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Trump administration moves to dissolve final order against trans military ban

DOJ cites stays from Supreme Court allowing implementation

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David Bright, Startwaune Anderson, conversion therapy, gay news, Washington Blade
The Justice Department has filed a request to lift the remaining court order barring enforcement of the transgender military ban.

With the U.S. Supreme Court green lighting President Trump this week to proceed with a ban on transgender military service, the U.S. Justice Department moved on Tuesday to dissolve the last court order standing in the administration’s way.

In a one-page notice signed by Assistant Attorney General for the Civil Hunt Joseph Hunt, the Justice Department informs U.S. Judge District George Russell in Maryland of the Trump administration’s intent to a file motion to request a stay on his preliminary injunction preventing Trump from enforcing the anti-trans policy.

Hunt cites the Supreme Court’s decision to issue stays challenging the transgender ban in two other cases before the U.S. Ninth Circuit Court of Appeals. In both those cases, trial courts issued orders barring the Trump from enforcing the policy as litigation proceeded, but stays from the Supreme Court abrogated those orders.

“The preliminary injunctions stayed in Karnoski and Stockman are indistinguishable from the preliminary injunction in this case, and the Supreme Court’s order is binding precedent on the application of the stay factors to the injunction at issue here,” Hunt writes.

Once the preliminary injunction issued by the Maryland court is lifted, nothing will block the Trump administration its policy. As envisioned in an implementation plan issued by former Defense Secretary James Mattis, the policy would bar new transgender enlistments, but allow openly transgender people currently in the military to remain in the armed forces and receive transition-related care. (Individuals in the military who later decide to come out as transgender and transition, however, will face discharges.)

With the nation’s most superior court directing the Ninth Circuit to dissolve identical orders, it’s hard to see how Russell could keep the last remaining order against the transgender ban in place.

Russell issued the order in the case of Stone v. Trump, a legal challenge against the transgender military ban filed by the American Civil Liberties Union on behalf of six transgender service members.

In a brief Wednesday responding to the Justice Department, the ACLU points out the Supreme Court merely stayed orders against the ban until the Ninth Circuit renders a decision in those cases, thus a dissolution would be inappropriate.

The ACLU concedes “it would be appropriate for this court to stay the nationwide effect of its injunction pending appeal” in the aftermath of the orders from the Supreme Court, but urges Russell to keep his order in effect for at least the named transgender plaintiffs in the case.

“Defendants’ argument before the Supreme Court centered on the nationwide effects of the Karnoski and Stockman injunctions,” the brief says. “Every page of the Argument section of their Applications focused on Defendants’ concerns regarding a nationwide injunction, and no plaintiffs in those cases urged the Supreme Court to preserve a stay as to specific individual plaintiffs.”

The ACLU also argues “it is in both parties’ interests to expeditiously reach a resolution of the case,” calling to proceed with discovery process in the lawsuit.

“Defendants previously argued that a stay of compliance with this court’s discovery orders would not prejudice plaintiffs while the preliminary injunction remained in place,” the brief says. “This soon may no longer be the case. Now that plaintiffs may lose the protection of the preliminary injunction, plaintiffs respectfully request that implementation of this court’s discovery orders, and its consideration of the pending dispositive motions, proceed expeditiously.”

On Thursday, the Justice Department responded with another brief calling for a stay pending resolution of the request to dissolve the injunction.

“Because the Supreme Court’s order granted defendants’ stay request in full and stayed the Karnoski and Stockman injunctions in their entirety, a similar stay of this court’s preliminary injunction, in its entirety, is required here,” the brief says.

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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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