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Time running short for ending ‘Don’t Ask, Don’t Tell’

Activists pressure Senators to end ban during lame duck session

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White House Press Secretary Robert Gibbs rankled LGBT advocates after he failed to mention ‘Don’t Ask, Don’t Tell’ repeal when asked about legislative priorities in the lame duck session of Congress. (Washington Blade photo by Michael Key)

Supporters of “Don’t Ask, Don’t Tell” repeal are pushing the Senate to end the law in the lame duck session of Congress amid questions about whether sufficient support exists to complete the task by year’s end.

One Democratic aide, who spoke on condition of anonymity, told the Blade that Senate passage of major defense budget legislation to which “Don’t Ask, Don’t Tell” repeal is attached would require “all the stars aligning” as well as active support from President Obama and Defense Secretary Robert Gates.

Asked this week whether those elements were coming into alignment as the lame duck session approaches, the aide said, “Hell no. We ain’t anywhere near alignment.”

Senate Armed Services Committee Chair Carl Levin (D-Mich.) told reporters on Tuesday that passing the fiscal year 2011 defense authorization bill with the “Don’t Ask, Don’t Tell” repeal language presents challenges.

“We’re trying to get both things accomplished, and we just don’t know if we can,” Levin said, according to the Grand Rapids Press.

“Republicans have filibustered the whole defense bill because of that [‘Don’t Ask, Don’t Tell’] provision. There’s some people who say that unless the defense bill has that provision, that we shouldn’t pass it,” he continued. “My position is, we should try to get both things done some way or another.”

Media reports circulated this week that Levin was engaged in talks with Sen. John McCain (R-Ariz.) to advance the defense authorization bill after stripping it of the “Don’t Ask, Don’t Tell” repeal language.

But while some see challenges in moving forward with legislative repeal of “Don’t Ask, Don’t Tell,” others see a path forward if certain conditions are met.

Winnie Stachelberg, senior vice president for external relations at the Center for American Progress Action Fund, said Tuesday in a conference call with reporters that advocates are in a “solid position” to see legislative repeal of “Don’t Ask, Don’t Tell” before year’s end.

Stachelberg cited recent public statements from the White House, Senate Majority Leader Harry Reid (D-Nev.) and Gates to back that assertion.

“The administration’s really strong statement [Monday], Sen. Reid’s statement saying they are not going to stand for a defense authorization bill that strips out the repeal measure are really strong signals that people are moving to a phase where it’s about procedures, not about the will to get this done,” Stachelberg said.

In the statement on Monday, Pfeiffer said the White House “opposes any effort to strip ‘Don’t Ask, Don’t Tell’ from the National Defense Authorization Act.”

On Sunday, Gates made news when he told reporters that he supports legislative repeal of “Don’t Ask, Don’t Tell,” but isn’t sure of the likelihood of that happening. Previously, he said waiting for the Pentagon working group report on the issue, due Dec. 1, would be the best approach for congressional action.

“I would like to see the repeal of ‘Don’t Ask, Don’t Tell,’ but I’m not sure what the prospects for that are,” Gates said. “And we’ll just have to see.”

Jim Manley, a Reid spokesperson, said the senator wants to see passage of the defense authorization in lame duck, but added an agreement with Republicans is necessary to move forward.

“Like Defense Secretary Gates, Sen. Reid strongly supports the repeal of ‘Don’t Ask, Don’t Tell’ to help strengthen our volunteer force and is continuing to work toward passing the repeal this year,” Manley said. “He, of course, can’t do it alone. The senator needs Republicans to at least agree to have a debate on this issue — a debate he firmly believes the Senate should have.”

In a joint statement on Tuesday, senators known for supporting repeal of “Don’t Ask, Don’t Tell” called for legislative action before the year’s end. Sens. Joseph Lieberman (I-Conn.), Kirsten Gillibrand (D-N.Y.) and Mark Udall (D-Colo.) said the Senate “should act immediately to debate and pass” the defense authorization bill along the with the repeal language in the lame duck session.

“The Senate has passed a defense bill for forty-eight consecutive years,” the senators said. “We should not fail to meet that responsibility now, especially while our nation is at war. We must also act to put an end to the ‘Don’t Ask, Don’t Tell’ policy that not only discriminates against but also dishonors the service of gay and lesbian service members.”

The senators said a failure to act legislatively on “Don’t Ask, Don’t Tell” repeal could mean “a federal judge may do so unilaterally in a way that is disruptive to our troops and ongoing military efforts.” Last month, U.S. District Court Judge Virginia Phillips issued an injunction against enforcing “Don’t Ask, Don’t Tell” that confirmed her earlier ruling striking down the statute, but her decision was stayed by a higher court upon appeal.

“It is important that ‘Don’t Ask, Don’t Tell’ be dealt with this year, and it appears that the only way that can happen is if it’s on the defense bill,” the senators concluded.

Influencing moderate senators who may have voted “no” when the defense bill previously came before the Senate in September to change their votes a second time around is seen as essential for moving forward.

On Tuesday, the Human Rights Campaign announced that it deployed field organizers to eight states — Alaska, Arkansas, Indiana, Maine, Massachusetts, Ohio, Virginia and West Virginia — to persuade senators there to vote in favor of the defense authorization bill and “Don’t Ask, Don’t Tell” repeal. According to HRC, the efforts include mobilizing veterans to speak out, holding public events and blanketing local media with pro-repeal messages.

In a statement, Joe Solmonese, HRC’s president, said lawmakers have “one last chance” in the 111th Congress to “follow the advice of the president and top military leaders by sending ‘Don’t Ask, Don’t Tell’ to the dustbin of history.”

“It would be a travesty for a small group of senators to continue to hold hostage a bill with critical military equipment and pay raises just because some senators don’t want to even debate repeal,” Solmonese said.

The time limit for acting on legislative repeal of “Don’t Ask, Don’t Tell” in the lame duck session is among the challenges in getting it passed. Most repeal supporters say the Senate would need two weeks to debate and vote on the defense authorization bill, and more time is needed to conference the legislation with the U.S. House.

One Republican aide, who spoke on condition of anonymity, said the problem with passing the defense authorization bill isn’t having insufficient votes; it’s having insufficient time. The aide said waiting for a vote on defense authorization bill until December would mean repeal won’t happen this year.

“If Reid is serious about bringing this up, he needs to bring it up next week, he needs to cancel Thanksgiving recess and he needs to get it off the floor and into conference that first week of December,” the aide said.

But Stachelberg said she thinks Congress would stay in session for longer than what many Capitol Hill observers are expecting and would have more time to act on the defense authorization bill.

“Congress has to pass a [continuing resolution] and deal with expiring tax cuts,” Stachelberg said. “We anticipate that these issues will take longer than most people anticipate. A longer lame duck increases the likelihood of passing the defense authorization bill with ‘Don’t Ask, Don’t Tell’ in it.”

Even with a longer lame duck session, whether “Don’t Ask, Don’t Tell” is a priority for the administration remains in question.

Last week, White House Press Secretary Robert Gibbs didn’t mention repeal when asked during a news conference about legislative priorities in the lame duck session of Congress. Instead, Gibbs mentioned extending tax cuts to middle-class Americans and ratification of the START treaty, a nuclear arms reduction agreement with Russia.

Alex Nicholson, executive director of Servicemembers United, criticized the remarks and said the administration needs to make clear that it’ll push for repeal during lame duck.

“These omissions stand in stark contrast to what the president and his staff are saying elsewhere,” Nicholson said. “Mr. President, either your administration is with us or it’s against us, and a mediocre level of public advocacy from your White House is not standing with us.”

Stachelberg said she thinks Dan Pfeiffer’s statement on Monday offers a better sense of what the White House is thinking as opposed to Gibbs’ comments.

“Rather than looking earlier in the day from Gibbs’ comments … I would look to the later comments from Dan Pfeiffer showing that the administration really does care that this gets done and that they’ll stand firm on the defense authorization bill in ensuring that it includes ‘Don’t Ask, Don’t Tell’ repeal,” she said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s “very concerned” Gibbs didn’t list the defense authorization bill as a priority for the lame duck session, but said he doesn’t think in that instance the White House press secretary “was speaking for the president.”

“The president has made it clear to some of us that he wants to get this done in the lame duck and I believe the president will be good on his word on this,” Sarvis said.

Another possible game changer for “Don’t Ask, Don’t Tell” repeal is the completion of the Pentagon working group study on implementing an end to the law. The group has a deadline of Dec. 1 to deliver its report to the defense secretary, but one source said a draft copy is already circulating within the Pentagon.

Sarvis mentioned the circulation of the draft copy and said his understanding is Levin has asked the Pentagon for a report on the status of the Pentagon working group’s recommendations.

“It’s appropriate that he do so when we know that a draft of that report is being circulated and that a draft of that report is in the hands of each one of the service chiefs,” Sarvis said.

Last weekend, Marine Corps Commandant Gen. James Amos, who assumed his position as service chief last month, said now isn’t the time for “Don’t Ask, Don’t Tell” repeal and that he’s trying to determine how to “measure that risk” of ending the law.

On Monday, the general’s comments were rebuked by Chairman of the Joint Chiefs of Staff Adm. Michael Mullen, who said he was “surprised” by Amos’ remarks and surprised he said them publicly.

Sarvis said he thinks what he called Amos’ “tirade” is related to “his being disappointed in what he saw in that report.” Media reports have stated the report will reveal that a majority of U.S. troops don’t care if gays are serving openly in the U.S. armed forces.

Could the report bolster legislative efforts to repeal “Don’t Ask, Don’t Tell”? Stachelberg said the Dec. 1 deadline for the report gives senators ample time to review the findings and take action in lame duck.

“Gates’ comments over the weekend, I think, suggest that this study — in alignment with the legislative process — will be positive,” she said.

The Center for American Progress has identified 10 senators who’ve said they want to see the Pentagon study to help inform their decision on lifting the military’s gay ban.

Among them are Sens. Scott Brown (R-Mass.), Lindsey Graham (R-S.C.), Judd Gregg (R-N.H.), McCain, Mark Pryor (D-Ark.), Olympia Snowe (R-Maine), George Voinovich (R-Ohio) and Jim Webb (D-Va.). The newly elected senators who, because of state election laws, are expected to take their seats during lame duck — Mark Kirk of Illinois and Joe Manchin of West Virginia — have also made statements along these lines.

“Some of these had opportunities to vote for or against repeal in either the House or Senate Armed Services Armed Committee, but each of them took the opportunity to say that — notwithstanding their ‘no’ votes — they wanted to see the complete assessment before Congress moves forward,” Stachelberg said. “We believe this gives them an opportunity to do so.”

Sarvis said he thinks the completion of this report, as well as Gates’ comments saying he wants congressional action on “Don’t Ask, Don’t Tell,” will be helpful in moving moderate senators to support repeal.

“I believe the report is going to satisfy a number of those senators who said they didn’t want to vote until that report was finished and they didn’t want to vote until they heard from Secretary Gates,” Sarvis said. “Well, they heard from Secretary Gates and they’re going to have the report shortly.”

The election of Kirk in Illinois has been nettlesome to many supporters of “Don’t Ask, Don’t Tell” because he voted against a repeal measure as a U.S. House member, and, upon taking his seat in lame duck, would replace Sen. Roland Burris (D-Ill.), among the strongest supporters of repeal.

Sarvis said Kirk’s position is “not entirely clear,” but emphasized that the newly elected wouldn’t even be in the Senate if Reid schedules the defense authorization bill for a vote early in the lame session.

“If the Senate moves to lay the bill down the week of the 15th when they come back, and we have the critical vote to proceed in November, Sen. Burris will still be in the Senate,” Sarvis said. “The secretary of state of Illinois has indicated that there will not be any certification [to seat Kirk] until December.”

Among those senators identified by the Center for American Progress, McCain has opposed “Don’t Ask, Don’t Tell” repeal even before the Pentagon announced its intention to end the law. Repeal advocates have said they believe McCain will continue to oppose an end to “Don’t Ask, Don’t Tell” no matter the results of the report.

But Stachelberg said the completion of the report may prompt McCain to at least drop his objection to moving the defense authorization bill as a whole to the Senate floor.

“I think he will continue to vote ‘no’ on repeal,” she said. “I think it’s a question about whether he will obstruct and stand in the way of passage of a defense authorization bill — a bill that he has cared about for years.”

After the completion of the Pentagon study, it’s possible that members of the Senate Armed Services Committee would call for hearings to examine the working group’s findings. Having to wait for hearings could delay congressional action on “Don’t Ask, Don’t Tell.”

But Rudy DeLeon, senior vice president of national security and international policy for the Center for American Progress Action Fund, said the Senate can take action to repeal “Don’t Ask, Don’t Tell” before holding hearings on the issue.

DeLeon noted that the legislation pending before Congress has a 60-day waiting period from the time that repeal is certified to the time that an end to “Don’t Ask, Don’t Tell” is enacted.

“There really is a clock that will give the military a full voice, give the military a seat at the table, so the Joint Chiefs and the combatant commanders will certainly be able to offer their views on the implementation of the repeal,” he said.

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Still marching: Rev. Troy Perry and the ongoing fight for liberation

MCC founder reflects on Pride’s beginning, ongoing power of radical representation

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Rev. Troy Perry (Photo courtesy of Founders MCC)

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.

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Politicians, activists pay tribute to Barney Frank

Former congressman died on Tuesday

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Then-U.S. Rep.Barney Frank (D-Mass.) (Washington Blade photo by Doug Hinckle)

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.   

Barney Frank (left) and Jim Ready at their wedding ceremony. (File photo courtesy of Frank’s office)

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. Sen. Tammy Baldwin (D-Wis.) with former Congressman Barney Frank (D-Mass.) in 2022. (Washington Blade photo by Michael Key)

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. 

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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

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Darin Smith (Photo public domain)

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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