President Obama Signs Defense Funding Bill That Includes "Protections" For Anti-Gay Military Members & Clergy

Last night President Obama signed the funding authorization bill for the Department of Defense which includes "protections" against the punishment of military members and clergy who harass gay soldiers. Those so-called protections, sponsored by Rep. Todd Akin, were discussed here last month and were backed by GOP House members opposed to the repeal of DADT.  The president included a signing statement which indicates his objection to the anti-gay portion of the bill.

Section 533 is an unnecessary and ill-advised provision, as the military already appropriately protects the freedom of conscience of chaplains and service members. The Secretary of Defense will ensure that the implementing regulations do not permit or condone discriminatory actions that compromise good order and discipline or otherwise violate military codes of conduct. My Administration remains fully committed to continuing the successful implementation of the repeal of Don't Ask, Don't Tell, and to protecting the rights of gay and lesbian service members; Section 533 will not alter that.

In December the Washington Blade analyzed the anti-gay language of the bill.

Under the language, the U.S. military would have to “accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality” and may not use these beliefs as the basis of any adverse personnel action or discrimination. Additionally, it would prohibit the U.S. military from taking action against military chaplains who decline to serve a particular service member based on religious beliefs.

This language has been understood to mean service members could actively harass their fellow comrades for their perceived or actual sexual orientation without fear of reprisal. Additionally, it has been understood to mean that chaplains would have free rein to discriminate against service members on any basis — including religion, gender, sexual orientation, race or any other characteristic — simply by saying serving them is contrary to their beliefs.

Our enemies will surely call this a victory and I'll have their reactions later today as they arrive.

UDPATE: The ACLU has issued a reaction.

"The language is too broad," said Laura Murphy, director of the ACLU Washington Legislative Office, who cautioned that it could lead to claims of a right to discriminate. "We strongly support accommodating beliefs, so long as doing so does not result in discrimination or harm to others," Murphy said. "The hastily drafted provision, though, has the potential to give rise to dangerous claims of a right to discriminate against not just lesbian, gay, and bisexual service members, but also women, religious minorities, and in the provision of health care." In a signing statement that accompanied the NDAA, President Obama said his administration "remains fully committed to continuing the successful implementation of the repeal of Don't Ask, Don't Tell, and to protecting the rights of gay and lesbian service members" and that the Department of Defense, in implementing Section 533, will "not permit or condone discriminatory actions that compromise good order and discipline or otherwise violate military codes of conduct." Murphy said, "It is encouraging that the president recognizes why this provision is so problematic. Going forward, it is essential for the Department of Defense to ensure that no accommodation of religious belief or conscience can result in discrimination or harm to others."

House Republicans Push Bill Allowing Soldiers To Harass Gay Comrades

Rep. Todd "Legitimate Rape" Akin got booted out of Congress last month, but he's not leaving without one last attempt to insert a clause into the Defense Authorization Act that would allow anti-gay members of the military to harass gay soldiers without retribution. Via Chris Johnson at Washington Blade:

Under the language, the U.S. military would have to “accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality” and may not use these beliefs as the basis of any adverse personnel action or discrimination. Additionally, it would prohibit the U.S. military from taking action against military chaplains who decline to serve a particular service member based on religious beliefs.

This language has been understood to mean service members could actively harass their fellow comrades for their perceived or actual sexual orientation without fear of reprisal. Additionally, it has been understood to mean that chaplains would have free rein to discriminate against service members on any basis — including religion, gender, sexual orientation, race or any other characteristic — simply by saying serving them is contrary to their beliefs.

The Log Cabin Republicans respond via press release:

"Open service by gay and lesbian service members has been successfully integrated into the military. There is no call for intrusion by members of Congress pushing an agenda targeting service members and their families for discrimination," said R. Clarke Cooper, Log Cabin Republicans Executive Director, combat veteran and officer in the US Army Reserve. "Gay and lesbian service members, like all of our men and women in uniform, have real battles to fight. The last thing we need is Congressman Akin pulling us into a culture war through antigay amendments to the National Defense Authorization Act hiding behind religious freedom. Log Cabin Republicans call upon the NDAA conference committee to set these amendments aside and focus on ensuring that all service members have the necessary resources to maintain our nation's security."

The Senate has already passed its version of the bill without the anti-gay provisions.

Quote Of The Day - Todd Akin

(Via JMG reader A.J. Bockelman)

Todd Akin NOT To Speak At FRC Event

UPDATE: I've inserted a big NOT into the above headline:

Just minutes after Family Research Council President Tony Perkins told reporters and C-SPAN cameras that Rep. Todd Akin would attend the Values Voter Summit this weekend, officials from the FRC and the Akin campaign told TPM that’s actually not the case. Akin will not be at the Values Voter Summit, the annual social conservative confab that kicks off Friday. His absence spares Mitt Romney’s campaign potential embarrassment and association with Akin. Paul Ryan is scheduled to speak at the gathering on Friday.

Now Ann Romney AND Todd Akin have bailed on ole' Tony.

Legitimate Rape: The Country Song

Christian Super-PAC Calls On Romney To Denounce Karl "Kill Akin" Rove

"Congressman Akin made a misstatement on the subject of rape and conception for which he apologized. Apparently Karl Rove believes the apology is not enough and that Akin should pay with his life. Jokes about murder are not jokes when it comes to politicians where the risks of assassination are real. If Karl Rove does not immediately apologize to Congressman Akin then Presidential candidate Mitt Romney should publicly demand that he apologize. If Karl Rove refuses to apologize to Congressman Akin then Governor Romney should publically disassociate himself from the consultant and his super-PAC." - William Murray, head of Government Is Not God PAC. (Yes, that's its real name.)

Phyllis Schlafly Vs Karl Rove

"Karl Rove has made himself toxic to Republicans by his incredibly offensive and dangerous statement suggesting the murder of Congressman Todd Akin of Missouri. Any candidate or network who hires Rove will now be tarnished with this most malicious remark ever made in Republican politics. A private phone call by Rove to Akin to sort of apologize does not erase the public offense. At the very least Rove should make a public apology. But even that can’t wipe out his gross political mistake. Rove has been calling on Todd Akin to resign. but the one who should resign because he made an embarrassing, malicious and downright stupid remark is Karl Rove." - Phyllis Schlafly, quoted on World Net Daily, whose founder Joseph Farah is also calling for Rove to resign. Resign from what, exactly?

Karl Rove: I Should Kill Todd Akin

"We should sink Todd Akin. If he’s found mysteriously murdered, don’t look for my whereabouts!" - Karl Rove, speaking to major Republicans donors at an RNC breakfast yesterday. The audience, as you would predict, roared. Rove's Crossroads Super-PAC yanked all of its pro-Akin ads after the "legitimate rape" scandal caused Akin's poll numbers to plummet.