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Will GOP candidates attack marriage in Iowa, N.H.?

Gay nuptials legal in both early voting states

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Former U.S. House Speaker Newt Gingrich arranged for the donation of $200,000 to the Iowa campaign in the 2010 election that successfully ousted three justices who in ruled in favor of same-sex marriage from the bench. (Blade photo by Michael Key)

The kick-off of the 2012 election season — marked by potential Republican presidential candidates’ travels to the early primary and caucus states of Iowa and New Hampshire — is raising questions about the degree to which the GOP candidates pursuing the White House will attack same-sex marriage in these states where gay nuptials are legal.

The issue of marriage could come to the fore during the early stages of the 2012 race because it will be the first presidential election in which same-sex marriage is legal in the first two states to hold primaries. In Iowa, where same-sex marriage was enacted by court order, the Republican caucuses are scheduled for Feb. 6, and in New Hampshire, where marriage equality was enacted through legislation, the Republican primary is expected Feb. 14.

Many of the potential Republican presidential contenders are already on the record in their opposition to same-sex marriage or have histories working against the advancement of marriage rights for gay couples. For example, former Massachusetts Gov. Mitt Romney and former Minnesota Gov. Tim Pawlenty have come out in favor of state and federal constitutional bans on same-sex marriage.

According to Politico, Rep. Michele Bachmann (R-Minn.), who’s pushed for a constitutional ban on same-sex marriage in her home state, railed against marriage equality on Monday in a speech at the latest installment of the Iowa Family Leader’s presidential lecture series.

“In 5,000 years of recorded human history… neither in the East or in the West… has any society ever defined marriage as anything other than between men and women,” Bachmann was quoted as saying. “Not one in 5,000 years of recorded human history. That’s an astounding fact and it isn’t until the last 12 years or so that we have seen for the first time in recorded human history marriage defined as anything other than between men and women.”

Bachmann also reportedly called Iowa judges “black-robed masters” for legalizing same-sex marriage, echoing a line she used during a previous trip to the state.

“That’s what you had here in Iowa: black-robed masters,” Bachmann said. “They are not our masters. They are not our morality. They are not put there to make the decisions.”

Last month, the Los Angeles Times reported that former U.S. House Speaker Newt Gingrich arranged for the donation of $200,000 to the Iowa campaign in the 2010 election that successfully ousted three justices who in ruled in favor of same-sex marriage from the bench. David Lane, executive director of Iowa for Freedom, the organization that led the campaign, reportedly said the ouster of the justices “wouldn’t have happened without Newt.”

“Newt provided strategic advice and arranged the initial seed money, about $200,000, which is what got everything started,” Lane was quoted as saying.

During the 2011 Conservative Political Action Conference in February., former U.S. Sen. Rick Santorum told the Washington Blade that one law should govern marriage throughout the country as he reiterated support for a U.S. constitutional amendment banning same-sex marriage.

“I was one of the authors of the Federal Marriage Amendment,” Santorum said. “I don’t think you can have varying laws on marriage. You run into, as we’re seeing, all sorts of problems about reciprocity between the states. This is an issue that there should be a law, the people should be able to decide it and hopefully that’s what will happen.”

Still, as he reiterated his support for the Federal Marriage Amendment, Santorum also said the economy and national security should precede marriage as issues of importance in the 2012 election.

Other lower-tier candidates have positions different from full-throated opposition to same-sex marriage. Former U.S. ambassador to China and former Utah governor Jon Huntsman has endorsed civil unions, which is the same position on relationship recognition for same-sex couples that President Obama has. Indiana Gov. Mitch Daniels has called for a truce on social issues, which has earned him criticism from social conservatives within the Republican Party, although he has wavered on his position on a state constitutional amendment banning same-sex marriage in his own state.

Fred Karger, a Republican political strategist and the first openly gay presidential candidate, told the Washington Blade he plans to speak out for same-sex marriage during his campaign as he predicted that other GOP presidential contenders will speak out against marriage as they seek support in Iowa and New Hampshire.

“It will be an issue,” Karger said. “Some of the Republicans running plan on making it an issue. I’m doing my best to stop that and talk about the advantage of gay marriage and just working in both states to move on to more important issues.”

Karger, who gained notoriety after he shed light on the Mormon Church’s involvement in Proposition 8, said he’ll “absolutely” advocate for preserving the right to same-sex marriage in Iowa and New Hampshire over the course of his presidential campaign.

“I think every other Republican who is considering running is adamantly opposed to gay marriage, and then you’ve got the gay candidate who is, of course, the only full equality candidate running in both parties,” Karger said.

Larry Sabato, a political scientist at the University of Virginia, said he thinks the marriage issue will figure prominently during the Iowa caucuses and the New Hampshire primary because of the nature of the voters in these elections.

“We’re talking about GOP primary voters and caucus-goers, and these are much more conservative than the general population — especially those attending a caucus,” Sabato said.

Sabato said he expects the candidates to express strong opposition same-sex marriage in Iowa because of the fundamentalist Christian influence on the Republican Party in the state and because it has become what he called a “big statewide issue.”

But in New Hampshire, where the state slogan is “Live Free or Die,” Sabato said social issues “may play less well.” Still, he observed candidates are stuck with publicly articulated positions wherever they go.

“Romney probably isn’t playing in Iowa so he’s under less pressure [to speak out against same-sex marriage],” Sabato said. “The candidates who are going to contest Iowa will have to tow the line on same-sex marriage. A handful will trumpet their position and make it a centerpiece of their campaigns. Examples: Rick Santorum and Michele Bachmann.”

Advocates who work on both sides of the marriage issue are urging Republican candidates to take strong positions either for or against same-sex marriage — depending on where the advocates stand — as the primary season approaches.

Maggie Gallagher, chair of the National Organization for Marriage, said via e-mail she thinks a Republican candidate who has a position other than opposition to same-sex marriage would not do well in the presidential campaign.

“I think it’s highly unlikely that any candidate who does not support marriage as the union of husband and wife will be a major player for the GOP nomination,” Gallagher said. “If NOM has done nothing else in our first three years (stop: and I think we’ve done more), we’ve clearly demonstrated electorally that it is a really bad idea to be for gay marriage if you are a Republican.”

But Evan Wolfson, executive director of Freedom to Marry, said Republican presidential candidates should look to other high-profile Republicans who have endorsed same-sex marriage — such as gay former Republican National Committee chair Ken Mehlman, former Vice President Dick Cheney, former U.S. solicitor general Ted Olson and former first lady Laura Bush — to determine how they should stand on the issue.

“With poll after poll showing majority support nationwide and increasing momentum in favor of the freedom to marry in virtually every part of the population, it’s in the best interests of Republicans to look to the right side of history, not the right-wing,” Wolfson said.

Still, Wolfson said he expects many Republican candidates would seek to appease social conservatives and “pander to hard-core anti-gay opposition” on the issue of marriage as they pursue their presidential ambitions.

“Such candidates will soon discover that bashing gay families and marriage does not play — and not just in the general electorate, but in states such as Iowa and New Hampshire where non-gay as well as gay family members have seen firsthand how neighbors, kin, and communities are strengthened by the freedom to marry — and the love, commitment and connectedness at its core,” Wolfson said.

The potential renewed attention to same-sex marriage as part of the upcoming presidential campaign also raises questions about whether marriage equality in Iowa and New Hampshire would be in jeopardy as a result of high-profile leaders coming to the states and speaking out against gay nuptials.

Rescinding same-sex marriage in Iowa couldn’t happen easily because marriage was put into place in 2009 as a result of a ruling by the state Supreme Court. Overturning the decision would require ratification of a state constitutional amendment. In Iowa, passage of such a measure requires approval in both chambers of the legislature in two concurrent sessions followed by a majority vote of approval from the electorate, so the earliest same-sex marriage could be undone is 2013.

On Feb. 1, the Republican-controlled Iowa State House approved a constitutional amendment by vote of 62-37, but Senate Majority Leader Mike Gronstal (D) has vowed to block the amendment in the Democratic-controlled Senate.

Troy Price, interim executive director of One Iowa, said he expects Republican presidential candidates to come to Iowa and speak out against same-sex marriage as his organization works to protect marriage equality.

“However, while they try to make this an issue, they are in no way speaking for all the Republicans in Iowa,” Price said. “Earlier this year, former Republican State Senator Jeff Angelo – who sponsored a marriage ban amendment five years ago – came out against current efforts to pass the Anti-Marriage Equality Amendment and write discrimination into our constitution, and we know that there are many other Republicans out there who feel the same way.”

Even with candidates’ rhetoric against same-sex marriage, Price said he remains “confident as ever that marriage will be protected.”

The legalization of same-sex marriage in New Hampshire could be in greater danger because it was enacted through the legislative process and could be repealed. Gov. John Lynch (D) has pledged to veto any repeal legislation that comes to his desk, but the Republican supermajority of the legislature seated last year could find sufficient votes to override his veto to undo the marriage law. A vote on repeal legislation is expected in the House in January, which would be shortly before the Republican presidential primary.

Mo Baxley, executive director of New Hampshire Freedom to Marry, said marriage equality remains popular in the state.

“I don’t think the candidates necessarily want to deal with this issue,” she said. “It’s actually pretty popular in New Hampshire — marriage equality. There’s really strong opposition to repealing it, and I just know if I were a candidate, I would want to weigh in on that.”

Rev. Gene Robinson (Blade photo by Michael Key)

Rev. Gene Robinson, the gay bishop of the Episcopal Diocese in New Hampshire, said last month in a Center for American Progress conference call that LGBT rights supporters in his state “are nervous and aware” of the possible impact on the Republican presidential primary, but nonetheless feels assured that marriage equality will remain on the books.

“We’re assuming that there will be a fight to repeal the marriage equality law in New Hampshire,” Robinson said. “There is a veto-proof majority in both the House and the Senate. Clearly, the governor will veto a repeal if it comes through, but I’m fairly confident that we will get enough Republicans with us that we will forestall a veto.”

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National

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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Vermont

Vt. lawmaker equates transgender identity with bestiality

Vermont Democrats condemned comments, demanded apology

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Vermont state Sen. Steven Heffernan (R-Addison) (Photo public domain; courtesy Vermont General Assembly)

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.

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