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Murphy: Obama will ramp up efforts after ‘Don’t Ask’ report

Pa. lawmaker says repeal can happen this year

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Rep. Patrick Murphy (Blade photo by Michael Key)

The champion of “Don’t Ask, Don’t Tell” repeal in the U.S. House maintains that President Obama will provide the “full spectrum” of engagement in getting the military’s gay ban repealed once the Pentagon completes its report on the issue.

In an interview Tuesday with the Washington Blade, Rep. Patrick Murphy (D-Pa.) said Obama has been engaged in moving Congress to repeal “Don’t Ask, Don’t Tell” and that this effort will expand once the Pentagon working group report — due Dec. 1 — is complete.

“I think there are different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement,” Murphy said.

The first Iraq war veteran elected to Congress said he expects this “full spectrum of engagement” to come from not only the White House, but also the president’s “own Department of Defense.”

Murphy said he hasn’t seen a draft copy of the report, but noted media reports indicating that the study will be favorable to open service in the U.S. military. He said the study should have a positive impact on senators who’ve said they wanted to wait for the report before endorsing “Don’t Ask, Don’t Tell” repeal.

“The study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do,” Murphy said. “And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.”

Sen. Joe Lieberman (I-Conn.), the sponsor of repeal legislation in the Senate, and Sen. Susan Collins (R-Maine) sent a letter to the Pentagon on Monday calling for the report to be made available to members of Congress as soon as possible. The Human Rights Campaign issued a similar statement last week.

Asked whether he similarly thinks the report should be available now, Murphy replied, “I think they should release it as soon as it’s completely done.”

Murphy said he’s participated in discussions with Senate leadership and Senate Armed Services Committee Chair Carl Levin (D-Mich.) about moving forward with the fiscal year 2011 defense budget bill, which currently contains “Don’t Ask, Don’t Tell” repeal.

Still, the Pennsylvania lawmaker didn’t offer details on the discussions and characterized them only as “productive.”

Amid reports that talks are taking place to potentially strip the defense authorization bill of its repeal language, Murphy said Republicans have sought a bill without the “Don’t Ask, Don’t Tell” provision.

“I think that’s what the Republicans would like to see,” Murphy said. “But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal ‘Don’t Ask, Don’t Tell’ and put it on the president’s desk, so he can sign it into law.”

With limited time remaining this Congress, it’s possible lawmakers won’t repeal “Don’t Ask, Don’t Tell” this year, leaving Obama to come up with another game plan — perhaps non-congressional action such as a stop-loss order — to put an end to the gay ban.

But Murphy was reluctant to call on Obama to issue a stop-loss order to end discharges under “Don’t Ask, Don’t Tell” and maintained Congress can still repeal the law this year.

“Let’s cross that bridge when we get there,” he said. “Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.”

While seeing a path forward this year, Murphy doubts that Republican leadership in the 112th Congress will be willing to consider “Don’t Ask, Don’t Tell” repeal as part of its agenda.

Asked whether he thinks GOP leaders in the next Congress would be willing to address the issue, Murphy replied simply, “N0.”

During his time in Congress, Murphy has been seen as a leader for “Don’t Ask, Don’t Tell” repeal because of his work moving a measure that would end the ban through the U.S. House.

Murphy took up sponsorship of “Don’t Ask, Don’t Tell” repeal legislation last year, which at the time had about 150 co-sponsors, and gradually built support for the measure.

In May, the work paid off when Murphy submitted a repeal amendment to the House floor that passed by a vote of 234-194.

The work earned Murphy considerable support among the LGBT community in his bid for re-election. Still, he didn’t survive the Republican tide on Election Day and was defeated by his GOP opponent, Mike Fitzpatrick.

But Murphy said he isn’t going to “second guess” whether his leadership on “Don’t Ask, Don’t Tell” repeal contributed to his loss on Election Day.

“My dad taught me that if you don’t stand for something, you fall for anything,” Murphy said. “And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.”

Even with his loss, Murphy said he stands by other tough votes in his district, such his “yes” votes on the $787 billion stimulus package and health care reform.

“We stopped the worst recession from turning into a depression,” Murphy said. “As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.”

And what’s on Murphy’s docket once his term is complete at the end of the year?

“I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game,” Murphy said. “That’s the game plan.”

The transcript of the Murphy interview follows:

ON ELECTION RESULTS

Washington Blade: What’s your take on the election results on Nov. 2? Do you think that your leadership on “Don’t Ask, Don’t Tell” repeal contributed to your loss on Election Day?

Rep. Patrick Murphy: You know, I’m not going to second guess anything. My dad taught me that if you don’t stand for something, you fall for anything. And I was proud to stand for equality and for the troops and for national security, and I’ll continue to do so until I turn the keys over to this office on Jan. 3.

Blade: Why do you think you think you lost on Election Day?

Murphy: I think it was a tough year for Democrats, and I think my opponent ran a great campaign, and I’m proud of the support that we had, but it was an historic wave that we got caught up in, but … we’re going to continue to stand for middle-class families and for our country and do what’s right.

Blade: Is there anything over your past two terms in Congress that you regret? Anything that you think you could have done differently to win re-election?

Murphy: You know, I don’t live my life with regrets. There’s things here and there. I wish I would have played the lottery numbers differently on Saturday night. … We had an incredible time serving the families of my district and our country, and we helped protect 3,000 jobs, we helped end the war in Iraq, we helped move our country in a new direction. …

Blade: So the vote for the stimulus package, the vote for the health care bill — you stand by them today?

Murphy: Absolutely.

We stopped the worst recession since the Great — we stopped the worst recession from turning into a depression. As far as health care, there are millions of Americans that will now be covered, and that’s something that’s positive.

ON ‘DON’T ASK’ REPEAL IN LAME DUCK

Blade: How confident are you that Congress is going to be able to repeal “Don’t Ask, Don’t Tell” in the lame duck session?

Murphy: Well, we need the Senate to act. It’s in the Senate’s hands. We did our job over here in the House. I was proud to lead that effort and now we’re continuing to put the appropriate pressure on the Senate to do what’s right for national security.

We’re still in Afghanistan and Iraq and we cannot be forcing honorable men and women who are willing to take a bullet to keep our families safe to be thrown out just because they happen to be gay.

Blade: Are there any conditions that you think need to be met — anything that you think needs to happen — to muster enough support for the Senate to move forward?

Murphy: I think we’ll see — we need the senators, especially on the Republican side, to do what’s right for our troops, and I think it couldn’t be more clear. A lot of them said, “Well, let’s see what the study group says.” Well, the study group came back and said that this will not hurt national security, and the troops, like most Americans, see that it’s the right thing to do.

And so, now we need the senators over there who’ve been a roadblock to put the political games aside and do what’s right for our country.

Blade: Have you had conversations with Senate leadership or Senate Armed Services Committee Chair Carl Levin about moving forward with the defense authorization bill in lame duck?

Murphy: Yes.

Blade: How would you characterize those conversations?

Murphy: Productive.

Blade: What made them so productive?

Murphy: You’ll see.

Blade: How serious do you think this talk is of moving forward with the defense authorization bill with the “Don’t Ask, Don’t Tell” language stripped? Is that a serious option that’s on the table?

Murphy: I think that’s what the Republicans would like to see. But I think those of us in the House and 78 percent of the American people and those in the military currently serving want to see the Senate do what’s right and repeal “Don’t Ask, Don’t Tell” and put it on the president’s desk, so he can sign it into law.

Blade: You mentioned the media reports on the Pentagon study. Do you see that having an impact right now on influencing some senators who were on the fence in getting them to support “Don’t Ask, Don’t Tell” repeal?

Murphy: I hope so because they looked their constituents and the American public in the eye and said, “As soon as this working group comes back, we’ll do the right thing on what it says.” Well, the report came out, it shows how the American military feels that this is a non-issue and that there is … 26 other countries who allow their members to serve openly, and for the American troops, it’s offensive to them to think that they’re not as professional as 26 other countries.

So, hopefully, our senators recognize that and will do what’s right.

Blade: Have you seen the draft report?

Murphy: No.

Blade: Should the Pentagon release the report immediately — the official report? And, if they do that, what kind of impact do you think that would have on getting the ball rolling?

Murphy: I would like to read it, and I would like to see it, and I look forward to reading it.

Blade: But should they release that report immediately?

Murphy: I think they should release it as soon as it’s completely done.

ON THE OBAMA ADMINISTRATION

Blade: Do you think President Obama has been engaged in getting the Senate to move forward with “Don’t Ask, Don’t Tell” repeal in lame duck?

Murphy: Um, uh, yes.

Blade: What evidence do you see of him doing that?

Murphy:  Well, I think there’s different levels of engagement and, I think, once the report comes out, I think we’ll see the full spectrum of that engagement.

Blade: During a recent press conference, White House Press Secretary Robert Gibbs didn’t identify “Don’t Ask, Don’t Tell” repeal as among the legislative items the president wants to see in lame duck. Is that of concern to you?

Murphy: I think they were waiting for the report to come out. The report is days away from coming out officially — and not just excerpts of it that we’ve all read.

Blade: Is there anything more right now that the president could be doing to get the Senate to move forward with “Don’t Ask, Don’t Tell” repeal?

Murphy: I think once the report comes out we’ll see the full spectrum of engagement from — and the appropriate amount of engagement from the White House once that report comes out from his own Department of Defense.

Blade: Do you think Defense Secretary Robert Gates right now is being engaged in getting the Senate to move forward with the defense authorization with “Don’t Ask, Don’t Tell” repeal?

Murphy: I look forward to Gen. [Carter] Ham’s testimony on Thursday.

Blade: But do you think Secretary Gates is engaged?

Murphy: I look forward to Gen. Ham’s testimony on Thursday.

Blade: Do you think that this process — having a year-long study to examine “Don’t Ask, Don’t Tell” — was the appropriate way to address the issue? Do you think it jeopardized legislative efforts for repeal by leaving only a small window open for action in lame duck?

Murphy: Well, I think the premise behind the study was that — how we’re going to implement “Don’t Ask, Don’t Tell” [repeal], not if we’re going to repeal “Don’t Ask, Don’t Tell.” So, I think it’s interesting — to read that report and how we’re going to implement it.

But the reality of this is I think that we have time to act. We all serve until Jan. 3, and we need to get out there.

Blade: There’s also been some action in courts. A California federal court ruled “Don’t Ask, Don’t Tell” unconstitutional, and for eight days, had an injunction in place preventing enforcement of the law. Do you think it was a mistake for the Obama administration to appeal this ruling?

Murphy: Well, you know, it’s interesting. I actually met a soldier who went and enlisted after that injunction came out. And then, … he was going to get his physical and they had to withdraw.

I think that’s why it’s very clear that Congress needs to do its job and that we can’t punt this to the courts or to the White House. We need to get after it and finally repeal the law that Congress put into place 16 years ago. …

Blade: In the event that Congress doesn’t repeal “Don’t Ask, Don’t Tell” in lame duck, do you think the president should issue a stop-loss order to stop the discharges?

Murphy: Let’s cross that bridge when we get there. Now it’s still in the Congress’ domain to act and especially, specifically, the Senate’s domain.

ON THE NEXT CONGRESS

Blade: In the event that Congress can’t do it this year —

Murphy: Congress can do it this year. We all serve until Jan. 3.

Blade: Do you think the 112th Congress will be in an equal position to appeal “Don’t Ask, Don’t Tell” compared to the 111th Congress?

Murphy: I guess time will tell. We’ll see.

Blade: Do you think Republican leadership in the House will be willing to consider “Don’t Ask, Don’t Tell” repeal?

Murphy: No.

Blade: If this fight continues, can you recommend someone in the 112th Congress who can take up the mantle of “Don’t Ask, Don’t  Tell” repeal in the U.S. House?

Murphy: Let’s get it done in the 111th Congress now. …

ON HIS PERSONAL FUTURE

Blade: Once your term expires, what do you plan to pursue when you go back to Pennsylvania?

Murphy: I’m going to hug and kiss my kids and hopefully I’ll catch an Eagles game. That’s the game plan.

Blade: Is there an occupation that you intend to pursue?

Murphy: We’ll see.

Blade: Do you plan on continuing to be an advocate for open service in the military?

Murphy: I continue to plan on serving my country in some capacity and fighting for the lives that I believe in to make our country even greater.

Blade: And open service in the military is among them?

Murphy: Yes.

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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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