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House GOP agrees to $500K hike in cost cap to defend DOMA

Boehner pledges to continue defending anti-gay law in court

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John Boehner, Speaker of the House, GOP, Republican, gay news, Washington Blade
John Boehner

House Speaker John Boehner has pledged to continue defending DOMA as litigation challenging the law has reached the Supreme Court (Blade file photo by Michael Key)

U.S. House Speaker John Boehner (R-Ohio) has pledged to continue defending of the Defense of Marriage Act at the Supreme Court as a newly public contract reveals House Republicans secretly agreed to raise the cost cap for doing so to $2 million.

A copy of the agreement obtained on Thursday by the Washington Blade and other media outlets reveals that House Committee on Administration Chair Dan Lungren agreed to raise the cost cap by $500,000. The news was first reported by Roll Call.

The agreement indicates Lungren signed the contract on Sept. 28. But Drew Hammill, a spokesperson for Pelosi, said House Democrats had only obtained a copy of it on Thursday — nearly three months later and after Election Day.

Asked by the Washington Blade before the news broke during his weekly news conference whether he backs raising the cost cap beyond $1.5 million, Boehner replied, “If the Justice Department is not going to enforce the law of the land, then Congress will.”

Boehner didn’t answer a follow up question to clarify whether he supports raising the cost cap to pay for defending DOMA as he ended the news conference. His initial response is misleading because the Obama administration has in fact continued to enforce DOMA at the same time as it has declined to defend the statute in court.

In February 2011, the Obama administration announced it would no longer defend Section 3 of DOMA against litigation because the president and U.S. Attorney General Eric Holder deemed the statute was unconstitutional. Following a party-line vote of the House Republican-led Bipartisan Legal Advisory Panel, Boehner directed House general counsel to take up defense of DOMA in the administration’s stead. The House Committee on Administration hired outside counsel to take the lead in defense of DOMA: Paul Clement, a U.S. solicitor general under former President George W. Bush.

Last week, the Supreme Court signaled it would take a case challenging the anti-gay law, Windsor v. United States, in addition to a lawsuit challenging California’s Proposition 8, Hollingsworth v. Perry.

Criticism against House Republicans for continued defense of DOMA came from both LGBT advocates and House Minority Leader Nancy Pelosi (D-Calif.).

In a statement, Pelosi rebuked Republicans for raising the cost cap to defend the anti-gay law and agreeing to do so secretly without informing House Democrats just before Election Day.

“Hiding this contract from voters in the midst of an election season was a cynical move at best, and a betrayal of the public trust at worst,” Pelosi said. “With Americans focused on the creation of jobs and the growth of our economy, Republicans should not be spending $2 million to defend discrimination in our country. We should be embracing our tradition of equality, advancing our promise of opportunity, and securing justice and equal rights for every American.”

Michael Cole-Schwartz, a spokesperson for the Human Rights Campaign, criticized Boehner for his refusal to answer a question about the expenses of defending DOMA during his news conference.

“The speaker has shown he will stop at nothing in continuing to waste taxpayer money in defending discrimination,” Cole-Schwartz said. “It’s telling though that he refused to answer the question about the exorbitant fees associated with his crusade as he must realize Americans can’t comprehend this waste of resources.”

The new agreement means House Republicans have twice raised the cost cap to defend DOMA, which was originally set at $500,000. The first time the cap was raised was on Sept. 29, 2011, when the cap was trebled to reach $1.5 million, and the second raise was apparently agreed to a full year later.

Technically, the new contract initially raises the cost cap to $1.65 million, but says after Oct. 1, 2012, the $1.65 million cap may be raised “from time to time” up to $2 million.

Notably, the contract also opens the door to raise the cost cap beyond $2 million, but says that won’t happen “without a written agreement between the parties with the approval of the chair of the committee.”

In October, House Democrats made public a report indicating that the House Bipartisan Legal Advisory Group has reached expenses totaling out to $1,447,996.73 over the course of fiscal years 2011 and 2012. At the time, the agreement to raise the cost cap to $2 million wasn’t previously known, so the news was reported as House Republicans nearly reaching the $1.5 million cost cap under the previous agreement.

The House Committee on Administration didn’t immediately respond to the Blade’s request to comment on raising the cost cap. In the Roll Call article, Lungren is quoted as saying he doesn’t know if the Supreme Court’s review of DOMA would force Republicans to raise the cap yet once more.

“I don’t know whether that would require more expenditure of funds, but it is a serious argument that has to be seriously dealt with,” Lungren reportedly said.

Lungren reportedly added that Clement’s workload may be more significant in the coming months because — in addition to taking up the constitutionality of DOMA — the Supreme Court has hired Vicki Jackson, a Harvard law professor, to argue that neither the Obama administration nor House Republicans have standing to petition the court in the litigation.

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Florida

Fla. Senate passes ‘Anti-Diversity’ bill that could repeal local LGBTQ protections

Bipartisan coalition urges Florida House to reject ‘extremism’ measure

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The Florida Capitol (Washington Blade photo by Yariel Valdés González)

The Florida Senate on March 4 voted 25-11 to approve an “Anti-Diversity in Local Government” bill that critics have called a sweeping and extreme measure that, among other things, could repeal local LGBTQ rights protections.

According to Equality Florida, a statewide LGBTQ advocacy organization, if approved by the Florida House of Representatives and signed by Republican Gov. Ron DeSantis, the bill “would ban, repeal, and defund any local government programming, policy, or activity that provides ‘preferential treatment or special benefits’ or is designed or implemented’ with respect to race, color, sex, ethnicity, sexual orientation, or gender identity.”

In a March 4 statement, Equality Florda added that the bill would also threaten city and county officials with removal from office “for activities vaguely labeled as DEI,” with only limited exceptions.

The Florida House was scheduled to vote on the bill on Monday, March 9, with opponents hopeful that a broad coalition of both Democratic and Republican lawmakers would secure enough votes to defeat the bill.

“Once again, Gov. DeSantis and Florida lawmakers are advancing one of the most sweeping and extreme bills in the country — this time threatening decades of local progress supporting diverse communities, including the LGBTQ community,” said Equality Florida Senior Political Director Joe Saunders. “This legislation is a sledgehammer aimed at cities and counties that recognize and address the diversity of the people they serve,” he said.

Among the LGBTQ organizations that could be adversely impacted by the bill is the highly acclaimed Stonewall National Museum, Archives and Library located in Fort Lauderdale.

Robert Kesten, the Stonewall organization’s president and CEO, told the Washington Blade the organization receives some funding from Broward County, in which Fort Lauderdale is located, and the city of Fort Lauderdale has provided support by purchasing tables at some of the museum’s fundraising events.

“Based on this legislation, hose things would be gone,” he said. “We also are based in a government building. So, we don’t know what potential side effects that could have.” He noted that the building in question is owned by Broward County and leased by Fort Lauderdale, with the bill’s vaguely worded provision making it unclear whether Stonewall would be forced to leave its building.

“It’s unknown, and we’re really in unchartered waters,” he said.

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13 HIV/AIDS activists arrested on Capitol Hill

Protesters demanded full PEPFAR funding

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Thursday arrested 13 HIV/AIDS activists in the Cannon House Office Building Rotunda.

The activists — members of Housing Works, Health GAP, and the Treatment Action Group — joined former PEPFAR staffers in demanding full funding of the program that President George W. Bush created in 2003. They chanted “AIDS cuts kill, PEPFAR now!” and unfurled banners from the Rotunda’s second floor that read “Trump and (Office of Management and Budget Director Russell) Vought kill people with AIDS worldwide,” “Over 200,000 deaths since January 2025,” and “Hands off PEPFAR” before their arrest.

(Washington Blade video by Michael K. Lavers)

This protest is the latest against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Secretary of State Marco Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Washington Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates. Zambia is among the nations in which the breakthrough HIV prevention drug has arrived.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought on Aug. 29, 2025, said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January announced an expansion of the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. The Council for Global Equality and other groups say the expanded rule will adversely impact HIV prevention efforts around the world.

A press release that Housing Works and Health GAP issued on Thursday notes more than $977 million “in appropriated PEPFAR funding for HIV prevention and treatment was unspent by the end of fiscal year (FY) 2025 — triple amount unspent at the end of FY 2024.”

“Activists predict this backlog will worsen rapidly in FY 2026 unless Congress immediately reasserts its Constitutionally-mandated oversight authority,” notes the press release.

The press release also indicates funding for the Centers for Disease Control and Prevention’s PEPFAR programs “will run out” by April 1 because “only 45 percent of their FY26 funding has been transferred from the State Department.

“Unless funding is transferred immediately, CDC’s global HIV programs across sub-Saharan Africa, Asia and the Caribbean will grind to a halt,” notes the press release.

The activists demanded Trump, Vought, Rubio, and Congress do the following:

  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs 
  • Immediately release already-appropriated, unobligated PEPFAR funds 
  • Break the blackout on PEPFAR data, so Congress and people with HIV know how funding is being spent and can program based on data  
  • Activists are calling for full obligation of appropriated PEPFAR funds and rejection of growing political interference in global and domestic HIV programs.

“PEPFAR has saved more than 26 million lives and changed the trajectory of an epidemic,” said Housing Works CEO Charles King. “However, the Trump administration’s decision, over the objection of Republicans in Congress, to freeze PEPFAR funding has caused decades of progress to come undone and has been a death sentence for people with HIV relying on life-saving treatment. The U.S. must immediately restore PEPFAR funding and regain our standing in the global fight against HIV.”

King is among the activists who were arrested.

(Washington Blade video by Michael K. Lavers)

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Texas

Talarico beats Crockett in Texas primary

Pro-LGBTQ seminarian hopes to turn seat blue

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Texas state Rep. James Talarico (Screen capture via James Talarico/YouTube)

Texas state Rep. James Talarico won a hard-fought primary Tuesday to become the state’s Democratic nominee for U.S. Senate, defeating U.S. Rep. Jasmine Crockett in one of the year’s most closely watched and competitive Democratic contests.

Talarico, a Presbyterian seminarian and three-term lawmaker from Round Rock, was declared the winner by the Associated Press early Wednesday morning after a closely tracked vote count that drew national attention.

“Tonight, the people of our state gave this country a little bit of hope,” Talarico told the AP. “And a little bit of hope is a dangerous thing.”

With 52.8% of the vote to Crockett’s 45.9%, Talarico secured the nomination outright, avoiding a runoff and capping months of sharp contrasts between the two candidates over strategy, messaging, and how best to compete statewide in Texas. Democrats hope the competitive primary — and the relatively narrow margin — signals growing momentum in a state that has not elected a Democrat to the U.S. Senate since 1988.

Talarico has long expressed support for the LGBTQ community, a position he highlights prominently on his campaign website. Under the “Issues” section, he directly addresses assumptions that might arise from his faith and background as a seminarian in a deeply conservative state.

“My faith in Jesus leads me to reject Christian Nationalism and commit myself to the project of democracy,” his website reads. “Because that’s the promise of America: a democracy where every person and every family — regardless of religion, race, gender, sexual orientation, or any other difference between us — can truly be free and live up to their full potential.”

Crockett struck a conciliatory tone following her defeat, emphasizing party unity ahead of November.

“This morning I called James and congratulated him on becoming the Senate nominee,” Crockett told Politico. “Texas is primed to turn blue and we must remain united because this is bigger than any one person. This is about the future of all 30 million Texans and getting America back on track.”

Talarico also drew national attention earlier in the race when “Late Show” host Stephen Colbert said he was initially unable to air an interview with the state legislator due to potential FCC concerns involving CBS. The episode sparked a broader political debate.

Brendan Carr, chair of the Federal Communications Commission, appointed by President Donald Trump, told reporters the controversy was a “hoax,” though he also acknowledged Talarico’s ability to harness the moment to build support as an underdog candidate. The interview was later released online and garnered millions of views, boosting Talarico’s national profile.

In November, Talarico will face the winner of the Republican primary between incumbent Sen. John Cornyn and Texas Attorney General Ken Paxton, who have been locked in a bruising GOP contest. Rep. Wesley Hunt was also in the Republican primary field. The GOP race is expected to head to a May runoff.

In a joint statement, Senate Minority Leader Chuck Schumer and Democratic Senatorial Campaign Committee Chair Kirsten Gillibrand praised Talarico’s victory and framed him as a candidate capable of broad appeal.

“As an eighth-generation Texan, former middle school teacher, and Presbyterian seminarian, James will be a fighter for Texans from all walks of life and of all political stripes,” they said. “In November, Texans will elect a champion for working people: James Talarico.”

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