National
DOJ appeals lesbian Air Force officer’s reinstatement
But Witt able to resume service in U.S. military
The Obama administration is appealing a federal district court’s decision to reinstate back into the U.S. Air Force a lesbian nurse who was discharged under “Don’t Ask, Don’t Tell.”
On Tuesday, the U.S. Justice Department filed an appeal notice with the U.S. Ninth Circuit Court of Appeals asking the appellate body to reconsider a decision by a Washington State district court to allow Maj. Margaret Witt back into the Air Force.
The three-page notice gives no explanation for why the Obama administration is appealing Witt v. Air Force and simply states that “notice is hereby given” that the Justice Department has made the filing.
In September, U.S. District Court Judge Ronald Leighton ruled that Witt, who was discharged in 2006 after serving in the Air Force for 19 years as a flight nurse, should be allowed back into the military.
White House Press Secretary Robert Gibbs said in a statement the administration filed the appeal as it “traditionally does when acts of Congress have been held unconstitutional,” but said this filing “in no way diminishes” President Obama’s commitment to repealing “Don’t Ask, Don’t Tell” legislatively this year.
“Indeed, it clearly shows why Congress must act to end this misguided policy,” Gibbs added.
Gibbs said the president and administration officials “have been working with the Senate” to move forward during the lame duck session with passage of the fiscal year 2011 defense authorization bill, which contains repeal language.
But Jon Davidson, legal director for Lambda Legal, blasted the Obama adminstration for appealing to a higher court the decision to reinstate Witt.
“Notwithstanding President Obama’s concession that the military’s current anti-gay policies are hurting national security, his administration is continuing to pursue the discharge of a decorated officer who did not ‘tell,’ who would not have even been investigated under the military’s current guidelines, and whose discharge has been found not to promote unit cohesion or morale,” Davidson said.
Davidson called the decision to appeal the district court’s ruling — in addition to not suspending discharges pending review of “Don’t Ask, Don’t Tell — a “significant failure on the part of our nation’s Commander in Chief.”
Doug NeJaime, who’s gay and a law professor at Loyola Law School, said he thinks the decision to appeal the Witt ruling is consistent with the Obama administration’s decision to appeal U.S. District Court Judge Virginia Phillip’s recent ruling that struck down “Don’t Ask, Don’t Tell.”
“So just as the government is appealing the substance of Judge Philip’s decision …, the government is appealing the substantive decision here as well,” NeJaime said. “While disappointing, it is in some ways consistent with the appeal in Log Cabin Republicans.”
In a statement, Witt said she’s “thrilled” to be able to resume her service in the Air Force and said the people in her unit “are like family members.”
“Thousands of men and women who are gay and lesbian honorably serve this country in our military,” she said. “Many people forget that the U.S. military is the most diverse workforce in the world — we are extremely versed in adaptation.”
According to the ACLU of Washington, which represented Witt in the litigation, Witt will be the first openly gay person to serve in the military due to a court order.
NeJaime said he thinks the Obama administration’s decision not to seek a stay on Witt’s reinstatement as it appeals the case is the result of pressure to repeal “Don’t Ask, Don’t Tell.”
“Given all the pressure on the administration in light of the failed attempts to repeal [‘Don’t Ask, Don’t Tell’], it seems appropriate that the government would not seek to prevent Major Witt’s service pending appeal,” NeJaime said.
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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