National
Troop survey draws criticism
Activists assail ‘derogatory’ language in Pentagon questionnaire
Defense Secretary Robert Gates (Washington Blade photo by Michael Key)
A new Pentagon study that aims to gather the views of military spouses on “Don’t Ask, Don’t Tell” repeal has invoked the ire of LGBT advocacy groups that are claiming bias in the questionnaire.
According to the Defense Department, the survey went out Aug. 20 to 150,000 military households and is intended to inform the work of the Pentagon group working on a plan to end “Don’t Ask, Don’t Tell.”
“We’re going to look at that information and develop an implementation plan for a possible repeal of ‘Don’t Ask, Don’t Tell,’” said Cynthia Smith, a Defense Department spokesperson.
But LGBT rights groups advocating for repeal of “Don’t Ask, Don’t Tell” say the survey questions are biased and assume a negative impact of repealing the 1993 law banning open service in the U.S. military.
Among the survey questions:
• Has your spouse ever worked on a daily basis with an individual he or she believed to be a homosexual service member?
• Compared with other service members in the community, how much did that service member participate in military social activities?
• Would a repeal of “Don’t Ask, Don’t Tell” affect your preference for your spouse’s plans for his or her future in the military?
• Assume “Don’t Ask, Don’t Tell” is repealed and you live in on-base housing. If a gay or lesbian service member lived in your neighborhood with their partner, would you stay on-base or would you try to move out?
Alex Nicholson, executive director of the Servicemembers United, said Monday in a statement that the spousal survey was even more derogatory toward gay and lesbian personnel than a previous survey sent directly to U.S. troops.
“While it is wise to solicit and consider military spouse input on policy changes that will have a major impact on military families, it is extremely unwise to do so for issues that have minimal impact on spouses while also using poorly designed, biased and derogatory survey instruments,” Nicholson said.
Nicholson added that the Pentagon should be concerned with what he called “real family readiness issues,” such as excessive deployments, inadequate mental health support and low troop pay.
Michael Cole, a Human Rights Campaign spokesperson, said in response to a Blade inquiry on the survey that his organization doesn’t believe the survey is necessary in the first place.
“Gay and lesbian troops are serving now, albeit in silence,” Cole said. “Given that this entire process is about how, not if, to implement repeal, we look forward to the day sometime soon when all of these are non-issues to open service.”
The spousal survey comes on the heels of another survey the Pentagon issued to 450,000 troops to collect their views on eliminating “Don’t Ask, Don’t Tell.”
According to the Pentagon, only about one-quarter of those surveys were returned by their due date on Aug. 25. Smith said the Pentagon received 110,000 of the 450,000 surveys it distributed.
Nicholson said such a return rate shows troops have little interest in the survey and don’t care about changing “Don’t Ask, Don’t Tell.”
“While the Department of Defense and [survey coordinator] Westat are spinning the low response rate to the ‘Don’t Ask, Don’t Tell’ survey as expected and sufficient, neither are disclosing the fact that the military leaders have had to put significant pressure on troops on multiple occasions to even get this level of response,” Nicholson said. “Some commanders and senior leaders have even told subordinates that participation is mandatory.”
Nicholson said the limited responses degrade of the credibility of the survey and “violate ethical standards that prevent researchers from compelling respondents to participate in survey research.”
In addition to seeking input from military spouses, the Pentagon also is working with LGBT groups to find a way to obtain feedback from the same-sex partners of U.S. service members without outing those troops under “Don’t Ask, Don’t Tell.”
Smith said the Pentagon is “currently in the process” of working with advocacy groups to determine how to reach out to partners of gay and lesbian service members.
Trevor Thomas, spokesperson for the Servicemembers Legal Defense Network, said SLDN is among the groups with which the Pentagon is consulting on this matter.
“While there are legal questions and concerns around confidentiality, we’re working to find the safest approach possible and make sure their important voices are heard,” he said.
Palm Center report
shows ‘Don’t Ask’ costs
In a related development, the Palm Center, a think tank on gays in the military at the University of California, Santa Barbara, last week published a report outlining 12 “costs” of the law.
The report, titled “Don’t Ask, Don’t Tell: Detailing the Damage,” cites several ways in which the U.S. military has been harmed as a result of having the law in place for 17 years.
According to the report, “Don’t Ask, Don’t Tell” harms the armed services by:
• wasting the talents of essential personnel with critical skills who were fired for their sexual orientation, including Arabic language specialists, medical professionals and combat aviators. The report cites a Governmental Accountability Office study saying 757 troops with “critical occupations” were fired between fiscal years 1994 and 2003;
• hampering recruitment and retention by shrinking the pool of potential enlistees for the U.S. military. The report cites a study from the Williams Institute at the University of California that says 41,000 qualified gay Americans may join the U.S. armed forces if the ban on open service were lifted;
• imposing financial costs on the U.S. military. The report cites a 2005 GAO study saying “Don’t Ask, Don’t Tell” has cost the military $190.5 million: $95.4 million to recruit replacements for service members separated under the policy and $95.1 million to train them;
• wasting the time of officers who must investigate and discharge outed gay, lesbian and bisexual troops.
In a statement, Nathaniel Frank, who wrote the report as a senior fellow at the Palm Center, said the work is intended to draw new attention to the damage that “Don’t Ask, Don’t Tell” inflicts on the military.
“Much of the debate about whether to repeal ‘Don’t Ask, Don’t Tell’ has focused on the fact that the ban is unfair and unnecessary,” he said. “But there is less familiarity with the profound damage the policy causes, and so there isn’t quite the sense of urgency among some policymakers to lift the ban. This report details a long list of costs imposed by ‘Don’t Ask, Don’t Tell’, that show the policy has achieved the opposite of what it was supposed to accomplish.”
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.
U.S. attorney nominee confirmed despite anti-LGBTQ history, no trial experience
Vt. lawmaker equates transgender identity with bestiality
Gay Men’s Chorus celebrates 45 years at annual gala
BREAKING NEWS: Barney Frank dies at 86
Intersex lives, constitutional freedom, and the dangerous future of Ghana’s Human Sexual Rights and Family Values Bill
Disillusioned about democracy? Think of it as a community garden
Honey, have we been priced out of gay paradise?
IDAHOBiT a reminder we all must stand up against transphobia
PHOTOS: Blade Summer Kickoff Party
