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Reid recommits to ‘Don’t Ask’ repeal in lame duck

Senators talk of extending session to vote on gay ban

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Senate Majority Leader Harry Reid reaffirmed on Monday his commitment to bring a vote "Don't Ask, Don't Tell" repeal (Blade photo by Michael Key).

Senate Majority Leader Harry Reid (D-Nev.) reaffirmed on Monday his commitment to bring “Don’t Ask, Don’t Tell” repeal to vote in the lame duck session of Congress amid fears other legislative priorities will bump the issue from the agenda.

Reid pledged to repeal “Don’t Ask, Don’t Tell” by year’s end on the Senate floor as he described a litany of legislative items he wants the chamber to take on during lame duck, including passage of the DREAM Act, renewing tax cuts for middle class families and ratification of the START Treaty.

“We’re also going to repeal the discriminatory ‘Don’t Ask, Don’t Tell’ law,” Reid said. “We’re going to match our policy with our principles and finally say in the United States, everyone who steps up to serve our country can be welcome.”

Legislation to repeal the military gay’s ban is pending before the Senate as part of the fiscal year 2011 defense authorization bill. A previous attempt to bring the legislation to the Senate floor in September failed when a united Republican caucus blocked consideration of the measure.

Many senators — including Sens. Susan Collins (R-Maine), Olympia Snowe (R-Maine) and Blanche Lincoln (D-Ark.) — said they wanted a more fair amendment process with more amendments for the minority as a condition to moving forward with the legislation.

In his remarks, Reid said Republicans are blocking consideration of the defense authorization bill because they don’t believe they have the votes to take out the “Don’t Ask, Don’t Tell” provision by amendment once the legislation reaches the floor.

Reid said when Republicans refuse to debate the defense authorization bill, they also “hold up a well-deserved raise for our troops, better health care for our troops and their families” as well as other important initiatives for the U.S. military.

A White House official, who spoke on condition of anonymity, also affirmed President Obama wants Congress to repeal “Don’t Ask, Don’t Tell” before lawmakers adjourn for the year.

“The White House remains fully committed to passage of the National Defense Authorization Act, including the repeal of ‘Don’t Ask, Don’t Tell,’ during the lame duck,” the official said. “This is a priority for the president, and are we confident that the Congress will be able to address this issue this year.”

Concern that “Don’t Ask, Don’t Tell” repeal may have fallen from the schedule emerged when Reid offered remarks earlier in the day and didn’t include the defense authorization bill as among the legislative items for which he would file cloture on Monday.

Instead he listed other items, including the DREAM Act and legislation that would provide healthcare benefits and compensation to workers who responded to Ground Zero during the Sept. 11, 2001 terrorist attacks.

Reid only mentioned the defense authorization bill after Senate Armed Services Committee Chair Carl Levin (D-Mich.) reminded him on the floor to say something about the legislation.

The majority leader responded by saying he had bipartisan conversations on Sunday about trying to find a way to move forward with the defense authorization bill.

“The issue on that, Madam President, is what we do with amendments,” Reid said. “And without belaboring the point here, I would be happy to consider doing a number of amendments if we had time agreements on those amendments. But to just have an open process — at this stage, I don’t see how we can do that.”

Jim Manley, a Reid spokesperson, said Reid didn’t include “Don’t Ask, Don’t Tell” among the items on which he would file cloture on Monday because the Senate leadership is still in talks to find enough Republican support to move forward with the defense authorization bill.

“Discussion are ongoing that involve Sen. Levin, Sen. [Joseph] Lieberman, Sen. Collins and others about trying to put together a debate that will satisfy folks and both of the aisle,” Manley said.

Manley said he couldn’t make a prediction on when these discussion would conclude, but said Reid remains committed to bringing up the legislation to a vote during lame duck.

Despite the commitment from Reid for a vote on “Don’t Ask, Don’t Tell,” concerns that time will run out before lawmakers act persist.

In a brief exchange with the Washington Blade on Capitol Hill, Senate Armed Services Committee Chair Carl Levin (D-Mich.) expressed concerns about being able to move forward with the defense authorization in the limited time that remains in the session.

“The longer this go on the more difficult it becomes, but I’m obviously … still hopeful,” Levin said.

Christopher Neff, deputy executive director of the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, acknowleged that time is an issue as he said he still sees a path forward for repeal.

“The calendar, in my estimation, has always been a bit more difficult than the vote count, but I do think that there are scenarios where this can be finalized for a signature before Congress adjourns,” Neff said.

Neff cited what he perceived as Obama’s commitment to repeal as a reason for why repeal can still happen and noted a recent call the president made to Levin against stripping the defense authorization bill of its “Don’t Ask, Don’t Tell” language.

“President Obama has shown strong leadership in reaching out to Sen. Levin and to Sen. Reid to try to move this process forward,” Neff said. “I think the White House has taken a leadership role on this and they want to see it delivered and I think there’s more to be done.”

Talk is emerging about extending the legislative session beyond what was previously planned to accomodate a vote on “Don’t Ask, Don’t Tell” repeal.

During his earlier remarks, Reid set Dec. 17 as the target date for when he wants the Senate to adjourn for this Congress and said he doesn’t think his colleagues want to stay until Christmas Eve as they did last year.

But Manley said the Dec. 17 target date for adjournment is “not hard and fast” and “we’ll have to wait and see how long we’re going to need.” He added the entire Democratic caucus would agree to extending the session for that to happen.

In a statement, Sen. Mark Udall (D-Colo.) said the Senate should stay in session for until the remainder of the calendar year if that’s what’s necessary to complete legislative work before the chamber, such as passage of the defense authorization bill.

“It’s time to follow Elvis Presley’s advice — we need ‘a little less conversation, and a little more action,’” Udall said. “I’m willing to stay through Christmas and New Year’s, if that’s what it takes, to fight for middle-class tax relief, the defense authorization bill, public lands legislation — which means jobs for Coloradans — and other important work.”

On Monday, the Huffington Post reported that Lieberman and Sen. Kirsten Gillibrand (D-N.Y.) were in favor of extneding the legislative session to pass “Don’t Ask, Don’t Tell” repeal.

“Sen. Lieberman believes that there are at least 60 votes to repeal ‘Don’t Ask, Don’t Tell’ this year, provided that leadership allows time for sufficient debate and amendments,” Lieberman spokeswoman Erika Masonhall was quoted as saying. “Wanting to go home is not an acceptable excuse for failing to pass a bill that provides essential support for our troops and veterans and failing to take action that the president, the Secretary of Defense and the chairman of the Joint Chiefs of Staff have called for.”

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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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