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LGBT non-discrimination rules proposed for housing

Obama administration vows strict enforcement in federal programs

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Shaun Donovan (Blade photo by Michael Key)

The U.S. Department of Housing and Urban Development proposed a new rule Thursday that would prohibit discrimination based on sexual orientation and gender identity in federally funded and federally regulated housing programs.

HUD Secretary Shaun Donovan, speaking on behalf of President Obama, said the sweeping new rule would cover a wide range of programs serving millions of Americans, including low-income subsidized housing and Federal Housing Administration (FHA) mortgage insurance programs.

“This is a fundamental issue of fairness,” Donovan said. “With this proposed rule, we will make clear that a person’s eligibility for federal housing programs is, and should be, based on their need and not on their sexual orientation or gender identity.”

HUD officials said that under standard rulemaking procedures, the proposed rule will be published in the Federal Register and open for public comment during a 60-day comment period. After that, the administration expects to finalize and fine-tune the rule and put it into effect, HUD officials said.

In a statement released Thursday, HUD said the proposed rule includes these main elements:

*It prohibits lenders from “using sexual orientation or gender identity as a basis to determine a borrower’s eligibility for FHA-insured mortgage financing.”

*It clarifies that “families” that are otherwise eligible for HUD programs, “may not be excluded because one or more members of the family may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such a relationship.”

*It prohibits owners and operators of HUD-assisted housing or housing whose financing is insured by HUD “from inquiring about the sexual orientation or gender identity of an application for, or occupant of, the dwelling, whether renter or owner-occupied. “

The HUD statement says the agency “is proposing to institute this policy in its rental assistance and home ownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.”

In a telephone news conference, Donovan said the new rule also requires applicants seeking federal housing grants for a wide range of housing programs to comply with state and local anti-discrimination laws that protect LGBT people in 21 states. He said the protections under this provision would cover 43 percent of the U.S. population.

He said HUD was also conducting a first-ever national study of discrimination against LGBT people in the rental and sale of housing. He said the study broadens HUD’s existing studies that regularly measure housing discrimination based on race.

Donovan and Deputy HUD Secretary Neil Coleman said HUD carefully reviewed various federal housing laws to determine where HUD could intervene to bar sexual orientation and gender identity discrimination under existing law.

The Employment Non-Discrimination Act (ENDA), an LGBT civil rights bill that has been stalled in Congress for nearly 20 years, does not include protections for housing related discrimination.

LGBT supportive members of Congress and mainline LGBT advocacy groups in Washington, like the Human Rights Campaign, have said an incremental approach of pushing first for legislation limited to employment protection represents the best way to achieve approval of such legislation.

Some LGBT activists have called for the immediate introduction of a broader LGBT civil rights bill that covers housing, public accommodations and other areas in addition to employment. So far, no lawmaker as introduced such a bill.

Most political observers say no LGBT supportive legislation is expected to emerge from Congress over the next two years because the Republican controlled House of Representatives would block the legislation.

HRC praised HUD’s proposed rule on LGBT housing discrimination. In a statement, it said the rule touches on some of the proposals in a package of 70 recommendations it submitted to the Obama administration two years ago aimed at improving the lives of LGBT people through executive action rather than legislation.

“The policies proposed today will help some of the most vulnerable people in our community and the nationwide survey will finally shed light on the discrimination LGBT people face every day in trying to make homes for themselves and their families,” HRC president Joe Solmonese said.

“Since the administration began, HRC staff have met and communicated with numerous federal agencies on how to implement these polices,” the HRC statement says. “Addressing discrimination in federal housing programs was part of HRC’s recommendations for HUD.”

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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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