Does the New Defense Spending Bill Protect Anti-Gay Bullying?

Courtesy of the US Army

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


A provision buried in the Pentagon spending bill soon to be adopted by Congress could open the door to anti-gay bullying, hate speech, and aggressive proselytizing inside the US military.

Earlier this week, the Senate and House Armed Services committees reached an agreement on the National Defense Authorization Act, allotting $625 billion in military spending for fiscal year 2014. And on Thursday, the House passed it by a 350-69 margin. While the measure enjoys broad congressional support, gay-rights advocates are concerned about the revamped “conscience clause,” a variation of which appeared in the version of the bill that the House passed in June. Below is the text:

Except in cases of military necessity, the Armed Forces shall accommodate the beliefs, actions, and speech of a service member and chaplain reflecting the service member’s or chaplain’s conscience, moral principles or religious beliefs, and in so far as practicable, would prohibit use of such beliefs, actions, or speech as the basis for any adverse personnel action, discrimination, or denial of promotion, schooling, training or assignment.

Critics argued that extending the protections to “actions, or speech” would allow service members to lash out at those whose faith, sexual preference, or lifestyle they opposed on religious ground, and to aggressively proselytize. (Some military institutions, particularly the Air Force Academy, have come under fire for allegedly forcing evangelical Christianity on recruits.) They also maintained that the provision would bar commanders from stepping in to prevent discrimination. In June, the White House issued a statement opposing the amendment on these grounds:

By limiting the discretion of commanders to address potentially problematic speech and actions within their units, this provision would have a significant adverse effect on good order, discipline, morale, and mission accomplishment… If the bill is presented to the President for approval in its current form, the President’s senior advisers would recommend that the President veto the bill.

The version of the defense authorization bill that the House and Senate agreed on this week has a somewhat milder conscience clause:

Unless it could have an adverse impact on military readiness, unit cohesion, and good order and discipline, the Armed Forces shall accommodate individual expressions of belief of a service member and chaplain reflecting the service member’s or chaplain’s conscience, moral principles or religious beliefs, and in so far as practicable, would prohibit use of such expressions of belief as the basis for any adverse personnel action, discrimination, or denial of promotion, schooling, training or assignment.

While the new language gives commanders more latitude, it still limits their ability to intervene. And the provision still protects “expressions of belief,” which naturally includes action and speech–meaning it could still be a license to discriminate.

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate