National
Clement to defend DOMA with different firm
Att’y resigns after King & Spalding drops defense of anti-gay law
The private attorney that U.S. House Speaker John Boehner (R-Ohio) hired to help defend the Defense of Marriage Act in court is set to litigate in favor of the anti-gay law at a different firm after his earlier employer withdrew from participation in defending the statute.
According to a resignation letter obtained by the Washington Blade and other media outlets, Paul Clement, who served as U.S. solicitor general for former President George W. Bush, will take up defense of DOMA at Bancroft LLC now that he left his previous employment at King & Spalding.
“I recognized from the outset that this statute implicates very sensitive issues that prompt strong views on both sides,” Clement writes. “But having undertaken the representation, I believe there is no honorable course for me but to complete it. If there were problems with the firm’s vetting process, we should fix the vetting process, not drop the representation.”
Robert Hays, Jr., chair for King & Spalding, said in a statement earlier in the day that the firm decided to drop facilitation of legal defense of DOMA on Monday after determining the vetting process for taking up defense of the 1996 law, which prohibits federal recognition of same-sex marriage, was inadequate.
“In reviewing this assignment further, I determined that the process used for vetting this engagement was inadequate,” Hays said. “Ultimately I am responsible for any mistakes that occurred and apologize for the challenges this may have created.”
Brendan Buck, a Boehner spokesperson, said the speaker is disappointed that King & Spalding decided to drop defense of DOMA, but is happy Clement is set to continue to work to defend the statute at a different firm.
“The speaker is disappointed in the firm’s decision and its careless disregard for its responsibilities to the House in this constitutional matter,” Buck said. “At the same time, Mr. Clement has demonstrated legal integrity, and we are grateful for his decision to continue representing the House. This move will ensure the constitutionality of this law is appropriately determined by the courts, rather than by the president unilaterally.”
Buck said the House will execute a new contract with Clement to keep him on retainer, but the terms of the contract will be the same as they were when Clement was employed at King & Spalding: a blended rate of $520 an hour and an initial total sum that could reach $500,000.
Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), said the Democratic leader shares King & Spalding’s concerns about the lack of transparency and accountability in the way the contract was executed.
“She also vigorously opposes using half a million taxpayer dollars or any taxpayer resources to defend discrimination, at a time when Republicans in Congress are cutting critical initiatives like education and infrastructure,” Hammill said. “It is now more critical than ever that Speaker Boehner fully account for his decision to sign this half million dollar contract to defend this indefensible statue.”
House general counsel Kerry Kircher contracted with Clement for assistance with defending DOMA in court after the House Bipartisan Legal Advisory Group in March voted 3-2 along party lines to take up defense of the anti-gay law in court. On Feb. 23, U.S. Attorney General Eric Holder announced that President Obama had determined that DOMA was unconstitutional and that the Justice Department would no longer defend the law in court.
Praise for King & Spalding’s decision to drop defense of DOMA came from LGBT advocates on Monday.
Joe Solmonese, president of the Human Rights Campaign, said the firm made the right the decision by discontinuing its agreement to litigation on behalf of the anti-gay law.
“King & Spalding has rightly chosen to put principle above politics in dropping its involvement in the defense of this discriminatory and patently unconstitutional law,” Solmonese said. “We are pleased to see the firm has decided to stand on the right side of history and remain true to its core values.”
On Friday, HRC announced its was launching a campaign to inform clients and potential recruits about King & Spalding’s decision to defend DOMA. Among the components of the planned campaign were ads in mainstream and legal publications, titled “Shame,” which would have featured stories of families affected by the anti-gay law.
Richard Socarides, president of Equality Matters, also praised King & Spalding for recognizing that its participation in the legal defense of DOMA was unacceptable.
“All Americans deserve access to an attorney, but attorneys need to be held accountable for the clients they voluntarily decide to represent,” Socarides said.
Socarides added that Boehner’s decision to hire King & Spalding was unnecessary because the speaker has “an army of in-house legal talent” that could represent his position in favor of DOMA in court.
“If he is serious about cutting the deficit he needs to look to his in-house counsel to represent him in these proceedings, instead of spending taxpayer dollars for a service already provided to his office,” Socarides said.
Pennsylvania
Pa. House passes bill to codify marriage equality in state law
Governor supports gay state Rep. Malcolm Kenyatta’s measure
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.”
BREAKING: The Pennsylvania House just passed @RepKenyatta's bill to codify marriage equality into law in PA — and they did it with broad bipartisan support.
— Governor Josh Shapiro (@GovernorShapiro) March 25, 2026
Here in Pennsylvania, we believe in your freedom to marry who you love. Today, the House has stepped up to protect that…
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
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.
Federal Government
Markwayne Mullin confirmed as next DHS secretary
Okla. senator to succeed Kristi Noem
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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