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Survivors declare victory in lawsuits seeking same-sex Social Security benefits

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Helen Thornton (left) is declaring victory with Michael Ely in litigation seeking Social Security survivor benefits

A pair of surviving partners who were in long-term same-sex relationships — but unable to receive Social Security benefits because of now-overturned state marriage bans — are declaring victory in litigation seeking that compensation in the aftermath of the U.S. government withdrawing appeals of trial court decisions in their favor.

The Biden administration dismissed on Monday appeals before the U.S. Ninth Circuit of Court of Appeals in two separate cases filed by the LGBTQ group Lambda Legal, which argued in the nationwide class action suits access to benefits for these survivors is consistent with the U.S. Supreme Court’s ruling for marriage equality nationwide in 2015.

Karen Loewy, senior counsel and senior strategist for Lambda Legal, said in a statement the decision by the U.S. Justice Department and Social Security Administration to withdraw their appeal against the plaintiff survivors brings relief that “is almost palpable.”

“For decades, same-sex couples paid into Social Security, just like different-sex couples,” Loewy said. “The difference was, only one group always had the freedom to marry, leading to gross inequalities that continued to linger. Today, that differential and discriminatory treatment conclusively ends, and surviving same-sex partners and spouses can securely access the benefits that they are owed and that can be essential to their continued health and safety.”

One lawsuit was filed by Helen Thornton of Washington State, a surviving partner who sought benefits based on her relationship of 27 years. Thorton’s partner, Marge Brown, died in 2006 before the state would act to legalize same-sex marriage four years later.

“I am relieved that my 27-year relationship with Margie will finally be respected by the government and that we will not be treated as legal strangers even in death,” Thornton said in a statement. “Marriage equality came too late for many of us, but it was not too late to fix this problem involving survivor’s benefits. I hope everyone who has been harmed by this problem, but never dared to apply for benefits, understands that this development is a game-changer. The pathway is now finally open to everyone.”

The other lawsuit was filed by Michael Ely of Arizona, who sought benefits after being in a relationship for 43 years and marrying his partner in 2014 after his state’s ban on marriage was struck down. Ely’s spouse, James “Spider” Taylor, died of cancer six months into the marriage, which made him unable to access Social Security survivor benefits under state law because the period of marriage wasn’t long enough.

“I feel like a huge weight has been lifted off my chest,” Ely said in a statement. “One of Spider’s final hopes was that I would be able to access these benefits. I can finally breathe a sigh of relief that these benefits are now finally secure, not only for me but for everyone else who found themselves in the same boat.”

Surviving same-sex partners who were barred from marrying when their partners were alive will now have a path to benefits, which had been limited to people who had previously applied by November 2020, according to Lambda Legal.

In both lawsuits, federal district courts in Arizona and Washington struck down the federal government’s refusal to grant Social Security survivors benefits to these survivors as unconstitutional in response to the litigation. Because Social Security is a federal benefit, access to survivor benefits is under federal jurisdiction, even though state law had interfered with their ability to wed.

The Washington Blade has placed a request with the U.S. Justice Department and Social Security Administration seeking comment on the decision to withdraw the appeal.

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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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