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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Expanded conscience protections; sodomy ban repealed in military code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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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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District of Columbia

D.C. non-profits find creative ways to aid the unhoused amid funding cuts

City’s poor economic mobility makes it easier to slip into homelessness

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Federal funding cuts have led to shortages at local nonprofits that assist D.C.’s unhoused population. (Photo by Joe Pchatree/Bigstock)

Homelessness is unlikely to disappear entirely, but it can be minimized and controlled.

That principle guides Everyone Home Executive Director Karen Cunningham’s approach to homeless support and prevention in D.C.

“There’s always going to be some amount of people who have a crisis,” Cunningham said. “The goal is that if they become homeless, [it’s] rare, brief and non-recurring. And in order for that to be the case, we need to have steady investments in programs that we know work over time.”

Making those investments has proven to be an unprecedented challenge, however. Cunningham said non-profits and other organizations like Everyone Home are grappling with government funding cuts or stalls that threaten the work they do to support D.C.’s homeless population.

Despite a 9% decrease in homelessness from 2024 to 2025, advocates worry that stagnant funding will make that progress hard to sustain. Furthermore, D.C. has the worst unemployment rate in the country at 6.7% as of December. The city’s poor economic mobility makes it easier for people to slip into homelessness and harder to break free of it.

There’s a way forward, Cunningham said, but it’s going to take a lot of perseverance and creative solutions from those willing to stay in the fight.

Fighting through setbacks

Reduced funding from the city government has shifted the way Everyone Home operates.

In D.C.’s fiscal year 2026 budget proposal, homeless services and prevention programs saw stalled growth or financial reductions. Even just a few years ago, Cunningham said Everyone Home received a large influx of vouchers to help people who needed long-term supportive housing. The vouchers allowed the non-profit to break people free of the homeless cycle and secure stable housing.

However, those vouchers are scarce these days. Cunningham said the city is investing less in multi-year programs and more in programs that offer preventative and upfront support.

She said this reality has forced Everyone Home to stop operating its Family Rapid Rehab program, which helps families leave shelters and transition into permanent housing. Current funds couldn’t withstand the size of the program and Cunningham said very few organizations can still afford to run similar programs.

The Family Homelessness Prevention program, however, is thriving and expanding at Everyone Home due to its short-term nature. It provides families with 90-day support services to help them get back on track and secure stable finances and housing.

Everyone Home also offers a drop-in day center, where they provide people with emergency clothing, laundry, and meals, and has a street outreach team to support those who are chronically homeless and offer services to them.

Inconsistencies in financial support have created challenges in providing the necessary resources to those struggling. It’s led non-profits like Everyone Home to get creative with their solutions to ensuring no one has recurring or long spouts of homelessness.

“It’s really a sustained investment in these programs and services that can allow us to chip away, because if you put all these resources in and then take your foot off the gas, there’s always people entering the system,” Cunningham said. “And so we have to always be moving people out into housing.”

Getting people in and out of the homeless system isn’t easy due to D.C.’s struggle with providing accessible and affordable housing, D.C. Policy Center executive director Yesim Sayin said in a Nov. 16 Washington Blade article.

Sayin said that D.C.’s construction tailors to middle or upper class people who live in the city because work brought them there, but it excludes families and D.C. natives who may be on the verge of homelessness and have less geographic mobility.

Building more and building smarter ensures D.C.’s low-income population aren’t left behind and at risk of becoming homeless, Sayin said.

That risk is a common one in D.C. given its low economic mobility. Residents have less room to financially grow given the city’s high cost of living, making vulnerable communities more prone to homelessness.

With funding cuts for long-term programs, preventative programs have proven to be vital in supporting the homeless population. When someone becomes homeless, it can have a snowball effect on their life. They aren’t just losing a house –– they may lose their job, access to reliable transportation and food for their family.

Cunningham said resources like the Family Homelessness Prevention program allows people to grow and stabilize before losing crucial life resources.

“Helping people keep what they have and to try to grow that as much as possible is really important where there aren’t a lot of opportunities…for people to increase their income,” Cunningham said.

Through all the funding cuts and reduced services, D.C.’s homeless support organizations are still finding a path forward –– a path that many residents and families rely on to survive.

Pushing forward

Local non-profits and organizations like Everyone Home are the backbone of homeless support when all other systems fail.

When the White House issued an executive order directing agencies to remove homeless encampments on federal land, Coalition For The Homeless provided ongoing shelter to those impacted.

“We were asked by our funders to open two shelters at the time of the encampment policy announcement,” Lucho Vásquez, executive director of Coalition For The Homeless, said. “We opened the shelters on the same day of the request and have been housing 100 more people who are unhoused each night since August.”

This was achieved even after Coalition faced “severe cuts in funding for supportive and security services,” according to Vásquez. Staff members have taken on additional responsibilities to make up for the loss in security coverage and supportive services with no increase in pay, but Vásquez said they’re still trying to fill gaps left by the cuts.

Coalition offers free transitional housing, single room occupancy units and affordable apartments to people who were unhoused. 

Coalition For The Homeless isn’t the only non-profit that’s had to step up its services amid dwindling resources. Thrive D.C. provides hot meals, showers, and winter clothes, which is especially important during the winter months.

Pathways to Housing D.C. offers housing services for people regardless of their situation or condition. Its “Housing First” teams house people directly from the streets, and then evaluate their mental and physical health, employment, addiction status, and education challenges to try to integrate them back into the community.

Covenant House is a homeless shelter for youth ages 18-24. They provide resources and shelter for youth “while empowering young people in their journey to independence and stability,” its website reads. Through its variety of programs, Friendship Place ended or prevented homelessness, found employment and provided life-changing services for more than 5,400 people. 

These groups have made a huge local difference with little resources, but Cunningham said there are more ways for people to support those experiencing homelessness if they’re strapped for time or money. Aside from donating and volunteering, she said even simply showing compassion toward people who are struggling can go a long way. 

Cunningham said compassion is something that’s been lost in the mainstream, with politicians and news anchors regularly directing hostile rhetoric toward homeless populations. But now more than ever, she said caring and understanding for fellow community members is key to moving forward and lifting those in need up.

“People sometimes feel invisible or that there’s a sense of hostility,” Cunningham said. “I think all of us can at least do that piece of recognizing people’s humanity.”

(This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)

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Colombia

LGBTQ Venezuelans in Colombia uncertain about homeland’s future

US forces seized Nicolás Maduro and his wife on Jan. 3

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(Image by Tindo/Bigstock)

BOGOTÁ, Colombia — LGBTQ Venezuelans who live in Colombia remain uncertain about their homeland’s future in the wake of now former-President Nicolás Maduro’s ouster.

José Guillén is from Mérida, a city in the Venezuelan Andes that is roughly 150 miles from the country’s border with Colombia. He founded an LGBTQ organization that largely focused on health care before he left Venezuela in 2015.

Guillén, whose mother is Colombian, spoke with the Washington Blade on Jan. 9 at a coffee shop in Bogotá, the Colombian capital. His husband, who left Venezuela in 2016, was with him.

“I would like to think that (Venezuela) will be a country working towards reconstruction in a democracy,” said Guillén, responding to the Blade’s question about what Venezuela will look like in five years.

American forces on Jan. 3 seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.

Maduro and Flores on Jan. 5 pleaded not guilty to federal drug charges in New York. The Venezuelan National Assembly the day before swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president.

Hugo Chávez died in 2013, and Maduro succeeded him as Venezuela’s president. Subsequent economic and political crises prompted millions of Venezuelans to leave the country.

Ousted Venezuelan President Nicolás Maduro in 2024. (Photo courtesy of Maduro’s Instagram page)

The Blade in 2021 reported Venezuelan authorities raided HIV/AIDS service organizations, arrested their staffers, and confiscated donated medications for people with HIV/AIDS. Tamara Adrián, a member of the Venezuelan opposition who in 2015 became the first openly transgender person elected to the National Assembly, told the Blade she had to take security precautions during her campaign because government supporters targeted her.

The Blade on Jan. 8 spoke with a Venezuelan AIDS Healthcare Foundation client who said Maduro’s ouster “is truly something we’ve been waiting for for 26 or 27 years.” Another Venezuelan AHF client — a sex worker from Margarita Island in the Caribbean Sea who now lives in Bogotá — echoed this sentiment when she spoke with the Blade two days later.  

“I love the situation of what’s happening,” she said during a telephone interview.

Sources in Caracas and elsewhere in Venezuela with whom the Blade spoke after Jan. 3 said armed pro-government groups known as “colectivos” were patrolling the streets. Reports indicate they set up checkpoints, stopped motorists, and searched their cell phones for evidence that they supported Maduro’s ouster.

“In the last few days, it seems there are possibilities for change, but people are also very afraid of the government’s reactions and what might happen,” Guillén said.

“Looking at it from an LGBT perspective, there has never been any recognition of the LGBT community in Venezuela,” he noted. “At some point, when Chávez came to power, we thought that many things could happen because it was a progressive government, but no.”

The Venezuela-Colombia border near Paraguachón, Colombia, on March 7, 2018. (Washington Blade photo by Michael K. Lavers)

Luis Gómez is a lawyer from Valencia, a city in Venezuela’s Carabobo state. He and his family since he was a child have worked with autistic children through Fundación Yo Estoy Aquí, a foundation they created.

Gómez was in high school in 2013 when Maduro succeeded Chávez. He graduated from law school in 2018. Gómez in November 2020 fled to Colombia after he became increasingly afraid after his mother’s death that authorities would arrest him because of his criticism of the government.

The Colombian government in December 2025 recognized him as a refugee.

Gómez during a Jan. 9 interview in Bogotá discussed his initial reaction to Maduro’s ouster.

“I’m 28 years old, and 27 of those years have been in dictatorship,” Gómez told the Blade. “I had never experienced anything like this, which is why it had such a strong impact on me.”

Gómez said he initially thought the operation to seize Maduro and Flores was similar to an attempted coup that Chávez led in 1992. Gómez added he quickly realized Jan. 3 was different.

“The last thing we thought would happen was that Maduro would be wearing an orange jumpsuit in prison in New York,” he told the Blade. “It’s also important that those of us outside (of Venezuela) knew about it before those inside, because that’s the level of the lack of communication to which they have subjected all our families inside Venezuela.”

Gómez said Maduro’s ouster left him feeling “a great sense of justice” for his family and for the millions of Venezuelans who he maintains suffered under his government.

“Many Venezuelans, and with every reason, around the world started celebrating euphorically, but given our background and our understanding, we already knew at that moment what was coming,” added Gómez. “Now a new stage is beginning. What will this new stage be like? This has also generated uncertainty in us, which the entire citizenry is now experiencing.”

Trump ‘puts us in a very complex position’

U.S. chargé d’affaires Laura Dogu on Jan. 31 arrived in Caracas to reopen the American embassy that closed in February 2019.

Tens of thousands of people on Jan. 7 gathered in Bogotá and elsewhere in Colombia to protest against President Donald Trump after he threatened Colombian President Gustavo Petro, who was once a member of the now disbanded M-19 guerrilla movement. The two men met at the White House on Tuesday.

Colombian President Gustavo Petro, left, meets with President Donald Trump at the White House on Feb. 3, 2026. (Photo courtesy of the White House’s X account)

Both Gómez and Guillén pointed out Rodríguez remains in power. They also noted her brother, Jorge Rodríguez, is currently president of the National Assembly.

“Delcy has been a key figure in the regime for many years,” said Guillén. “In fact, she was one of the toughest people within the regime.”

Gómez and Guillén also spoke about Trump and his role in a post-Maduro Venezuela.

“Donald Trump, especially in this second term, has played a very particular role in the world, especially for those of us who, genuinely, not falsely or hypocritically, truly defend human rights,” said Gómez. “It puts us in a very complex position.”

Gómez told the Blade the operation to seize Maduro and Flores was “not an invasion for us.”

“It’s not a military intervention,” said Gómez. “It was the beginning, or I would even dare to say the end of the end.”

He acknowledged “there are interests at play, that the United States doesn’t do this for free.” Gómez added U.S. access to Venezuelan oil “for us, at this point, is not something that matters to us.”

“Venezuelans have received nothing, absolutely nothing from the resources generated by oil. We live without it,” he said. “The only ones getting rich from the oil are the top drug traffickers and criminals who remain in power.”

Guillén pointed out the U.S. “has always been one of the biggest buyers of oil from Venezuela, and perhaps we need that closeness to rebuild the country.”

“I also feel that there is a great opportunity with the millions of Venezuelans who left the country and who would like to be part of that reconstruction as well,” he said.

“Logically it’s sad to see the deterioration in the country, the institutions, even the universities in general,” added Guillén. “Those of us who are outside the country have continued to move forward and see other circumstances, and returning to the country with those ideas, with those new approaches, could provide an opportunity for change. That’s what I would like.”

Editor’s note: International News Editor Michael K. Lavers was on assignment in Colombia from Jan. 5-10.

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