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Puerto Rico Senate approves non-discrimination bill

Passage seen as turning point in island’s LGBT rights movement

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Pedro Julio Serrano, NGLTF, National Gay and Lesbian Task Force, Puerto Rico, San Juan, LGBT equality, adoption, gay news, Washington Blade
Pedro Julio Serrano, NGLTF, National Gay and Lesbian Task Force, Puerto Rico, San Juan, LGBT equality, adoption, gay news, Washington Blade

Pedro Julio Serrano of the National Gay and Lesbian Task Force testifies in support of a Puerto Rico adoption bill on Friday, May 17. (Washington Blade photo by Michael K. Lavers)

SAN JUAN, Puerto Rico—LGBT rights advocates here last week celebrated the passage of a sweeping bill that would ban discrimination based on sexual orientation and gender identity and expression in the U.S. territory.

The 15-11 vote in the Puerto Rico Senate on May 16 took place after lawmakers for several hours debated Senate Bill 238 that Sen. Ramón Nieves Pérez of San Juan introduced in January.

“The country, you and I are sick and tired of the marginalization,” Sen. Mari Tere González López of Mayagüez said.

Sen. Thomas Rivera Schatz of San Juan is among those who spoke against the bill.

“This Senate speaks of tolerance but discriminates against those who don’t have the same political ideology,” he tweeted during the debate.

A triumphant Pedro Julio Serrano of the National Gay and Lesbian Task Force greeted dozens of LGBT rights advocates and other supporters who had gathered outside the Capitol after the vote. Singer Ricky Martin and New York City Council Speaker Christine Quinn are among those who also applauded SB 238’s passage.

“We are celebrating this victory,” Serrano told the Washington Blade outside the Capitol, noting Rivera has previously referred to him as a “faggot.” “The people are celebrating with us. It is an extraordinary step forward.”

Senators approved SB 238 three days after San Juan Mayor Carmen Yulín Cruz issued two executive orders that banned discrimination against the city’s LGBT municipal employees and mandated the Puerto Rican capital’s police department to equally investigate domestic violence cases regardless of the alleged victim’s sexual orientation or gender identity. She was also inside the Senate chamber when lawmakers approved the measure.

The historic vote took place less than four years after the November 2009 murder of gay teenager Jorge Steven López Mercado sent shockwaves across Puerto Rico.

Serrano, Quinn and others repeatedly criticized then-Gov. Luís Fortuño for his failure to publicly speak out against rampant anti-LGBT violence on the island in the months after the crime. They also noted Puerto Rican prosecutors remained reluctant to convict anyone under the territory’s hate crimes law that includes sexual orientation and gender identity and expression.

The Puerto Rico Senate in late 2011 approved a proposal that would have eliminated LGBT-specific protections from the aforementioned statute.

The Puerto Rico Supreme Court in February narrowly upheld the island’s ban on gay second parent adoptions.

Dr. Carmen Milagros Vélez Vega, whose partner of 25 years, Dr. Ángeles Acosta Rodríguez, sought to adopt their 12-year-old daughter she conceived through in vitro fertilization, on May 17 testified in support of a bill that González introduced earlier this year that would extend second-parent adoption rights to gays and lesbians on the island.

Vega received a standing ovation from Senate Bill 437 supporters who attended the Senate Judiciary, Security and Veterans Committee hearing after she finished her testimony.

“Us three are a Puerto Rican family, one among many,” she said as Acosta and their daughter, Juliana María Acosta Vélez Vega, sat next to her. “We are here, not for the sake of receiving special treatment, nor to seek a privilege, but to present ourselves as citizens and daughters of this country and to ask for that which is granted to Puerto Rican families and children, the right to a family and the protections that that includes.”

The SB 437 hearing took place hours before thousands of people took part in an LGBT rights march from La Fortaleza, the governor’s official residence in Old San Juan, to the Capitol that coincided with the annual International Day Against Homophobia.

Yulín, who unfurled a gay Pride flag from the balcony of City Hall with Nieves during the march, spoke to marchers from the Capitol steps as she stood with members of the Butterflies Trans Association, a transgender advocacy group, while wearing a white headband that said “equity.”

“I say from the bottom of my heart to those who are listening to us — all of Puerto Rico; we are all equal,” she said.

Optimism despite death threats

FBI agents on May 17 arrested Joseph Joel Morales Serrano at his San Juan home for allegedly threatening to kill Serrano at the IDAHO march in a tweet that referenced the Boston Marathon bombings he posted earlier this month.

The Primera Hora newspaper reported Serrano had been planning to attend the march, but he returned to New York City where he lives to accept an award from the Latino Commission on AIDS. His mother, Alicia Burgos, spoke on his behalf.

“We are marching against homophobia,” she said.

Eduardo, who traveled to San Juan from Ponce on Puerto Rico’s southern coast with a group of nearly 150 people, expressed a similar message.

“We are here because we want equality,” Eduardo told the Blade. “We want the same equality that everybody else has.”

The Puerto Rico House of Representatives had been expected to vote on the non-discrimination and the gay second-parent adoption bills on Thursday. A third bill introduced in the chamber in January would add sexual orientation and gender identity and expression to the island’s anti-domestic violence laws.

“It’s just about basic human rights,” Bayamón resident Héctor Maldonado told the Blade as he waived a rainbow flag across the street from the Capitol before senators approved SB 238.

Gov. Alejandro García Padilla supports both the non-discrimination and adoption measures.

“Puerto Rico is on the brink of history,” Serrano said, noting polls that indicate the majority of the island’s residents support expanded rights for LGBT Puerto Ricans. “LGBT rights are advancing and we will have two bills become law in the next few days.”

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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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