Anti-LGBT Measures in NDAA Now on the House Floor
Last week was full of news. Of course, the big story was President Obama's decision to support marriage equality. But did you know that a few hours after the President's announcement, in the dead of the night, members in the Republican-controlled House Armed Services Committee (HASC) adopted two amendments to two pieces of legislation attacking LGBT equality? Please, read on.
First came two amendments to the National Defense Authorization Act NDAA) in the House Armed Services Committee (HASC). On a 37-24 vote, including all Republicans on the committee, as well as Reps. McIntyre (D-NC), Kissell (D-NC), and Bordallo (D-Guam), the HASC added an amendment that would ban same-gender marriage ceremonies on Department of Defense (DoD) property. The amendment was offered by Rep. Palazzo (R-MS), who made the argument that this amendment is needed because same-gender ceremonies were taking place on military bases in direct violation of the Defense of Marriage Act (DOMA).But, the Congressman is misinformed. DOMA does not prohibit same-gender marriages from taking place on federal property. Indeed, DOMA does not restrict individual activities; it simply addresses the recognition the federal government may give to them.
In addition, the amendment flies in the face of DoD's own rules. In September 2011, the DoD General Counsel made it clear that determinations regarding the use of DoD facilities should be made on a sexual orientation neutral basis, and that making DoD facilities available for private functions (like a marriage ceremony) does not constitute an endorsement of the function by DoD.
The second harmful amendment adopted was offered by Rep. Akin (R-MO) and approved by all Republicans in the Committee, including Democratic Reps. McIntyre (D-NC) and Kissell (D-NC). The amendment would write in so-called "conscience protections" for service members and chaplains who don't wish to work with their gay and lesbian colleagues. These "protections" would allow service members to actively harrass and discriminate other service members solely for their perceived or actual sexual orientation - not a recipe for good order and unit cohesion. The way that the amendment is written, it would also give chaplains the ability to freely discriminate against service members because of their religion, gender, race, sexual orientation, or any other basis solely by arguing that their "consicence, moral principles, or religious beliefs" may be violated.
So where does this leave us? These amendments are now a part of the House's version of the NDAA. As I write this, debate on the bill is now happening in the full House of Representatives and a vote is likely to take place tomorrow. SLDN is on the front lines, working with our allies to strip these anti-LGBT inititives from bill when it comes up for conference with the Senate later this year. We'll keep you updated.
Follow Jeremy on Twitter: @wilsonsimerman
05-17-12 By Jeremy Wilson-Simerman, SLDN Government Affairs Director |
