Senate Bill 1741 / House Bill 1476, dubbed the “Charlie Kirk Act,” which, if signed by Republican Gov. Bill Lee, would reshape how public colleges and universities regulate speech on campus.

The measure targets all public higher education institutions and requires them to adopt a “free expression” policy modeled on the University of Chicago’s framework. That framework emphasizes that universities should not shield students from controversial or offensive ideas and requires state schools to formally embrace institutional neutrality — meaning they do not publicly take a stance on political or social issues.

Under the legislation, publicly funded schools cannot disinvite or cancel invited speakers based on their viewpoints or in response to protests from students or faculty. Student organizations, however — like Turning Point USA, an American nonprofit that advocates for conservative politics on high school, college, and university campuses, founded by Charlie Kirk, and often lack widely represented liberal counterparts — would retain broad authority to bring speakers to campus regardless of controversy.

The law includes broad protections for individuals and organizations expressing religious or ideological beliefs, including opposition to abortion, homosexuality, or transgender identity, regardless of whether those views are rooted in religious or secular beliefs. It further prohibits public institutions from retaliating against faculty for protected speech or scholarly work.

The bill, which has been hailed by supporters as an effort to “preserve campus free speech,” ironically also limits protest activity. Shouting down speakers, blocking sightlines, staging disruptive walkouts, or physically preventing entry to events are now considered “substantial interference” under the legislation, making those who engage in such actions subject to discipline.

Some of those disciplinary consequences include probation, suspension, and even expulsion for students, while faculty who protest in ways deemed to violate the policy could face unpaid suspensions and termination after repeated violations.

Supporters of the bill argue it strengthens free expression on campus. State Rep. Gino Bulso (R-Brentwood), the bill’s sponsor, said it reinforces a commitment to “civil and robust” debate at public universities.

“The Charlie Kirk Act creates critical safeguards for students and faculty and renews the idea that our higher education institutions should be centers of intellectual debate,” Bulso told Fox 17. “This legislation honors the legacy of Charlie Kirk by promoting thoughtful engagement and defending religious freedom.”

Critics, including Democratic lawmakers, have raised concerns that the legislation effectively elevates certain ideological viewpoints — particularly those tied to religious objections to LGBTQ identities — while exposing students and faculty to punishment for protest or dissent.

“It’s ironic that this body is talking about free speech when we had professors in Tennessee schools expelled and suspended when they did not mourn the death of Charlie Kirk — when they said that his statements were problematic and that the way he died did not redeem the way he lived,” state Rep. Justin Jones (D-Nashville) told WKRN.

Kirk, the right-wing activist and founder of Turning Point USA, for whom the bill is named, was assassinated in September 2025 at a public event at Utah Valley University. His legacy and rhetoric remain deeply polarizing, particularly among LGBTQ advocates, who have cited his history of anti-LGBTQ statements in opposing his campus appearances.

The bill now heads to Lee’s desk for his signature.

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National

Demonstrators disrupt OMB director hearing over PEPFAR

Capitol Police arrested five protesters

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Office of Management and Budget Directer Russell Vought, seated on right, attends a House Budget Committee hearing on April 15, 2026. (Washington Blade photo by Michael Key)

A group of protesters interrupted Office of Management and Budget Director Russell Vought during his testimony before Congress on Wednesday.

Vought was at the Cannon House Office Building to give testimony to the House Budget Committee.

Committee Chair Jodey Arrington (R-Texas) began the hearing by touting what he described as economic accomplishments of the Trump-Vance administration’s economic accomplishments. Ranking Member Brendan Boyle (D-Pa.) disputed those claims in his opening statement.

Boyle went on to admonish Vought for not attending a committee hearing in the previous year.

Vought, the “Project 2025” architect, was invited to speak after Arrington and Boyle made their statements.

OMB Director Russell Vought testifies at the U.S. House Budget Committee on April 15, 2026. (Washington Blade photo by Michael Key)

Shortly after Vought began reading his statement, Housing Works CEO Charles King stood up in the gallery and began shouting, “PEPFAR saves lives: spend the money!”

The U.S. Capitol Police moved quickly to escort King from the room. Other activists began chanting with King as they unfolded signs bearing a picture of Vought’s face and statements such as, “Vought’s cuts kill people with AIDS,” and “Protect PEPFAR from Vought.”

The group of HIV/AIDS activists included independent activists, former U.S. Agency for International Development and PEPFAR staff, members of Health GAP, Housing Works, and the Treatment Action Group. Six activists were escorted from the hearing and the U.S. Capitol Police detained five of them.

Housing Works CEO Charles King is escorted from House Budget Committee budget hearing by the U.S. Capitol Police on April 15, 2026. (Washington Blade photo by Michael Key)

The HIV/AIDS treatment activists protested at the hearing in response to the dismantling of global health programs, including PEPFAR, a federally-funded program credited with saving millions of lives from HIV/AIDS, particularly in sub-Saharan Africa.

“Russell Vought is directly responsible for illegally withholding Congressionally appropriated funds for PEPFAR and related global health initiative,” King said in a statement provided to the Washington Blade. “These funding disruptions have already contributed to preventable deaths and threaten to reverse decades of progress in the fight against HIV worldwide. Enough is enough. Congress must ensure Vought stops this deadly sabotage.”

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