National
Victory Fund urged lawmaker to remain in closet: report
Critic claims gay group wanted Sims, not Fleck, to be first out Pa. official
Rep. Mike Fleck came out last year but said the Victory Fund advised him to stay in the closet, even after winning re-election. (Photo public domain)
A gay Republican member of the Pennsylvania House of Representatives created a stir last week when he told the Philadelphia Gay News in an interview that the Gay and Lesbian Victory Fund urged him to delay coming out until after the November 2012 election and possibly later.
Denis Dison, the Victory Fund’s senior vice president for programs, disputed claims by critics that the group pushed for Rep. Mike Fleck’s delay in coming out because it wanted another candidate it endorsed to become the state’s first openly gay state lawmaker.
Fleck, who won election in 2006 in the state’s rural, conservative 81st District, told PGN he was ready to come out as gay in the spring of 2012. At the time he had secured the Republican Party nomination for re-election and learned that no Democrat planned to run against him in the November general election.
“I was running unopposed so I didn’t see what the fallout would be,” PGN quoted him as saying. “But Victory Fund frowned upon that and said, ‘No, no, you’ve got a lot of people in tough races, your colleagues, and this isn’t an issue in their race. You can’t come out and put them like a deer in headlights, have them asked things like, ‘Your best friend just came out, where are you on equality legislation?’”
PGN reported that Fleck said when the election came and went the Victory Fund continued to urge him to delay coming out. But this time he ignored the advice and arranged for his hometown newspaper, the Huntington Daily News, to do a story reporting his coming out in its Dec. 1, 2012 edition.
The story of his coming out was picked up by other media outlets in the U.S. and even abroad and quickly went viral.
Fleck’s comments to PGN prompted lesbian commentator Faith Elmes to write a column for the Pennsylvania blog Keystone Student Voice questioning the Victory Fund’s motives in reportedly urging Fleck to postpone coming out. Elmes accused the Victory Fund of pushing for Fleck to stay in the closet long enough so that gay activist and attorney Brian Sims, a Democrat, would emerge as the state’s first openly gay member of the Pennsylvania House in his bid for a seat in a liberal, Democratic district that includes part of Philadelphia.
The Victory Fund endorsed Sims’ election bid and promoted him to potential campaign donors as being poised to become the first openly gay member of the state legislature. Sims defeated a pro-gay incumbent in the Democratic primary and ran unopposed in the November 2012 general election in what observers say is a safe Democratic district.
Elmes noted that Sims served on the Victory Fund’s campaign board that decides which candidates the group should endorse in its role as the nation’s leading advocate for the election of openly LGBT candidates for public office.
“If Mr. Sims secured the full title of ‘first openly gay legislator in PA,’ the organization would have amplified media presence after ‘their guy’ won,” Elmes wrote. “The Victory Fund could claim credit for prevailing in what they call on their website a ‘Horizon State’ [in which no out LGBT person held elective office to the state legislature].”
Sims, who takes strong exception to Elmes’ assertions, said he resigned from the Victory Fund’s board before he announced his candidacy for the 182nd House district, as is required under Victory Fund rules for all board members seeking to run for public office.
Dison, citing strict confidentiality rules in the Victory Fund’s role in advising closeted elected officials on how best to come out, declined to comment on what the group said to Fleck during the time he deliberated over whether to come out.
However, in a written statement to the Blade, he disputed claims that the Victory Fund’s endorsement of Sims played any role in its advice to Fleck.
“What’s important to us isn’t who was the first, but that the LGBT community finally gained not one but two authentic voices in the state legislature in the same year,” Dison said in his statement. “Our work assisting closeted officials who want to come out is aimed at increasing the likelihood they can remain public servants,” he said.
“That was our only consideration when we advised Rep. Mike Fleck last year,” said Dison. “Other theories are false.”
Some media outlets reported that Fleck became the state’s first openly gay state representative by way of coming out in the Dec. 1, 2012 newspaper story. These reports note that Sims didn’t take office until Jan. 1, when he took the oath of office at the state capital in Harrisburg.
But others, including Sims, point to the state constitution, which declares that the legislative session officially begins on the first day of December following the November election.
“For all of the things that are sort of gray and up in the air – this is not,” Sims told the Blade in a phone interview on Tuesday. “Article 2, Section 2 of our state constitution is two lines, and it’s very clear. My term began on the first day of December. My ceremonial swearing in was just that, a ceremonial swearing in on Jan. 1.”
Assuming Sims’ interpretation of the state constitution is correct, he and Fleck became “openly gay” lawmakers on the same day.
Fleck couldn’t immediately be reached for comment.
Sims said he did not know that Fleck planned to come out until a day or two before the newspaper story reporting his status as a gay man was published last December. He said he and Fleck are on good terms. Sims said a few days after Fleck came out he wrote a column in the Huffington Post welcoming Fleck.
“I was really frustrated that there were people who felt like Mike was trying to steal the spotlight or trying to race me somehow to this mythical title of first gay whatever,” Sims said. “That wasn’t the case.”
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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