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Another ‘marriage moment’ before year’s end?

Action underway in New Mexico, Illinois and Hawaii

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Chris Christie, New Jersey, Republican Party, Republican National Convention, gay news, Washington Blade, Neil Abercrombie, Hawaii, Democratic Party, Democratic National Convention, Greg Harris, Illinois
Chris Christie, New Jersey, Republican Party, Republican National Convention, gay news, Washington Blade, Neil Abercrombie, Hawaii, Democratic Party, Democratic National Convention, Greg Harris, Illinois, marriage,

Marriage equality has come to New Jersey under Gov. Chris Christie as Illinois state Rep. Greg Harris and Hawaii Gov. Neil Abercrombie seek passage of legislation. (Washington Blade photos of Christie and Abercrombie by Michael Key; photo of Greg Harris via Livestream).

The month of October 2013 could go down in history as a milestone in the marriage equality movement.

In addition to New Jersey becoming the 14th state in the country to make same-sex marriage legal, states across the country in recent days saw developments in the legislatures and the courts on marriage equality that could expand that roster of equality states by the end of the month.

James Esseks, director of the LGBT project for the American Civil Liberties Union, predicted during a conference call with reporters last week the activity on same-sex marriage this month could create another “marriage moment.”

“I think we are approaching another marriage moment this fall with potential developments in three to four states coming soon,” Esseks said.

The action on marriage comes on the heels of the filing of new litigation both in federal and state courts as well as new legislative efforts seeking marriage equality initiated after the Supreme Court ruled on the Defense of Marriage Act and California’s Proposition 8 in June.

Dan Pinello, a political scientist at the City University of New York, said the activity on marriage equality at this time is in part the result of the Supreme Court’s actions.

“The high court’s decision unleashed a floodgate of pent-up demand in the LGBT community that is finding true expression in a tidal wave of federal litigation,” Pinello said. “The ruling also prompted an increased awareness of newly recognized constitutional rights among federal judges in the lower courts. The outcomes of all this legal activity will emerge over the next several years.”

The Washington Blade has already provided coverage of developments on marriage equality in New Jersey and Michigan. Here are details on other states in recent weeks.

New Mexico

The New Mexico Supreme Court heard oral arguments on Wednesday in a case brought by all 33 New Mexico clerks, state district courts and a group of same-sex couples seeking a determination on whether state law permits same-sex marriage.

The arguments in the case, Griego v. Oliver, were divided into two portions. The first examined whether the current statutory scheme for marriage under New Mexico law already allows same-sex marriage because portions of it are gender-neutral. In the second, attorneys made their case on whether same-sex couples have a guaranteed right under the state constitution to marry regardless of what the statute says.

Representing Republican lawmakers seeking to prohibit same-sex marriage in New Mexico was attorney James Campbell, who argued that only the legislature has authority to legalize marriage rights for gay couples. Campbell maintained marriage under New Mexico law is reserved for opposite-sex couples because “those unions, unlike same-sex unions, have a natural ability to procreate.”

Campbell also argued that the court shouldn’t determine gay people should be considered a suspect class because they enjoy political power. The legalization of same-sex marriage through state legislatures as well as the Democratic Party and President Obama’s endorsement of same-sex marriage, Campbell said, is evidence of this political power.

Representing the views in court of District Judge Alan Mallot, who had previously ruled that same-sex couples can marry because of the gender-neutral language in the marriage law, was attorney Daniel Ivey-Soto.

Attorney General Gary King sent two attorneys to argue a more middle-ground argument. Assistant Attorney General Scott Fuqua argued that the current gender-neutral statute doesn’t permit same-sex marriage, but Assistant Attorney General Sean Cunniff maintained gay couples should be allowed to marry under the equal protection provisions under the state constitution.

Same-sex couples were represented by attorney Maureen Sanders, who articulated a similar view. She argued the gender-neutral law doesn’t allow gay couples to marry in New Mexico, but said “denying same-sex couples the right to marry is a violation of the New Mexico Constitution.”

Sanders also argued gay people should be considered a suspect class. The court shouldn’t look to the recent advancement in LGBT equality, she said, but the long history of discrimination the LGBT community has experienced.

Justices appeared skeptical of the idea of continuing to ban same-sex couples from marrying in New Mexico. In response to Campbell’s argument that marriage is for procreation, Chief Justice Charles Daniels noted many benefits related to marriage aren’t given to couples based on whether they’ve had children.

Despite hopes that the court would issue a ruling on marriage equality at the conclusion of the arguments, justices signaled as they began they would need more time. It’s unclear when a decision could come down, although it could be a matter of weeks.

Nevada

The federal marriage equality case that is closest to the Supreme Court is also seeing movement as proponents of marriage equality — following the lead of Lambda Legal, which is responsible for the lawsuit — were set to weigh in on bringing marriage equality to Nevada.

On Oct. 18, Lambda Legal filed a 100-page brief before the U.S. Ninth Circuit Court of Appeals in the case of Sevcik v. Sandoval, a lawsuit the organization filed last year. Because the case is now before an appellate court, it’s the most advanced lawsuit that’s pending before federal courts.

The opening brief makes use of the U.S. Supreme Court decision against the Defense of Marriage Act by arguing that Nevada’s ban on same-sex marriage deprives gay couples of the crucial benefits just as the anti-gay federal law had done.

“By foreclosing same-sex couples from marriage, Nevada inflicts virtually the same collection of federal harms and deprivations on unmarried same-sex couples as DOMA previously did, since nearly all federal benefits are unavailable to unmarried couples, regardless of whether they are registered domestic partners,” the brief states.

A major component of the argument that Lambda makes against the ban on same-sex marriage is the state’s domestic partnership system is inadequate for gay couples even though it provides them the legal equivalent of marriage.

“Relegating same-sex couples to registered domestic partnership is no remedy,” the brief states. “That novel, inferior status qualifies unmarried same-sex couples for virtually no federal benefits, and instead designates same-sex couples as second-class citizens and subjects them to a host of practical difficulties and vulnerabilities.”

Accompanying the opening brief is a motion to the court for permission to file another brief no longer than 26,500 words for “an adequate exposition of the plaintiff couple’s claims.”

Friend-of-the-court briefs in favor of marriage equality were also due in the case on Wednesday. That marks the opportunity for the Obama administration to weigh in on the lawsuit by filing its own friend-of-the-court brief in the case. Lambda has previously said it would “welcome” a brief from the U.S. Justice Department in the case, but as of Tuesday had no information on whether one would be forthcoming.

Illinois

All eyes will be on the Illinois Legislature in the coming days as lawmakers return for a “veto session” that will likely include a vote in the State House on marriage equality.

On Tuesday, the first day of the veto session, supporters held a “March on Springfield” to urge passage of the marriage equality legislation. Speakers at a rally held near the State Capitol Building included Gov. Pat Quinn and U.S. Sen. Richard Durbin (D-Ill.).

According to Buzzfeed, Durbin invoked the Supreme Court decision against DOMA while speaking before the estimated 2,300 attendees about passing marriage equality legislation.

“Now that the Supreme Court has ruled, I say to members of the Illinois House of Representatives, you have an awesome and historic decision,” Durbin said. “Will you offer to everyone married in our state — regardless if straight, gay, lesbian, whatever — will you offer them the same federal benefits, or will you discriminate against some.”

The regular session of the legislature concluded in May, to the dismay of supporters of same-sex marriage, without a vote on same-sex marriage legislation in the House that was earlier passed in the Senate. Gay State Rep. Greg Harris declined to bring the legislation to a vote because he believed it lacked sufficient support for passage.

Bernard Cherkasov, CEO of Equality Illinois, expressed confidence that lawmakers would act during the veto session to pass the legislation based on recent polling data from Fako & Associates in Lisle, IL, showing a 12-point margin in support of marriage equality.

“Amongst key constituencies like African Americans, there’s a 20-point spread, amongst Latino voters, there’s a 30-point spread, amongst American Catholics, there’s a 30-point spread,” Cherkasov said. “There’s strong business support. Illinoians expect lawmakers will do their job and the pass the bill.”

Because the legislature in is in a veto session, different rules apply to passing legislation. A bill that would go into effect immediately, as the Senate-passed marriage equality legislation does, would require a supermajority of 71 votes in the House for passage. But bills that go into effect at a later date need only a simple majority of 60 votes for passage. The veto session consisted of two days this week, followed by a break, and another three days when lawmakers return on Nov. 5.

Cherkasov said the bill is “definitely within striking distance” in the House for votes to passage under the lower 60-vote threshold, which he said could be arranged by amending the House bill to go into effect on June 1 and passing that bill in the Senate.

Asked whether he wants the bill to come up for a vote during the veto session regardless of whether supporters think it has the necessary votes, Cherkasov said, “I do believe that if it came to the floor that it would pass.”

Advocates are pursuing same-sex marriage legislation in Illinois as a state lawsuit seeking marriage equality in the state, Darby v. Orr, is pending in Cook County Circuit Court.

Hawaii

Efforts to pass same-sex marriage legislation are also underway in Hawaii, where Gov. Neil Abercrombie has called for a special session of the legislature starting Oct. 28 for the purpose of debate and passage of marriage equality.

Donald Bentz, executive director of Equality Hawaii, said he’s “optimistic” the session will lead to marriage equality in the Aloha State because of stories of “love and commitment” heard by legislators.

“Polls indicate that the majority of Hawaii’s residents support marriage equality and are buoyed by the growing list of business, faith, political and nonprofit leaders who are standing up in support of the freedom to marry,” Bentz said.

Depending upon the length of time the legislature chooses to debate the marriage bill, the special session could go as quickly as five working days or take two full weeks.

Bentz said the marriage equality legislation enjoys “a wide margin” of support in the Senate, but not so much in House. A vote tally conducted by the Honolulu Civil Beat last month found that 26 House members support the legislation. Passage of the bill in that chamber requires 27 votes.

Since the time that article was published, Bentz said State Rep. Karen Awana has gone on record as a “no” vote, but State Rep. Mark Takai has come out as a “yes” vote. That would give the bill the 27 votes necessary for passage.

Advocates are pursuing same-sex marriage legislation in Hawaii as litigation seeking marriage equality in the state, Jackson v. Abercrombie, is pending alongside the Nevada lawsuit in the Ninth Circuit.

Tennessee

The most recent lawsuit seeking marriage equality in the federal court system was filed on Tuesday by the National Center for Lesbian Rights on behalf of four legally married same-sex couples seeking recognition of their unions.

The lawsuit, known as Tanco v. Haslam, was filed by the National Center for Lesbian Rights and private attorneys Abby Rubenfeld, Maureen Holland, Regina Lambert along with the firm of Sherrard & Roe and is pending before the U.S. District Court in the Middle District of Tennessee.

Shannon Minter, NCLR’s legal director, said the lawsuit is a useful addition to other cases pending in 19 other states because it helps draw attention to the lack of LGBT rights in the South.

“We think it is important to bring cases that highlight the damage that is being caused by discriminatory state marriage bans across the country, including especially in southern states,” Minter said. “I am very hopeful we will obtain a positive result in this case, which would be hugely beneficial to LGBT people in Tennessee, and also be a huge boost to creating even more positive national momentum.”

One couple in the lawsuit, Dr. Valeria Tanco and Dr. Sophy Jesty, is expecting their first child this spring and is worried state law won’t recognize them both as legal parents. Another couple, Sgt. Ijpe DeKoe and Thom Kostura, married just before DeKoe was deployed for a tour of duty in Afghanistan.

The litigation is one of two cases seeking marriage equality in federal courts lying within the U.S. Sixth Circuit Court of Appeals. The other case is the federal litigation pending before the district court in Michigan.

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Congress

EXCLUSIVE: Pelosi reflects on four decades of LGBTQ advocacy

Blade spoke with House speaker emerita before her 2027 retirement

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House Speaker Emerita Nancy Pelosi (D-Calif.) (Photo courtesy of Pelosi's office)

For nearly four decades, House Speaker Emerita Nancy Pelosi (D-Calif.) has been one of the most influential champions of LGBTQ rights in American politics.

The former U.S. House of Representatives speaker helped lead landmark LGBTQ legislation through Congress; including the repeal of “Don’t Ask, Don’t Tell,” passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, and multiple House approvals of the Equality Act. She also played a central role in congressional efforts to combat HIV/AIDS and oppose restrictions targeting transgender Americans.

In an exclusive interview with the Washington Blade; Pelosi reflected on those accomplishments, the role grassroots activists played in achieving them, and the ongoing challenges facing the LGBTQ community during President Donald Trump’s second term.

When asked which LGBTQ-related achievement she is most proud of, Pelosi pointed not to a specific bill, but to the movement that made those victories possible — and the loud, strong-willed grassroots believers in a better America than the one they had found themselves in.

“Anything that we accomplished, whether it was fighting HIV and AIDS, ending discrimination, passing hate crimes legislation, or ending ‘Don’t Ask, Don’t Tell,’ would never have happened without outside mobilization,” Pelosi said, expressing gratitude for those who saw a problem and dared to speak its solution into existence. “Our inside maneuvering was important, but we couldn’t do our best job without the community. Every chance I get, I thank them for their patriotism because they make democracy function.”

Pelosi explained that her initial LGBTQ advocacy efforts were directly shaped by the LGBTQ community in the San Francisco area and by the HIV/AIDS epidemic that decimated the community during the 1980s.

The former speaker recalled arriving in Congress in 1987 and making HIV/AIDS a centerpiece of her agenda from the start.

“My first words on the House floor were that I had come here to fight HIV and AIDS,” Pelosi told the Blade. “People asked why I would make that my first statement. To me, that reaction showed just how much discrimination still existed and how much work remained to be done.”

She continued, explaining that advocating for San Francisco — with its once-vibrant LGBTQ community that was dying more with every passing day — became a joint effort between community-driven activists and government officials trying to manage and mitigate the crisis that claimed more American lives than the Vietnam War.

“When we were trying to bring the Democratic convention to San Francisco, people were saying they couldn’t come because of HIV/AIDS,” she said. “What emerged from that moment was community-based advocacy, community-based care, prevention, and research. Every success we had sprang from the community itself.”

Multiple times during the interview, Pelosi returned to those four pillars of the effort to combat HIV/AIDS: community-based advocacy, community-based care, prevention, and research.

She argued that the epidemic, despite its horrific toll, ultimately helped many Americans better understand and accept LGBTQ people in a society that had not been as tolerant.

“When families learned that a son or daughter was HIV-positive and gay, barriers started to break down,” Pelosi said. “Love prevailed in many cases. I actually give HIV/AIDS some credit for the acceptance of marriage equality because people began seeing these issues through the lens of family.”

Pelosi also highlighted the passage of federal hate crimes legislation as one of her — and the LGBTQ rights movement’s — most defining victories.

Matthew Shepard’s mother came and spoke to members. (The late-former Massachusetts Congressman) Barney Frank told his story. We had to convince people that leadership means leading, not following,” Pelosi said. “That legislation was incredibly important because it forced people to confront the real consequences of hate.”

She said she refused pressure to remove transgender protections from the bill, despite promises from others that it would pass more easily if lawmakers only protected what they viewed as the least vulnerable groups.

“People told me, ‘You can pass this in a minute if you take out trans,'” Pelosi recalled. “I said, ‘I won’t pass it in 100 years because I’m not ever taking out trans.’ We passed it with trans protections included.”

The Blade also asked Pelosi about the stalled passage of the Equality Act — which would add federal protections for LGBTQ people through amendments to the Civil Rights Act of 1964 that would explicitly prohibit discrimination based on sex, sexual orientation, and gender identity. She expressed confidence that the Equality Act will eventually become law, though she acknowledged the political obstacles that have persisted since its creation in the 1970s.

In her office, among bowls of Ghirardelli chocolates and prints depicting national parks in her district, a large photo hangs on the wall showing Pelosi standing at the House rostrum with LGBTQ advocates beneath the words “#EQUALITY ACT” — photographic proof that she had already passed the landmark legislation in the House, if only the U.S. Senate had agreed.

“We passed it in the House again and again,” she said. “The Senate is more difficult because of the procedural hurdles, but we’re not stopping. We’ll stick with it until the job is done.”

The longtime Democratic leader also credited civil rights icon John Lewis with helping build support for the legislation when others argued the growing LGBTQ rights movement was, as one California Democratic legislator put it, “too fast, too much, too soon.”

“There were people who worried about opening up the Civil Rights Act to include LGBTQ protections,” Pelosi said. “John Lewis told us, ‘We can’t wait. We must do it now.’ He was instrumental in helping move that effort forward.”

Much of the conversation eventually turned to the Trump-Vance administration’s policies affecting trans Americans.

Pelosi argued that Executive Order 14183, “Prioritizing Military Excellence and Readiness,” which puts restrictions on trans military service weakens national security, and efforts to limit gender-affirming healthcare for trans children with the Executive Order “Protecting Children From Chemical and Surgical Mutilation” ignores the needs of families.

“When they diminish the ability of transgender people to serve in the military, they diminish our national security,” she said. “At the same time, families are being told they can’t get the care their children need. That is deeply troubling.”

She recounted hearing testimony from conservative parents whose views changed after their own children came out as trans — a transformation she said changed hearts and minds, even among people she had once seen wearing red MAGA hats.

“One mother told us she was a Trump supporter until her child needed medical care and her state wouldn’t allow it,” Pelosi said. “She said she had to leave Texas to care for her child. Hearing stories like that reminds people that these are families, not political talking points.”

Pelosi described efforts to restrict healthcare access for trans youth as both discriminatory and morally wrong.

“Some of the things they’re doing by refusing to support clinics that meet the needs of trans kids are sinful,” she said. “I’m a religious person, and I believe every child is God’s child. We have a responsibility to meet their needs.”

Asked what she would say to people who oppose LGBTQ equality, Pelosi returned to a theme that surfaced throughout the interview: love.

“I’ve seen families completely transform when these issues become personal,” she said. “People who once opposed HIV/AIDS funding became advocates when someone they loved was affected. Love has a way of changing hearts.”

As for how she hopes history remembers her role in the movement, Pelosi again shifted attention away from herself and toward activists.

“People were dying, and the community demanded action,” she said. “I hope people remember that the progress we made came from the very vocal participation of LGBTQ people and their allies. I was honored that they trusted me to carry that fight in Congress.”

Pelosi, who has announced she will not seek reelection and plans to retire from the House in 2027, said the struggle for equality is far from over.

“Every major expansion of rights in this country has been a long struggle,” she said. “We’ve laid a foundation, but there is still more work to do. We still have to pass the Equality Act.”

When asked what she credits for the change in public understanding and the growth of the LGBTQ movement, she said respect lies at its foundation.

“This month, Pride Month, people would say to me, ‘It’s easy for you because you’re from San Francisco, and San Francisco is so tolerant,'” Pelosi said. “And I would say to them, ‘Tolerant to me is a condescending word.’ Tolerance is a good word writ large, but in terms of the subject, it’s not about tolerance — it’s about respect. Respect is what made it almost inevitable that I would have nothing but enthusiasm for what I was doing. We don’t just respect — we take pride in our community. But that pride springs from respect that people have to have for everything, including the differences that they see.”

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Congress

Ogles faces bipartisan backlash over anti-gay social media post

Tenn. congressman blamed the comment on staffer

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U.S. Rep. Andy Ogles (R-Tenn.) (Photo public domain)

U.S. Rep. Andy Ogles (R-Tenn.), who represents Tennessee’s 5th Congressional District, is facing backlash from LGBTQ advocates and fellow Republicans after a social media post declared that “homosexuality has no place in America.”

“Homosexuality has no place in America. Happy Nuclear Family Month,” the congressman wrote in a post on X that was later deleted.

According to the Williams Institute at UCLA School of Law, an estimated 6.3 percent of U.S. adults identify as LGBTQ.

Following widespread criticism, Ogles removed the post and blamed it on a staff member.

“The post was stupid, hurtful and a complete distraction from my America First focus. The employee has been reprimanded,” Ogles said in a statement.

The Washington Blade reached out to Ogles’s office for comment but did not receive a response by press time.

Among those condemning the message was U.S. Rep. Mike Lawler (R-N.Y.), who called it “absolutely idiotic” in a social media post.

“Homosexuality exists. In America,” Lawler wrote on X. “In fact, Andy, you have family, friends, neighbors, colleagues, and constituents who are gay and lesbian. It doesn’t make them less than or somehow unworthy of being an American.”

U.S. Sen. Ted Cruz (R-Texas) also criticized Ogles’s remarks.

“For all of recorded history, homosexuals have been a part of humanity,” Cruz told TMZ DC. “I think the behavior of consenting adults is their business.”

Chris Sanders, the executive director for the Tennessee Equality Project and Tennessee Equality Project Foundation provided a statement to the Blade about Ogles’s comment.

“The Tennessee Nuclear Family Month resolution has really backfired on conservatives by ensnaring Congressman Ogles in scandal. He used the resolution as a pretext to say that our community doesn’t belong in America, resulting in incredible backlash from across the partisan divide,” Sanders said. “It is a good opportunity for him to pause and reflect on whether it’s time for him to resign. Fighting one’s own constituents is not the purpose of serving in Congress.”

Human Rights Campaign Senior Press Secretary Jarred Keller provided a statement to the Blade regarding Ogles’s comments.

“LGBTQ+ people are woven into the fabric of America, and any politician who questions that is severely out of touch with reality. When so many people are worried about whether they can afford gas to get to work or groceries for their families, the last thing we need is right-wing Republicans targeting marginalized communities with hateful attacks,” Keller said. “Representative Ogles should spend less time attacking LGBTQ+ people and start addressing the issues that actually matter, because last I checked, our community isn’t the reason families are struggling to make ends meet.”

The controversy comes as Tennessee continues to advance legislation affecting LGBTQ residents. The state already has several laws on the books that LGBTQ advocates have criticized, including the Adult Entertainment Act, enacted in 2023, which restricts certain “adult cabaret performances.”

Lawmakers have also introduced additional measures this legislative session, including the “No Pride Flag or Month Act,” which would prohibit state employees, volunteers, and agents from displaying Pride flags or participating in Pride observances while acting in an official capacity.

Another proposal, the “Banning Bostock Act” would seek to limit the application of state anti-discrimination protections based on the U.S. Supreme Court’s decision in Bostock v. Clayton County. Tennessee lawmakers have also passed other measures restricting LGBTQ rights and access to gender-affirming health care.

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10 HIV/AIDS activists arrested on Capitol Hill

Protesters interrupted Secretary of State Marco Rubio during hearing

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(Washington Blade photo by Michael Key)

U.S. Capitol Police on Tuesday arrested 10 HIV/AIDS activists who protested Secretary of State Marco Rubio during a Senate Foreign Relations Committee hearing.

The activists from Housing Works, Health GAP, the Treatment Action Group, and ACT UP held signs and chanted “Rubio’s Cuts Kill People with AIDS, PEPFAR Saves Lives!” before officers removed them from Dirksen Senate Office Building room where the hearing took place.

A media advisory the Washington Blade received before the protest noted “mounting evidence of Rubio’s attempts to sabotage PEPFAR (the President’s Emergency Plan for AIDS Relief, U.S. bilateral AIDS program) and vital global health programs.” The press release specifically highlighted three specific points:

• Eliminating Centers for Disease Control’s (CDC) lifesaving PEPFAR programs, which currently support approximately 12 million people on HIV treatment across 51 countries. Instead, Rubio intends to dismantle CDC’s current PEPFAR role and stamp out their global footprint in disease outbreak and surveillance for pandemics beyond HIV. Experts including eight former CDC Directors under Republican and Democratic administrations have spoken out against this effort to dismantle PEPFAR. Recent PEPFAR data showed sharp decreases in the numbers of people newly tested, diagnosed, and treated for HIV, but these data would have been even worse if not for CDC’s PEPFAR programs.

• Withholding $2 billion in Congressionally appropriated FY25 funding, including $330 million to combat HIV, $250 million to fight malaria, $320 million for maternal and child health programs, and nearly $650 million in global health security programs.

• Negotiating secret bilateral deals blackmailing African governments by demanding access to critical mineral wealth as a condition of access to HIV treatment and prevention funding.

The groups have staged several protests against the Trump-Vance administration’s HIV/AIDS policies since it took office.

Rubio on Jan. 28, 2025, issued a waiver that allowed PEPFAR and other “life-saving humanitarian assistance” programs to continue to operate during a freeze on nearly all U.S. foreign aid spending. HIV/AIDS service providers around the world with whom the Blade has spoken say PEPFAR cuts and the loss of funding from the U.S. Agency for International Development, which officially closed on July 1, 2025, has severely impacted their work.

The State Department last September announced PEPFAR will distribute lenacapavir in countries with high prevalence rates.

The New York Times last summer reported Vought “apportioned” only $2.9 billion of $6 billion that Congress set aside for PEPFAR for fiscal year 2025. (PEPFAR in the coming fiscal year will use funds allocated in fiscal year 2024.)

Bipartisan opposition in the U.S. Senate prompted the Trump-Vance administration last July withdraw a proposal to cut $400 million from PEPFAR’s budget. Vought a few weeks later said he would use a “pocket rescission” to cancel $4.9 billion for HIV/AIDS prevention and global health programs and other foreign aid assistance initiatives that Congress had already approved.

The White House in January expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” President Ronald Reagan in 1985 implemented the original regulation, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services. Advocacy groups insist the expanded rule will adversely impact HIV prevention efforts around the world.

“Congress must stop Secretary Rubio before he dismantles PEPFAR,” said Treatment Action Group’s Kendall Martinez-Wright. “Rubio continues to defy the will of Congress and the American people who want this program restored and repaired. Under his leadership he is diverting funding and trying to eliminate the essential role of technical experts in global HIV and global health, while program performance is flailing.”

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