National
Key senator says hold off on ‘Don’t Ask’ repeal
Ben Nelson wants to wait, follow guidance from Gates

Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn "Don't Ask, Don't Tell." (Photo courtesy of Nelson’s office)
Sen. Ben Nelson, right, talks with U.S. Army General David Petraeus. Nelson this week said he would vote against a legislative effort to overturn “Don’t Ask, Don’t Tell.” (Photo courtesy of Nelson’s office)
A key U.S. senator has told the Blade that he opposes repealing “Don’t Ask, Don’t Tell” at this time.
In a brief exchange on Capitol Hill, Sen. Ben Nelson (D-Neb.) said Tuesday he would vote against an effort next week to overturn the law. He said he wants to adhere to guidance from Defense Secretary Robert Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen on holding off on repeal.
Asked whether he would vote in favor of a repeal measure, Nelson replied, “No, I want to follow with the advice and the suggestions of Secretary of Defense Gates to have the study that is underway right now before we make that final decision — because it’s not a question of ‘whether,’ it’s a question of ‘how.’”
A vote on repealing “Don’t Ask, Don’t Tell” as part of major defense budget legislation could take place next week during the Senate Armed Services Committee markup of the fiscal year 2011 defense authorization bill. Markup proceedings are scheduled to begin May 26 and are closed to the public.
It remains unclear whether there are enough votes on the committee to make repeal part of the legislation. Mustering enough votes to repeal the statute could be a challenge for opponents of “Don’t Ask, Don’t Tell,” following Nelson’s comments.
Repeal efforts were complicated last month after Gates released a letter to Congress saying he would “strongly oppose” repeal before the Pentagon completes at year’s end its study on the issue. Since then, supporters of repeal — including Sen. Carl Levin (D-Mich.) — have advocated for a compromise in which Congress would vote now to repeal the law but delay implementation of repeal until 2011.
Asked whether he would be open to such a measure, Nelson appeared to be unaware that such an approach to “Don’t Ask, Don’t Tell” has been under consideration, but was reluctant to support the idea.
“I don’t know,” Nelson said. “I haven’t seen that legislation. I know there’s probably some support for that, but I think it’s been made pretty clear by Secretary Gates that we shouldn’t take any action until the study is completed, and that’s my position. That’s where I’m going to stay.”
Nelson’s statements came as a disappointment to people who had identified him as an uncommitted vote on “Don’t Ask, Don’t Tell” that could be moved in favor of repeal this year.
He was among six senators that LGBT organizations, including the Human Rights Campaign, had lobbied through a grassroots campaign to vote in favor of repeal. The other five are Sens. Evan Bayh (D-Ind.), Robert Byrd (D-W.Va.), Scott Brown (R-Mass.), Bill Nelson (D-Fla.), and Jim Webb (D-Va.).
Alex Nicholson, executive director of Servicemembers United, said Ben Nelson is only one of the six key senators and estimated that only two or three votes from those six are needed to advance repeal.
“If Sen. Nelson is entrenching himself that hard on that side of the vote, then I think he risks putting himself down on the wrong side of history,” Nicholson said. “That’s something he’s going to have to live with for the rest of his career, and that’s going to be part of his legacy.”
Nicholson said Nelson’s apparent unfamiliarity with delayed implementation legislation could mean that high-level discussions with him on moving forward with that plan hadn’t yet occurred.
‘Don’t Ask’ opponents push on
Even with Nelson representing a “no” vote on repeal during the committee vote, supporters of ending “Don’t Ask, Don’t Tell” are moving forward with plans for a vote next week during the committee markup.
Sen. Joseph Lieberman (I-Conn.), the sponsor of standalone repeal legislation in the Senate, told the Blade that supporters of repeal are “working hard” to find a way forward for passage in the committee.
“Obviously, we were set back somewhat from the letter by Secretary Gates, but we’re talking to every member of the committee,” he said. “We have some, I think, creative ideas about how to deal with … concerns that Secretary Gates expressed.”
Lieberman said he’s uncertain if the votes are there for passage, but noted that “it’s important to get this done this year.”
Sen. Mark Udall (D-Colo.), another member of the Senate Armed Services Committee and a strong proponent of repeal, said he doesn’t think anyone knows whether the votes are there in the committee for repeal, but he’s “feeling guardedly optimistic” about the prospects.
“It’s crucial that we take this opportunity to lift it,” he said. “There’s different ideas about how to best work with the Pentagon on this approach, but I still think you could study and repeal.”
Nicholson said he thinks supporters “have a really good shot” at getting the two or three votes necessary to win repeal during Senate markup next week.
“It’s really going to come down to some of the one-on-one conversations that Levin and Lieberman are having this week with their colleagues on the committee,” he said.
In the wake of the Gates letter, many repeal supporters see pushing forward with delayed implementation legislation as the optimal path for a successful vote on ending “Don’t Ask, Don’t Tell” this year.
Lieberman said supporters are looking at alternatives, including a bill “to enact repeal, but have it not be this year, to have it not be effective until either sometime next year” or until the Pentagon working group issues a certification of its study.
“I think Secretary Gates was really talking about he doesn’t want us to do this until the rank-and-file military has had a chance to be heard,” Lieberman said. “So we’re trying to find a way to take legislative action this year, but still respect the opinions of the military and maybe delay the implementation until sometime next year.”
Lieberman said a number of different ideas are being discussed among committee members, but delayed implementation legislation “seems to be the one that commands the most support.”
Also noting that delayed implementation could have traction is Udall, who said such a bill is “one of the ideas” being discussed.
“That still remains my preferred course,” he said. “In other words, you would make it very clear the law is repealed, and then you put in place the timeframe by which you implement the changes that are necessary.”
Despite this push and work toward a compromise, the six targeted members of the Senate Armed Services Committee have been reluctant to endorse repeal publicly, although none of these six have been as explicit as Ben Nelson in their opposition.
Sen. Jim Webb (D-Va.) has maintained on several occasions the importance of the Pentagon study as a means to inform Congress on how to approach repeal of “Don’t Ask, Don’t Tell.”
Asked this week whether he’s made a decision on how he’ll vote should an amendment come before him, Webb replied, “I think we need to respect the process that Secretary Gates and Adm. Mullen put in place.”
Webb had a similar response when asked whether his position would be any different for delayed implementation legislation.
“I think we should honor the process that they’ve put in place,” Webb said. “I think people should understand that it’s a pretty significant historical event in terms of what Adm. Mullen said during that hearing in February.”
The offices of Bill Nelson and Bayh sent statements to the Blade that were similarly non-committal in how the senators would vote. The statements were virtually identical to those the offices sent to the Blade last month.
Dan McLaughlin, spokesperson for Bill Nelson, said the senator is “inclined” to support repeal, but “wants to see Secretary Gates’ study on how it would impact the military.”
In a statement, Bayh said his “personal belief” is that people serving their country in the armed forces “ought to be able to serve it openly,” but noted that he wants military leaders to be able to speak up on this issue.
“President Obama is absolutely right to solicit the input and support of his top military commanders about the effects of repealing the ‘Don’t Ask, Don’t Tell’ policy,” he said. “I will make a final decision after receiving the input of our top commanders.”
Some of the targeted senators were staying mum this week on how they’d vote should an amendment come before them. Byrd’s office declined to comment in response to a Blade inquiry on the issue. Brown’s office didn’t respond to multiple requests for comment.
Obama MIA in repeal effort?
As supporters of repeal work to gather support, one notable absence among those lending a hand is President Barack Obama.
Repeal of “Don’t Ask, Don’t Tell” was one of Obama’s campaign promises, but a number of senators say the White House hasn’t contacted them to move them one way or the other on the issue.
In public statements on the “Don’t Ask, Don’t Tell” issue, the White House has consistently refrained from saying Obama supports attaching repeal as part of the defense authorization bill.
Asked whether the White House is being helpful in building support, Lieberman suggested the president could be playing a greater role.
“I mean, they’re obviously for this, so we need their help,” he said.
Nicholson said he didn’t know if the White House had been helpful in moving senators in favor of repeal, but noted that he hasn’t “seen any evidence of that, certainly.”
Each of the targeted senators to whom the Blade spoke said they had not heard from the White House or the Pentagon on the issue.
Asked whether the White House or the Pentagon had contacted him to influence his vote on “Don’t Ask, Don’t Tell,” Ben Nelson replied, “No, no.”
Jessica Smith, a Webb spokesperson, echoed those remarks in response to a Blade inquiry.
“As for the White House or the Pentagon contacting our office?” she said. “I don’t believe so.”
Similarly, McLaughlin said he doesn’t believe the White House or the Pentagon has contacted Bill Nelson to inform his vote on the issue.
“To my knowledge, neither the White House nor the Pentagon has recently contacted Bill about this issue,” McLaughlin said.
A White House spokesperson didn’t immediately respond to the Blade’s request for comment on why Obama hasn’t reached out to the senators.
National
Still marching: Rev. Troy Perry and the ongoing fight for liberation
MCC founder reflects on Pride’s beginning, ongoing power of radical representation
Long before tone-deaf Target swag and rainbow-scented hashtags lit up the very queer month of June, Rev. Troy Perry was helping the LGBTQ community create space where it did not yet exist, and he did so with little more than faith and perseverance. This Pride season, as communities around the world fight once again with rising attacks on LGBTQ rights and democratic freedoms, Perry returns to the movement he helped build for a conversation rooted not only in history but in survival. The unveiling of Steps to Liberation at Founders Metropolitan Community Church serves as an uplifting reminder that Pride is not just a parade but also serves as a commitment to continue to advocate for our community.
Joined by original rainbow flag co-creator Lynn Segerblom, Perry looks back on the legacy of the first Pride marches, the spiritual and political power of real representation, and why the rainbow flag still matters nearly fifty years after its creation. As Founders MCC transforms its front steps into a vibrant rainbow pathway, the symbolism feels especially timely — freedom is not a destination, it’s something communities continuously build together, step by step. In our interview, Perry speaks candidly on activism, faith, and his continued belief that even in difficult times, hope remains an unwavering act of resistance.
You’ve been at the forefront of LGBTQ history for decades. What does this moment, unveiling Steps to Liberation, mean for you? You’ve often spoken about visibility as an act of courage. Why is that still not only true but also essential today?
I will be 86 years old in another month. Not in the best of health and in a wheelchair, but still a LGBTQ activist at heart. I tell my husband, Phillip De Blieck, that I never thought I would live this long. He and I will be celebrating our 41st anniversary this year.
In the early days of our struggle for our liberation, I used to cut up and tell people there’s just nothing like a good demonstration to get my heart pumping. This is what I feel as we dedicate the Steps of Liberation! Another symbol of our freedom. We’re here, we’re queer, and we’re gonna fight to our last breath, to win all the rights that the colors on the steps represent.
When you think back to organizing the first Pride march in Los Angeles, what emotions or memories visit you?
Having the guts to follow through on our vow to hold a pride parade, no matter what! We did follow through and sued the city of Los Angeles for the right to hold that parade. We won! Thank God for the ACLU. The next thing I thought was, my God, look at all the people who have come out to be in the parade, and to watch it. I was also thankful that no one was hurt that day, and the pride I had of being a part of that demonstration.
How does this new installation reflect the spirit of those early days of activism?
The steps of liberation tell all who see it that we are still here and not afraid after 56 years have passed since our first Pride parade.
The theme of IDAHOBIT 2026 is “The Heart of Democracy.” In your view, how has the LGBTQ movement played its part in influencing our country’s democracy?
I think that most of us have played by the rules and use the cards dealt to us to make a difference in our democracy here in the USA. The LGBTQ community has changed so much in 56 years. Today, members of our community are serving in every political office in our country. We have gay and bisexual city council members, lesbian governors, and trans state legislators. We have a gay man who has run for president of the United States. The heart of democracy is a right given to all of us to work to change our country so that all of us are treated the same. Nothing more, nothing less!
You’ve often spoken about visibility as an act of courage. Why is that still not only true but also essential today?
I tell groups of young LGBTQ people to be yourself. Flaunt it! Coming out of the closet is the best thing you can do. Whether you come out fast or slow, just come out. If you are going to do it, now is the time. I am so proud of young people who are using the Internet, TikTok, and YouTube to make a difference for us. Your siblings are looking for you!
What do you hope someone feels the first time they walk up the Rainbow Steps?
God, does this feel good! Why didn’t I do this a long time ago?
How has faith intersected with activism in your life?
This is my testimony. Most of my relatives would tell you that I have been deeply spiritual all my life. I have had the opportunity to live a very interesting life. I started preaching when I was 13 years old. I was licensed to preach in the Southern Baptist church at age 15. I married heterosexually at age 18. I started pastoring my first church at age 19. I am the father of two children. I am a Vietnam-era veteran. I was divorced at age 26 and founded Metropolitan Community Church at age 28. I have been slapped in the face, spat on, had some people try to murder me, and cursed by some throughout my life, all because I dare call myself a clergyman as a gay man. Has it been worth it? Absolutely. I would not change my life for anything. I try to always keep my faith intact.
In moments when progress feels uncertain or under threat, what keeps your hopes up?
I have my husband, Phillip, and friends that I can talk to. I also have a favorite scripture that keeps me going: though God slay me, I will trust in God. Job 13:15
How do you see younger folks carrying forward the legacy you helped build?
Don’t give up the fight. Organize, organize, organize!
The launch of Flag50 looks ahead to the 50th anniversary of the rainbow flag. What do you think folks should be reflecting on as that milestone approaches?
I love the Pride flag! It gives us hope that there can be a tomorrow. I love the colors and what they represent. Hopefully, we will be able to teach this in our schools one day, along with the American flag and how each of those colors is meant to give us dignity, as well as hope.
How do art and public installations like this one shape cultural change in ways that perhaps policy can’t?
Laws are important because they protect us, but art touches the heart first. A public installation like the Steps of Liberation tells our story without anyone having to say a word. A young person can walk up those steps and realize they are not alone. Families can see our colors and remember that LGBTQ people are part of every community in America. Art creates visibility, and visibility changes hearts and minds. Sometimes culture changes before politics catches up. I believe symbols matter. The rainbow flag matters. These steps matter. They remind us that liberation is not just something you read about in history books. It is something we continue to live every day.
What threats facing our LGBTQ community today concern you more than others?
I worry when people try to erase us, especially our transgender brothers and sisters and LGBTQ young people. I have lived long enough to know that fear and hatred can grow when people stop seeing each other as human beings. We cannot go backward. I also worry when people become discouraged and think their voice no longer matters. That is exactly when we must organize, vote, speak out, and stand together. We have survived attacks before, and we will survive them again, but only if we refuse to be silent. Silence has never protected our community. Courage and love have.
What does it mean to you to take that next step, and how would you advise our readers to take it?
Every generation has its own next step to take. For some, it means coming out. For others, it means speaking up when someone is being mistreated. It may mean marching, voting, creating art, serving your community, or simply learning to love yourself exactly as God made you. The important thing is not to stand still. Keep moving forward. Keep believing that change is possible. I have spent my whole life taking one step after another with people who dreamed of a better world. My advice is simple: do not wait for someone else to do the work. Take the next step yourself, and bring somebody with you.
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.”
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