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Texas lawmakers advance anti-LGBT adoption, bathroom bills

‘An unconscionable act of cruelty’

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Dan Patrick, gay news, Washington Blade
Dan Patrick, gay news, Washington Blade

Lt. Gov. Dan Patrick (R-Texas) has sworn to make an anti-trans bill a priority for his state. (Photo by Gage Skidmore; courtesy Flickr)

Under a threat from Lt. Gov. Dan Patrick of being called into a special session, the Texas Legislature late Sunday advanced two anti-LGBT measures — one pertaining to adoption, the other transgender students — with days remaining before lawmakers were set to adjourn.

The Texas Senate voted 21-10 to pass House Bill 3859, which would allow taxpayer-funded adoption agencies to refuse to place children in homes over religious objections. Given that many of these agencies are religious in nature, that could lead to them refusing to place children with LGBT families.

Marty Rouse, national field director for the Human Rights Campaign, said in a statement the measure “is a dangerous, discriminatory bill” that represents anti-LGBT animus “coloring so much of the Texas Legislature this session.”

“This ‘Slate of Hate’ that the Texas Legislature has made a priority harms LGBTQ Texans,” Rouse said. “It is unconscionable that a bill would prioritize discrimination over the best interest of kids in the child welfare system, but Texas lawmakers have done just that. As HB 3859 heads to Gov. Abbott’s desk, we hope he does not buy into a hateful agenda over the best interest of some of his most vulnerable constituents — Texas’ children looking for loving, stable homes.”

The Texas House already approved HB3859 by a 93-49 vote earlier this month. It now heads to the desk of Gov. Greg Abbott for his signature. The Washington Blade has placed a request with his office seeking comment on whether he’ll sign the legislation.

The Texas measure is similar to “religious freedom” adoption laws in Michigan, South Dakota, North Dakota, Virginia and Alabama. South Dakota Gov. Dennis Daugaard and Alabama Gov. Kay Ivey signed the anti-LGBT adoptions laws in their states this year.

Meanwhile, the Texas House by a vote of 91-50 added an amendment to Senate Bill 2078 — a bill related to emergency operations plans for school districts — that would bar transgender students from using the public restroom consistent with their gender identity. If a transgender student didn’t want to use the room, the school would be required to offer a single-occupancy facility the student could use provided no one else was in the facility.

The measure now heads to the Senate, which will have to concur with the House’s added amendment, but when that chamber will vote on the bill is uncertain. The Senate does not put up a formal schedule of the bills it will consider, so that could take place any time this week. However, the last day they could pass it is Sunday when the legislative session expires.

The Texas Legislature advanced the bathroom bill after Patrick threatened to return lawmakers to a special session if Senate Bill 6, a standalone bathroom bill, and Senate Bill 2, a property tax bill, weren’t passed, according to the Texas Tribune.

“If we must go to a special session, I will respectfully ask the governor to add both of these bills — plus other legislation he has voiced support for — in that special session call,” Patrick said during a press conference at the Capitol. “If the bills don’t pass in the special and they’re blocked again, I will ask the governor to call us back again and again and again.”

Kasey Suffredini, acting CEO for Freedom for All Americans, said in a statement the advancements of the anti-LGBT measures demonstrate poor judgement in Texas and called on Abbott to veto the legislation.

“There is just chaos in Texas right now, and rather than focusing on initiatives that can improve Texas communities and the lives of hardworking families, lawmakers are exhausting themselves by exploring new ways to make life more challenging and even dangerous for LGBT people,” Suffredini said. “We urge Gov. Abbott to take a deep breath before acting, and think about the real people this bill will hurt. It will devastate families and explicitly expose kids to harmful practices like conversion therapy. Signing HB 3859 would be an unconscionable act of cruelty.”

UPDATE: The Texas legislature continues to tie itself in knots over bathroom legislation. Rejecting the House bathroom measure as too watered-down, the Senate on Wednesday at 1 am passed an amendment barring transgender people from using consistent with their gender identity all public restrooms, not just those in schools, according to the Associated Press.

The Senate measure is identical to Senate Bill 6, which the chamber approved in March.

It remains to be seen what ultimate legislation on bathrooms, if any, the Texas legislature will agreed upon before it adjourns Monday. According to AP, the Senate attached the bathroom measure to a bill by a Democrat who won’t accept the changes.

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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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