After his comments on “legitimate rape” and abortion, and his defeat in the U.S. Senate race, Missouri Congressman Todd Akin may be going out with one last controversy.

Rep. Akin has an amendment attached to the 2013 National Defense Authorization Act, a religious “conscience clause,” which would undermine the repeal of the military’s “Don’t Ask, Don’t Tell” policy. The House passed the bill, with Akin’s clause in it, in May while the Senate passed a version of the bill without the Akin clause this month.

The clause would allow service members to avoid punishment on the basis of their religious beliefs “concerning the appropriate and inappropriate expression of human sexuality.