National
Obama administration requests stay of ‘Don’t Ask’ injunction
Request made with California district court
The Obama administration on Thursday requested a stay with a California federal court against a recently issued injunction prohibiting enforcement of “Don’t Ask, Don’t Tell,” according to documents obtained by the Blade.
In the notices, the U.S. Justice Department seeks a stay from U.S. District Court Judge Virginia Phillips, who issued the injunction on Tuesday, under the presumption that the Obama administration will appeal the ruling to the U.S. Ninth Circuit Court of Appeals.
“Defendants request that the Court issue an order to stay pending appeal of its Order, dated October 12, 2010 (Doc. 252), permanently enjoining enforcement of the ‘Don’t Ask, Don’t Tell’ (DADT) statute, 10 U.S.C. § 654, and implementing regulations,” one notice states.
The Justice Department asks that the district court issue a stay before Monday. If a stay is not yet entered by that time, the administration says it will seek such action from the Ninth Circuit.
On Tuesday, Phillips issued an injunction prohibiting the U.S. government from enforcing “Don’t Ask, Don’t Tell” in the wake of her court decision last month striking down the law. The Justice Department had 60 days from the time the injunction was issued to make an appeal to a higher court.
In a statement, Christian Berle, deputy executive director of Log Cabin Republicans, said he isn’t surprised the Obama administration is seeking a stay against the injunction. In 2004, his organization filed the lawsuit that led to the order.
“After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend ‘Don’t Ask, Don’t Tell,’” Berle said. “Log Cabin Republicans will continue to advocate on behalf of the American servicemembers who everyday sacrifice in defense of our nation and our Constitution. If this stay is granted, justice will be delayed, but it will not be denied.”
Dan Woods, an attorney with White & Case LLP, which represented Log Cabin in court, swore to fight against the stay to ensure open service in the U.S. military.
“Now that the government has filed a request for a stay, we will oppose it vigorously because brave, patriotic homosexuals are serving in our Armed Forces to fight for all of our constitutional rights while the government is denying them theirs,” Woods said.
One of the notices offers a litany of reasons why the injunction against “Don’t Ask, Don’t Tell” should be stayed. Some arguments are the injunction will “irreparably harm the public interest in a strong and effective military” and will require “a precipitous change in policy that threatens the public interest in a strong military.”
“The injunction forces the executive to immediately cease enforcing a statute enacted by Congress regarding military affairs, which alone creates harm justifying a stay,” the notice states. “The injunction also requires an immediate and dramatic change in policy without allowing time to do so in an orderly and comprehensive way.”
A footnote in the notice states that although President Obama opposes “Don’t Ask, Don’t Tell,” the administration feels compelled to defend the 1993 statute because it’s federal law.
“As the President has stated previously, the Administration does not support the [‘Don’t Ask, Don’t Tell’] statute as a matter of policy and strongly supports its repeal,” the notices states. “However, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Administration disagrees with a particular statute as a policy matter, as it does here.”
In a press conference Thursday, White House Press Secretary Robert Gibbs reiterated Obama’s opposition to “Don’t Ask, Don’t Tell,” but said Congress should be responsible for ending the statute.
“The president believes that this is a policy that undermines our national security, discriminates against those who would sacrifice their lives for their country, and is unjust; that the policy needs to be changed and should be changed,” Gibbs said. “His hope is that the Senate will take up the legislation pending before them to do just that, as the House of Representatives has already done.”
Officials in the Obama administration publicly expressed concern about the injunction against “Don’t Ask, Don’t Tell” this week.
According to the Associated Press, Defense Secretary Robert Gates told reporters Wednesday that abruptly ending “Don’t Ask, Don’t Tell” would have “enormous consequences” for U.S. service members. A Pentagon working group is examining the way to implement repeal of “Don’t Ask, Don’t Tell” and is expected to deliver a report to Gates by Dec. 1.
A co-founder of OutServe, a network for active duty LGBT service members, called Gates’ remarks”a direct attack against gay and lesbian military personnel” and denied there would be “enormous consequences” after lifting the ban on open service.
“The reality is unit cohesion is destroyed by directly making military members lie about themselves and that is a proven fact,” said the co-founder, who goes by the alias J.D. Smith because he currently serves in the U.S. military.
“By saying we would create ‘enormous consequences’ he [is] attacking us,” Smith continued. “No other group of currently serving military personnel would be attacked like this.”
In response to Gates’ comments, the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, issued a statement calling on Gates to identify the “enormous consequences” of ending “Don’t Ask, Don’t Tell” enforcement.
“Secretary Gates’ suggestion that ‘enormous consequences’ await any immediate implementation of openly gay service stands in stark contrast to the evidence from other foreign militaries,” said Aaron Belkin, director of the Palm Center. “Swift change and strong leadership were identified as the two key elements to this process. America is unique but we will not be the first nation to allow openly gay service, we will be the twenty-sixth.”
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
The Pennsylvania House of Representatives on Wednesday passed a bill that would codify marriage equality in state law.
House Bill 1800 passed by a 127-72 vote margin. Twenty-six Republicans voted for the measure.
The Republican-controlled Pennsylvania Senate will now consider the bill that state Rep. Malcolm Kenyatta (D-Philadelphia), who is the first openly gay person of color elected to the state’s General Assembly, introduced. Democratic Gov. Josh Shapiro supports the measure.
“Here in Pennsylvania, we believe in your freedom to marry who you love,” said Shapiro on Wednesday. “Today, the House has stepped up to protect that right.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
After the Florida Department of Health made huge cuts to the AIDS Drug Assistance Program in January, Republican Gov. Ron DeSantis has signed emergency legislation restoring HIV access to more than 12,000 Floridians.
Two months ago, as the Washington Blade reported, the Sunshine State cut the vast majority of those in ADAP by shifting the income levels required for eligibility — without following standard procedure when changing government policy outside of legislative or executive action.
The bill, signed by DeSantis on Tuesday, passed both chambers of the Florida Legislature unanimously and appropriates $30.9 million in emergency bridge funding through June 30, 2026. It restores Florida’s ADAP income eligibility to 400 percent of the Federal Poverty Level — the level it was prior to the January cuts. The legislation also requires the FDOH to submit detailed monthly financial reports to legislative leadership beginning April 1.
Under the old policy, eligibility would have been limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
“For 10 weeks, 12,000 Floridians living with HIV did not know if they could fill their next prescription. Today, they can,” Esteban Wood, director of advocacy and legislative affairs at AIDS Healthcare Foundation, said in a statement.
The detailed reports now required to be sent to legislative leadership must include all federal revenues and expenditures, including manufacturer rebates; enrollment figures by county and insurance status; prescription utilization by drug class; and any projected funding shortfalls. This is the first time the Legislature has required this level of financial transparency from the program.
DeSantis signed the legislation one day after a Leon County Circuit Court judge denied AIDS Healthcare Foundation’s request for an injunction to block the significant changes the DeSantis administration is making to the program, which it claims faces a $120 million shortfall for calendar year 2026.
AIDS Healthcare Foundation, a national organization focused on protecting and expanding HIV healthcare access and prevention methods, filed a lawsuit over the change in eligibility, arguing the Florida Department of Health did not follow the laid out path for formally changing policy and was acting outside established procedures.
Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AIDS Healthcare Foundation, none of these steps occurred.
The long-term structure of ADAP will be determined by the 2026–2027 fiscal year state budget, something that lawmakers have until June 30 to finish.
Federal Government
Markwayne Mullin confirmed as next DHS secretary
Okla. senator to succeed Kristi Noem
The U.S. Senate confirmed Markwayne Mullin as the next secretary of Homeland Security on Monday, as the agency continues to grapple with what lawmakers have described as a “never-ending” funding standoff, with Democrats attempting to withhold funding from one of the nation’s largest and most costly agencies.
Mullin — a Republican senator from Oklahoma, former mixed martial arts fighter, and plumbing business owner — was confirmed in a 54–45 vote. Two Democrats — U.S. Sens. John Fetterman (D-Pa.) and Martin Heinrich (D-N.M.) — sided with Republicans in supporting his confirmation.
The new agency head is expected to follow the policy direction set by President Donald Trump, emphasizing stricter immigration enforcement. This includes proposals to support immigration agents at polling sites and to cut funding to so-called “sanctuary cities.”
Mullin replaces Kristi Noem, who was fired earlier this month following a widely scrutinized 2-day congressional hearing on Capitol Hill.
During the hearing, Noem faced intense questioning over her response to several crises, including the fatal shooting of two American citizens in Minneapolis by U.S. Immigration and Customs Enforcement agents, a $220 million border security advertising campaign that featured her on horseback near Mount Rushmore amid one of the largest federal workforce reductions in U.S. history, and the federal response to major natural disasters such as the July 2025 Texas floods and Hurricane Helene in 2024.
Noem had previously drawn criticism for a series of policy decisions in South Dakota that broadly focused on restricting the rights of LGBTQ individuals. In 2023, she signed House Bill 1080, banning gender-affirming medical care for transgender minors. She also signed legislation and executive orders restricting trans athletes’ participation in women’s sports, as well as the state’s “Religious Freedom Restoration Act,” which critics argued enabled discrimination against LGBTQ individuals. Additionally, the state canceled contracts related to LGBTQ support services — including suicide prevention and health care navigation programs‚ and later agreed to a $300,000 settlement with trans advocacy group, The Transformation Project.
Despite her removal from DHS, Noem will remain in the Trump-Vance administration as a special envoy for the “Shield of the Americas,” an initiative aimed at promoting U.S. influence in the Western Hemisphere, including efforts to counter cartel networks, reduce Chinese influence, and manage migration.
The new head of DHS has served in Congress since 2013, in both houses of the federal legislature. While in the Senate and a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion. He led a group of lawmakers in urging the Administration for Community Living to reverse a rule requiring states to prioritize Older Americans Act services based on sexual orientation and gender identity, arguing the policy could have unintended consequences.
Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security. He was also among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the U.S. House of Representatives chamber on Jan. 6.
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