National
Defense budget bill includes ‘conscience’ provision
Rep. Smith says language watered-down to have no substantive impact

The final version of major Pentagon budget legislation includes watered-down “conscience” language similar to the anti-gay provision found in the House version of the bill, according to a top House Democrat on defense issues.
Rep. Adam Smith (D-Wash.), ranking Democrat on the House Armed Services Committee, affirmed during a Capitol Hill news conference Tuesday language along the lines of Section 536 of the House bill made its way into the conference report for the fiscal year 2013 defense authorization bill, although the scope of the language is more limited.
Other language found under Section 537 of the House bill prohibiting same-sex marriages from taking place on military bases, Smith said, was removed from the final version of the bill. Smith made the remarks in response to a question from the Washington Blade.
“We struck the second provision,” Smith said. “There is modified conscience clause language still in the bill … Basically, you can believe what you believe and not be punished for it, but if your actions based on those beliefs are counter to the Uniform Code of Military Justice or counter to what’s necessary, that can be held against you. But you can’t be punished solely for your beliefs. We modified that first language, struck the second language.”
Asked whether the language applies to only chaplains or all service members, Smith replied, “Anybody.”
Following Smith’s remarks, Sen. John McCain (R-Ariz.), top Republican on the Senate Armed Services Committee, added, “Of course as chaplains are concerned, they have the tenets of their faith.” Senate Armed Services Committee Carl Levin (D-Mich.) then added, “It is conduct which we’re going after on the part of the chaplains, not beliefs.”
Asked afterward by the Blade whether there was significant discussion during the conference committee about the conscience language, Smith voiced his personal opposition to the language.
“Just to be honest, I don’t support the conscience language that’s in the bill,” Smith said. “Now they stripped it down, they made it to the extent that it’s pretty neutral. It basically says you cannot be punished solely for your beliefs, OK? It’s language that I don’t think belongs in the bill.”
Smith added that it will have no substantive impact on service members and he’ll support the defense authorization bill as a whole.
“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.”
A summary of the defense authorization bill published by House Democrats after the news conference is in line with Smith’s description of the language. Under the heading, “Other Personnel Matters,” a bullet point states the bill “[r]equires the Armed Forces to accommodate the beliefs of a service member and chaplain reflecting the service memberās or chaplainās conscience, moral principles or religious beliefs, and in so far as practicable, would prohibit use of such beliefs as the basis for any adverse personnel action, discrimination, or denial of promotion, schooling, training or assignment. The protection does not protect the speech or conduct of an individual, and preserves the authority to take disciplinary or administrative actions that threaten good order and discipline.”
The actual language of the defense authorization bill isn’t yet publicly available. Spokespersons for the House and Senate Armed Services Committees didn’t immediately respond to a request to provide the language. Floor votes on the conference report are expected to take place later this week.
Last week, the Washington Blade reported that some House Republicans in the conference committee were actively pushing for the conscience provisions as part of the final version of the defense spending measure. In the House bill, that language was inserted in the bill during committee markup by outgoing Rep. Todd Akin (R-Mo.), who later became notorious as a U.S. Senate candidate for suggesting that a woman can resist becoming pregnant after a “legitimate rape.”
That provision was understood to mean service members couldĀ actively harass their colleagues based on their perceived or actual sexual orientation without fear of reprisal. Additionally, it was understood to mean that chaplains would have free rein to discriminate against service members on any basis ā including religion, gender, sexual orientation, race or any other characteristic ā simply by saying serving them is contrary to their beliefs.
The White House said in May the Obama administration āstrongly objectsā to the conscience provision in the House version of the defense authorization bill along with a provision prohibiting same-sex couples from marrying on military bases as part of its Statement of Administration Policy. Still, the statement doesnāt go as far as issuing a veto threat if the final version of the bill includes these provisions. A White House spokesperson didnāt respond immediately on short notice to a request for comment.
State Department
HIV/AIDS activists protest at State Department, demand full PEPFAR funding restoration
Black coffins placed in front of Harry S. Truman Building

Dozens of HIV/AIDS activists on Thursday gathered in front of the State Department and demanded the Trump-Vance administration fully restore President’s Emergency Plan for AIDS Relief funding.
Housing Works CEO Charles King, Health GAP Executive Director Asia Russell, Human Rights Campaign Senior Public Policy Advocate Matthew Rose, and others placed 206 black Styrofoam coffins in front of the State Department before the protest began.
King said more than an estimated 100,000 people with HIV/AIDS will die this year if PEPFAR funding is not fully restored.
“If we continue to not provide the PEPFAR funding to people living in low-income countries who are living with HIV or at risk, we are going to see millions and millions of deaths as well as millions of new infections,” added King.
Then-President George W. Bush in 2003 signed legislation that created PEPFAR.
The Trump-Vance administration in January froze nearly all U.S. foreign aid spending for at least 90 days. Secretary of State Marco Rubio later issued a waiver that allows the Presidentās Emergency Plan for AIDS relief and other ālife-saving humanitarian assistanceā programs to continue to operate during the freeze.
The Washington Blade has previously reported PEPFAR-funded programs in Kenya and other African countries have been forced to suspend services and even shut down because of a lack of U.S. funding. Two South African organizations ā OUT LGBT Well-being and Access Chapter 2 ā that received PEPFAR funding through the U.S. Agency for International Development and the Centers for Disease Control and Prevention in recent weeks closed down HIV-prevention programs and other services to men who have sex with men.
Rubio last month said 83 percent of USAID contracts have been cancelled. He noted the State Department will administer those that remain in place “more effectively.”
“PEPFAR represents the best of us, the dignity of our country, of our people, of our shared humanity,” said Rose.
Russell described Rubio as “ignorant and incompetent” and said “he should be fired.”
“What secretary of state in 90 days could dismantle what the brilliance of AIDS activism created side-by-side with George W. Bush? What kind of fool could do that? I’ll tell you who, the boss who sits in the Harry S. Truman Building, Marco Rubio,” said Russell.

U.S. Military/Pentagon
Pentagon urged to reverse Naval Academy book ban
Hundreds of titles discussing race, gender, and sexuality pulled from library shelves

Lambda Legal and the Legal Defense Fund issued a letter on Tuesday urging U.S. Defense Secretary Pete Hegseth to reverse course on a policy that led to the removal of 381 books from the Nimitz Library of the U.S. Naval Academy in Annapolis, Md.
Pursuant to President Donald Trump’s executive order 14190, “Ending Radical Indoctrination in K-12 Schooling,” the institution screened 900 titles to identify works promoting “diversity, equity, and inclusion,” removing those that concerned or touched upon “topics pertaining to the experiences of people of color, especially Black people, and/or LGBTQ people,” according to a press release from the civil rights organizations.
These included “I Know Why the Caged Bird Singsā by Maya Angelou, āStone Fruitā by Lee Lai,Ā āThe Hate U Giveā by Angie Thomas, āLies My Teacher Told Me: Everything Your American History Textbook Got Wrongā by James W. Loewen, āGender Queer: A Memoirā by Maia Kobabe, and āDemocracy in Black: How Race Still Enslaves the American Soulā by Eddie S. Glaude, Jr.Ā
The groups further noted that “the collection retained other books with messages and themes that privilege certain races and religions over others, including ‘The Clansman: A Historical Romance of the Ku Klux Klan’ by Thomas Dixon, Jr., ‘Mein Kampf’ by Adolf Hitler, and ‘Heart of Darkness’ by Joseph Conrad.
In their letter, Lambda Legal and LDF argued the books must be returned to circulation to preserve the “constitutional rights” of cadets at the institution, warning of the “danger” that comes with “censoring materials based on viewpoints disfavored by the current administration.”
“Such censorship is especially dangerous in an educational setting, where critical inquiry, intellectual diversity, and exposure to a wide array of perspectives are necessary to educate future citizen-leaders,”Ā Lambda Legal Chief Legal Officer Jennifer C. PizerĀ andĀ LDF Director of Strategic Initiatives Jin Hee Lee said in the press release.
Federal Government
White House sues Maine for refusing to comply with trans athlete ban
Lawsuit follows months-long conflict over school sports in state

The Justice Department is suing the state of Maine for refusing to comply with President Donald Trump’s executive order banning transgender athletes from participating in school sports, U.S. Attorney General Pam Bondi announced on Wednesday.
DOJ’s lawsuit accuses the state of violating Title IX rules barring sex discrimination, arguing that girls and women are disadvantaged in sports and deprived of opportunities like scholarships when they must compete against natal males, an interpretation of the statute that reverses course from how the law was enforced under the Biden-Harris administration.
āWe tried to get Maine to comply” before filing the complaint, Bondi said during a news conference. She added the department is asking the court to āhave the titles return to the young women who rightfully won these sports” and may also retroactively pull federal funding to the state for refusing to comply with the ban in the past.
Earlier this year, the attorney general sent letters to Maine, California, and Minnesota warning the blue states that the department “does not tolerate state officials who ignore federal law.ā
According to the Maine Principals’ Association, only two trans high school-aged girls are competing statewide this year. Conclusions from research on the athletic performance of trans athletes vis-a-vis their cisgender counterparts have been mixed.
Trump critics and LGBTQ advocates maintain that efforts to enforce the ban can facilitate invasive gender policing to settle questions about an individual athlete’s birth sex, which puts all girls and women at risk. Others believe determinations about eligibility should be made not by the federal government but by school districts, states, and athletics associations.
Bondi’s announcement marked the latest escalation of a months-long feud between Trump and Maine, which began in February when the state’s Democratic governor, Janet Mills, declined to say she would enforce the ban.
Also on Wednesday, U.S. Education Secretary Linda McMahon said the findings from her department’s Title IX investigation into Maine schools ā which, likewise, concerned their inclusion of trans student-athletes in competitive sports ā was referred to DOJ.
Earlier this month, the Justice Department pulled $1.5 million in grants for Maine’s Department of Corrections because a trans woman was placed in a women’s correctional facility in violation of a different anti-trans executive order, while the U.S. Department of Agriculture paused the disbursement of funds supporting education programs in the state over its failure to comply with Title IX rules.
A federal court last week ordered USDA to unfreeze the money in a ruling that prohibits the agency from āterminating, freezing, or otherwise interfering with the stateās access to federal funds based on alleged Title IX violations without following the process required by federal statute.āĀ
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