National
S.F. couple ‘elated’ over deferred deportation
USCIS allows Wells, Makk to stay together in country
Bradford Wells breathed a sigh of relief this week following the news that his Australian-native spouse, Anthony Makk, won’t be forced to leave the United States anytime soon.
“I’m absolutely elated,” Wells said. “The pressing issue of my family being destroyed has been dealt with for the time being.”
On Wednesday, Wells, 56, received a letter from U.S. Customs & Immigration Services that potential deportation action on Makk, 49, won’t happen for at least two years.
Wells said he received the news while watching the Republican presidential candidates on television and feeling discouraged by their anti-gay rhetoric when he received an unexpected phone call.
“It was Nancy Pelosi calling,” Wells said. “She called to tell me that the problem had been solved and Anthony had been given deferred action and that my family would be together. The deferred action was good for two years. That gave me such a feeling of joy and relief.”
Wells and Makk met with House Minority Leader Pelosi (D-Calif.) to discuss their situation in D.C. during an October meeting, according to The Advocate.
Makk said he was “over the moon happy” upon hearing about the deferred action because it means his efforts to stay in the United States haven’t been in vain.
“To be able to remain here legally has been important to us, and it always has been,” Makk said. “The fact that they don’t grant this [deferred action] to many people at all makes this even more special.”
Under current immigration law, straight Americans can sponsor their foreign spouses for residency in the United States through a marriage-based green card application, but the same option isn’t available to gay bi-national couples because the Defense of Marriage Act prohibits federal recognition of same-sex marriage.
Consequently, foreign nationals in same-sex marriages could be deported if they’re undocumented or upon the expiration of their green cards. Makk was in the United States from 2000 to 2010 under a business visa, but after his company shut down, he lost his visa status and faced separation from the country.
For Wells, the prospect of being separated from his spouse was distressing because he has AIDS and depends on his spouse for care.
“He helps me get through when things just seem too difficult for me to deal with,” Wells said. “Sometimes I get so sick, I can’t deal with them … I’ve been in a lot of pain lately, so walking has been very difficult. He helps me out with that.”
Wells and Makk became a high-profile case when the San Francisco Chronicle profiled them in July and reported on the U.S. Customs & Immigration Service’s decision to deny the couple a green card. Even though the couple was married in Massachusetts in 2004 and has been together 19 years, they were unable to receive a green card because of DOMA.
But the letter dated Jan. 4 from U.S. Customs & Immigration Services states that Makk has been granted temporary deferment and won’t have to worry about deportation for that period of time.
“This is to advise you that effective today, January 4, 2012, you have been granted deferred action for a period of two years,” the letter states. “This action will expire on January 3, 2014.”
The letter explains that the deferred action is the result of prosecutorial discretion being exercised by U.S. Citizenship & Immigration Services, but doesn’t confer or alter any immigration status.
Still, the letter also states that as a person granted deferred action, Makk can apply for employment authorization in the United States. Additionally, he’s eligible for an extension of this deferred action beyond the two years that have already been allotted.
USCIS didn’t respond to the Washington Blade’s request for comment on why Wells and Makk were given deferred action in their case.
The decision falls within the scope of the prosecutorial discretion memo on deportations that the Department of Homeland Security issued in June. Additionally, the move is consistent with the Obama administration’s plan announced in August to take low-priority cases out of the deportation pipeline on a case-by-case basis.
Steve Ralls, a spokesperson for Immigration Equality, which is handling the Wells and Makk case, said the action marks the first time the administration has moved to protect a bi-national couple before the start of removal proceedings.
“For the first time, the federal government has intervened, prior to the initiation of removal proceedings, to grant real, tangible relief to a married bi-national couple,” Ralls said. “The decision to grant Anthony deferred action, which can be renewed beyond the initial two years if needed, is a welcome change from the uncertainty and threats of separation that have hung over this family, so and many others, in the past.”
In a statement, Pelosi called the deferred action a “positive resolution of Anthony’s immigration petition” and a “personal victory” for Makk and Wells.
“Anthony would have faced deportation because of the discriminatory Defense of Marriage Act, even though he has lived in the United States for more than 20 years, has no criminal history, has never lived here illegally and is the primary caregiver to his husband,” Pelosi said. “The Obama Administration’s recent efforts to prioritize immigration enforcement for the removal of criminals and others who pose a threat to national security helped pave the way for today’s good news.”
Pelosi wasn’t the only lawmaker who helped. Wells said Sen. Dianne Feinstein (D-Calif.) and gay State Sen. Mark Leno, who represents San Francisco in the California Legislature, also had roles in pressuring the U.S. government to allow his partner to remain in the United States.
Even though USCIS has taken action, Wells said he isn’t sure whether the remedy will be enough because Makk is unable to leave the country under his current status.
“”I know that Anthony cannot leave the country and come back,” Wells said. “That’s something that still worries me. If something should happen to a family member in Australia, if one of his relatives dies, or if one his relatives gets really sick, he will not be able to go back to his family there.”
Immigration Equality’s Ralls said the administration can take further action to protect other bi-national gay couples in similar situations to Wells and Makk.
“While the best solution remains a policy that would provide lesbian and gay spouses, just like straight spoues, an opportunity to obtain a green card, this action is significant nonetheless,” Ralls said. “Moving forward, it should be repeated for other couples until DOMA is repealed or UAFA is law.”
Former U.S. Rep. Barney Frank (D-Mass.), who served in the U.S. House of Representatives from 1981 until his retirement in 2013 and who became the first member of Congress to voluntarily come out as gay in 1987, died on May 19, at the age of 86, at his home in Ogunquit, Maine.
His passing came less than a month after he announced he had entered home hospice care due to terminal congestive heart failure under the care of his husband, Jim Ready, and shortly after finishing writing a new book entitled, “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.”
Despite his frail health, during the last few weeks of his life, Frank agreed to do interviews with multiple news media outlets, including the Washington Blade, where he reflected on his sometimes-controversial positions on issues such as transgender rights.
He told the Blade he had been living with his husband in their shared home in Maine since the time of his retirement in 2013 and called his husband a “saint” for caring for him during his illness. In 2012, at the age of 72, Frank married Ready, becoming the first sitting member of Congress to marry someone of the same sex.

News of his passing prompted an outpouring of praise and reflection on his life as a groundbreaking out gay lawmaker by current and former members of Congress and LGBTQ rights leaders.
Massachusetts Gov. Maura Healey announced on May 20 that she had ordered the U.S. flag and the state flag to be lowered to half-staff at all state buildings in honor of Frank’s life and legacy and the recognition of his passing.
“Barney Frank was nothing short of a trailblazer,” said Kelley Robinson, president of the Human Rights Campaign, the nation’s largest LGBTQ advocacy organization, in a statement. “At a time when being openly gay in public service could cost you everything, he chose visibility,” Robinson said.
Robinson and other LGBTQ advocates also pointed to Frank’s role in speaking out in Congress for stronger efforts to address the AIDS epidemic during the early years of HIV/AIDS, his push for the repeal of the “Don’t Ask, Don’t Tell” policy to initially allow gays to serve openly in the military, the enactment of marriage equality for same-sex couples, and broader anti-discrimination protections.
Frank has also been credited with helping to pass the federal Matthew Shepard and James Byrd Jr. Hate Crimes Protection Act of 2009.
In addition to his longstanding support for LGBTQ rights, political observers have said one of his most important achievements in Congress was his role, as chair of the House Financial Services Committee, in becoming co-author of what became known as the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
Coming at the time of a nationwide banking crisis, the New York Times has called the Frank bill that he and then-U.S. Sen. Christopher Dodd (D-Conn.) wrote “the most significant overhaul of the nation’s financial regulations since the Great Depression.”
Frank was born and raised in Bayonne, N.J., and graduated from Bayonne High School.
He graduated from Harvard College in Massachusetts in 1962 and worked in various places, including as an assistant to then-Boston Mayor Kevin White, before winning election to the Massachusetts House of Representatives in 1972, where he served for eight years representing a Boston area district. During that time he attended and graduated from Harvard Law School and became a member of the Massachusetts bar in 1979 after passing the bar exam.
In 1980, Frank became a candidate for the U.S. House in the Massachusetts 4th Congressional District, which he won with 52 percent of the vote in a four-candidate race, taking office in January 1981. He won re-election decisively over the next 30 years until announcing in 2012 his plans to retire and he would not run for re-election that year.
The New York Times is among the publications that have reported this week since Frank’s passing that his record as an esteemed and admired lawmaker helped him survive a sex scandal that surfaced in 1990 linking him to male prostitute Stephen Gobie.
Media reports at the time said Frank had patronized Gobie as one of his customers and for a time had Gobie as a roommate in Frank’s D.C. residence in the Capitol Hill neighborhood. In its article this week, the New York Times says Gobie “claimed that in the mid-1980s he had run a prostitution ring out of Mr. Frank’s home.”
Like other media accounts, the Times report adds that following an investigation, “The House Ethics Committee did not substantiate that claim, but it did find that Mr. Frank had fixed 33 parking tickets for Mr. Gobie and sought to shorten his probation on drug and sex-offense convictions by writing a misleading memorandum on congressional stationery to an official involved in supervising Mr. Gobie’s probation.”
The full House voted 408-18 to reprimand Frank for misuse of his office, but it rejected calls by some to censure or expel him.
“I should have known better,” Frank said in a speech on the House floor at that time, according to the New York Times. “There was in my life a central element of dishonesty,” the Times quoted him as saying. “Three years ago, I decided concealment wouldn’t work. I wish I decided that long ago,” he said referring to his 1987 decision to come out publicly as gay.
Despite all of this, Frank was re-elected that year with 66 percent of the vote, a development that his friends and supporters attribute to his reputation as a beloved and highly regarded public figure.
PFLAG, the national advocacy group for parents and friends of LGBTQ people, is among the groups that issued statements this week reflecting on Frank’s positive impact on the LGBTQ community.
“Frank was not only the first openly gay member of Congress, but he was also co-author of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 as chair of the House Financial Services Committee, which helped enshrine housing access for LGBTQ+ people,” PFLAG says in a statement.
“He was also a leading advocate on laws to combat HIV/AIDS,” the statement says, adding that PFLAG’s national office honored Frank with its Champion of Justice Award in 2018.
“Barney was candid, outspoken, quick-witted and downright funny, and he always had his eye on making progress,” said U.S. Sen. Tammy Baldwin (D-Wis.), the first openly lesbian woman elected to the U.S. Senate, in a statement. “He was willing to take on anyone who was in his way, regardless of who they were — I should know, I was one of the many who on occasion got an earful from him,” Baldwin said.
‘But I, and anyone else who spent time with him, were lucky to watch him in action and learn from him,” her statement continues. “Barney was a masterful legislator, savvy and strategic, and always thinking of the long game,” she said. “Our country is a better, more just, more equal place because of him, and he will be sorely missed.”

U.S. Rep. Mark Takano (D-Calif.), who serves as chair of the Congressional Equality Caucus, which represents LGBTQ members of Congress and their congressional allies, issued his own statement on behalf of the caucus pointing out that Frank was one of the two founding members of the caucus.
“I was honored that he came to campaign for me during my run for Congress just a few years after he co-founded the Congressional Equality Caucus, which I now have the distinct honor of leading,” Takano said.
He was referring to Frank and then-Congresswoman Tammy Baldwin’s action in 2008 to found the House LGBT Equality Caucus as the only two openly gay members of Congress, which evolved into the Congressional Equality Caucus.
“Barney proved that what mattered most was the work you did for others,” Takano says in his statement. “I truly believe that we are closer to a more equal world because of Barney Frank,” he said, adding, “Congressman Frank’s legacy touches every part of our fight for LGBTQI+ equality: from his work advocating for HIV and AIDS research to helping pass major pro-equality legislation like the Don’t Ask, Don’t Tell Repeal Act and the Hate Crimes Prevention Act into law.”
In his May 5 interview with the Blade, Frank responded to criticism he received during his tenure in Congress from some LGBTQ rights advocates, especially trans activists, who claimed he had not provided sufficient support for trans rights legislation.
He said he fully supported ongoing efforts to advance trans rights but said those efforts could be jeopardized by pushing issues for which many voters have yet to accept, such as “male to female transgender people playing in women’s sports.”
Among those praising Frank’s life and legacy at the time of his passing is longtime trans activist Diego Sanchez, who became the first openly trans congressional staffer when Frank hired Sanchez as his office’s Senior Policy Advisor. Sanchez remained on Frank’s staff until Frank’s retirement in 2013.
“Barney was a revered statesman for our country at the local, state, and federal levels and a treasured friend to me,” Sanchez told the Blade in a statement. “His belief that prejudice comes from ignorance and is only stricken by visibility explains how he came out openly and how he brought me to his staff, with intent and without apology,” Sanchez said.
He added, “I miss him terribly and am glad I got to spend a week with his husband Jim and him this month. Barney made sure that members of Congress could not say they had never met a trans person. I was honored to be a groomsman in their wedding and will miss Barney’s brilliance, counsel, friendship, and wit.”
Sanchez said celebration of life events are expected to take place in Boston and D.C. and details of those events will be announced soon.
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.

