VA Will Offer Gender Confirmation Surgery

AP reports that at a PRIDE event in Orlando on Saturday, Veterans Affairs Secretary Denis McDonough announced that the VA is moving to offer gender confirmation surgery to transgender veterans:

McDonough said in prepared remarks that the move was “the right thing to do,” and that it was part of an effort to overcome a “dark history” of discrimination against LGBTQ service members. The move is just the first step in what’s likely to be a years-long federal rulemaking process to expand VA health benefits to cover the surgery, but McDonough said the VA will use the time to “develop capacity to meet the surgical needs” of transgender veterans.

Pastor's Suit Against VA Over Prayer Content Dismissed For Lack of Standing

In Youngblood v. United States Department of Veterans Affairs, 2017 U.S. Dist. LEXIS 156522 (MD FL, Sept. 25, 2017), a Florida federal district court dismissed for lack of standing a suit by a Baptist pastor who feared that VA officials would not allow him to offer prayers on VA property consistent with his religious beliefs.  At a memorial ceremony, Pastor Gene Youngblood offered an invocation specifically criticizing former secretary of State Hilary Clinton.  This led to a complaint that Youngblood had violated VA regulations that bar demonstrations or services on VA property that support or oppose current U.S. government policy. In dismissing Youngblood's suit seeking an injunction to prevent his future exclusion from VA property, the court said in part:

In short, the Complaint claims injury because Defendants will consider Pastor Youngblood's past noncompliance in determining whether to allow future ceremonies on VA property. While Pastor Youngblood claims the "threat of future exclusion of Plaintiff from VA property is both great and immediate" he fails to plead specific facts as to how that is so. Instead, Pastor Youngblood sets forth general and vague allegations regarding injury...

VA Updates Guidelines On Religious Exercise At Its Facilities

On Aug. 19, the Veterans Administration issued an internal memorandum (full text) updating its Policy Guidance on Religious Exercise and Religious Expression In VA Facilities.  The memo revises a 2014 Guidance.  A press release yesterday from the Chaplain Alliance for Religious Liberty welcomes the revision, saying in part:

This should make clear that churches may sing Christmas carols and distribute Christmas cards at VA hospitals. Further, veteran organizations may set up MIA/POW tables that include a sacred text.

Two House Members Object To VA Hospital Christmas Celebration Policies

The Marine Times reported yesterday that two members of Congress have written VA Secretary Eric Shinseki about incidents at three VA hospitals involving Christmas celebration policy. At a Texas VA hospital, a group of schoolchildren were not allowed to deliver handwritten cards with greetings such as "Merry Christmas" and "God Bless You."  VA officials say this involved a miscommunication, and that Christmas cards are permitted for patients who celebrate Christmas.  At an Alabama hospital, goodie bags with Christmas cards were allowed only to the extent they met the hospital's requirement that only secular gifts can be distributed broadly to veterans.  Finally, at a Georgia hospital, carolers were allowed to sing at public performances only from an approved list of songs.  Officials said that more private space was available for carolers to sing more religious songs for veterans who choose to attend. Alabama Rep. Martha Roby, one of those complaining wrote in part that she was concerned about "the culture of bureaucracy at the VA [that] would encourage facility administrators to err on the side of suppressing religious expression and discouraging acts of kindness toward veterans." Rep. Jeff Miller, House Veterans' Affairs Committee chairman,  wrote to Shinseki arguing that since Christmas is a federal holiday, VA may be violating veterans' rights by barring them from celebrating it.