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Leahy withholds amendments for gay couples in immigration bill

In tearful speeches, Dems says time is wrong for measures

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Patrick Leahy, United States Senate, Democratic Party, Vermont, gay news, Washington Blade
Sen. Patrick Leahy (D-Vt.) withheld UAFA as a committee amendment (Blade file photo by Michael Key)

Sen. Patrick Leahy (D-Vt.) withheld UAFA as a committee amendment. (Blade file photo by Michael Key)

Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) on Tuesday withheld amendments to include gay couples as part of immigration reform in the aftermath of speeches — sometimes tearful — from Democrats on the panel who said they couldn’t support the measures.

After an extended speech on why he believes discrimination against gay couples is wrong — Leahy said “with a heavy heart” he wouldn’t introduce the amendments before the Senate Judiciary Committee. They would have made bi-national same-sex couples equal under the law to straight couples for immigration purposes.

“In the immigration context, if you’re an American and fall in love will someone of the same sex from a different country and you get married legally, your spouse will not be treated like any other immigrant spouse would be by your federal government,” Leahy said. “My amendments would change that. I don’t want to be the senator who asks Americans to choose between the love of their life and the love of their country.”

During his remarks, Leahy asked members of the “Gang of Eight” who produced the base bill and were also members of the Senate Judiciary Committee why they decided to exclude gay couples from the initial legislation.

Under current law, gay Americans are unable to sponsor their foreign partners for residency in the United States — even if they’re married — unlike straight Americans. For couples that are married, that’s because of the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage. LGBT advocates had been pushing Congress to rectify this issue as part of comprehensive immigration reform.

Two amendments were proposed by Leahy. One mirrored the Uniting American Families Act, which would enable gay Americans to sponsor their foreign partners for residency in the United States. The other would have allowed for the approval of marriage-based green card applications for married same-sex couples.

Democrats who are known for being LGBT rights supporters — Sens. Chuck Schumer (D-N.Y.), Al Franken (D-Minn.), Dianne Feinstein (D-Calif.) and Richard Durbin (D-Ill.) — said they were torn on the issue, but couldn’t support the amendments out of fear they would lose Republican support and it would kill the legislative package.

Feinstein said the Supreme Court, which is currently considering the constitutionality of DOMA, may make the issue “moot” because a ruling against the anti-gay law in June would end federal discrimination against married same-sex couples.

“We now know that this is going to blow the agreement apart,” Feinstein said. “I don’t want to lose Sen. Graham’s vote because Sen. Graham’s vote can represent and be used as the rationale for dozens of other [lawmakers] who then will not vote for the immigration bill. … I am for what Sen. Leahy is proposing, I would just implore to hold off on this amendment at this time.”

Schumer, a member of the “Gang of Eight,” said he tried to persuade other senators to support the idea and believes current law is “rank discrimination,” but can’t bring himself to support the amendments because of Republican opposition.

“If we make the effort to add it to this bill, they will walk away,” Schumer said. “They’ve said it publicly, they’ve told me privately — I believe them. The result: no equality, no immigration bill. Everyone loses.”

Prior to the vote, Schumer was targeted by LGBT groups for being the only Democrat on the committee to not voice support for including UAFA as part of the larger package.

Durbin was particularly emotional and had tears in his eyes as he explained why they couldn’t support the measures. A member of the “Gang of Eight,” Durbin said he supports UAFA, but doesn’t see immigration reform as the best vehicle for the measure.

“I believe in my heart of hearts that what you’re doing is the right and just thing … but I believe this is the wrong moment, this is the wrong bill,” Durbin said. “There are approximately 250,000 LGBT undocumented immigrants in America that would benefit from passage of immigration reform. I want to make certain they have that chance.”

LGBT rights groups responded to the committee’s exclusion of same-sex couples from immigration reform with vocal disappointment.

Rachel Tiven, executive director of the LGBT group Immigration Equality, attended the markup and — while she said she’s “proud’ of Leahy for his support — expressed frustration with other Democrats.

“I’m very proud of Sen. Leahy; I’m very dismayed that his colleagues did not stand up with him to talk about the dignity of LGBT immigrant families,” Tiven said. “Only Sen. Leahy talked about the LGBT immigrants that he represents who have dreams, too, and who want to see a good bill passed that will help everyone, and who need immigration reform as badly as any other immigrant.”

Tiven named Democrats on the panel with whom she was particularly disappointed because of their previously articulated support for the LGBT community.

“To hear Sen. Durbin say, ‘Well, this is an outside issue like gun control,’ to hear that Sen. Franken didn’t speak up for families like Ginger and Ness Madeiros, whose visa runs out in August — what are they and their eight-month-old son going to do?” Tiven said. “I can’t imagine how they’re feeling right now about Sen. Franken. How could he not say these are immigrant families, too?”

With the exception of Schumer, Tiven maintained the Democrats on the panel expressed support for including same-sex couples in the reform package, which made their statements during the committee markup surprising.

But Republican members of the panel were most opposed to including the measures. They reiterated their opposition to including the measure in the package and said adopting them would break apart the coalition that helped put it together.

Sen. Lindsey Graham (R-S.C.), a Republican member of the “Gang of Eight,” said the legislation would lose support from evangelical Christians and the Catholic Church, who’ve supported the measure, if those protections were included.

“I support traditional marriage without animosity,” Graham said. “I’m not married; I guess that means maybe I shouldn’t speak at all about it, but I do believe that the people of my state, and the people of other states who have gone different ways than Vermont, believe it would throw the coalition out of balance.”

When Leahy asked Graham if anything in the amendments would require South Carolina to change its state law on marriage, Graham said no, but maintained it would be making him vote in favor of a concept he opposes.

“You got me on immigration; you don’t got me on marriage,” Graham said. “I can’t just tell any more directly; you want to keep me on immigration; let’s stay on immigration.”

Sen. Jeff Flake (R-Ariz.), another GOP member of the “Gang of Eight,” also said he expected the coalition that put the bill together to fall apart if same-sex couples were included.

“This is an issue that is being addressed by the courts right now, I think that it would certainly upset the coalition that we have,” Flake said. “Certainly, we in Arizona, like in South Carolina, have spoken on the issue. It would certainly mean that this bill would not move forward. That would be a real shame, given how far we’ve come and the work that’s gone into this.”

Winnie Stachelberg, vice president of external affairs at the Center for American Progress, pointed at Republicans as the reason why same-sex couples weren’t included in the legislation.

“We’re all disappointed that at this juncture in the process, a small handful of Republicans prevented the provision from being voted on, but we’ve got a long way to go in the process and we’ll continue to work hard to secure the votes on the floor if it comes up,” Stachelberg said.

Following the discussion on the Leahy amendments, the committee reported out the legislation by a 13-5 vote. Supporters of immigration reform in the room — largely members of immigrant community — chanted, “Yes we can! Yes we can!” and embraced senators who voted in favor of the legislation as they snapped photos with them.

According to a report from the Williams Institute, an estimated 275,000 undocumented LGBT Americans would have a path to citizenship as the legislation currently stands if it reaches President Obama’s desk and is signed into law.

In a statement after the vote, Obama, who called for a gay-inclusive bill as part of his vision for reform, commended the committee for completing work on the legislation and urged a floor vote as soon as possible.

“None of the committee members got everything they wanted, and neither did I , but in the end, we all owe it to the American people to get the best possible result over the finish line,” Obama said. “I encourage the full Senate to bring this bipartisan bill to the floor at the earliest possible opportunity and remain hopeful that the amendment process will lead to further improvements.”

Leahy’s announcement came after an Associated Press report saying the White House had asked the Vermont senator to hold off on offering the amendments until the measure goes before the full Senate.

It’s unclear whether Leahy will introduce the amendments once the legislation reaches the Senate floor, which is expected early in June. Passage on the Senate floor would be significantly more difficult than passage would have been in committee if a 60-vote threshold is necessary to overcome a filibuster.

After the committee reported out the bill, the Washington Blade asked Sen. Chuck Schumer (D-N.Y.) whether he wants to see UAFA brought up as an amendment on the Senate floor.

“You’ll have to ask Sen. Leahy about that,” Schumer replied. “As you heard, I believe strongly in UAFA. I don’t think I have to say anything more; I spoke long enough on it.”

Although the amendment for same-sex couples wasn’t included, the committee on Monday rejected an amendment that would have removed a provision supported by LGBT advocates that was included in the base bill.

Sen. Charles Grassley (R-Iowa) offered two amendments that would have eliminated the repeal of the one-year filing deadline for asylum seekers. One amendment failed on a vote of 6-12 and the other failed on a vote of 9-9.

LGBT advocates had supported that provision in the base bill because LGBT asylum seekers often don’t know they have a one-year deadline to apply for asylum in the United States, or lack financial resources to make the application.

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Florida

AIDS Healthcare Foundation sues Fla. over ‘illegal’ HIV drug program cuts

Tens of thousands could lose access to medications

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(Photo by Catella via Bigstock)

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.”

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China

Two Chinese men detained over AI-generated picture of pandas engaging in same-sex behavior

Arrests part of increased online surveillance, LGBTQ rights crackdown

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(Photo by Aylandy/Bigstock)

Chinese authorities have detained two men after they shared an artificially altered image that linked queer identity with a specific city.

The Washington Post on Jan. 21 reported the men — who are 29 and 33 — circulated an AI-generated picture depicting pandas engaging in same-sex behavior in Chengdu, a major city in southwestern China often referred to as the “panda capital” due to its association with giant panda conservation. Local officials described the sharing of the image as “malicious,” and police in Chengdu took the men into custody.

Authorities also suspended the two men’s social media accounts, accusing them of spreading misinformation presented as legitimate news. According to the Post, the artificially generated image was posted alongside a fabricated headline, giving the appearance of an authentic news report. The image depicted two male pandas mating.

According to an official police report, police said the fabricated image was presented in the format of a legitimate news article and accompanied by a false headline. The caption read, “Chengdu: Two male Sichuan giant pandas successfully mate for the first time without human intervention,” authorities said.

Chinese regulators have in recent years tightened oversight of AI and online content. 

Under the Interim Measures for the Administration of Generative Artificial Intelligence Services, issued in 2023, providers and users of generative AI systems are required to comply with existing laws, adhere to social and ethical standards, and refrain from producing or disseminating false or misleading information. Additional rules that took effect on Sept. 1, 2025, require online platforms to clearly label AI-generated content, a measure authorities have said is intended to curb misinformation and maintain order in digital spaces.

Police under Chinese law are permitted to impose administrative detention of up to 15 days for offenses deemed to disrupt public order, a category that includes the fabrication or dissemination of false information online. Such cases are handled outside the criminal court system and do not require formal prosecution.

According to a statement the Chengdu Public Security Bureau’s Chenghua branch released, police opened an investigation after receiving public reports that online accounts were spreading false information about the city. Authorities said officers collected evidence shortly afterward and placed the two individuals under administrative detention.

The detentions are not an isolated case. 

The Washington Blade in July 2025 reported a Chinese female writer was arrested and subjected to a strip search after publishing gay erotic fiction online. At least 30 other writers — most of them women in their 20s — in the months that followed publicly described similar encounters with law enforcement, including home raids and questioning related to their online writing.

ShanghaiPRIDE, a Chinese LGBTQ advocacy group that organized annual Pride events in the city, has remained indefinitely suspended since 2021. In the same period, dozens of LGBTQ-focused accounts have been removed from WeChat, China’s largest social media platform, as authorities intensified oversight of online content related to sexual orientation and gender identity.

Authorities in 2021 detained the founder of LGBT Rights Advocacy China. They later released them on the condition that he shut down the organization, which ceased operations shortly afterward.

China decriminalized homosexuality in 1997 when it removed consensual same-sex sexual relations from the country’s criminal code. The Chinese Society of Psychiatry in 2001 formally removed homosexuality from its list of mental disorders. Despite those changes, same-sex relationships remain unrecognized under Chinese law, and there are no legal protections against discrimination based on sexual orientation or gender identity. Public advocacy for LGBTQ rights remains tightly restricted, with authorities continuing to limit community organizing, public events and online expression related to sexual minority issues.

Within China’s LGBTQ community, transgender and gender non-conforming people remain among the most vulnerable. Under current regulations, access to gender-affirming surgery is subject to strict requirements, including being at least 18 years old, unmarried, obtaining parental consent and having no criminal record — procedures that are required in order to legally change one’s gender on official documents.

China’s system of online governance places responsibility on both users and platforms to prevent the spread of prohibited content. Social media companies are required to conduct real-name verification, monitor user activity and remove posts that violate regulations, while individuals can be punished for content authorities determine to have caused public misunderstanding or social disruption.

“Actually, at least three similar incidents have occurred in Chengdu recently, all involving netizens posting on social media linking Chengdu with homosexuality, resulting in legal repercussions. This isn’t just about giant pandas. I think the local police’s reaction was somewhat excessive,” said Renn Hao, a Chinese queer activist. “The content was actually praising Chengdu’s inclusivity, and there was no need to punish them with regulations like ‘maliciously spreading false information.’” 

“This situation reflects the strict censorship of LGBT related content in the area,” they added. “This censorship makes LGBT-related content increasingly invisible, and people are even more afraid to post or mention it. This not only impacts the LGBTQ+ community in China but also hinders public understanding and awareness of this group.”

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National

Federal authorities arrest Don Lemon

Former CNN anchor taken into custody two weeks after Minn. church protest

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Don Lemon (Screenshot via YouTube)

Federal authorities on Thursday arrested former CNN anchor Don Lemon in Los Angeles.

CNN reported authorities arrested Lemon after 11 p.m. PT while in the lobby of a hotel in Beverly Hills, Calif., while he “was leaving for an event.” Lemon’s lawyer, Abbe Lowell, in a statement said his client was in Los Angeles to cover the Grammy Awards.

Authorities arrested Lemon less than two weeks after he entered Cities Church in St. Paul, Minn., with a group of protesters who confronted a pastor who works for U.S. Immigration and Customs Enforcement. (An ICE agent on Jan. 7 shot and killed Renee Good, a 37-year-old Minneapolis woman who left behind her wife and three children. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the Department of Veterans Affairs, in Minneapolis.)

Lemon insists he was simply covering the Cities Church protest that interrupted the service. A federal magistrate last week declined to charge the openly gay journalist in connection with the demonstration.

“Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy awards,” said Lowell in his statement. “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done. The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”

“Instead of investigating the federal agents who killed two peaceful Minnesota protesters, the Trump Justice Department is devoting its time, attention and resources to this arrest, and that is the real indictment of wrongdoing in this case,” Lowell added. “This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.”

Attorney General Pam Bondi on X confirmed federal agents “at my direction” arrested Lemon and three others — Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy — “in connection with the coordinated attack on Cities Church in St. Paul, Minnesota.”

Fort is also a journalist.

Lemon, who CNN fired in 2023, is expected to appear in court in Los Angeles on Friday.

“Freedom of the press is a cornerstone of a free society; it is the tool by which Americans access the truth and hold power to account. But Donald Trump and Pam Bondi are at war with that freedom — and are threatening the fundamentals of our democracy,” said Human Rights Campaign President Kelley Robinson on Friday in a statement. “Don Lemon and Georgia Fort were doing their jobs as reporters. Arresting them is not law enforcement it is an attack on the Constitution at a moment when truthful reporting on government power has never been more important. These are the actions of a despot, the tactics of a dictator in an authoritarian regime.”

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