National
‘New Yorkers have been betrayed’
The defeat of same-sex marriage legislation in the New York State Senate last week was a devastating blow to gay rights supporters, leaving many to wonder how the bill could fail after its advocates had expressed confidence in the measure’s passage.
The New York State Senate on Dec. 2 voted 24-38 against the legalization of same-sex marriage, a lopsided margin that raised questions for those who were watching the bill’s progress.
State Sen. Tom Duane, who’s gay, was the prime sponsor of the Senate marriage legislation. He had media outlets he was “optimistic” about the proposal’s chances before senators killed the bill.
Duane, who didn’t respond to DC Agenda’s request for an interview, issued a statement saying he felt “betrayed” following the vote.
“Promises made were not honored,” he said. “The lesbian, gay, bisexual and transgender (LGBT) community, and all fair-minded New Yorkers have been betrayed. I am enraged, deeply disappointed and profoundly saddened by the vote today.”
Groups advocating for passage of the marriage bill included Empire State Pride Agenda and Gill Action Fund. Those organizations didn’t respond to DC Agenda’s request for comment.
Dan Pinello, a gay government professor at the City University of New York, said the Senate was unable to pass the marriage bill because the Democratic Party, which narrowly controls the Senate, 32-30, is “in disarray, basically — not only on this particular policy issue, but more generally.”
“There are a number of factions within the Democratic caucus in the Senate that makes cohesiveness in that caucus extremely difficult, unlike the Republican caucus, which is much more united in its position,” he said. “I think the vote [Dec. 2] reflected that.”
Marty Rouse, the Human Rights Campaign’s national field director, also said he thinks the marriage bill failed because of the politically tenuous situation in the Senate. He noted that Democrats briefly lost control of the chamber in a coup earlier this year before regaining leadership.
“It’s difficult to pass legislation when you have a change in Senate leadership, a new and tenuous Senate majority,” he said. “There is a lot of politics in play in passing any sort of legislation.”
Rouse said the marriage bill failed not because of the merits of the legislation, but because of political issues in the Senate.
“This has much more to do about politics and very little, if anything, to do about the merits of the marriage bill itself,” he said.
The legislation failed in the Senate even though the bill had strong support in the Assembly, which approved the measure for a third time Dec. 2, 88-51. Gov. David Paterson (D) also was a strong advocate for the marriage bill.
Pinello said the legislation failed in the Senate — but passed in the Assembly — because senators “are out of touch with their constituents.”
He said polling data shows a majority of Long Island residents favor same-sex marriage and noted that three-quarters of that region’s Senate delegation voted against the marriage bill.
Eight Democratic senators voted against the marriage bill Wednesday. All Republican senators voted against it.
Jeff Cook, a legislative adviser for the Log Cabin Republicans who had lobbied GOP lawmakers on the bill, said there was no Republican backing because the dissent among Democrats meant GOP support wouldn’t have made a difference.
Before the vote, Cook had said he was expecting Republican votes in favor of the legislation.
“Sadly, we didn’t lose on the merits, but we lost because of politicians’ lack of political courage to do the right thing,” he said. “Seeing insufficient support on the Democratic side, key Republicans communicated that they were unwilling to follow their conscience and take a tough political vote if they couldn’t make the difference on a losing bill.”
Pinello said Republican Assembly member Dede Scozzafava’s recent failed bid for Congress also had an effect on GOP senators. Scozzafava, who has voted in favor of same-sex marriage three times, ran for Congress in a special election this year, but withdrew her candidacy after a third-party conservative candidate challenged her because of her position on marriage, among other issues.
“I think there was some fallout as a result of that on the Senate Republican side,” Pinello said. “I can’t believe that the Republican caucus is so uniformly opposed to marriage equality that not even one or more would have favored it.”
Although the bill was voted down, Pinello said having the vote last week was appropriate because “to keep putting it off is just unacceptable as a political matter.”
“So, now that their votes are recorded, activists can try to target those people — especially in the Democratic Party, but also Republicans — who voted against marriage equality, in next year’s legislative election cycle,” he said.
Asked whether the bill should have come to the floor, Rouse replied, “I’m not going to second guess the decisions that were made.”
But the failed attempt means supporters of same-sex marriage will have to wait before marriage rights for gay couples become available in New York.
Rouse said there is no reason why supporters shouldn’t work to bring the bill up again in the “very near future,” and said it’s possible for Senate leadership to find a way to have another vote within a few weeks.
Another 14 months would be the longest it would take to bring the marriage bill to the floor of the Senate again, Rouse said.
“If we have to have this bill come up after the elections, clearly the 2010 election and who’s running again for office … all of that will be important,” he said. “Supporters of marriage equality and opponents of marriage equality will be focusing like a laser beam on the primary and general elections in 2010.”
Pinello, however, said that 2013 might be a more realistic time for same-sex marriage to pass in New York.
He said after Senate districts are redrawn following the 2010 Census, there would be an opportunity to elect more supporters of same-sex marriage to the Senate in the 2012 elections.
With Democrats in control of both chambers of the New York Legislature, Senate districts could be redrawn in ways that are more favorable to Democrats, meaning more supporters of gay nuptials could be elected to the Senate in 2012 to take office in 2013 and vote for marriage legislation.
“I think it’s possible that there won’t be a favorable vote in the New York State Senate until 2013 on the issue of marriage equality — four years from now,” he said.
Still, Rouse said he was optimistic and he didn’t think there’s “anyone involved in politics in New York State that doesn’t think there is … support for this bill becoming law in the near future.”
He noted that State Sen. Ruben Diaz Sr. was the only lawmaker to speak out against the marriage bill on the Senate floor and no Republicans voiced opposition during debate.
“That tells me there is support for this bill waiting for the right time for this bill to come up,” he said. “And so, for me, it’s not a matter of if this is going to become law, it’s a matter of when this bill is going to become law, and for various reasons, unfortunately, early this week was not the right time.”
Wyoming
U.S. attorney nominee confirmed despite anti-LGBTQ history, no trial experience
Nine felony grand jury indictments tied to Darin Smith dismissed last week
Republicans confirmed Darin Smith as U.S. Attorney for the District of Wyoming on Monday, regardless of his history as interim U.S. Attorney for Wyoming and a state senator.
While serving as interim U.S. Attorney for Wyoming — after being appointed by President Donald Trump last July despite never trying a case outside of his time as a law student intern — former state Sen. Darin Smith likely prejudiced jurors during grand jury proceedings.
Nine felony grand jury indictments tied to Smith’s tenure were dismissed last week.
Judges dismissed felony indictments against Cheyenne Swett, Richard Allen, Michael Scott Hopper, Brian Joseph Johnson, Dennison Jay Antelope, Matthew Christopher Jacoby, Matthew Miller Jr., Wolf Elkins Duran, and Jose Benito Ocon. The now-dismissed charges included felony firearm possession, drug distribution, and possession of child pornography, among other allegations.
Smith allegedly told the grand jury that the defendants were “bad guys,” described them as “murderers,” and said deliberations “won’t take long.”
Even the U.S. Attorney’s Office for the District of Wyoming acknowledged that Smith’s comments were “ill-advised.”
Smith has a history of aligning with Trump over the Constitution and supporting anti-LGBTQ legislation.
In 2025, Smith co-sponsored House Bill 0194, titled “Obscenity amendments,” which, among other provisions, would have criminalized drag shows. The bill also would have repealed exemptions for public and school librarians from the crime of “promoting obscenity” to minors. The wording of the bill was so vague that Republican state Rep. Lee Filer said, “We will end up having to arrest somebody for allowing a child to read the Holy Bible.”
Smith also co-sponsored SF0062, a bill requiring public school students to use restrooms, sex-designated changing facilities, and sleeping quarters that align with their sex assigned at birth. In March 2025, the Wyoming governor signed the bill into law, along with its House companion.
He also attended the Jan. 6 Capitol riot alongside thousands of other Trump supporters.
“Smith was on the Capitol grounds on Jan. 6 … and made the reprehensible claim … that the hundreds of Capitol Police officers who risked their lives that day were guilty of ‘massive incompetence.’ Smith blames the police for what happened on Jan. 6. Without evidence, he claimed that rioters who breached the Capitol were victims of entrapment,” U.S. Sen. Dick Durbin (D-Ill.) said. “Moreover, Smith is not remotely qualified to be a U.S. Attorney. He’s going to be in the package — take it or leave it. Prior to becoming the interim U.S. Attorney, he had no courtroom or litigation experience whatsoever. None. And Smith’s lack of experience has had real-world consequences.”
Prior to his work in the Wyoming state legislature, Smith worked as Director of Planned Giving for the Family Research Council, an organization that describes homosexuality as “harmful” to society with “negative physical and psychological health effects.”
The organization also believes that sexual orientation “should [not] be included as a protected category in nondiscrimination laws or policies, as it is not comparable to inborn, immutable characteristics such as race or sex.”
During questioning before the U.S. Senate, he denied that his work with the organization shows he has loss of impartiality when it comes to matters of LGBTQ rights.
Also questioning, Smith was asked about a now-deleted Facebook post in which he appeared to express support for Kim Davis, the Kentucky county clerk who was found to be unconstitutional in her refusal to issue same-sex marriage licenses, despite Obergefell v. Hodges.
“Perhaps Hillary and Obama can share the cell with Kim Davis for refusing to uphold the Defense of Marriage Act,” the post said.
When asked why he posted it, Smith told Durbin: “I do not recall.”
Josh Sorbe, spokesperson for the Senate Judiciary Committee Democrats and Durbin, said:
“Anti-LGBTQ+ extremist Darin Smith has no business serving as a top law enforcement officer in any state — let alone a state with as much history of queer importance as Wyoming. He’s an unqualified insurrectionist with no experience litigating criminal or federal matters, and his bigotry puts into serious question his commitment to upholding the law for all Americans.”
Human Rights Campaign Vice President of Government Affairs David Stacy also condemned Smith’s confirmation to the U.S. Attorney’s office.
“The justice system in America is supposed to be about ensuring the law is applied fairly and equally. But Darin Smith has spent his career obsessed with making life worse for LGBTQ+ people, opposing marriage equality, cosponsoring state legislation targeting transgender youth, and smearing LGBTQ+ people in public statements,” Stacy said. “Just over two decades after Matthew Shepard was brutally murdered in that same state, Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement. The Senate should reject Darin Smith and demand a nominee who will put the people — and justice — first.”
Vermont
Vt. lawmaker equates transgender identity with bestiality
Vermont Democrats condemned comments, demanded apology
State Sen. Steven Heffernan (R-Addison) equated transgender people to bestiality on the Vermont Senate floor on May 15 while debating an animal cruelty bill.
Heffernan, who was elected in 2024 to the state Senate, constructed a scenario in which a trans person is indistinguishable from someone committing bestiality.
“In these crazy times, what happens if the individual identifies as an animal having intercourse with an animal? How is the courts going to handle that?” the former member of the Vermont Air National Guard said while debating House Bill 578. “Being that we voted through Prop Four, and if it does make it through this state, and I have a gender identity that I identify as a dog and had sex with my dog, is this law going to affect me?”
State Sen. Tanya Vyhovsky (D-Chittenden Central), who presented H. 578 responded professionally.
“The bill that we are putting forward in the current law is quite clear that any act between a person and an animal that involves contact with the mouth, sex organ, or anus of the person, and the mouth, sex organ, or anus of the animal, without a bona fide veterinary purpose, will be a crime.”
In the video, Heffernan continued to ask inappropriate questions — questions that Vyhovsky answered.
“If I identify as that animal, will this be able to … It says a person. I’m not a person. I’m identifying as this animal I’m having intercourse with,” he said. “We are identifying genders, of whatever gender we decide we want to be, and I think I like this bill. I’m going to vote for this bill, but I want to make this chamber aware of what’s coming.”
Vyhovsky made a statement saying this was a planned move in an attempt to “other” trans Vermonters instead of protecting them.
“Senator Heffernan knew exactly what he was doing,” said Vyhovsky. “Sen. Heffernan is using the same dehumanizing playbook that has been used against LGBTQ+ people for generations — the false, ugly suggestion that queer and trans identity is synonymous with deviance and harm. It was wrong then and it is wrong now.”
This derogatory action at the expense of trans people appears to be part of a pattern of behavior from Heffernan in his official capacity.
In March, Heffernan left the floor right before lawmakers voted on Proposal 4, conveniently missing the bill vote. PR 4, if passed by the state’s voters in the fall, would amend the state constitution to enshrine protections against unjust treatment, including discrimination based on a “person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.”
Heffernan told VTDigger at the time that he left because his stomach was feeling “agitated” and he needed to use the restroom. He said he had not made up his mind on how to vote on the amendment, largely because he’d heard from constituents urging him both to vote for and against it.
“My pizza hit at the right time, I guess,” he said, calling the timing “convenient.”
Despite his leaving — and being the only lawmaker to do so — the state Senate voted to pass it 29-0, with Heffernan marked “absent.” This came after the state House of Representatives voted to pass it 128-14 last week.
Vermont Senate Democrats condemned the statement and used the opportunity to emphasize the need for the state to pass PR 4 on Nov. 4.
“In the wake of Sen. Heffernan’s comments, the stakes of this election couldn’t be more clear,” the statement provided to the Washington Blade read. “Transgender and nonbinary Vermonters are our neighbors, our friends, and our family members. On Friday, Sen. Heffernan used his platform as an elected official representing the people of Vermont to dehumanize them. Senate Democrats will never stop fighting for dignity for all Vermonters. We demand Senator Heffernan apologize to those he has harmed with his words and actions.”
State Sen. Kesha Ram Hinsdale (D-Chittenden Southeast), speaking in her capacity as chair of the Senate Ethics Panel, responded to similar transphobic comments made by President Donald Trump in a White House counterterrorism strategy document last week, in which he said those with “extreme transgender ideologies” should know “we will find you and we will kill you,” stating:
“A lot of people are living in fear in this country because of what somebody with the power of the pen and the power of the military is saying every day,” Hinsdale said. “Just because [speech] is protected does not mean it is worthy of this institution, and does not mean it is worthy of the office we hold and the power that we wield in the lives of Vermonters.”
The Blade reached out to Heffernan for comment but has not heard back.
Former U.S. Rep. Barney Frank (D-Mass.) died on Tuesday. He was 86.
The Massachusetts Democrat served in the U.S. House of Representatives from 1981-2013. Frank in 1987 became the first member of Congress to voluntarily come out as gay.
The Washington Blade earlier this month interviewed Frank after he entered hospice care at his Ogunquit, Maine, home where he lived with his husband, Jim Ready, since 2013. The former congressman, among other things, talked about his new book, “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.”
The book is scheduled for release on Sept. 15.
NBC Boston reported Frank’s sister, Ann Lewis, and a close family friend confirmed his death.
The Blade will update this article.
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