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Hawaii governor reflects on state’s long marriage struggle

‘As Hawaii is concerned, we succeeded yesterday’

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Neil Abercrombie, Hawaii, gay, Washington Blade
Neil Abercrombie, Hawaii, Washington Blade, gay

Hawaii Gov. Neil Abercrombie on Nov. 13, 2013, signs his state’s same-sex marriage bill into law. (Photo courtesy of State of Hawaii/Office of the Governor)

Hawaii Gov. Neil Abercrombie on Thursday said yesterday’s ceremony during which he signed a bill that extends marriage rights to same-sex couples in his state was more than a celebration.

“It was more like an acknowledgement of the culmination of many years of what we call in Hawaii as part of our Aloha spirit: patient perseverance,” he told the Washington Blade during a telephone interview from Honolulu.

Abercrombie signed the measure into law at the Hawaii Convention Center in Honolulu one day after the state Senate approved it by a 19-4 margin.

Senate Bill 1 passed in the Hawaii House of Representatives on Nov. 8 after lawmakers debated it for more than 12 hours. The chamber two days earlier approved the measure on its second reading following five days of testimony from SB1 supporters and opponents.

Abercrombie told the Blade he initially thought the special legislative session to debate SB1 that began on Oct. 28 would have ended within a week — and not 15 days.

“It is still a reflection of the legislative process that’s undertaken so that everybody clearly has an opportunity to speak,” he said. “Much of it, of course, was repetitive and I’m sorry to say that some of it could only be called as rate, but that was more a sign of less of conspiracy than it was the intensity with which the opponents were operating.”

Lesbian state Rep. Jo Jordan, who Abercrombie appointed in 2011, sparked outrage among LGBT rights advocates when she voted against SB1.

“I wish we had had perhaps a little more opportunity to discuss the issue,” Abercrombie said. “I expect that she has her set of reasons. Whether or not I agree with all those reasons I don’t know.”

Abercrombie added that same-sex marriage supporters criticized him because he did not call a special legislative session “when they wanted me to do it.”

“My position always was and always has been I need 13 votes in the Senate and 26 votes in the House,” he said. “I don’t need rhetorical victories. I don’t need tactical advice that has nothing to do with keeping your eye on the prize, which is to get the bill passed and get a bill passed that will stand up to constitutional investigation and vetting and be able to say secure the necessary votes to get it on my desk.”

Then-Hawaii Supreme Court Justice Steven Levinson in 1993 ruled the denial of marriage rights to same-sex couples is unconstitutional. This landmark decision prompted Congress three years later to pass the Defense of Marriage Act that prohibited the federal government from legally recognizing gay nuptials.

The U.S. Supreme Court in June found a portion of DOMA unconstitutional.

Abercrombie said Levinson’s ruling “formalized a discussion” that he said had already been taking place in Hawaii about how to extend relationship recognition to same-sex couples in the state. He noted he backed civil unions for gays and lesbians before 1993.

“I was the object of a lot of criticism,” Abercrombie told the Blade. “I felt that we had to move this along in a process that would enable us to succeed politically as opposed to making what I felt would be a moral point, if you will, that was doomed to failure at that time and I felt would hold us back from achieving marriage equality.”

Hawaii voters in 1998 approved a state constitutional amendment that allowed the legislature to ban same-sex marriage.

The state’s civil unions law took effect in 2012, but a federal judge in August of that year dismissed a lawsuit filed on behalf of two gay couples who sought marriage rights in Hawaii. The plaintiffs subsequently petitioned the U.S. Ninth Circuit to hear their case alongside a second lawsuit that seeks to extend marriage rights to same-sex couples in Nevada.

Abercrombie cited the U.S. Supreme Court’s ruling against DOMA and California’s Proposition 8 in his decision not to defend Hawaii’s same-sex marriage ban in the aforementioned lawsuit.

“It was clear to me in the wake of the Supreme Court rulings that the civil unions law which I signed right after I was sworn in obviated the prohibition,” he said. “I said ‘look, I can’t defend something that I don’t think has legal validity.’”

Abercrombie gives pen used to sign SB1 to Levinson

Hawaii is among the 15 states and D.C. in which same-sex couples can now legally marry.

Illinois Gov. Pat Quinn on Nov. 20 is scheduled to sign a measure that will allow nuptials for gays and lesbians in his state.

A judge on Thursday refused to consider state Rep. Bob McDermott’s motion that would have blocked SB1 from taking effect on Dec. 2.

Abercrombie told the Blade one of the things about which he thought before he signed SB1 into law was seeking the Human Rights Campaign’s support during his 1986 congressional campaign. He recalled meeting two HRC staffers inside their small office near the U.S. Capitol.

“We’ve come a long, long way from an upstairs office somewhere on D Street,” Abercrombie said. “As I said yesterday, people who have been forced to be invisible all their lives are now visible to themselves and the whole world.”

Abercrombie also gave the pen he used to sign SB1 into law to Levinson.

“It was never a question in my mind of what Hawaii precipitated in 1993 would succeed,” Abercrombie told the Blade. “It was always a question in my mind [as to whether] we put together events [and] timing in such a way as to succeed. And at least as Hawaii is concerned we succeeded yesterday.”

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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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