National
Has the gay agenda been shelved?
Further action on LGBT bills looking less likely this Congress
On the long-stalled Employment Non-Discrimination Act, U.S. Rep. Barney Frank said ‘we’re still trying to figure out a way to get that done.’ (Washington Blade photo by Michael Key)
The limited time remaining in the legislative calendar for this Congress is raising questions about whether lawmakers will pass any further pro-LGBT bills before year’s end — and whether it will be politically feasible to pass such bills next year.
Congress advanced LGBT-related legislation last year when it passed hate crimes protections. This year, a measure that would lead to repeal of “Don’t Ask, Don’t Tell” seems likely to reach President Obama’s desk.
Still, some LGBT activists and voters are frustrated that Congress has taken no action to advance the Employment Non-Discrimination Act. Supporters of the legislation have said several times a vote was imminent, but no such action has yet been taken.
Other pending measures include the Domestic Partnership Benefits & Obligations Act, which would allow LGBT federal workers to receive spousal benefits for their same-sex partners, as well as the Uniting American Families Act and repeal of the Defense of Marriage Act.
Further complicating the situation is the specter of reduced Democratic majorities in the next Congress — or even a Republican takeover — and whether measures unaddressed this year would be viable in 2011.
Despite the limited time remaining this year, some LGBT rights supporters are hopeful that Congress will move forward with additional legislation. U.S. Rep. Barney Frank (D-Mass.), a gay lawmaker and House sponsor of ENDA, expressed optimism about the bill passing the House this year.
“That’s going to be next thing we’ll turn our attention to,” Frank said. “We have the speaker’s support and we’re still trying to figure out a way to get that done.”
The scheduling for a House vote on ENDA remains an issue. House Speaker Nancy Pelosi earlier told the Blade that a House vote on ENDA wouldn’t occur until Congress finishes legislative action on “Don’t Ask, Don’t Tell.”
Drew Hammill, a Pelosi spokesperson, said ENDA remains “a top priority for the speaker,” but a vote on the bill before work on “Don’t Ask, Don’t Tell” is complete “jeopardizes both initiatives.”
“Until then, we should encourage the Senate to develop a course for ENDA to ensure that when the House passes the legislation, the Senate can move quickly to send the legislation to the president’s desk,” Hammill said.
Frank said efforts toward repealing “Don’t Ask, Don’t Tell” displaced ENDA in the batting order for Congress because the fiscal year 2011 defense authorization bill came to lawmakers before a vote could happen on ENDA.
“If the defense authorization hadn’t come up earlier, we might have been able to do ENDA first,” he said.
Frank noted that he thinks the votes exist in the House to pass a trans-inclusive ENDA, but he wouldn’t give a timetable for when the legislation would move forward in Congress because he didn’t want to tip off opponents of the bill.
Michael Cole, a Human Rights Campaign spokesperson, said a House vote on ENDA is among the pro-LGBT items his organization has pressed for in the time remaining in this year’s legislative calendar.
“We’re certainly interested in seeing the House take a vote on ENDA,” Cole said. “We’ve been advocating for that for a long time, and as recess comes, we’ll be doing a lot of work to make sure our members are getting in touch with members of Congress to push for a vote on it.”
But if the House manages to pass ENDA this year, getting the legislation through the Senate remains a significant challenge. Sources have said 60 votes are lacking in the Senate to overcome a filibuster on the legislation. Also, because the Senate allows non-germane amendments, opponents of the bill could attach additional measures in an attempt to block its passage.
Still, Frank said he believes passage of ENDA in the Senate remains a possibility.
“If you ask them if they think they can pass it, they’ll say ‘no,’ so the important thing to do is for us [in the House] to try [to] pass it and send it over there, so they can’t just avoid it,” Frank said.
Activists also foresee a possibility of passing the Domestic Partnership Benefits & Obligations Act before year’s end.
Cole said the legislation, as well as the Tax Equity for Health Plan Beneficiaries Act, which would eliminate the tax penalty paid on employer-provided health insurance for domestic partners, could be made part of upcoming omnibus authorization or appropriations bills.
“We’re following what the plans appear to be on the Hill to see how we might be able to get those pieces of legislation [advanced] as part of them,” Cole said.
Frank also acknowledged the possibility of passing the Domestic Partnership Benefits & Obligations Act and said that legislation is “in serious conversation.”
Still, Frank noted the bill comes with a price tag — estimated at one time by the U.S. Office of Personnel Management to be $56 million a year — and that concerns associated with raising the federal deficit may cause problems in passing the bill.
Frank said finding a way to offset the legislation’s cost remains an issue for the Domestic Partnership Benefits & Obligations Act and “we have to find a way to pay for that.”
Whatever progress this Congress makes on passing pro-LGBT bills, recent polls are casting doubts on whether enough Democratic lawmakers will retain their seats next Congress to pass such bills.
Several recent polls have shown considerable opposition toward Democrats and the Obama administration as persistent unemployment and concerns about government spending linger across the country.
White House Press Secretary Robert Gibbs gained media attention and inspired consternation among Democratic House members when, during an appearance earlier this month on NBC’s “Meet the Press,” he said Republicans could regain control of the House.
“I think people are going to have a choice to make in the fall,” Gibbs said. “But I think there’s no doubt there are enough seats in play that could cause Republicans to gain control. There’s no doubt about that.”
Larry Sabato, a political scientist at the University of Virginia, is projecting that Republicans will win seven seats in the Senate and 32 seats in House after the election.
Because of this potential shift, Sabato said passage of more pro-LGBT bills next Congress is unlikely if it doesn’t happen this year.
“If these pieces of legislation don’t pass now, when both houses have swollen Democratic majorities, they certainly aren’t going to pass in the next Congress, when Democrats will have narrow majorities, or even be in the minority,” Sabato said.
Sabato said the loss of a half-dozen Democratic seats in the Senate could be enough to “kill these bills” entirely in the next Congress because proponents wouldn’t be able to find 60 votes to thwart a filibuster.
But Frank said the possibility of passing more pro-LGBT legislation in a future Congress is unknown because the fallout of the November elections is yet to be seen.
“I don’t think there’s any question there will be Republican gains in both chambers,” he said. “But what kind of gains? How much? Three senators? Eight senators? Fifteen representatives? Thirty-five representatives?”
Frank also said some members of Congress that would lose in the upcoming election wouldn’t “be supportive of ENDA anyway.”
Additionally, he said Congress could more easily take up other pro-LGBT bills in the future after items like hate crimes and “Don’t Ask, Don’t Tell” are off the table.
“To some extent, the more you have to work on, the harder it is to do any one of them,” he said.
Cole said although no one knows what the future holds for support for pro-LGBT legislation after year’s end, he noted several supportive incumbents are in danger of losing their seats.
“The thing to keep in mind, though, is cobbling together a pro-LGBT majority for any piece of legislation has never been a slam dunk,” Cole said. “It’s not necessarily about party affiliation — it’s about people who have taken stances toward equality measures.”
Florida
DeSantis signs emergency bill that restores Fla. ADAP funding
Temporary funds to last through June 30
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.
Federal Government
Markwayne Mullin confirmed as next DHS secretary
Okla. senator to succeed Kristi Noem
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.
Federal Government
Protesters say SAVE Act targets voters, transgender youth
Bill described as ‘Jim Crow 2.0’
Members of Congress, advocates, and people from across the country gathered outside the U.S. Capitol on Tuesday to protest proposed federal legislation that voting rights activists have deemed “Jim Crow 2.0.”
The Safeguard American Voter Eligibility (SAVE) Act would amend the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections.
President Donald Trump has also pushed for the proposed legislation to include a section that would ban gender-affirming medical care for transgender minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.
In addition to changing voter registration requirements, the bill would limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not have — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.
A 2021 investigation by the Associated Press found that fewer than 475 people voted illegally or improperly, a tiny fraction of the estimated 160 million Americans who voted in the 2020 election.
Senate Minority Leader Chuck Schumer (D-N.Y.) spoke at the event.
“It will kick millions of American citizens off the rolls. And they don’t even require you to be told,” the highest-ranking Democrat in the Senate told protesters and reporters outside the Capitol. “If this law passes — and it won’t — you’re gonna show up in November … and they’ll say… sorry, you’re no longer on the voting rolls.”
He, like many other speakers, emphasized the bill in the context of American history, pointing to what he described as its racist roots and its impact on Black and brown Americans.
“I have called this act, over and over again, Jim Crow 2.0 … because they know it’s the truth.”
U.S. Sen. Alex Padilla (D-Calif.) was one of the lawmakers leading opposition to the legislation and spoke at the rally.
“It’s not just voting rights that are on the line — our democracy is on the line,” the California lawmaker said. “It’s not a voter I.D. bill. It’s a bait and switch bill.”
He added historical context, noting the significance of voting rights legislation passed more than 60 years ago. In 1965, Alabama civil rights activists marched to protest barriers to voter registration. Alabama state troopers violently attacked peaceful demonstrators at the Edmund Pettus Bridge in Selma, using tear gas, clubs, and whips against more than 500 — mostly Black — protesters.
“61 years ago — not to the day — but this week, President Lyndon Johnson came to the Capitol and addressed a joint session of Congress in the wake of Bloody Sunday and pushed Congress to pass the Voting Rights Act,” Padilla said. “61 years later, Donald Trump and this Republican majority wants to take us backwards. We’re not gonna let that happen.”
U.S. Sen. Ben Ray Luján (D-N.M.) also spoke, emphasizing that he views the effort as a Republican-led and Trump-backed attempt to restrict voting access, particularly among Black, brown, and predominantly Democratic communities.
“President Trump told Republicans when they were meeting behind closed doors that ‘The SAVE Act will guarantee Republicans win the midterms and ensure they do not lose an election for 50 years,’” Luján said. “The first time I think Donald Trump’s been honest … This voter suppression bill is only that. Taking away vote by mail? I hope my Republican colleagues from states that voted for Donald Trump or where vote by mail is popular have the courage and the backbone to stand up and say no to this nonsense, because their constituents are going to push back.”
U.S. Sen. Lisa Blunt Rochester (D-Del.) also spoke.
“Our Republican colleagues have already cut Medicaid, Medicare, people don’t know how they’re gonna be able to afford energy,” she said, providing context for the broader political moment. “We’re in the middle of a war that they can’t even get straight while we’re in it and don’t have a way to get out of it. And we are now faced with defending our democracy?”
She then showed the crowd something that she said has been with her throughout her political journey in Washington.
“I brought with me something that I carried on the day that I was sworn into the House of Representatives when I was elected in 2016, and I carried it with me on the day that I was sworn in as United States senator. And I also carried it with me when I was trapped up in the gallery on Jan. 6 and all I could think to do was pray … This document allowed my great great great grandfather, who had been enslaved in Georgia, to have the right to vote. We took this and turned it into a scarf. It is the returns of qualified voters and reconstruction code from 1867. This is my proof of what we’ve been through. This is also our inspiration.”
“I got to travel between the Edmund Pettus Bridge two times. And even as I thought about this moment, I recognized that while we wish we weren’t in it, while we don’t know why we’re in it, I do know we were made for it … So I came today to tell you that, um, just like the leader said, that he calls it Jim Crow 2.0. I call it Jim Crow 2.NO.”
Kelley Robinson, president of the Human Rights Campaign, the largest LGBTQ advocacy organization in the U.S., also spoke, highlighting the impact of the bill’s proposed provisions affecting trans people.
“This bill is not about saving America. This bill is about stealing an election. This bill is about suppressing voters,” Robinson said. “This bill not only tries to disenfranchise voters that deserve their right to vote, it also tries to criminalize trans kids and their families … It tries to criminalize doctors providing medically necessary care for our trans youth.”
The SAVE Act passed the U.S. House of Representatives on Feb. 11 but has not yet been considered in the U.S. Senate.
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