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Gillibrand to introduce adoption anti-discrimination bill

First time bill brought forward in Senate

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Sen. Kirsten Gillibrand (Blade photo by Michael Key)

Sen. Kirsten Gillibrand (D-N.Y.) is set to introduce legislation next week that would bar discrimination against prospective LGBT parents looking to adopt.

Gillibrand plans to introduce the legislation, known as the Every Child Deserves a Family Act, on Monday, according to her office. It would be first time the measure has been introduced in the Senate.

The bill would restrict federal funds for states if they have laws or practices allowing for discrimination in adoption on the basis of marital status, sexual orientation or gender identity.

In a statement, Gillibrand hailed her own state of New York for removing barriers in allowing LGBT parents to adopt and said other states should follow that example.

“New York is a leader on ensuring that any family can adopt children and sets a great example for the rest of the country,” Gillibrand said. “By removing all barriers for LGBT families to serve as foster parents, New York State has increased its foster parent pool by 128,000 prospective parents. This legislation would open thousands of new foster and adoptive homes to children ensuring they are raised in loving families.”

Original co-sponsors of the bill are Sens. John Kerry (D-Mass.), Bernie Sanders (I-Vt.), Patty Murray (D-Wash.), Al Franken (D-Minn.) and Frank Lautenberg (D-N.J.). The bill is currently being scored by the Congressional Budget Office and will likely be sent to the Senate Finance Committee.

The Washington Blade previously reported in March that Gillibrand intended to introduce the adoption anti-discrimination bill. She didn’t formally announce her intentions until Friday.

According to Gillibrand’s office, most states permit single LGBT parents to adopt, but some don’t allow LGBT couples to do so. Five states prohibit same-sex couples outright from adopting: Utah, Mississippi, Louisiana, North Carolina and Michigan. Additionally, six states ban same-sex parents from adopting their partner’s children.

More than two dozen states have no laws on adoption for prospective LGBT foster and adoptive parents. According to Gillibrand’s office, the lack of non-discrimination policies in these states leaves potential LGBT parents vulnerable to agencies and case workers’ biases.

Companion legislation is sponsored in the House by Rep. Pete Stark (D-Calif.). As of Friday, the legislation had 76 co-sponsors. Among them is one Republican: Rep. Ileana Ros-Lehtinen (R-Fla.).

In a statement, Stark praised Gillibrand for introducing the legislation in the Senate in time for the celebration of National Adoption Month in November.

“This legislation is about finding solid, permanent and loving homes for the 107,000 foster children waiting to be adopted,” Stark said. “That’s why 76 of my colleagues have joined me in sponsoring the House version.  It is time to put the best interests of children first and remove all discriminatory barriers in our child welfare system.”

President Obama hasn’t yet endorsed the legislation, but the White House has said it supports the goals of the bill.

Shin Inouye, a White House spokesperson, said, “The president has long believed that we must ensure adoption rights for all couples and individuals based on their interest in offering a loving home, not based on discriminatory and irrelevant factors. He recognizes that adoptive families come in many forms, and that we must do all we can to break down barriers to ensure that all qualified caregivers have the ability to serve as adoptive families. While we have not reviewed this specific legislation, we share its goals and hope that the dialogue moves forward on this issue.”

An estimated 400,000 children are in the U.S. foster care system, and more than 107,000 children are waiting for adoption. In 2010, nearly 28,000 youth nationwide “aged out” of the foster care system without finding parents.

Advocates praised Gillibrand for introducing the legislation and said it would help both LGBT parents and children seeking homes.

Jennifer Chrisler, executive director of the Family Equality Council, said the legislation would address what she referred to as the “child welfare crisis in our country.”

“More than one-third of the children in foster care could be placed with a family right now, but state laws are eliminating loving and qualified parents simply because of their sexual orientation, gender identity or marital status,” Chrisler said. “Our country cannot continue to deny these children forever families because of the flawed patchwork of state laws.”

Linda Spears, vice president of policy and public affairs for the Child Welfare League of America, joined those praising Gillibrand.

“Far too many children in foster care have little hope for a permanent family and end up being parented by the government,” Spears. “We must support all qualified adults who are interested in providing a nurturing, adoptive home — regardless of their marital status or sexual orientation.”

Jeff Krehely, director of the LGBT research and communications project at the Center for American Progress, said Gillibrand’s bill “would have a tremendous and positive impact on people who are LGBT and want to adopt.”

“More importantly, it would really help the hundreds of thousands of kids who are in the foster care system and need forever homes,” Krehely said. “Too many states have laws and regulations that create barriers for LGBT people to adopt, which means more of these kids need to wait a long time before finding a family. This law would remove those barriers and make sure state laws finally catch up to the facts: LGBT people are just as good at parenting as people who are not LGBT.”

The Every Child Deserves a Family Act is modeled after the Multi-Ethnic Placement Act of 1994 as amended in 1996, which similarly prohibits states from receiving federal funds if they engage in racial or ethnic discrimination when placing children into homes.


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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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