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Pressure builds on Obama to address “Don’t Ask” in State of the Union

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President Obama is facing increased pressure from opponents of “Don’t Ask, Don’t Tell” to address how he’ll tackle his pledge to overturn the law in his upcoming State of the Union speech.

Those seeking end the 1993 law banning gays from serving openly in the U.S. military are looking to Obama to discuss on Wednesday his plans for overturning the ban this year.

Alex Nicholson, executive director of Servicemembers United, said he’s received “strong indications” that Obama will address “Don’t Ask, Don’t Tell” in his speech, but said he doesn’t believe the president “will go as far as some in our community would like.”

“There is some strategic risk involved in mentioning ‘Don’t Ask, Don’t Tell’ in the State of the Union address, but its inclusion will send a strong message that the White House is still serious about taking on the issue this year,” Nicholson said.

The Human Rights Campaign declined to comment on whether the inclusion of “Don’t Ask, Don’t Tell” in the State of the Union address prior to Obama’s speech.

On Wednesday, two prominent opponents of “Don’t Ask, Don’t Tell” — Sen. Kirsten Gillibrand (D-N.Y.) and former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili — issued a joint statement through the senator’s office reiterating their belief that now is the time for overturning the law.

Shalikashvili said a country “built on the principle of equality” should embrace “change that will build a stronger, more cohesive military.”

“It is time to repeal ‘Don’t Ask, Don’t Tell’ and allow our military leaders to create policy that holds our service members to a single standard of conduct and discipline,” he said.

Gillibrand was similarly critical of the ban and called it “an unjust, outdated and harmful rule that violates the civil rights of some of our bravest, most heroic men and women.”

“I’ve been working with my colleagues in Congress and other leaders to overturn this wasteful and destructive policy,” she said. “I am hopeful that President Obama will make this a top priority.”

Whether or not President Obama will address “Don’t Ask, Don’t Tell” during his State of the Union speech remains uncertain, although there are signs he will include it in his address.

On Monday, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters he had postponed a hearing on the issue initially set for this month because he was told Obama may talk about the ban in his State of the Union address.

And White House Press Secretary Robert Gibbs said during a press conference on Tuesday that discussions are underway about including plans for “Don’t Ask, Don’t Tell” in the speech.

The Palm Center, a think-tank for gays in the military at the University of California, Santa Barbara, on Tuesday issued an analysis on several ways that Obama could discuss “Don’t Ask, Don’t Tell” during the State of the Union address.

Christopher Neff, deputy executive director for the Palm Center, said in a statement the speech presents Obama with “the opportunity to announce the end of one of the most notorious policies of federal discrimination left standing in the United States.”

In one option outlined by the Palm Center, Obama could offer a legislative strategy to repeal “Don’t Ask, Don’t Tell.” The president could endorse standalone legislation that would overturn the law or announce he’ll include such language in the defense spending request he’ll send to Congress next month.

“This position would represent significant, but likely incremental, change,” the Palm Center states. “Repeal legislation faces hurdles to passage in 2010, but the President will have taken a major step forward with the base bill inclusion.”

Obama could also announce plans to change the execution of “Don’t Ask, Don’t Tell” administratively without an act from Congress, which would likely involve giving Defense Secretary Robert Gates additional discretion in implementing the policy in a way that would reduce discharges, according to the Palm Center.

“Under this calculus, there will not be any votes in the House or Senate on repeal in 2010,” the Palm Center states. “The judgment is that it is too difficult for many moderates and this likely means that repeal will not be included in the Defense Authorization base bill from the Pentagon.”

The third option for Obama in addressing “Don’t Ask, Don’t Tell,” according to the Palm Center, would be mentioning the law in passing or announcing support from military leaders without putting forward an affirmative strategy.

“This would represent the least embraced of the three potential options,” the Palm Center states.

Neff also suggested in the statement that how Obama addresses “Don’t Ask, Don’t Tell” during his State of the Union speech will set for tone for how Congress would handle hearings for the defense budget after the president’s request is made public.

Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen are set to give testimony on the fiscal year 2011 defense budget request on Tuesday in the Senate Armed Services Committee.

Bryan Thomas, spokesperson for the committee, said the hearing on the budget request isn’t in lieu of the “Don’t Ask, Don’t Tell” hearing initially set for January, but said it’s possible senators “will choose to ask” Mullen and Gates about the law.

Also bolstering pressure on Obama to announce his plans for “Don’t Ask, Don’t Tell” is a new report from the Williams Institute, a think-tank on sexual orientation at the University of California. The brief details the number of gays in the military and the cost of replacing them after they’ve been discharged under the ban.

Gary Gates, senior research fellow at the Williams Institute and study author, said in a statement that statistical information from the U.S. government shows gay, lesbian and bisexual Americans have a presence in the military.

“Despite official policy requiring that lesbians, gay men, and bisexuals remain silent about their sexual orientation, data from the U.S. Census Bureau suggest that an estimated 66,000 LGB men and women are serving in the U.S. military,” he said.

These 66,000 service members account for about 2.2 percent of military personnel, according to the Williams Institute. Of these troops, about 13,000 serve on active duty, constituting 0.9 percent of all active duty personnel, and nearly 53,000 serve in the National Guard and reserve forces, the study found.

The Williams Institute also found “Don’t Ask, Don’t Tell” has cost the federal government between $290 million and more than a half a billion dollars since its inception and that replacing discharged service members under the ban costs between $22,000 to $43,000 for each person.

Gates said ending “Don’t Ask, Don’t Tell” will “save a substantial amount of taxpayer dollars since estimates suggest that the policy has cost more than half a billion dollars.”

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Pennsylvania

Pa. House passes bill to codify marriage equality in state law

Governor supports gay state Rep. Malcolm Kenyatta’s measure

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Pennsylvania Capitol Building (Washington Blade file photo by Michael Key)

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.”

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Florida

DeSantis signs emergency bill that restores Fla. ADAP funding

Temporary funds to last through June 30

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Republican Florida Gov. Ron DeSantis (Screen capture/NBC News)

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.

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Federal Government

Markwayne Mullin confirmed as next DHS secretary

Okla. senator to succeed Kristi Noem

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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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