News
Supreme Court refuses NOM’s challenge to Maine donor laws
Anti-gay group launches website for donors to declare contributions

The U.S. Supreme Court announced Monday it won’t hear a case challenging NOM’s disclosure laws (Washington Blade file photo by Michael Key)
The U.S. Supreme Court has denied another request from an anti-gay group challenging financial disclosure laws in Maine that require the organization to reveal who donated to the 2009 marriage ballot initiative campaign.
Justices announced on Monday they wouldn’t hear the case, filed by the National Organization for Marriage, on an order listing hundreds of lawsuits they have declined to hear over the course of the 2013 term.
The court’s decision not to hear the case, known as National Organization for Marriage v. McKee, was made during the September 24 conference, the first meeting of justices for this term, but wasn’t announced until Monday. Last week, the court announced six cases it had decided to consider during the conference.
NOM had filed the lawsuit against state disclosure laws in Maine after the organization in 2009 helped the anti-gay side in a referendum over recently the signed same-sex marriage law, which state voters ultimately rejected by 53 percent.
Among other things, NOM argued the same donor disclosure laws shouldn’t be applied to both political candidates and ballot questions and asserted the $100 reporting threshold in Maine is so low it doesn’t constitutionally further the state’s information interest. But the U.S. First Circuit Court of Appeals in January affirmed a district court ruling upholding the disclosure laws, which NOM later appealed to the Supreme Court.
Fred Sainz, vice president of communications at the Human Rights Campaign, took the opportunity of the decision to knock the anti-gay group.
“NOM has shown an unwillingness to play by the rules and this is yet another legal set-back,” Sainz added. “This is proof that their penchant for secrecy has run them afoul of the law.”
NOM won’t be required to reveal its donors immediately, but the decision means Maine can continue to pursue its investigation of the organization’s activities related to the 2009 ballot measure.
Phyllis Gardiner, a Maine assistant attorney general and counsel to the state’s Commission on Governmental Ethics & Election Practices, said the state is “pleased” the First Circuit’s ruling will be upheld, but acknowledged the investigation continues.
“The Maine Commission on Governmental Ethics & Election Practices has an ongoing investigation, and there’s pending state court litigation as well that has not yet been fully resolved,” Gardiner said. “So, the constitutionality of the statute was upheld by the First Circuit, and now it’s a matter of the commission completing its work and making its determination.”
Gardiner added she doesn’t know the exact timing for when the ethics commission will finish its investigation.
But NOM wasn’t happy with the decision. John Eastman, NOM’s chair, said in a statement his organization is “disappointed” with the Supreme Court’s decision not to hear the case, but “will be reviewing” the state’s requests, which the organization says is different now than in 2009.
“In their briefs before the U.S. Supreme Court, the state appeared to have substantially narrowed the type of information they were requesting from NOM,” Eastman said. “Had the state taken the position they took recently back in 2009, this litigation might well have been avoided. We will be reviewing the requests for information that the state has made in light if the narrow interpretation the State has now provided to its own statute.”
Darrin Hurwitz, HRC’s assistant general counsel, responded to NOM’s statement by saying the organization should have complied with Maine laws like other organizations did in the first place.
“This litigation could have been avoided in 2009 if NOM had chosen to abide by the law then and disclose donors to their Maine efforts as every other organization that participated in Question 1 did,” Hurwitz said. “It’s easy to say that you’ll respond to the state’s requests after you’ve lost a 3-year court battle and have no other options.”
Gardiner also took issue with the idea that Maine changed what it wanted from NOM since 2009.
“I think that may be based on a misunderstanding,” Gardiner said. “The commission’s interpretation of Maine’s statute — what it requires — has not narrowed or changed during the course of this litigation.”
On the same day as the court announced it wouldn’t hear the lawsuit, Brian Brown, NOM’s president, announced a new website, KeeptheRepublicandMarriage.com, on which donors can publicly declare they’ve contributed money to the organization.
“Even though donors to NOM are not subject to public disclosure, a number of our donors wanted to show that they would not be bullied and were not afraid to publicly proclaim their support for NOM as a way of encouraging others to publicly stand up to support marriage,” Brown said in a statement. “These key donors were inspired by the courage of Dan Cathy, CEO of Chick Fil A, who resolutely told Americans that he unabashedly believed in God’s design for marriage as the union of one man and one woman.”
The website already has 26 people listed, but no information other than an individual’s name is given. The top name listed is Sean Fieler, who presumably is the same Sean Fieler who’s chair of the American Principles Project, a conservative group that opposes same-sex marriage and abortion rights. That group didn’t immediately respond to a request to comment.
Under the headings of the announcement that it won’t take the NOM case, the order from the court states, “The motion of respondents for leave to file a brief in opposition under seal with redacted copies for the public record is granted.”
Hurwitz said this note is procedural and pertains to the respondent brief filed by Maine’s attorney general in the case. The document has lines relating to NOM’s fundraising that are redacted and the court is granting the state’s request to keep them sealed.
It’s not the first time the Supreme Court has declined to hear one of NOM’s challenges to Maine’s financial disclosure laws. In February, the Supreme Court announced it wouldn’t hear a different challenge to Maine’s laws also called National Organization for Marriage v. McKee. But, unlike the later lawsuit, the NOM’s argument in the earlier case was political action committee requirements in state were unconstitutionally broad and vague.
The news on the NOM case comes as many anticipate a decision from the court on whether it take up pending challenges to California’s Proposition 8, known as Hollingsworth v. Perry, and one of the cases against the Defense of Marriage Act, Windsor v. United States. Both were docketed for the September 24, but the order on Monday reveals that no announcements have been made on those high-profile cases.
The Supreme Court has also yet to make a decision on whether it’ll hear the case of Diaz v. Brewer. The request was filed by Arizona Gov. Jan Brewer (R), who was appealing an injunction placed by a district court prohibiting her from enforcing a law taking away domestic partner benefits from Arizona state employees.
NOTE: This article has been updated from its initial version to include NOM’s response to the decision as well as comments from Phyllis Gardiner.
District of Columbia
D.C. Council urged to improve ‘weakened’ PrEP insurance bill
AIDS group calls for changes before full vote on Feb. 3
The D.C.-based HIV + Hepatitis Policy Institute is calling on the D.C. Council to reverse what it says was the “unfortunate” action by a Council committee to weaken a bill aimed at requiring health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.
HIV + HEP Policy Institute Executive Director Carl Schmid points out in a Jan. 30 email message to all 13 D.C. Council members that the Council’s Committee on Health on Dec. 8, 2025, voted to change the PrEP DC Act of 2025, Bill 26-0159, to require insurers to fully cover only one PrEP drug regimen.
Schmid noted the bill as originally written and introduced Feb. 28, 2025, by Council member Zachary Parker (D-Ward 5), the Council’s only gay member, required insurers to cover all PrEP drugs, including the newest PrEP medication taken by injection once every six months.
Schmid’s message to the Council members was sent on Friday, Jan. 30, just days before the Council was scheduled to vote on the bill on Feb. 3. He contacted the Washington Blade about his concerns about the bill as changed by committee that same day.
Spokespersons for Parker and the Committee on Health and its chairperson, Council member Christina Henderson (I-At-Large) didn’t immediately respond to the Blade’s request for comment on the issue, saying they were looking into the matter and would try to provide a response on Monday, Jan. 2.
In his message to Council members, Schmid also noted that he and other AIDS advocacy groups strongly supported the committee’s decision to incorporate into the bill a separate measure introduced by Council member Brooke Pinto (D-Ward 2) that would prohibit insurers, including life insurance companies, from denying coverage to people who are on PrEP.
“We appreciate the Committee’s revisions to the bill that incorporates Bill 26-0101, which prohibits discrimination by insurance carriers based on PrEP use,” Schmid said in his statement to all Council members.
“However, the revised PrEP coverage provision would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes,” Schmid added.
He told the Washington Blade that although these protections are currently provided through coverage standards recommended in the U.S. Affordable Care Act, AIDS advocacy organizations have called for D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.
“The District of Columbia has always been a leader in the fight against HIV,” Schmid said in a statement to Council members. But in a separate statement he sent to the Blade, Schmid said the positive version of the bill as introduced by Parker and the committee’s incorporation of the Pinto bill were in stark contrast to the “bad side — the bill would only require insurers to cover one PrEP drug.”
He added, “That is far worse than current federal requirements. Obviously, the insurers got to them.”
The Committee on Health’s official report on the bill summarizes testimony in support of the bill by health-related organizations, including Whitman-Walker Health, and two D.C. government officials before the committee at an Oct. 30, 2025, public hearing.
Among them were Clover Barnes, Senior Deputy Director of the D.C. HIV/AIDS, Hepatitis, STD, and TB Administration, and Philip Barlow, Associate Commissioner for the D.C. Department of Insurance, Securities, and Banking.
Although both Barnes and Barlow expressed overall support for the bill, Barlow suggested several changes, one of which could be related to the committee’s change of the bill described by Schmid, according to the committee report.
“First, he recommended changing the language that required PrEP and PEP coverage by insurers to instead require that insurers who already cover PrEP and PEP do not impose cost sharing or coverage more restrictive than other treatments,” the committee report states. “He pointed out that D.C. insurers already cover PrEP and PEP as preventive services, and this language would avoid unintended costs for the District,” the report adds.
PEP refers to Post-Exposure Prophylaxis medication, while PrEP stands for Pre-Exposure Prophylaxis medication.
In response to a request from the Blade for comment, Daniel Gleick, Mayor Muriel Bowser’s press secretary, said he would inquire about the issue in the mayor’s office.
Naseema Shafi, Whitman-Walker Health’s CEO, meanwhile, in response to a request by the Blade for comment, released a statement sharing Schmid’s concerns about the current version of the PrEP DC Act of 2025, which the Committee on Health renamed as the PrEP DC Amendment Act of 2025.
“Whitman-Walker Health believes that all residents of the District of Columbia should have access to whatever PrEP method is best for them based on their conversations with their providers,” Shafi said. “We would not want to see limitations on what insurers would cover,” she added. “Those kinds of limitations lead to significantly reduced access and will be a major step backwards, not to mention undermining the critical progress that the Affordable Care Act enabled for HIV prevention,” she said.
The Blade will update this story as soon as additional information is obtained from the D.C. Council members involved with the bill, especially Parker. The Blade will report on whether the full Council makes the changes to the bill requested by Schmid and others before it votes on whether to approve it at its Feb. 3 legislative session.
By PAMELA WOOD | Dan Cox, a Republican who was resoundingly defeated by Democratic Gov. Wes Moore four years ago, has filed to run for governor again this year.
Cox’s candidacy was posted on the Maryland elections board website Friday; he did not immediately respond to an interview request.
Cox listed Rob Krop as his running mate for lieutenant governor.
The rest of this article can be found on the Baltimore Banner’s website.
Florida
AIDS Healthcare Foundation sues Fla. over ‘illegal’ HIV drug program cuts
Tens of thousands could lose access to medications
Following the slashing of hundreds of thousands of dollars from Florida’s AIDS Drug Assistance Program, AIDS Healthcare Foundation filed a lawsuit against the Florida Department of Health over what it says was an illegal change to income eligibility thresholds for the lifesaving program.
The Florida Department of Health announced two weeks ago that it would make sweeping cuts to ADAP, dramatically changing how many Floridians qualify for the state-funded medical coverage — without using the formal process required to change eligibility rules. As a result, AHF filed a petition Tuesday in Tallahassee with the state’s Division of Administrative Hearings, seeking to prevent more than 16,000 Floridians from losing coverage.
The medications covered by ADAP work by suppressing HIV-positive people’s viral load — making the virus undetectable in blood tests and unable to be transmitted to others.
Prior to the eligibility change, the Florida Department of Health covered Floridians earning up to 400 percent of the federal poverty level — or $62,600 annually for an individual. Under the new policy, eligibility would be limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.
The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 patients in Florida will lose coverage under the state’s ADAP because of this illegal change in department policy. Florida’s eligibility changes would also eliminate access to biktarvy, a widely used once-daily medication for people living with HIV/AIDS.
Under Florida law, when a state agency seeks to make a major policy change, it must either follow a formal rule-making process under the Florida Administrative Procedure Act or obtain direct legislative authorization.
AHF alleges the Florida Department of Health did neither.
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 AHF, none of these steps occurred.
“Rule-making is not a matter of agency discretion. Each statement that an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rule-making procedures. Florida has simply not done so here,” said Tom Myers, AHF’s chief of public affairs and general counsel. “The whole point of having to follow procedures and rules is to make sure any decisions made are deliberate, thought through, and minimize harm. Floridians living with HIV and the general public’s health are at stake here and jeopardized by these arbitrary and unlawful DOH rule changes.”
AHF has multiple Ryan White CARE Act contracts in Florida, including four under Part B, which covers ADAP. More than 50 percent of people diagnosed with HIV receive assistance from Ryan White programs annually.
According to an AHF advocacy leader who spoke with the Washington Blade, the move appears to have originated at the state level rather than being driven by the federal government — a claim that has circulated among some Democratic officials.
“As far as we can tell, Congress flat-funded the Ryan White and ADAP programs, and the proposed federal cuts were ignored,” the advocacy leader told the Blade on the condition of anonymity. “None of this appears to be coming from Washington — this was initiated in Florida. What we’re trying to understand is why the state is claiming a $120 million shortfall when the program already receives significant federal funding. That lack of transparency is deeply concerning.”
Florida had the third-highest rate of new HIV infections in the nation in 2022, accounting for 11 percent of new diagnoses nationwide, according to KFF, a nonprofit health policy research organization.
During a press conference on Wednesday, multiple AHF officials commented on the situation, and emphasized the need to use proper methods to change something as important as HIV/AIDS coverage availability in the sunshine state.
“We are receiving dozens, hundreds of calls from patients who are terrified, who are confused, who are full of anxiety and fear,” said Esteban Wood, director of advocacy, legislative affairs, and community engagement at AHF. “These are working Floridians — 16,000 people — receiving letters saying they have weeks left of medication that keeps them alive and costs upwards of $45,000 a year. Patients are asking us, ‘What are we supposed to do? How are we supposed to survive?’ And right now, we don’t have a good answer.”
“This decision was not done in the correct manner. County health programs, community-based organizations, providers across the state — none of them were consulted,” Wood added. “Today is Jan. 28, and we have just 32 days until these proposed changes take effect. Nearly half of the 36,000 people currently on ADAP could be disenrolled in just over a month.”
“Without this medication, people with HIV get sicker,” Myers said during the conference. “They end up in emergency rooms, they lose time at work, and they’re unable to take care of their families. Treatment adherence is also the best way to prevent new HIV infections — people who are consistently on these medications are non-infectious. If these cuts go through, you will have sicker people, more HIV infections, and ultimately much higher costs for the state.”
“Patients receiving care through Ryan White and ADAP have a 91 percent viral suppression rate, compared to about 60 percent nationally,” the advocacy leader added. “That’s as close to a functional cure as we can get, and it allows people to live healthy lives, work, and contribute to their communities. Blowing a hole in a program this successful puts lives at risk and sets a dangerous precedent. If Florida gets away with this, other states facing budget pressure could follow.”
The lawsuit comes days after the Save HIV Funding campaign pressed Congress to build bipartisan support for critical funding for people living with or vulnerable to HIV. In May of last year, President Donald Trump appeared to walk back his 2019 pledge to end HIV as an epidemic, instead proposing the elimination of HIV prevention programs at the Centers for Disease Control and Prevention and housing services in his budget request to Congress.
House appropriators, led by the Republican majority, went further, calling for an additional $2 billion in cuts — including $525 million for medical care and support services for people living with HIV.
While Senate appropriators ultimately chose to maintain level funding in their version of the spending bills, advocates feared final negotiations could result in steep cuts that would reduce services, increase new HIV infections, and lead to more AIDS-related deaths. The final spending package reflected a best-case outcome, with funding levels largely mirroring the Senate’s proposed FY26 allocations.
“What the state has done in unilaterally announcing these changes is not following its own rules,” Myers added. “There is a required process — rule-making, notice and comment, taking evidence — and none of that happened here. Before you cut 16,000 people off from lifesaving medication, you have to study the harms, ask whether you even have the authority to do it, and explore other solutions. That’s what this lawsuit is about.”
