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Boehner panel appeals ruling against DOMA

House Democrats ‘decline to support’ filing in favor of anti-gay law

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A panel led by House Speaker John Boehner (R-Ohio) filed a notice on Friday to appeal a district judge’s ruling against the constitutionality of the Defense of Marriage Act to a higher court.

The three-page notice states that the Bipartisan Legal Advisory Group of the U.S. House “respectfully appeals” the ruling earlier this week against the anti-gay law to the U.S. Ninth Circuit Court of Appeals. The notice doesn’t offer a reason for the grounds for appeal.

On Wednesday, U.S. District Judge Jeffery White — appointed to the bench by former President George W. Bush — ruled against DOMA in the case of Golinski v. United States, saying the statute “unconstitutionally discriminates against married same-sex couples.” The decision announced on Friday appeals this decision to the Ninth Circuit.

Fred Sainz, vice president of communications at the Human Rights Campaign, called the appeal “unfortunate but to be expected” from Boehner and Republican leadership.

“The Republican House leadership clearly believes that continuing to deny committed gay and lesbian married couples the rights they so richly deserve is a part of their mission as elected officials,” Sainz said. “The fact that our hard earned tax dollars is paying for this folly is both insulting and demeaning to all LGBT people.”

The Bipartisan Legal Advisory Group is made up of Boehner, House Majority Leader Eric Cantor (R-Va.), House Majority Whip Kevin McCarthy (R-Calif.), House Minority Leader Nancy Pelosi (D-Calif.) and House Minority Whip Steny Hoyer (D-Md.). The notice of the appeals states that Pelosi and Hoyer “decline to support the filing of this notice of appeal.”

Drew Hammill, a Pelosi spokesperson, slammed House Republican leadership for its continued defense of DOMA in court.

“The District Court in Northern District of California flatly rejected the arguments of Speaker Boehner and his taxpayer-funded lawyers that insulted millions of Americans and their families,” Hammill said. “The court made it clear that there is no legitimate interest in denying a class of couples the rights and responsibilities guaranteed to married couples under state law.”

Hammill also took issue with the amount of money that Boehner devoted to defending the anti-gay law. Last year, the speaker bumped up the cost cap of defending DOMA to $1.5 million.

“Over the past year, the initial $500,000 in outside legal fees Speaker Boehner plans to spend has tripled to $1.5 million without any vote of the BLAG,” Hammill said. “That is a tremendous amount of taxpayer money expended, on a purely partisan basis, to defend discrimination.  With progress on marriage equality coming from all corners of our country, Speaker Boehner would have been better served and saved taxpayers’ money if he had more carefully reviewed the district court’s ruling and had declined to file a notice of appeal.”

The House took up defense of DOMA after the Obama administration announced last year that it would no longer defend the anti-gay law in court. A spokesperson for Boehner deferred comment to counsel on why the appeal was necessary, but lawyers working on behalf of the panel didn’t immediately respond to a request to comment.

A White House spokesperson deferred comment to the Justice Department, which didn’t respond on short notice to comment on House leadership’s decision to appeal the decision.

Lambda Legal, along with Morrison & Foerster LLP, filed the case in 2008 on behalf of Karen Golinski, who was denied spousal health benefits by her employer, the U.S. Ninth Circuit Court of Appeals in San Francisco. Golinski has been partners with Amy Cunninghis for more than 20 years, and the two were legally married in 2008 under California law before Proposition 8 took away marriage rights for gay couples in the state.

Tara Borelli, a Lambda staff attorney, expressed confidence that the lower court ruling would stand up on appeal to the Ninth Circuit.

“We are confident Judge White’s thorough and well-reasoned decision will stand the test of time,” Borelli said. “We do not know what the grounds of this appeal may be, but one thing we do know: DOMA is doomed, and efforts to extend this discriminatory law, while not unexpected, serve only to harm loving couples and families.”

 

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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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Federal Government

Protesters say SAVE Act targets voters, transgender youth

Bill described as ‘Jim Crow 2.0’

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Protesters show their opposition to the SAVE Act outside the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”

The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.

President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.

Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.

“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”

U.S. Sen. Chuck Schumer (D-N.Y.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.

“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”

U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.

“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”

He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.

U.S. Sen. Alex Padilla (D-Calif.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”

U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.

“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.

“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”

She then showed the crowd something that she said has been with her throughout her political journey in Washington. 

“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”

U.S. Sen. Lisa Blunt Rochester (D-Del.) speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”

Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.

“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”

Kelley Robinson, president of the Human Rights Campaign, speaks at a rally and press conference opposing the SAVE Act held outside of the U.S. Capitol on March 18, 2026. (Washington Blade photo by Michael Key)

The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.

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