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New bill would bar housing bias against gay, trans people

Task Force hopes Fair & Inclusive Housing Rights Act ‘gains momentum’

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Rea Carey, executive director of the National Gay & Lesbian Task Force, said she hopes the Fair & Inclusive Housing Rights Act 'gains momentum.' (DC Agenda photo by Michael Key)

U.S. Rep. Jerrold Nadler (D-N.Y.) introduced a bill Thursday that would amend the landmark Fair Housing Act of 1968 to include a ban on housing discrimination based on sexual orientation and gender identity.

Nadler introduced the measure, the Fair & Inclusive Housing Rights Act of 2010, hours before he held a hearing to discuss possible changes for the Fair Housing Act.

“Housing discrimination remains a persistent problem in our country,” he said in opening remarks at the hearing before the House Judiciary Subcommittee on the Constitution, Civil Rights & Civil Liberties, which he chairs. “While we would like to think that housing discrimination is an artifact of the past, we know it is not.”

Nadler and several witnesses who testified at the hearing, including Rea Carey, executive director of the National Gay & Lesbian Task Force, praised the Fair Housing Act for making important progress in fighting housing-related discrimination against other minorities.

The act, signed by President Lyndon Johnson, prohibited discrimination in the sale, rental and financing of housing on the basis of race, color, religion and national origin. Congress amended the law in 1974 to include protections based on gender. In 1988, it added protections based on a person’s disability and family status.

“Discrimination [in housing] on the basis of sexual orientation and gender identity are perfectly legal in many areas, and people are regularly denied a place to live simply because of that status,” Nadler said at the hearing.

He noted that Rep. John Conyers (D-Mich.), chair of the House Judiciary Committee, joined him in introducing the Fair & Inclusive Housing Rights Act, which Nadler said would ban housing related discrimination against gay, lesbian, bisexual and transgender people.

The three-page bill is focused solely on expanding the Fair Housing Act to include protections based on sexual orientation and gender identity.

“We’re very pleased that he introduced this today and, with our testimony and the support of others, we hope it gains momentum,” Carey said after the hearing. “There are a number of members of Congress who will be quite supportive of this.”

In her testimony, Carey cited preliminary findings of a Task Force survey on transgender discrimination showing that 11 percent of transgender respondents reported being evicted and 19 percent reported becoming homeless due to incidents of discrimination.

“For us, the pursuit of the American dream, including home ownership, is a risky proposition,” she said. “When our sexual orientation or gender identity is known, either because we offer it willingly or a landlord, realtor or lender is made aware by other means, there is potential for outright hostility, property damage and even physical violence.

“Studies show that in renting apartments, when callers described themselves as gay or lesbian, apartments are more likely to be described as unavailable.”

Nadler’s bill comes at a time when Capitol Hill insiders expect the House to soon vote on the Employment Non-Discrimination Act, which would bar employment discrimination on the basis of sexual orientation and gender identity. Insiders, including LGBT activists, say ENDA has a good chance of clearing the House but its prospects in the Senate are less certain.

Other people who testifyied at the hearing said they supported adding sexual orientation and gender identity protections to the Fair Housing Act, and also called for better enforcement of act’s existing protections.

The other witnesses included Shanna Smith, president of the National Fair Housing Alliance; Barabara Arnwine, executive director of the Lawyers’ Committee for Civil Rights Under Law; Kenneth Marcus, visiting professor of Baruch College School of Public Affairs; John Relman, founder and director of Relman & Dane; and Okianer Christian Dark, an associate dean and professor of law at the Howard University School of Law.

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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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