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Defense bill contains gay-related provisions

Expanded conscience protections; sodomy ban repealed in military code

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United States Capitol Building, dome, gay news, Washington Blade
United States Capitol Building, dome, gay news, Washington Blade

The defense authorization passed by Congress includes gay-related provisions. (Washington Blade file photo by Michael Key)

The U.S. Congress passed major defense budget legislation on Thursday that includes provisions related to the LGBT community — both good and bad — in the aftermath of “Don’t Ask, Don’t Tell.”

The fiscal year 2014 defense authorization bill contains an expansion of the conscience protections for service members under current law, but also repeals the sodomy ban under military law and calls for a report on HIV policy within the U.S. military.

The Senate approved late Thursday by a vote of 84-15 a $630 billion version of the bill, which primarily reauthorizes pay for troops and funding for military programs. The House already approved the legislation, so it’s heading to President Obama’s desk.

Sen. Carl Levin (D-Mich.), the retiring chair of the Senate Armed Services Committee, issued a statement upon passage of the legislation praising the bipartisan nature of its approval.

“Tonight we passed legislation that is good for our national security, and for the men and women who protect us and their families,” Levin said. “The Senate vote is a strong bipartisan statement that, despite our differences, we can come together and accomplish important business for the good of the country.”

Under Section 532, the legislation contains an expansion of the conscience provision that was enacted as part of last year’s defense authorization bill. Under this provision, the armed services shall accommodate service members’ expression of their beliefs — unless it would have an adverse impact on military readiness or good order and discipline.

The language was inserted by Sen. Mike Lee (R-Utah) during the Senate Armed Services Committee markup of the fiscal year 2014 defense authorization. It’s along the lines of a conscience amendment submitted by Rep. Mike Fleming (R-La.) during the House Armed Services Committee markup of its version of the bill, but not quite as strong. LGBT advocates decried the House version of the amendment as a means to enable service members to discriminate and harass their gay colleagues.

A related provision, Section 533, instructs the Inspector General of the Department of Defense to submit a report to Congress no longer than 18 months after the bill is signed into law on incidents of adverse personnel actions or discrimination against troops based on their moral beliefs.

Tony Perkins, president of the anti-gay Family Research Council, praised Congress in a statement over inclusion of the provision, which he said is a means for “protecting the right of service members to freely practice and express their faith.”

“Congress acted appropriately after investigating numerous incidents involving service members who have had their careers threatened, and harassed simply for practicing their faith in a real and tangible way,” Perkins said. “The religious liberty violations have grown so frequent in recent years leading many service members to report being too fearful to share their faith.”

After the enactment of the earlier conscience provision under the previous defense authorization bill, Obama said the Pentagon assured him the language wouldn’t change how the armed forces operated. The Defense Department didn’t respond to the Washington Blade’s request for comment on how implementation will work this time around.

Ian Thompson, legislative representative of the American Civil Liberties Union, said the inclusion of the conscience provision in the defense authorization bill was unnecessary.

“The ACLU believes that the Constitution and existing laws and regulations already offer all members of the Armed Forces, including chaplains, strong protections for their religious beliefs,” Thompson said.

Fred Sainz, the Human Rights Campaign’s vice president of communications, expressed a similar sentiment that the provision is unnecessary because service members’ religious views are already protected under current policy.

“Although this amendment is unnecessary, Congress dropped a different version adopted by the House of Representatives that would have been truly harmful, requiring the military to accommodate beliefs, actions, and speech of service members unless the armed forces could prove ‘actual harm’ to good order and discipline,” Sainz said.

But the legislation as a whole also contains positive language sought by LGBT advocates in the aftermath of “Don’t Ask, Don’t Tell” repeal. Among these provisions is Section 1707 — repeal of the ban on sodomy for gay and straight service members under Article 125 of the Uniform Code of Military Justice. The provision was added by Sen. Mark Udall (D-Colo.).

In its place, the legislation inserts into military code a provision making “unnatural carnal copulation” with another person “by force” subject to a court martial. The provision also reasserts the ban on bestiality in military code.

Although the sodomy ban was rarely enforced for service members engaging in consensual sex in private, it has remained on the books and been used to prosecute troops in combination with additional infractions.

ACLU’s Thompson said the repeal of the sodomy ban is an important step forward to guarantee the liberty of service members — gay and straight — in the aftermath of “Don’t Ask, Don’t Tell” repeal.

“This is a welcome and overdue step forward that respects the liberty and privacy of all service members, and is especially significant for gay and lesbian service members whose intimate relationships, including marriages, were labeled a violation of military criminal law,” Thompson said. “Removing this stigmatizing and discriminatory provision from the Uniform Code of Military Justice advances the promise of equal treatment for all military personnel.”

Additionally, under Section 572, the legislation directs the Pentagon to submit a report to Congress no later than 180 days after the bill is signed into law on personnel policies regarding service members with HIV or Hepatitis B.  The bill directs the Pentagon to include a description of the policies as well as related retention, deployment and disciplinary actions as well as an assessment of whether these policies are evidence-based and medically accurate.

According to the LGBT military group SPART*A, service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.

Thompson said the provision is welcome because it will examine whether the military’s current HIV policy is appropriate or outdated.

“This review is welcome and overdue becausemany of our laws, policies, and regulations regarding HIV were written at a time when we knew far less about the routes and risks of HIV transmission, and prior to the development of effective HIV treatment,” Thompson said.

Another important non-LGBT provision in the defense authorization bill replaces foreign transfer restrictions in  current law to enable President Obama to close the detention facility in Guantanamo Bay. The bill also seeks to aid victims of sexual assault in the military by criminalizing retaliation against victims who report it,  preventing military commanders from overturning jury convictions and protecting victims of sexual assault from abusive treatment during pre-trial proceedings.

The LGBT group Freedom to Work had said insertion of the Employment Non-Discrimination Act into the defense authorization bill could be a viable way to pass the measure. However, prior to ENDA’s passage in the Senate, Senate Majority Leader Harry Reid (D-Nev.) told the Washington Blade such inclusion wasn’t a viable option because he didn’t know if the larger defense bill would pass.

On Thursday, White House Press Secretary Jay Carney issued a statement saying the administration has concerns with certain aspects of the legislation, but supports it overall.

“Although the bill includes a number of provisions that restrict or limit the Defense Department’s ability to align military capabilities and force structure with the President’s strategy and implement certain efficiencies, overall the Administration is pleased with the modifications and improvements contained in the bill that address most of the Administration’s significant objections with earlier versions regarding these issues,” Carney said. “The Administration supports passage of the legislation.”

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The White House

From red carpet to chaos: A first-person narrative of the WHCD shooting

The Blade’s WH correspondent Joe Reberkenny recounts his night at the WHCD after a shooter attempted to gain entry.

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The International Ballroom at the Washington Hilton during the WHCD. (Washington Blade photo by Joe Reberkenny)

It started as any White House Correspondents’ Dinner is supposed to go—I assume. I’ve never been to one before this, but based on other events I’ve attended at the Hilton, including an HRC gala, it all seemed fairly normal.

There was a lot of traffic. Police had blocked off streets encompassing a large portion of Adams Morgan—particularly around the hotel. The president was making his first appearance after boycotting the event during his first term, so there was a sense of anticipation. It took me about 45 minutes to go just under a mile from my apartment to about three blocks from the hotel in my Uber. I waited until the last possible second before I felt like I was going to be late—6:30—to get out of the car, because it was raining and I was wearing my green tux.

I walked up to a group of people checking tickets at the base of the hotel. They seemed to just be glancing at the tiny, index-card-sized tickets rather than conducting any kind of full security screening outside. As I walked from that first checkpoint to the drive-around drop-off area, I joined what was essentially one long line for the red carpet. It eventually split into people who wanted photos and those who didn’t—but again, there was no real need to show anything beyond that small ticket upon entering, and even that wasn’t being checked closely.

 A light went off in my head; I felt that, given the speed at which security was checking tickets, they couldn’t fully see the foil logo and tiny table numbers from that distance. I remember thinking that if I had a similarly sized piece of paper, I could have gotten through up to that point.

I also noticed there was no real security checkpoint or metal detectors upon initially entering the hotel grounds—unlike what I had seen at the HRC gala the year before.

I waited about 35 minutes in line in the car drop-off area—without cars, since it had been repurposed to corral press and their guests before entering the building and heading onto the red carpet. I took my photo, then went up the escalator to meet my date, Jacob Bernard from Democracy Forward. They wouldn’t let him onto the red carpet without his ticket, so I gave him his, which I had been holding. He was already inside the venue despite not having his ticket on him and had been at one of the pre-parties. 

That also struck me as odd—that you could access a pre-dinner party without a ticket or going through any visible security.

After I found him, we took a photo together at a step-and-repeat past the main red carpet area around 7:45. Oddly enough, a group of my friends—gays who I regularly see on the dance floors of the gay bars of Washington, who work in various government and media-adjacent fields—found me, and we took pictures together. None were White House correspondents or held a “hard pass” to the White House (security credentials that allow entry into the White House complex).

 Another light went off in my head that indicated party crashers probably shouldn’t be getting inside to an event that is supposed to be one of the most secure rooms in the country.

After the photos, I could see groups of people being moved from pre-party spaces in various meeting rooms on other floors and directed toward the main floor where the red carpet had been.

My guest and I went back up to the main floor and walked through a small security checkpoint that included only a handful of metal detectors. From there, I went down the stairs from the lobby into the International Ballroom, where we took our seats at Table 200. I talked to a few people I knew—very traditional pre-event chit-chat. The vibes felt good. It was my first time attending, and I was genuinely excited.

Around 8:15, the Marine Corps Band played and “Commandant’s Four” color guard presented the flags. We were then told to take our seats. 

They introduced the head table—the president, first lady, vice president, and members of the White House Correspondents’ Association board. Weijia Jiang, senior White House correspondent for CBS News and president of the WHCA, gave a brief speech, essentially saying we would eat first and then move into the main program, which was supposed to feature mentalist Oz Pearlman.

At this point my table, 200 which included members of the Wall Street Journal, the Blade, and a European outlet all started eating. About 15 minutes later, Washington Hilton staff began clearing plates and preparing to bring out the next course.

As they cleared the plates, I heard four loud bangs.

I saw hotel employees immediately start ducking. They seemed to understand the gravity of the situation much faster than most attendees, including myself. At first, it sounded like a tray might have fallen over (but I later found out that wasn’t the case).

After about 30 seconds of watching some people duck, others look around in confusion, and some continue eating and drinking, I got down. I kneeled with my chair in front of me as a kind of barrier. Being at Table 200, I felt somewhat removed from where the actual incident occurred.

Then I saw the president being whisked away quickly by Secret Service, along with the first lady and others at the head table.

My reporter instincts kicked in. I grabbed my phone and started filming. I saw SWAT team members rush into the ballroom and onto the stage, clearing the area. I captured a video of people looking around, confused about what had just happened.

A few minutes later, the room was told by the WHCA president to hold on—that they would provide more information and guidance on what would happen next. There was some indication that they might try to continue the event despite what had occurred.

Everyone started frantically checking X to see if any major outlets were reporting. I was receiving texts from family, friends, and colleagues about the rapidly unfolding situation.

I walked to the bathroom—twice, technically. I couldn’t find it initially because it was hidden behind black curtains. (Later, those curtains were removed, and the men’s room was in clearer view.)

During the first walk to the bathroom, I called my editor to tell him what was happening. He instructed me to start sending copy to another editor, who would get it online. The ballroom had almost no service—it’s in the basement of a 12-story hotel—so it was a challenge. I utilized SMS fallback (since iMessage wasn’t working) to send updates.

I returned to the table, where people were still hovering—calling editors, scrolling, texting, sending photos and copy. I was already drafting my story and sending it in chunks, adding details as I gathered more information.

I walked my guest toward the bathroom again, which was on the opposite side of the ballroom from our table, so I had to cross what felt like a sea of journalists, PR officials, guests, and others on their phones, talking and scrolling. My guest pointed out that the press pool was being held in an alcove away from the ballroom doors and escalator exit—not in the ballroom with everyone else.

“Alive” by the Bee Gees was playing over the speakers in the bathroom, which felt a little too on the nose.

On my way out, I heard someone speaking over a microphone and rushed to the ballroom entrance. WHCA President Weijia Jiang was speaking. She announced that the event was over and the space was being evacuated.

She also said that President Trump would hold a press conference at the White House in about 25 minutes.

That’s when I knew it was a race against the clock.

I called my editor a second time to update him and asked if I should head to the briefing (knowing the answer would be yes). He confirmed.

Then the crowd began to move. People grabbed purses, bottles—some left belongings behind. Even though it was technically becoming a crime scene, no one was actively forcing us out. It felt more like a collective understanding: It was time to go.

I texted my guest: “OK, I have to go to the White House. I’m so sorry to leave you.”

I made my way with the sea of people toward the one exit we were allowed to use and zipped between women in fancy gowns and men looking like penguins.

I put on my hard press pass, opened the Capital Bikeshare app, reserved the closest e-bike, and headed out. 

I walked up Columbia Road to 20th and Wyoming, grabbed the bike, and rode down Wyoming, then 18th, cut over to U Street, and went straight down 16th to the White House. That ride was exhilarating. I also filmed an Instagram Reel updating my followers on what was going on. I could see tourists and D.C. residents alike looking at me from their cars and the sidewalk, obviously confused as to why a man dressed in a tux had hopped on a bike.

I got off the bike where 16th Street meets Lafayette Square and darted toward the first White House security checkpoint, where they were verifying press credentials. Luckily, I had mine. After that, it turned into a mad dash. Everyone who made it through started moving quickly.

The sound of heels on what I think was cobblestone—or maybe brick—sticks with me. My own shoes were clacking as I ran toward the White House alongside other journalists in heels and dress shoes.

At the Secret Service checkpoint, there was a separate line for hard pass holders. Having my hard pass let me skip much of the impeccably dressed line of journalists who didn’t think to bring their hard pass with them.

It was probably the most exquisitely dressed press crowd I’ve ever seen—tuxedos, gowns, full makeup. It felt like something out of “The Hunger Games.”

I went through security, put my belongings through the metal detector, entered my code, grabbed my things, and ran to the briefing room.

I took my seat in the last row— and waited to hear the president speak.

(Washington Blade photo by Joe Reberkenny)
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National

BREAKING NEWS: Shots fired at the White House Correspondents’ Dinner

Shooter reportedly opened fire inside hotel

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(Washington Blade photo by Joe Reberkenny)

Four loud bangs were heard in the International Ballroom of the Washington Hilton during the annual White House Correspondents’ Dinner on Saturday.

According to the Associated Press, a shooter opened fire inside the hotel outside the ballroom.

Attendees could hear four loud bangs as people started to duck and take cover. During the chaos sounds of salad and glasses were dropped as hotel employees, and guests ducked for cover.

The head table — which included President Donald Trump, Vice President JD Vance, first lady Melania Trump, and White House Correspondents Association President Weijia Jiang — were rushed off stage.

“The U.S. Secret Service, in coordination with the Metropolitan Police Department, is investigating a shooting incident near the main magnetometer screening area at the White House Correspondents’ Dinner,” the U.S. Secret Service said in a statement. “The president and the First Lady are safe along all protects. One individual is in custody. The condition of those involved is not yet known, and law enforcement is actively assessing the situation.”

Trump held a press conference at the White House after he left the hotel.

“A man charged a security checkpoint armed with multiple weapons and he was taken down by some very brave members of Secret Service,” said Trump.

Trump said the shooter is from California. He also said an officer was shot, but said his bullet proof vest “saved” him.

D.C. Mayor Muriel Bowser, interim D.C. police chief Jeffrey Carroll, U.S. Attorney for D.C. Jeanine Pirro, and other officials held their own press conference at the hotel.

Carroll said the gunman who has been identified as Cole Tomas Allen was armed with a shotgun, handgun, and “multiple” knives when he charged a Secret Service checkpoint in a hotel lobby. Carroll also told reporters that law enforcement “exchanged gunfire with that individual.”

Both he and Bowser said the gunman appeared to act alone.

“We are so very thankful to members of law enforcement who did their jobs tonight and made sure all guests were safe,” said Bowser. “Nobody else was involved.”

The Washington Blade will update this story as details become more available.

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District of Columbia

Community mourns passing of D.C. trans rights advocate SaVanna Wanzer

Acclaimed activist credited with founding D.C. Trans Pride

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SaVanna Wanzer (Washington Blade file photo by Michael Key)

Three D.C.-based LGBTQ advocacy organizations released statements on April 24 announcing that highly acclaimed D.C. transgender rights advocate SaVanna Wanzer has passed away. 

A family member told the Blade that Wanzer died on Friday, April 24 of natural causes. She was 63.

Among other things, the advocacy groups noted that Wanzer is credited with being the lead founder of the D.C. Trans Pride and D.C. Black Trans Pride celebrations and events.

 “As a trailblazing transgender activist, educator, and founder of D.C. Trans Pride, D.C. Black Trans Pride, and May Is All About Trans, SaVanna created and led transformative transgender programming during D.C. Black Pride that ensured trans voices, stories, leadership, and lived experiences were centered, celebrated, and protected,” according to the statement from the Center for Black Equity, an LGBTQ organization.

“Her work was not just about representation, it was about liberation, community, and making sure Black Trans lives were honored in rooms, stages, policies, and movements that too often overlooked them,” the statement says.

In its own statement, the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, called Wanzer an icon of D.C.’s Black trans community and longtime leader in many LGBTQ organizations. 

“SaVanna Wanzer was a D.C. legend,” Tori Cooper, HRC’s Director of Strategic Outreach and Training, said in the statement. “She advocated for many years for the trans community and for people living with HIV, and served with many organizations, including D.C. Black Pride, Capital Pride, and NMAC [National Minority AIDS Council],” the statement adds.

“I can say firsthand that SaVanna will not just be missed for her work, but for her sisterly wisdom and her sense of humor,” Cooper said in the HRC statement.

In its own statement, Capital Pride Alliance, which organizes D.C.’s annual LGBTQ Pride events, called Wanzer a “trailblazer” in her role as founder of Capital Trans Pride, D.C. Black Trans Pride, and the May Is All About Trans events. It says she served on the Capital Pride Board of Directors 

“SaVanna was not just an advocate and community organizer but also a knowledge holder and elder voice in our movement,” the statement adds

In an undated statement on its website released before Wanzer’s passing, the D.C. group Food and Friends, which provides home-delivered meals to people in need, including people with HIV and cancer, says Wanzer had been one of its clients in the past. It says she had been living with heart problems since she was 16 and learned she had HIV in 1985 when she went to donate blood while working at the time for the U.S. Department of Veterans Affairs. It also says she had diabetes, which was under control.

Among her many involvements, Wanzer also served as a volunteer for D.C.’s Whitman-Walker Health, which provides medical services for the LGBTQ community along with other communities. In 2015, Whitman-Walker selected  Wanzer as the first recipient of its Robert Fenner Urquhart Award for her volunteer services at Whitman-Walker for more than 20 years.

The Center for Black Equity appeared to capture the sentiment of those in the LGBTQ community who knew Wanzer in the concluding part of its statement on her passing.  

“Her vision continues to guide us,” it says. “Her courage continues to inspire us. Her impact will continue to live through every person, every Pride, and every space made more possible because she dared to lead,” it says. “Rest in power, SaVanna Wanzer. Your light remains with us.”

The family member said funeral arrangements are expected to be announced early next week. This story will be updated.

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