House Republicans have inserted anti-LGBTQ language into a $66 billion must-pass funding bill for the U.S. Department of Homeland Security, effectively granting civil immunity under federal law to individuals and organizations that discriminate against same-sex couples—by citing a religious or moral belief that marriage should be limited to one man and one woman. It also bans the federal government from taking a range of actions against those who hold and act on anti-same-sex marriage beliefs.

Section 544 bans the use of federal funds to take any “discriminatory action” against someone who cites their “sincerely held religious belief” or “moral  conviction” that marriage is only “a union of one man and one woman.”

A portion of the provision exactly matches language U.S. Rep. Chip Roy (R-TX) urged the House Appropriations Committee to include in 2023 legislation. Rep. Roy cited praise from anti-LGBTQ hate group leader Tony Perkins and other anti-LGBTQ activists in his press release urging inclusion of the amendment in a 2023 bill. It is not known who drafted or approved the current 2025 provision.

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Journalist Jamie Dupree, who writes Regular Order at Substack, first reported on the provision in the DHS funding bill.

The language could prohibit the government from withholding federal funds from a federally-funded religious school that fired a teacher who supports same-sex marriage. It could block the IRS from revoking the tax-exempt status of organizations that promote the belief that marriage is only between one man and one woman. It could ban the federal government from taking action against a hospital that receives federal funds if it refused certain services in some cases.

While the language is not found in The Heritage Foundation’s Project 2025, some of the core principles in Section 544 echo its recommendations.

Project 2025 calls on the federal government to “Protect faith-based grant recipients from religious liberty violations and maintain a biblically based, social science–reinforced definition of marriage and family,” and “Provide robust protections for religious employers,” while it denounces “the bullying LGBTQ+ agenda.”

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Image via Shutterstock

Pete Hegseth, the former Fox News weekend co-host, angrily vowed that his battle to become Donald Trump’s Secretary of Defense would not be “tried in the media,” but that is exactly what Hegseth and his allies are doing — and they’re attacking the reputation and credibility of America’s Armed Forces to make their case.

“I don’t answer to anyone in this group,” Hegseth told reporters on Thursday.

“None of you, not to that camera at all,” he said, as he began pointing. “I answer to President Trump, who received 76 million votes on behalf — and a mandate for change. I answer to the 50 — the 100 — senators who are part of this process and those in the committee, and I answer to my lord and savior. And my wife and my family.”

Earlier on Thursday, Hegseth in a social media post (below) attacked the U.S. Military and the current Secretary of Defense, Lloyd Austin, a decorated combat veteran who fought in two wars.

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“Maybe it’s time for a @SecDef who has… Led in combat. Been on patrol for days. Pulled a trigger. Heard bullets whiz by. Called in close air support. Led medevacs. Dodged IEDs. And understands—to his core—the power of this photo…because he’s been on that knee before.”

Hegseth was excoriated.

“Odd post,” remarked award-winning journalist Kevin Baron, the former Executive Editor at Defense One. “Lots of confrontational bravado but …the current SecDef Lloyd Austi[n] has literally done this and way, way more, leading larger and larger military commands all the way from West Point to the entire Iraq War and as COCOM… while Hegseth was a TV pundit.”

The Washington Post’s Dan Lamothe, who covers the U.S. Military, added, “This basic description also applies to Lloyd Austin, Jim Mattis, and Chuck Hagel,” all current or former Secretaries of Defense.

Moe Davis, the retired U.S. Air Force colonel, attorney, educator, politician, and former administrative law judge, quipped: “Maybe it’s time for a SECDEF who doesn’t have to pledge he won’t get knee-walking drunk if he’s confirmed and doesn’t have to get his mommy to go on TV to say ‘he’s no longer the reprehensible pervert he was a couple of years ago’ now that he’s the SECDEF nominee.”

This describes 3 of our last 5 Defense Secretaries. The difference between them and you?

They know how to be a leader. pic.twitter.com/wlR9Eu7Ifi

— Protect Kamala Harris ✊ (@DisavowTrump20) December 5, 2024

Among the common attacks from Hegseth and his supporters is the claim the U.S. Armed Forces is no longer the world’s most lethal fighting force.

U.S. Senator Dan Sullivan made that suggestion to support Hegseth late last month.

“We need to get back to the core mission of the Dept. of Defense. That’s lethality. That’s winning wars. That’s peace through strength,” he declared. “I saw first-hand some of the woke stuff that was happening with regard to the Biden administration. You now, you had a Secretary of the Navy who was more focused on climate change than ship building. One of President Biden’s first executive orders wasn’t focused on lethality, winning wars, it was focused on transgender surgery for active duty troops!”

Sullivan insisted that America needs to “create the most lethal force in the world to deter wars and I think Pete Hegseth is very focused on that and I think that is a refreshing change, a critical change.”

“Lethality” appears to be Hegseth’s marching order, under the implication that America’s military is not lethal—a direct assault on the credibility of the Armed Forces.

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“That’s what Donald Trump asked me to do: ‘Your job is to bring a war fighting ethos back to the Pentagon. Your job is to make sure that it’s lethality, lethality, lethality,’” Hegseth said Wednesday, CNN reported. “Everything else is gone. Everything else that distracts from that shouldn’t be happening.”

“Rather than leaning into controversial policies he has supported, such as banning women from combat roles, Hegseth told senators that his aim is to ‘make this military lethal again,’ the [transition team] official said.”

U.S. Senator Katie Britt (R-AL) also promoted the harmful suggestion that America’s fighting forces are no longer lethal.

“I enjoyed meeting with @PeteHegseth and hearing about his plans to achieve President Trump’s peace through strength agenda,” she wrote Thursday. “He is committed to putting our warfighters in the best position and returning the Pentagon’s focus to our force’s lethality.”

On Friday, Vice President-elect JD Vance continued the attack on America’s Armed Forces.

“For too long, the Pentagon has been led by people who lose wars. Pete Hegseth is a man who fought in those wars,” he declared, ignoring the history of highly-decorated warriors in charge of the Pentagon, including Secretary Austin.

U.S. Senator Kevin Cramer (R-ND) has been all-in on Hegseth and even suggested it’s time America overlook detrimental allegations—including Hegseth’s—for Senate-confirmable nominees.

On Thursday, on Fox Business he suggested that Hegseth’s accusers might be fictional. And he described Hegseth as “a warrior’s warrior. He’s somebody that the rank and file military men and women can look to and go ‘finally there’s somebody at the helm that represents us, not just the guys with stars on their shoulders.'”

.@SenKevinCramer: Pete Hegseth “is a warrior’s warrior. He’s somebody that the rank and file military men and women can look to and go ‘finally there’s somebody at the helm who represents us. Not just the people who have stars on their shoulders.'” pic.twitter.com/pE6W6WnPwp

— Trump War Room (@TrumpWarRoom) December 5, 2024

Secretary of Defense Lloyd Austin’s bio from 2017, when he was given the Distinguished Graduate Award by the West Point Association of Graduates, includes this accolade: “Called a warrior and a ‘Soldier’s Soldier’ by many.”

See the social media post and video above or at this link.

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Image via Reuters

The passing of U.S. Senator Dianne Feinstein, a Democrat who served the people of California since 1970 in numerous roles, first at the local level, then as a Senator and Chair of powerful Committees, raises many questions about the future, including: What will Republicans, and especially Senate Minority Leader Mitch McConnell, do? Will Democrats be able to replace her on the Senate’s powerful Judiciary Committee and Rules Committee?

Senator Feinstein’s role on the Judiciary Committee for much of this year has been in the news, largely due to her ill health. Some have said the narrow Democratic majority in the Senate and on the Judiciary Committee prevented her from resigning.

There are more Republicans in the Senate (49) than Democrats (48, until Feinstein’s passing), but the three independents who generally vote with Democrats gave them a 51 vote “majority,” with the Senate President, Vice President Kamala Harris, casting the tie-breaking vote 31 times, as of July. Her 31st tie-breaking vote is matched only by one other Vice President, who also cast a total of 31 tie-breaking votes.

What happens now?

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Does President Biden’s historic pace of appointing judges – more than the last three presidents at this point in their tenure, end, at least until 2025? As of July, President Biden has nominated and had confirmed more Black women judges (13) than all other U.S. President combined, and placed on the federal bench 44 Black judges in total. Does than also grind to a halt? He has placed on the federal bench at least 27 Hispanic judges.  Earlier this year President Biden nominated two more Hispanic women judges. UC Santa Barbara’s The American Presidency Project noted, “if both are confirmed, President Biden will have confirmed more Latina circuit judges than any President in history.” It also noted, Biden “has nominated 27 AA and NHPI individuals to federal judgeships and 20 have been confirmed. This includes six AA and NHPI circuit court judges.”

And what happens if a U.S. Supreme Court Justice dies or retires?

In April, PBS NewsHour reported, “Republicans blocked a Democratic request to temporarily replace California Sen. Dianne Feinstein on the Senate Judiciary Committee Tuesday, leaving Democrats with few options for moving some of President Joe Biden’s stalled judicial nominees.”

“South Carolina Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee, objected to a resolution offered by Senate Majority Leader Chuck Schumer that would have allowed another senator to take Feinstein’s place on the panel while the Democrat recuperates from a case of shingles. Republicans have argued that Democrats only want a stand-in to push through the most partisan judges, noting that many of Biden’s nominees have bipartisan support and can move to the Senate floor for a vote.”

Minority Leader McConnell also made clear his objections at the time.

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“’Let’s be clear,’ said McConnell in remarks on the Senate floor. ‘Senate Republicans will not take part in sidelining a temporarily absent colleague off a committee just so Democrats can force through their very worst nominees.'”

Given McConnell’s history, including refusing to even allow then-President Barack Obama’s nominee to the U.S. Supreme Court to get a confirmation hearing, much less an up-or-down vote, it might seem unlikely he will allow Senator Feinstein to be replaced on any Committee.

But, NewsHour’s April reporting may now give Democrats some hope.

“If Feinstein were to resign immediately, the process would be much easier for Democrats, since California Gov. Gavin Newsom would appoint a replacement. The Senate regularly approves committee assignments for new senators after their predecessors have resigned or died. But a temporary replacement due to illness is a rare, if not unprecedented, request.”

Sen. Feinstein also served on several powerful Committees, including Intelligence, Appropriations, and especially the Rules Committee.

Will Republicans allow Senator Feinstein’s replacement to serve on Judiciary, and the other Committees as well?

California’s Democratic Governor Gavin Newsom “must now appoint someone to the U.S. Senate ahead of next year’s election. He has long said he would appoint a Black woman if Feinstein did not finish her term, but he recently specified on ‘Meet the Press’ that he would do so as an ‘interim appointment,'” The San Francisco Chronicle reported Friday. “Only one of the top three candidates to replace Feinstein, Rep. Barbara Lee of Oakland, is a Black woman. Polls have shown Lee trailing two opponents, Reps. Katie Porter, D-Irvine, and Adam Schiff, D-Burbank.”

“Republicans have said they would block Democrats from replacing Feinstein on the committee, which must approve President Biden’s judicial nominees,” The Chronicle added. “Newsom has said that without her, Democrats — losing their committee majority — might not be able to get any more federal judges through Congress this term.”

“’I have to remind my friends and progressive colleagues,’ Newsom told reporters last month, ‘if she does resign and the governor, I guess me, appoints someone, we may not get another federal judge out of the Judiciary Committee.’”

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Some experts disagree with “conventional wisdom.”

“The claim that Republicans can and will block DiFi’s [Senator Feinstein’s] replacement on the Senate Judiciary Committee was pulled out of thin air by Democrats seeking a pretext to defend her refusal to retire. It is almost certainly false, and it’s irresponsible to promote this claim as a certainty,” Slate’s Mark Joseph Stern, who writes about the courts and the law, said Friday.

“Democrats confirmed nearly 100 Biden judges with an evenly divided SJC [Senate Judiciary Committee],” Stern adds. “It just takes somewhat longer.”

Politico on Friday reported, “Democrats will need 60 votes to appoint a senator to fill Feinstein’s role on the Judiciary panel, meaning at least 10 Republicans would need to vote in favor of filling Democrats’ majority on the panel, assuming they move to do so before someone is appointed to the California Senate seat.”

“Senators are typically assigned to committees by unanimous consent, but such orders are subject to debate and can be filibustered. Republican senators could slow, or stop, Democrats from filling the Judiciary roster,” Politico added. “The panel, under Democratic control, has been advancing scores of judicial nominations that Republicans object to. Leaving the panel short one Democratic vote would hamper the majority’s steady confirmation of President Joe Biden’s nominees.”

Back in June, amid clamor from some progressives for Sen. Feinstein to step down, U.S. Senator Sheldon Whitehouse (D-RI) warned, “The fact is simple: if Senator Feinstein resigns, Mitch McConnell gets to decide whether Democrats have a Senate Judiciary majority.”