News
Defense bill contains gay-related provisions
Expanded conscience protections; sodomy ban repealed in military code

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.”
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
District of Columbia
Faith programming remains key part of Creating Change Conference
‘Faith work is not an easy pill to swallow in LGBTQ spaces’
The National LGBTQ Task Force kicked off the 38th annual Creating Change conference in D.C. this week. This year, as with years past, faith and interfaith programming remains a key part of the conference’s mission and practice.
For some, the presence of faith work at an LGBTQ+ conference may seem antithetical, and Creating Change does not deny the history of harm caused by religious institutions. “We have to be clear that faith work is not an easy pill to swallow in LGBTQ spaces, and they’re no qualms about saying that we acknowledge the pain, trauma, and violence that’s been purported in the name of religion,” Tahil Sharma, Faith Work Director for the National LGBTQ Task Force, said.
In fact, several panels at the conference openly discuss acknowledging, healing from, and resisting religious harm as well as religious nationalism, including one scheduled today titled “Defending Democracy Through Religious Activism: A panel of experts on effective strategies for faith and multi-faith organizing” that features local queer faith activists like Ebony C. Peace, Rob Keithan, and Eric Eldritch who are also involved in the annual DC Pride Interfaith Service.
Another session will hold space for survivors of religious violence, creating “a drop-in space for loving on each other in healing ways, held by Rev. Alba Onofrio and Teo Drake.”
But Sharma and others who organized the Creating Change Conference explained that “a state of antipathy” towards religious communities, especially those that align with queer liberation and solidarity, is counterproductive and denies the rich history of queer religious activism. “It’s time for us to make a call for an approach to LGBTQ+ liberation that uses interfaith literacy as a tool rather than as a weapon against us,” Sharma explained.
Recognizing a local queer faith icon
Along with the panels, fighting religious nationalism and fostering communion with aligned faith activists and communities is at heart of this year’s faith work. As Sharma shared, “the person that we’re honoring this year for the faith award is Rev. Dr. Sofía Betancourt, and Dr. Betancourt is an amazing leader and someone who really stands out in representing UUs but also representing herself unapologetically.”
Based in the Washington, D.C. area, Dr. Betancourt has more than 20 years of experience working as a public minister, seminary professor, scholar, and environment ethicist, and public theologian. Her activism is rooted in her lived identities as a queer, multiracial, AfroLatine first-generation daughter of immigrants from Chile and Panama, and has been a critical voice in advancing the United Universalism towards anti-racist and pluralistic faith work.
Creating a faith-based gathering space
Sharma also said that faith fosters a unique space and practice to encounter grief and joy. For this reason, Sharma wants to “create a space for folks to engage in curiosity, to engage in spiritual fulfillment and grounding but also I think with the times that we’re in to lean into some space to mourn, some space to find hope.” The Many Paths Gathering Space serves this purpose, where visitors can stop for spiritual practice, speak with a Spiritual Care Team member, or just take a sensory break from the bustle of the conference.
This also means uplifting and foregrounding queer religious ephemera with an ofrenda to honor those who have passed, a display of nonbinary Korean American photographer Salgu Wissmath’s exhibition Divine Identity, and the Shower of Stoles, a collection of about 1,500 liturgical stoles and other sacred regalia representing the lives of lesbian, gay, bisexual, and transgender people of faith.
The Shower of Stoles
The collection was first started in 1995 by Martha Juillerat and Tammy Lindahl who received eighty stoles that accompanied them and lent them solace as they set aside their ordinations from the Presbyterian Church. The whole collection was first displayed at the 1996 General Assembly of the Presbyterian Church in New Mexico. The stoles, according to the Task Force, “quickly became a powerful symbol of the huge loss to the church of gifted leadership.”
Each stole represents the story of a queer person who is active in the life and leadership of their faith community, often sent in by the people themselves but sometimes by a loved one in their honor. About one third of all the stoles are donated anonymously, and over three-quarters of the stoles donated by clergy and full-time church professionals are contributed anonymously.
The collection shows “not just the deep harm that has been caused that does not allow people to meet their vocation when they’re faith leaders, but it also speaks to how there have been queer and trans people in our [faith] communities since the beginning of our traditions, and they continue to serve in forms of leadership,” Sharma explained.
Explicit interfaith work
Along with creating a sacred space for attendees, hosting workshops focused on faith-based action, and recognizing DC’s rich queer religious history, Creating Change is also hosting explicitly faith services, like a Buddhist Meditation, Catholic Mass, Shabbat service, Jummah Prayer Service, and an ecumenical Christian service on Sunday. Creating Change is also welcoming events at the heart of queer religious affirmation, including a Name/Gender/Pronoun/Identity Blessing Ritual and a reading and discussion around queer bibles stories with Rev. Sex (aka Rev. Alba Onofrio).
But along with specific faith-based programs, Sharma explained, “we’re looking to build on something that I helped to introduce, which was the separation of the interfaith ceremony that’s happening this year which is a vigil versus the ecumenical Christian service which is now the only thing that takes place on Sunday morning.”
This includes an Interfaith Empowerment Service this evening and an Interfaith Institute tomorrow, along with “Sing In the Revolution,” an event where folks are invited “to actually engage in the joy and rhythm of resolution and what that looks like,” Sharma said. One of the key activators behind this work is Rev. Eric Eldritch, an ordained Pagan clergy person with Circle Sanctuary and a member of the Pride Interfaith Service planning committee.
Affirming that queer faith work is part of liberation
The goal for this year, Sharma noted, alongside holding space and discussions about faith-based practice and liberation and intentional interfaith work–is to move from thinking about why faith matters in queer liberation spaces to “how is interfaith work the tool for how we’re engaging in our understanding of de-escalation work, digital strategies, navigating a deeper visioning that we need for a better world that requires us to think that we’re not alone in the struggle for mutual abundance and liberation,” Sharma explained.
It may surprise people to learn that faith work has intentionally been part of the National LGBTQ+ Task Force since its beginning in the 1980s. “We can really credit that to some of the former leadership like Urvashi Vaid who actually had a sense of understanding of what role faith plays in the work of liberation and justice,” Sharma said.
“For being someone who wasn’t necessarily religious, she certainly did have a clear understanding of the relationship between those folks who are allies, those folks who stand against us, and then those folks who sit in between–those folks who profess to be of religious and spiritual background and also are unapologetically LGBTQ+,” he continued.
This year’s faith programming builds on this rich history, thinking about “a way to kind of open doors, to not just invite people in but our people to go out into the general scene of the conference” to share how faith-based work is a tool, rather than a hindrance, to queer liberation work.
Iran
LGBTQ Iranians join anti-government protests
Nationwide demonstrations over economy began Dec. 28
Protests erupted across Iran on Dec. 28 as public anger over the country’s collapsing country spilled into the streets. Members of the LGBTQ community are among those who have participated in them.
What began as demonstrations over rising living costs soon expanded into broader political dissent, with protesters chanting anti-government slogans and, in some cases, directly criticizing Supreme Leader Ayatollah Ali Khamenei. Authorities later imposed internet restrictions and launched a nationwide crackdown, according to human rights groups.
According to Reuters, an Iranian official said authorities have verified at least 5,000 deaths linked to the unrest, including about 500 members of the security forces. The official blamed what the government described as “terrorists and armed rioters” for the killings, a characterization that could not be independently verified due to severe restrictions on media access and internet connectivity.
The same official told Reuters that the final death toll was not expected to rise significantly. The official also alleged that Israel and armed groups outside Iran had supported and supplied those involved in the protests, claims that could not be independently verified.
Multiple sources told the Washington Blade that LGBTQ Iranians have taken part in the protests against the government, despite the heightened risks they face under the country’s strict laws that criminalize consensual same-sex sexual relations.
Arsham Parsi, founder and executive director of International Railroad for Queer Refugees, is from Shiraz, a city in southern Iran. He fled the country in 2005.
Parsi told the Blade a widespread demand for dignity and freedom is driving the uprising.
“It is important to say clearly: LGBTQ people are part of Iranian society, and they are part of this protest,” said Parsi. “Many are participating directly, despite facing risks that are often even greater than others — because in Iran they are already criminalized and targeted simply for who they are.”
“For LGBTQ Iranians, showing up — whether publicly or in underground ways — can carry life-and-death consequences,” he added.
Parsi told the Blade that members of the LGBTQ community with whom he has been in contact described a mix of fear, exhaustion, grief, and determination. He added that many of them feel this moment differs from previous waves of protest in Iran.
“The scope, the persistence, and the public rejection of fear feel qualitatively different — and for that reason, many Iranians inside and outside the country are hopeful that this will lead to real transformation, including regime change, and that Iranians will finally regain their freedom,” said Parsi. “Freedom is not free, and Iranians are paying its cost with their blood.”
Parsi said the government’s response to the protests has been severe; citing widespread blackouts, internet shutdowns, telephone disruptions, and heavy security presence on the streets. He said the communication restrictions have made it increasingly difficult to document abuses, locate missing people, coordinate medical assistance or verify information, warning that such conditions can allow violence to occur beyond public view.
Parsi said his organization, along with other trusted groups, has been sharing harm-reduction guidance whenever possible, particularly on digital safety, avoiding identification and minimizing risk. He added, however, there is no fully safe way to protest under a system that criminalizes identity and treats dissent as an enemy, noting LGBTQ people, women, students, labor activists, and ethnic and religious minorities are among those facing the greatest danger.
“I also want to be very clear about what kind of international involvement we are calling for. We are against foreign military intervention. Iranians must determine Iran’s future. But we do need international aid and serious diplomatic engagement that is grounded in human rights — not convenience,” said Parsi. “In the past, too often, when Iranians rose up, parts of the international community were distracted by negotiations, ‘promises’ from the Islamic Republic, or short-term deals, and the momentum for human rights was abandoned.”
“We hope this time no one is fooled,” he added. “The regime is desperately trying to manipulate the narrative through state media and misinformation — to change the course of events and confuse the international community. The world must be smart, vigilant, and principled: do not reward repression with legitimacy, and do not trade away Iranian rights for empty assurances.”
Parsi said the unrest should also be viewed within a broader regional context, noting Iran’s actions beyond its borders have long drawn criticism from governments and analysts who accuse the country of supporting armed groups and contributing to conflicts that have harmed civilians across the Middle East. He said a future Iran that respects human rights domestically and pursues less confrontational policies abroad could have implications not only for Iranians, but for regional and global stability as well, adding many within the country continue to protest despite the personal risks involved.
Soudeh Rad, co-founder and executive director of Spectrum, a France-based NGO that works with Farsi-speaking communities on gender equality and LGBTQ issues, noted to the Blade the latest wave of large-scale protests began in Tehran’s Grand Bazaar. They said LGBTQ people, like other marginalized and underrepresented communities, often suffer disproportionate burden under systems of entrenched discrimination.
“Images and testimonials prove the fact that protestors are from all classes, ages, communities, ethnicities, genders, and even with different abilities. This is not a higher-class protest. Obviously, our LGBTQIA+ siblings, of all political tendencies and belongings,” said Rad. “As we can imagine, if their SOGIESC (sexual orientation, gender identity, gender expression, and sex characteristics) identity is revealed at the detention centers and prisons, they will be subject to a higher and more intense torture. Police and militia have not hesitated a moment to shoot protestors to kill them. Snipers have been spotted targeting people. Reported numbers of killed and injured people go as high as thousands.”
Rad said recent protest movements have produced gradual social changes in Iran even without formal legal reforms. They cited the “Women, Life, Freedom” movement, noting observers report growing noncompliance with compulsory hijab rules and increased solidarity among ethnic and long-marginalized communities that include Baluchis, Kurds, and Azeris. Rad described the current unrest as part of an ongoing process of social transformation.
Shadi Amin, a director at the LGBTQ rights group 6Rang, said the full impact of the crackdown on LGBTQ activists remains unknown, citing internet shutdowns and limited access to detention centers that have hindered documentation. She said LGBTQ people often face additional barriers to recognition as victims of human rights abuses, because discussions of sexual orientation and gender identity are frequently sidelined during periods of unrest. This omission leaves many cases unacknowledged or erased from public narratives.
Amin also pointed to Iran’s legal framework, under which consensual same-sex sexual relations remain punishable by death, as a key factor contributing to the long-standing invisibility of LGBTQ people.
She said the absence of official data makes it impossible to determine how many LGBTQ individuals may have been killed, detained or subjected to abuse during the protests, adding that this lack of recognition has persisted for decades. Amin told the Blade the internet shutdown has also severed regular communication between advocacy groups and LGBTQ people inside Iran, cutting off counseling services and daily contact that had previously provided limited insight into conditions on the ground. She said the loss of communication has made it increasingly difficult to assess the safety of individuals or confirm who remains in detention or has gone missing.
“I have spent almost my entire life fighting for freedom and democracy. Even if we have not yet achieved our ultimate goal, we have made life harder for our oppressors and safer for our community—and that in itself matters,” Amin noted to the Blade. “We seek change and have called for international intervention to uphold the responsibility to stop crimes against humanity, including through Responsibility to Protect (a U.N. principle adopted in 2005); however, top-down regime change or foreign military intervention would silence the movement.”
“In times of war, weapons — not people — have the final word, and social movements are pushed aside. This is one of our core concerns,” she added. “Another is the risk that even if the current regime is overthrown, it could be replaced by another form of dictatorship — such as a monarchic project represented by the son of the former shah, who has lived in the United States for nearly five decades and lacks democratic legitimacy.”
Amin said LGBTQ activists fear being overlooked amid the broader unrest, emphasizing concerns that ongoing repression and communication blackouts risk pushing LGBTQ experiences further out of public view. She said maintaining international attention remains critical for communities that are often forced into invisibility during periods of crisis.
Matt Forouzandy, president of the 30-Morg Queer Liberation Committee, an NGO focused on LGBTQ issues affecting Iranians inside the country and in the diaspora, confirmed LGBTQ Iranians have participated in the protests since they began.
He said some queer Iranians publicly expressed support for Crown Prince Reza Pahlavi on social media, sharing posts alongside Iran’s lion and sun flag, while acknowledging the risks they faced before joining demonstrations.
Pahlavi is the son of Iran’s last monarch, Mohammad Reza Shah Pahlavi, who was overthrown during the 1979 Islamic Revolution. Living in exile, he has in recent years emerged as a symbolic opposition figure for some Iranians abroad, though his role and influence inside the country remain contested.
Forouzandy said LGBTQ people inside Iran have, in some cases, participated more openly in the protests than many observers might expect, citing years of compounded repression under the regime. He said many queer activists use their real names and photographs on X and other social media platforms, rather than operating anonymously. Forouzandy added LGBTQ participants across different regions of the country have publicly expressed opposition to the current system.
Forouzandy said the future legal and civil status of LGBTQ people in Iran would depend on the political direction taken if the current system were to change, including whether outcomes reflect domestic demands or outside influence. He said some protesters have expressed support for a return to monarchical rule, arguing that such a shift could affect prospects for civil rights, though the outcome remains uncertain.
“Iranians in the diaspora — including LGBTQ+ individuals — are doing everything within their capacity to support those inside the country,” said Forouzandy. “However, the most decisive force remains the people inside Iran themselves. Their courage, determination, and collective will are what ultimately shape the outcome.”
“This is especially true for LGBTQ+ Iranians, who are fighting simultaneously for the liberation of their homeland and for full and equal civil rights within a future free Iran,” he added.
