National
DOJ files Supreme Court brief for baker who refused to serve gays
Trump administration argues right to expression trumps Colorado law
The Justice Department under Jeff Sessions is arguing for a right for a Colorado baker to refuse service to same-sex couples. (Photo by Gage Skidmore; courtesy Wikimedia Commons)
The U.S. Justice Department has voluntarily weighed in on a case pending before the U.S. Supreme Court in favor of a Colorado bakery asserting a First Amendment right to deny wedding cakes to same-sex couples.
The 41-page friend-of-the-court brief filed by the Justice Department under U.S. Attorney General Jeff Sessions makes the case Jack Phillips, owner of Masterpiece Cakeshop, has the freedom of expression right to refuse to make same-sex couples a wedding cake.
“Forcing Phillips to create expression for and participate in a ceremony that violates his sincerely held religious beliefs invades his First Amendment rights in a manner akin to the governmental intrusion in Hurley,” the filing says. “Colorado has not offered, and could not reasonably offer, a sufficient justification for that compulsion here.”
The arguments presented by the Justice Department seem crafted for limited application to the baking of wedding cakes. At one point, the brief asserts the cake “signifies and celebrates the beginning of a marriage — namely, the ceremony in which the newlyweds cut the cake together and sometimes feed it to each other.”
The Justice Department also argues the prohibition of racial discrimination is a compelling reason to subordinate freedom of expression to non-discrimination laws, but “the same cannot be said for opposition to same-sex marriage.”
“The Court has not similarly held that classifications based on sexual orientation are subject to strict scrutiny or that eradicating private individuals’ opposition to same-sex marriage is a uniquely compelling interest,” the filing says. “To the contrary, the Court has recognized that opposition to same-sex marriage ‘long has been held — and continues to be held — in good faith by reasonable and sincere people,” and that ‘[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises.'”
The Supreme Court agreed to hear the case in June after an administrative judge ruled Masterpiece Cakeshop illegally discriminated against a same-sex couple by refusing to sell them a wedding cake — a decision the Colorado Court of Appeals upheld in 2015. The Colorado Supreme Court has declined to review these decisions and let them stand.
Lauren Ehrsam, a Justice Department spokesperson, said the Justice Department filed the brief “because the First Amendment protects the right of free expression for all Americans.”
“Although public-accommodations laws serve important purposes, they — like other laws — must yield to the individual freedoms that the First Amendment guarantees,” Ehrsam said. “That includes the freedom not to create expression for ceremonies that violate one’s religious beliefs.”
Charlie Craig and David Mullins, a same-sex couple, filed the lawsuit against Masterpiece Cakeshop after they asked Phillips to design and produce a wedding cake in 2012 for their wedding in Massachusetts. Phillips refused based on his religious beliefs, but said he would be happy to make and sell them other baked goods.
In 2013, the American Civil Liberties Union and the ACLU of Colorado filed a lawsuit on behalf of Mullins and Craig, alleging the bakery discriminated on the basis of sexual orientation. Representing Masterpiece Cakeshop is Alliance Defending Freedom, an anti-LGBT legal group designated by the Southern Poverty Law Center as a hate group.
Among the arguments in the brief asserting the supremacy of Masterpiece Cakeshop right to refuse service over Colorado’s non-discrimination is the state’s own absence of marriage equality at the time the purchase was requested.
“In other words, the State itself did not acknowledge the validity of the union it sought to compel petitioners to celebrate,” the brief says. “It was not until October 2014, after federal courts had ruled that Colorado’s same-sex marriage laws were invalid, that the State began issuing marriage licenses to same-sex couples. Especially given that background, the State has not advanced a sufficient state interest to override petitioners’ weighty First Amendment interest in declining to create the expression at issue here.”
It’s not the first voluntary anti-gay amicus brief the Justice Department filed under the Trump administration. The department also made a filing before the U.S. Second Circuit Court of Appeals arguing Title VII of the Civil Rights of 1964 affords no non-discrimination protections to lesbian, gay and bisexual people.
Louise Melling, deputy legal director of the American Civil Liberties Union, said the filing was the latest in a series of anti-LGBT moves from the Trump administration.
“This Justice Department has already made its hostility to the rights of LGBT people and so many others crystal clear,” Melling said. “But this brief was shocking, even for this administration. What the Trump Administration is advocating for is nothing short of a constitutional right to discriminate. We are confident that the Supreme Court will rule on the side of equal rights just as the lower courts have.”
The brief is consistent with remarks Sessions gave in July at an Orange County conference for Alliance Defending Freedom in which he pledged to make protecting religious freedom a priority.
“The federal government will actively find ways to accommodate people of all faiths,” Sessions said at the time. “The protections enshrined in the Constitution and our laws protect all Americans, including when we work together, speak in the public square, and when we interact with our government. We don’t waive our constitutional rights when we participate fully in public life and civic society.”
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.
DeSantis signs emergency bill that restores Fla. ADAP funding
Menaka Guruswamy celebrated as India’s first openly LGBTQ MP
Trans-led HIV clinic in Portsmouth struggles amid funding cuts
D.C. goes gaga for Gaga
Gay priest credited with boosting church support for LGBTQ Catholics
‘How We Survived’ panel set for March 25
Calendar: March 21-26
PHOTOS: Capital Stonewall Democrats 50th anniversary
‘Inherit the Wind’ isn’t about science vs. religion, but the right to think
