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Senate committee approves ‘Don’t Ask’ repeal

Bayh one of 16 senators voting for amendment

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The Senate Armed Services Committee took a significant step toward overturning “Don’t Ask, Don’t Tell” on Thursday by voting in favor of an amendment that would include repeal as part of defense budget legislation, according to sources.

On Thursday, various LGBT groups issued statements saying the Senate Armed Services Committee voted 16-12 in favor of attaching a repeal measure, sponsored by Sen. Joseph Lieberman (I-Conn.), as part of the fiscal year 2011 defense authorization bill.

The proceedings of the Senate Armed Services Committee were closed to the public and so couldn’t immediately be verified.

According to sources familiar with the deliberation, Sens. Ben Nelson (D-Neb.), Bill Nelson (D-Fla.), Robert Byrd (D-W.V.) voted in favor of the amendment. They had told media outlets earlier in the week they were planning to vote in the affirmative.

Sen. Scott Brown (R-Mass.) voted against the measure as he had earlier told the Boston Globe.

Sen. Evan Bayh (D-Ind.), who never made a public announcement indicating his position on the amendment, also voted in favor of the measure. Supporters of “Don’t Ask, Don’t Tell” repeal were expecting him to vote “yes.”

The sole Democrat who voted against the amendment was Sen. Jim Webb (D-Va.). He had earlier told media outlets he sees no need to preempt the “Don’t Ask, Don’t Tell” study currently at the Pentagon by voting in favor of repeal at this time.

Sen. Susan Collins (R-Maine) was the only Republican to vote in favor of repeal. Supporters of repeal were expecting her to be a “yes” vote on the amendment for some time.

While the Senate has taken action, the House has yet to attach similar language as part of its version of the defense budget legislation. The House is expected to take up the issue on the floor by Friday morning.

The legislative compromise adopted by the Senate committee would repeal “Don’t Ask, Don’t Tell” only after the Defense Department completes its study on the issue at the end of the year.

Additionally, the president and Pentagon leaders would have to certify that repeal won’t undermine military readiness — and 60 days would have to pass after this certification.

The measure also notably lacks the non-discrimination language for gay, lesbian and bisexual service members that was found in standalone versions of repeal legislation.

In a statement, Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the Senate committee approved “a historic roadmap” to open service.

Still, he cautioned gay, lesbian and bisexual service members against being open about their sexual orientation while serving in the armed forces.

“It is important for all gay and lesbian, active-duty service members, including the reserves and the national guard, to know they’re at risk,” Sarvis said. “They must continue to serve in silence under the ‘Don’t Ask, Don’t Tell’ law that remains on the books.”

Sarvis said he’s hopeful Congress and the Pentagon would be able to finalize repeal by “no later than the first quarter of 2011.”

In another statement, Joe Solmonese, president of the Human Rights Campaign, said the importance of the Senate vote “cannot be overstated.”

“This is the beginning of the end of a shameful ban on open service by lesbian and gay troops that has weakened our national security,” Solmonese said. “The stars are aligning to finally restore honor and integrity to those who serve our country so selflessly.”

Solmonese said Americans recognize that the sexual orientation of service members doesn’t matter so long as they “get the job done.”

“Those who wish to preserve discrimination in our military will continue to fight this progress but we will be there every step of the way to ensure that qualified men and women are allowed to serve their country, regardless of sexual orientation,” he said.

Alex Nicholson, executive director of Servicemembers United, also commended the Senate committee for what he said was taking historic action to end “Don’t Ask, Don’t Tell.”

“This initial victory today in the Senate Armed Services Committee is an historic first step forward in the drive to finally get the onerous ‘Don’t Ask, Don’t Tell’ law off the books forever,” Nicholson said. “All of us who have served under ‘Don’t Ask, Don’t Tell’ and who have been impacted by this law will remember this day as the beginning of the end for ‘Don’t Ask, Don’t Tell.’”

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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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