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Advocacy groups welcome Supreme Court decision to hear marriage cases

Couples in four New England states challenged DOMA in federal court

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Supreme Court, gay news, Washington Blade

State groups welcomed the U.S. Supreme Court’s decision to consider the constitutionality of DOMA, Proposition 8. (Washington Blade file photo by Michael Key)

Same-sex couples and others who challenged the Defense of Marriage Act on Friday welcomed the U.S. Supreme Court’s decision to consider the constitutionality of DOMA and California’s Proposition 8.

“I’ve been waiting 64 years for this happen,” Sandisfield, Mass., resident Herb Burtis, who married his partner of nearly 60 years in 2004 once Massachusetts’ same-sex marriage law took effect, said.

The Boston-based Gay and Lesbian Advocates and Defenders in 2009 filed a federal lawsuit on behalf of Burtis, whose husband died from Parkinson’s disease in 2008, two other gay widows and eight same-sex couples who challenged the federal government’s denial of marital and survivor benefits to them under DOMA. The group in 2010 brought a second suit on behalf of five same-sex couples and a gay widow who legally married in Connecticut, New Hampshire and Vermont.

The court has yet to announce whether it will hear these and two other DOMA-related cases.

President Obama announced in Feb. 2011 his administration would no longer defend the Clinton-era law in federal court.

“After his death, I found that I would be denied any federal benefits that any other married couple would receive, and that’s when I became involved in the Gill case with GLAD,” said Burtis. “I’m very happy the court is going to hear at least one case that has to do with the constitutionality of DOMA.”

Joanne Pedersen, who worked for the U.S. Navy for 30 years, married Ann Meitzen in Connecticut in 2008 after the state’s same-sex marriage law took effect. She said after the U.S. Supreme Court agreed to hear the cases filed on behalf of New York widow Edith Windsor, who paid $363,000 in federal estate taxes in 2009 after her wife’s death, and same-sex couples who challenged Prop 8’s constitutionality that her inability to place Meitzen on her health insurance policy “really hurts us financially.”

“Joanne and I are a regular couple,” Meitzen added. “We mow our law. We pay our bills. We’ve paid our taxes our whole life and the fed government is treating us like our marriage doesn’t exist. We’re very happy that the Supreme Court has decided to hear a case that has to do with the constitutionality of marriages.”

State advocates welcome Supreme Court’s review of marriage cases

The U.S. Supreme Court announced it would hear the Windsor and Prop 8 cases a day after same-sex couples in Washington and Maryland began receiving same-sex marriage licenses. Gays and lesbians can begin to legally marry in the two states on Sunday and on Jan. 1 respectively.

The same-sex marriage law that Maine voters approved last month takes effect on Dec. 29.

“I hope the Supreme Court will strike down DOMA and allow all married same-sex couples in Maryland to be treated equally under federal law,” Equality Maryland Executive Director Carrie Evans told the Washington Blade.

Kara Suffredini, executive director of MassEquality, also welcomed the Supreme Court’s decision to hear the two cases.

“Marriages of same-sex couples in Massachusetts are still not recognized by the federal government because of the so-called Defense of Marriage Act,” she said. “In addition to being immoral, this inequality means that married same-sex couples do not have access to many of the safety nets afforded other married couples: social security survivor benefits; Medicaid long-term care benefits; spousal veteran benefits; or rights of inheritance. The continued enforcement of DOMA has created an indefensible two-tiered system of treatment for married couples based solely on the gender of the spouses.”

Nathan M. Schaefer, executive director of the Empire State Pride Agenda, agreed.

Even though same-sex couples have been able to legally marry in New York since July 2011, Schaefer stressed “our commitments are not honored and our families are not protected by the federal government” because of DOMA.

“We are hopeful that the Supreme Court will grant all married couples, in New York and other states, the recognition they deserve by upholding the multiple lower court rulings that have already declared sections of DOMA unconstitutional,” he said. “We view these deliberations as a critical step toward ending discrimination and advancing equality for all Americans.”

Eight states and D.C. currently have laws that allow same-sex couples to legally marry. The U.S. Supreme Court’s decision to hear the two cases comes as lawmakers in Illinois, New Jersey and Rhode Island are poised to debate the issue.

“While the cases progress in the Supreme Court, we must not lose sight of the work that remains at the state level,” Equality Illinois CEO Bernard Cherkasov said. “Our opponents are likely to make every effort during this period to try to stymie progress in Illinois, saying we should wait to hear from the court. Given the success of marriage equality initiatives in the General Election and growing support for it throughout the country including Illinois, we need to continue to press for action in our state.”

As for the U.S. Supreme Court itself; Mary Bonauto, director of GLAD’s Civil Rights Project, remains confident the justices will ultimately decide these issues outlined in the two cases the justices agreed to consider.

“We have certainly seen since we’ve had Massachusetts with marriage in ‘04 and in the other states that these federal protections affect nearly every area of live and death and are a very important part of people’s security and stability so we are very happy that this issue will be addressed by the court in the Windsor case,” she said. “On DOMA I think it’s extremely important to remember that we have a case that really can appeal to all members of the court, in addition to the fact this is discrimination against people who are already married by the state. There’s a federalism component to the case because it is states that decide who can marry and not the Congress and not the federal government in states like Connecticut and Massachusetts have agreed that committed same-sex couples can marry. The real question is what interest does the federal government have in overturning the state decision for purposes of all federal laws.”

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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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