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Pelosi vows to drop DOMA defense in Democratic House

Lawmaker says ENDA will be legislative priority

Published

14 years ago

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House Minority Leader Nancy Pelosi (Blade photo by Michael Key)

House Minority Leader Nancy Pelosi (D-Calif.) vowed to drop congressional defense of the Defense of Marriage Act in court if Democrats  retake control of the House in November.

Pelosi made the remarks Wednesday in an interview with the Washington Blade on Capitol Hill. When asked what could be expected on LGBT issues if Democrats regain control in the 113th Congress, she talked DOMA.

“First of all, we can expect something to go away, like stop spending taxpayer dollars on the Defense of Marriage of Act, which is a waste of money and not the right thing to do,” Pelosi said.

Pelosi had previously criticized House Speaker John Boehner (R-Ohio) for taking on defense of DOMA after the Obama administration announced it would no longer defend the anti-gay law and has called on House Republicans to discontinue that effort, but never before pledged to drop defense of DOMA if Democrats resumed control of the House.

She said she thinks Republicans believe DOMA is unconstitutional because when they controlled the House under the Bush administration, they tried to pass court-stripping provisions denying judicial review for the anti-gay law and others.

“They had to know that there was a weakness constitutionally in that bill, if they would want to put court-stripping provisions in relating to DOMA and the rest,” Pelosi said. “So, we think they know it’s weak constitutionally.”

Pelosi made the pledge to discontinue congressional defense of DOMA just hours after the U.S. District Court of the Southern District struck down the law in the case of Windsor v. United States, which was filed by the American Civil Liberties Union.

U.S. District Judge Barbara Jones, who became the fifth federal judge to rule against DOMA, ordered that plaintiff Edith Windsor be repaid the $353,053 plus interest and costs allowed by law that she paid out in estate taxes because of DOMA upon the death of her spouse, Thea Spyer.

Among other LGBT initiatives on which Pelosi pledged action if Democrats win back the House was the Employment Non-Discrimination Act, which would bar job discrimination against LGBT people in most situations in the public and private workforce.

“We were on path on ENDA, and I’m still on that path mentally, and that’s what I would like to accomplish,” Pelosi said.

Pelosi also mentioned immigration legislation affecting the LGBT community, alluding to the Uniting American Families Act, which would enable gay Americans to sponsor their foreign-born same-sex partners for residency in the United States. She said the bill would “seriously codify immigration policy relating to the [LGBT] community.”

Pelosi was cautious about predicting that Democrats would win the 25 seats necessary to regain control of the House, saying there’s a “50-50” chance, nor would she presume that she would once again be elected speaker in that scenario.

“One thing at a time,” Pelosi said. “Let’s win the House first.”

Pelosi also wouldn’t rule out more progress on LGBT issues under the current makeup of Congress. She said conferees working on the Violence Against Women Act may adopt LGBT-inclusive language because the Democratic-controlled Senate wouldn’t pass a bill without it.

“It’s supposed to go to conference,” Pelosi said. “I don’t think the Senate will pass a bill without those protections, and we certainly won’t support it in the House.”

Pelosi maintained the lack of LGBT language ensuring non-discrimination in shelters and inclusion in grant programs — which is found in the version of the bill passed by the Senate — was among the reasons Democrats voted against the House bill.

“How can you say you don’t approve of violence against women except if you happen to be lesbian or bisexual or transgender?” Pelosi said. “Those are the people who need it the most, you know? And so, but it’s not only the [LGBT] community, it’s also Native Americans and immigrants who are excluded from protections in the House bill.”

Pelosi said Republican lawmakers have confided to her they want to push their caucus to support more inclusive language in the conference report even as many voted for the less inclusive House version of the bill because they didn’t want to seem like they favored violence against women.

“If they’re from places with lots of Native Americans and/or lots of LGBT [people] — there are people who vote with their experience, and their constituents, so I think they will be feeling some pressures to support the Senate bill,” Pelosi said.

Pelosi also commented on the U.S. Ninth Circuit Court of Appeals decision earlier this week not to rehear a case challenging California’s Proposition 8 after a three-judge panel initially struck down the law.

She deferred to others when asked whether the case should move to the Supreme Court, where justices could rule on same-sex marriage bans throughout the country.

“There are better skilled legal minds on this subject,” Pelosi said. “What I want it to do is end up at a place where we really make a difference in people’s lives, and some of the court decisions have deferred to the Supreme Court acting, so that may be what it takes, but again I’m waiting to hear from those who are in the community who are looking at the consequences.”

Pelosi spoke to the Blade after remarks she gave at a reception for Hill staffers called “LGBT Pride on the Hill,” which, in addition to celebrating June as Pride month, honored Pelosi for her 25 years of service on Capitol Hill.

Prior to her remarks, Pelosi was given a rainbow-studded gavel by her deputy director of scheduling, Timothy Merritt, who’s gay. Merritt was appointed to the job in April 2011, but is leaving for Chicago to pursue a job with the Obama campaign.

Additionally, Pelosi commented on Wednesday’s news that one of the daughters of House Democratic Whip Steny Hoyer (D-Md.), Stefany Hoyer Hemmer, has publicly come out as a lesbian in hopes of preserving the marriage equality law in Maryland. Pelosi said she read the Blade article that broke the story.

“I was very happy with her,” Pelosi said. “I know it must have brought her some peace, too. It’s liberating to make a decision. I don’t want to speak for anybody else, but God bless her for her decision, and God bless her for the work that she is setting out to do.”

Pelosi said she hasn’t spoken with Hoyer about her daughter’s decision to come out as a lesbian, but plans to bring it up with him.

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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

Published

4 hours ago

on

March 26, 2026

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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

Published

19 hours ago

on

March 25, 2026

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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

Published

2 days ago

on

March 24, 2026

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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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