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Kristen Clarke confirmed as Assistant Attorney General for Civil Rights

Clarke was confirmed as the first woman and woman of color to formally serve in the Civil Rights Division since its establishment in 1957

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Kristen Clarke via Twitter (Photo Credit: Lawyers’ Committee for Civil Rights Under Law)

WASHINGTON – Kristen Clarke, the president & executive director of the Lawyers’ Committee for Civil Rights Under Law, a national civil rights organization based in Washington D.C., was confirmed by the Senate Tuesday to serve as the Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice. Clarke was nominated to the post in January 2021, by President Joe Biden.

Clarke was confirmed as the first woman and woman of color to formally serve in the Civil Rights Division at the Justice Department since its establishment in 1957.

The first generation American daughter of immigrant parents from Jamaica, West Indies, Clarke’s confirmation in the 51-48 Senate vote with Maine Senator Susan Collins as the only Republican voting for her, came after a contentious Senate Judiciary hearing in which Senate Republicans questioned her record and how aggressively she would seek to enforce civil rights laws and investigate law enforcement agencies.

Republican Senators questioned her views on police reform with Texas Senator Ted Cruz, Missouri Senator Josh Hawley and Senate Minority Leader, Kentucky Senator Mitch McConnell refusing to back her confirmation.

“I do not support defunding the police,” she said in the hearing, in response to a question from Illinois Democratic Senator Dick Durbin. “I do support finding strategies to ensure that law enforcement can carry out their jobs more safely and effectively and channeling resources to emotional health treatment and other severely under-resourced areas.”

In a statement to CNN, Sen. Cruz said; “Kristen Clarke’s brazen disdain for law enforcement — evidenced by her repeated calls to defund the police and her troubling history of advocacy on behalf of brutal cop killers — should be disqualifying to serve as Assistant Attorney General for the Civil Rights Division.”

For the past five years Clarke has headed the Lawyers’ Committee. Prior to joining LDF, she worked at the U.S. Department of Justice in the Civil Rights Division. While at the Justice Department, she served as a federal prosecutor in the Criminal Section of the Division, handling police misconduct, police brutality, hate crimes, and human trafficking cases. She also worked on voting rights and redistricting cases through the Division’s Voting Section.

Clarke’s confirmation comes on a day when President Joe Biden met with the family of George Floyd, an unarmed Black man murdered by a year ago by a Minneapolis police officer who has been convicted in Floyd’s death.

In his remarks in the Oval Office at the White House the President noted, “His [Floyd’s] murder launched a summer of protest we hadn’t seen since the Civil Rights era in the ‘60s – protests that peacefully unified people of every race and generation to collectively say enough of the senseless killings.

Last month’s conviction of the police officer who murdered George was another important step forward toward justice. But our progress can’t stop there. 

To deliver real change, we must have accountability when law enforcement officers violate their oaths, and we need to build lasting trust between the vast majority of the men and women who wear the badge honorably and the communities they are sworn to serve and protect. We can and must have both accountability and trust and in our justice system.”

In response to the confirmation of Clarke, Lambda Legal Chief Strategy Officer and Legal Director Sharon McGowan noted in emailed statement;

“We celebrate the Senate’s confirmation of Kristen Clarke to lead the Civil Rights Division of the U.S. Department of Justice. Ms. Clarke’s long and unswerving commitment to advancing civil and human rights, as well as her own history with the Division, made her eminently qualified for this critical role within the Justice Department. Her confirmation as the first Black woman to lead the Civil Rights Division is welcome and long overdue.

As we mark the first anniversary of the murder of George Floyd, we must continue to speak out about the fact that police violence continues to impact Black and other communities of color of which LGBTQ people are a part, and that the struggles for LGBTQ justice and racial justice are deeply intertwined. As a civil rights movement that traces our modern LGBTQ history to protests against police violence, we know how important it will be to have leaders in the DOJ committed to police accountability as part of a broader understanding of what LGBTQ equality looks like.

Ms. Clarke has demonstrated her deep understanding of LGBTQ issues over the years, and Lambda Legal looks forward to working with her in her new role to promote equality and advance justice for the communities that we serve.”

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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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