National
ExxonMobil to consider barring anti-LGBT job discrimination
Resolution pushed by N.Y. official not likely to succeed: sources
All eyes will be on one of the nation’s largest publicly traded companies next week when shareholders will vote on whether the company should make LGBT protections part of its formal non-discrimination policy.
At a meeting set for May 30 in Dallas, shareholders for the ExxonMobil Corp. will vote on a resolution to include sexual orientation and gender identity in the equal employment opportunity policy for its estimated 82,000 workers — a change the company has resisted.
Thomas DiNapoli (Photo by Thomas Good via Wikimedia)
The resolution is being put before shareholders by New York State Comptroller Thomas DiNapoli. He’s trustee of the New York State Common Retirement Fund, which owns more than 16 million shares of ExxonMobil at an estimated market value of $1.3 billion.
In an interview with the Washington Blade, DiNapoli said he introduced the resolution because of the large investment the New York State Common Retirement Fund has in ExxonMobil. In the past three years, DiNapoli has reached agreements with 27 companies to adopt new non-discrimination policies.
“By ExxonMobil not having a clear policy based on sexual orientation and gender identity, it really leaves the corporation to not getting access to the best talent that’s available,” DiNapoli said. “We’re looking at it very much from the point of view of shareholding and wanting our companies to do very well, and we think that this lack of addressing this issue of discrimination is an impediment to ExxonMobil getting the best performance that will benefit our shares.”
ExxonMobil hasn’t included protections for LGBT workers in its equal employment opportunity policy — nor has it offered domestic partnership benefits for employees with same-sex partners — since the company was created as a result of the merger between Exxon and Mobil in 1999.
Mobil protected employees on the basis of sexual orientation and offered domestic partner benefits prior to the merger, but Exxon didn’t. Once the companies joined, the sexual orientation protections were rescinded and new employees were barred from receiving domestic partner benefits.
A vote on reinstating domestic partner benefits within the company won’t take place on May 30 because no such resolution has been proposed.
LGBT advocates are pushing for ExxonMobil shareholders to adopt a more LGBT-friendly policy at the shareholders meeting next week.
Tico Almeida, president of Freedom to Work, called on all private companies like ExxonMobil to adopt LGBT-inclusive non-discrimination policies because they’re “morally right and good for business.”
“Non-discrimination policies improve worker productivity, worker retention, worker recruitment and increase profits — and that’s why a vast majority of Fortune 500 companies have adopted LGBT non-discrimination rules, and that’s why it’s so jarring that ExxonMobil continues to be such an outlier with such outdated policies,” Almeida said.
Tico Almeida, president of Freedom to Work (Blade file photo by Michael Key)
Almeida discounted the importance of having a shareholder vote on whether to adopt the policy and said the board should skip the vote and on its own accord make LGBT protections part of the company’s equal employment opportunity policy.
One of the chief advocates of an executive order barring federal contractors from discriminating against LGBT workers, Almeida said the situation with ExxonMobil also speaks to the need for the Obama administration to pursue administrative action against workplace discrimination. The White House announced last month it wouldn’t at this time take such action.
“As taxpayers, we have a right to demand that companies that profit from our taxpayer money do not discriminate against LGBT Americans,” Almeida said. “It is our money as American citizens, and we should exercise that right because LGBT discrimination is not only morally wrong, it’s inefficient.”
According to Freedom to Work, ExxonMobil has raked in more than $1 billion in federal contracts over the course of the last decade. In the last fiscal year, ExxonMobil won $158 million in federal contracts.
But Almeida is taking the matter a step further and saying the White House should call on ExxonMobil to adopt the LGBT protections as part of its policy. Almeida said he’s had conversations with White House staff on this matter.
As evidence that the administration has promised to educate companies on the need for non-discrimination protections, Almeida pointed to a news conference on the day after the White House announced it wouldn’t issue the executive order for federal contractors.
During the briefing, White House press secretary Jay Carney said the administration was committed to “directly engaging with and educating all sectors of the business community — from major corporations to contractors to small business — and raising public awareness about the human and financial costs of discrimination in the work force.”
Almeida said, “We are urging them to take a strong stand in the next week or two to push ExxonMobil to accept the New York State shareholder resolution, which is a promise that Jay Carney made at that press briefing.”
The White House didn’t respond to a request for comment on the call for ExxonMobil to add non-discrimination protections as part of its policy.
Additionally, Freedom to Work set up an online petition at Change.org to encourage ExxonMobil to update its policy. As of early Tuesday, the petition had 200 signatures.
“The corporation ExxonMobil takes millions of dollars in American taxpayers’ hard-earned dollars every year through federal contracts, but Exxon’s corporate bosses refuse to follow American values – like judging their employees based on their talent and hard work rather than whom they love,” the petition letter states.
Cece Cox, CEO of Resource Center Dallas, a local LGBT and HIV/AIDS organization, said she wants to see the Dallas-based company change its policy because the company operates in close proximity of her organization.
“It’s the only remaining Fortune 10 company that doesn’t have an inclusive policy of sexual orientation, and they’re right here in our backyard,” Cox said. “As our neighbors, we would like to encourage and be in conversation with ExxonMobil about this issue.”
Cox said the Resource Center has contacted ExxonMobil’s vice president of human resources, M.A. Farrant, to encourage the company to adopt an LGBT-inclusive policy and sent a letter to Marilyn Carlson Nelson, an ExxonMobil board member and CEO of Carlson Companies whom they think may be amendable to the resolution because she wrote an op-ed against the proposed anti-gay amendment in Minnesota.
The company has sought to block the vote on adopting an LGBT-inclusive non-discrimination policy from taking place. The company’s board had asked the Securities & Exchange Commission to block the resolution from coming before shareholders, but the agency rejected the request in March.
According to ExxonMobil, the company already has protections for LGBT workers. An ExxonMobil spokesperson referred to protections based on sexual orientation and gender identity that are already included in the employment policies and practices page on the company’s website, which specifically states the company has a “zero-tolerance policy” for discrimination based on sexual orientation or gender identity.
A letter dated Jan. 20, 2012 from James Parsons, ExxonMobil’s coordinator for corporate securities and finance, suggests this policy statement is sufficient protection for LGBT employees.
“To be clear, in my opinion the statement of our employment policy specifically referencing sexual orientation and gender identity set forth on ExxonMobil’s internet employment policy page gives employees and potential employees precisely the same legal standing and access to rights and remedies — including the internal enforcement remedies available for violations of ExxonMobil policy, up to and including termination of the offending employee — as would be the case if these categories were instead referenced in the Standards of Business Conduct booklet,” Parsons writes.
In response, DiNapoli said this policy isn’t enough and noted the Securities & Exchange Commission denied that inclusion of sexual orientation and gender identity in this policy was a reason to block the resolution.
“We really think that they should have it stated in their policies, not just something on the website,” DiNapoli said. “[The EEO policy] is part of their written policies and procedures that follow from it. Obviously, the SEC made a resolution that our determination could go ahead because they basically found that what we were suggesting wasn’t in effect at ExxonMobil. So, I think that they are not accurate in what they’re portraying.”
ExxonMobil, the largest company in the world in terms of revenue, is known for having anti-gay policies. The most recent Corporate Equality Index from the Human Rights Campaign scored the company at “-25” — the lowest rating of any company.
LGBT advocates speaking with the Washington Blade couldn’t identify any incidents of LGBT job discrimination at ExxonMobil, but nonetheless said a change in company policy is necessary.
Paul Guequierre, an HRC spokesperson, emphasized the importance of ExxonMobil adopting an LGBT-inclusive equal employment opportunity policy as a way to make it more competitive with other companies.
“It’s important that non-discrimination policies include sexual orientation and gender identity,” Guequierre said. “We know the vast majority of Fortune 500 companies — including ExxonMobil’s competitors in the oil industry — offer these protections.”
Crosby Burns, research associate on LGBT issues at the Center for American Progress, said the adoption of an LGBT-inclusive policy is particularly important for ExxonMobil because the company is based in Texas, which has no statutory protections against LGBT job bias.
“ExxonMobil is one of the largest employers in Texas, and adding sexual orientation and gender identity to its EEO policy would give LGBT workers significant employment protections in a state where there sadly are none,” Burns said.
The upcoming meeting won’t be the first time ExxonMobil shareholders have had to vote on adopting an LGBT-inclusive non-discrimination policy. The New York State Common Retirement Fund has been the sponsor of similar resolutions each year since 2008.
According to ExxonMobil, votes cast in favor of the proposal have declined in recent years, from a high of 39.6 percent in 2008 to 19.9 percent at last year’s annual meeting. Still, the 2011 vote represented more than 500 million shares at a market value of more than $42.4 billion.
While emphasizing the need for ExxonMobil to adopt the policy, advocates weren’t confident about whether shareholders would ultimately vote to approve the LGBT non-discrimination resolution next week.
DiNapoli said “we’re always optimistic” that shareholders will adopt the new policy as opposed to rejecting it and the chances are better that they’ll support it this year.
“As a nation generally, and certainly in terms of shareholders being informed about what’s going on, the prospects are better than they were in other years, but obviously, we’ll have to wait and see what the vote is,” DiNapoli said. “I’m certainly confident at some point we’re going to have success in regard to ExxonMobil’s policies; I’m hoping it will be this year.”
The Resource Center’s Cox said she doesn’t think shareholders will approve the resolution — just as they’ve rejected it in years past — but said she isn’t normally in the business of predicting.
“I don’t have reason to think that it’s going to get approved,” Cox said. “I’d be surprised if it does this year, but I think there’s opportunity to work with Exxon leadership, and that’s what we’re trying to do.”
Almeida said he thinks the shareholder resolution will face a close vote, but added if it fails, the outcome will be another reason for Obama to issue an executive order barring workplace discrimination for federal contractors.
“That will increase the need for President Obama to fulfill his campaign promise of signing the executive order for federal contractors because there’s no way ExxonMobil would risk losing lucrative federal contracts in order to keep its antiquated anti-LGBT policies,” Almeida said. “If the president signs the executive order, they will immediately cave.”
Wyoming
U.S. attorney nominee confirmed despite anti-LGBTQ history, no trial experience
Nine felony grand jury indictments tied to Darin Smith dismissed last week
Republicans confirmed Darin Smith as U.S. Attorney for the District of Wyoming on Monday, regardless of his history as interim U.S. Attorney for Wyoming and a state senator.
While serving as interim U.S. Attorney for Wyoming — after being appointed by President Donald Trump last July despite never trying a case outside of his time as a law student intern — former state Sen. Darin Smith likely prejudiced jurors during grand jury proceedings.
Nine felony grand jury indictments tied to Smith’s tenure were dismissed last week.
Judges dismissed felony indictments against Cheyenne Swett, Richard Allen, Michael Scott Hopper, Brian Joseph Johnson, Dennison Jay Antelope, Matthew Christopher Jacoby, Matthew Miller Jr., Wolf Elkins Duran, and Jose Benito Ocon. The now-dismissed charges included felony firearm possession, drug distribution, and possession of child pornography, among other allegations.
Smith allegedly told the grand jury that the defendants were “bad guys,” described them as “murderers,” and said deliberations “won’t take long.”
Even the U.S. Attorney’s Office for the District of Wyoming acknowledged that Smith’s comments were “ill-advised.”
Smith has a history of aligning with Trump over the Constitution and supporting anti-LGBTQ legislation.
In 2025, Smith co-sponsored House Bill 0194, titled “Obscenity amendments,” which, among other provisions, would have criminalized drag shows. The bill also would have repealed exemptions for public and school librarians from the crime of “promoting obscenity” to minors. The wording of the bill was so vague that Republican state Rep. Lee Filer said, “We will end up having to arrest somebody for allowing a child to read the Holy Bible.”
Smith also co-sponsored SF0062, a bill requiring public school students to use restrooms, sex-designated changing facilities, and sleeping quarters that align with their sex assigned at birth. In March 2025, the Wyoming governor signed the bill into law, along with its House companion.
He also attended the Jan. 6 Capitol riot alongside thousands of other Trump supporters.
“Smith was on the Capitol grounds on Jan. 6 … and made the reprehensible claim … that the hundreds of Capitol Police officers who risked their lives that day were guilty of ‘massive incompetence.’ Smith blames the police for what happened on Jan. 6. Without evidence, he claimed that rioters who breached the Capitol were victims of entrapment,” U.S. Sen. Dick Durbin (D-Ill.) said. “Moreover, Smith is not remotely qualified to be a U.S. Attorney. He’s going to be in the package — take it or leave it. Prior to becoming the interim U.S. Attorney, he had no courtroom or litigation experience whatsoever. None. And Smith’s lack of experience has had real-world consequences.”
Prior to his work in the Wyoming state legislature, Smith worked as Director of Planned Giving for the Family Research Council, an organization that describes homosexuality as “harmful” to society with “negative physical and psychological health effects.”
The organization also believes that sexual orientation “should [not] be included as a protected category in nondiscrimination laws or policies, as it is not comparable to inborn, immutable characteristics such as race or sex.”
During questioning before the U.S. Senate, he denied that his work with the organization shows he has loss of impartiality when it comes to matters of LGBTQ rights.
Also questioning, Smith was asked about a now-deleted Facebook post in which he appeared to express support for Kim Davis, the Kentucky county clerk who was found to be unconstitutional in her refusal to issue same-sex marriage licenses, despite Obergefell v. Hodges.
“Perhaps Hillary and Obama can share the cell with Kim Davis for refusing to uphold the Defense of Marriage Act,” the post said.
When asked why he posted it, Smith told Durbin: “I do not recall.”
Josh Sorbe, spokesperson for the Senate Judiciary Committee Democrats and Durbin, said:
“Anti-LGBTQ+ extremist Darin Smith has no business serving as a top law enforcement officer in any state — let alone a state with as much history of queer importance as Wyoming. He’s an unqualified insurrectionist with no experience litigating criminal or federal matters, and his bigotry puts into serious question his commitment to upholding the law for all Americans.”
Human Rights Campaign Vice President of Government Affairs David Stacy also condemned Smith’s confirmation to the U.S. Attorney’s office.
“The justice system in America is supposed to be about ensuring the law is applied fairly and equally. But Darin Smith has spent his career obsessed with making life worse for LGBTQ+ people, opposing marriage equality, cosponsoring state legislation targeting transgender youth, and smearing LGBTQ+ people in public statements,” Stacy said. “Just over two decades after Matthew Shepard was brutally murdered in that same state, Wyoming deserves better than tired anti-LGBTQ+ hate at the helm of federal law enforcement. The Senate should reject Darin Smith and demand a nominee who will put the people — and justice — first.”
Vermont
Vt. lawmaker equates transgender identity with bestiality
Vermont Democrats condemned comments, demanded apology
State Sen. Steven Heffernan (R-Addison) equated transgender people to bestiality on the Vermont Senate floor on May 15 while debating an animal cruelty bill.
Heffernan, who was elected in 2024 to the state Senate, constructed a scenario in which a trans person is indistinguishable from someone committing bestiality.
“In these crazy times, what happens if the individual identifies as an animal having intercourse with an animal? How is the courts going to handle that?” the former member of the Vermont Air National Guard said while debating House Bill 578. “Being that we voted through Prop Four, and if it does make it through this state, and I have a gender identity that I identify as a dog and had sex with my dog, is this law going to affect me?”
State Sen. Tanya Vyhovsky (D-Chittenden Central), who presented H. 578 responded professionally.
“The bill that we are putting forward in the current law is quite clear that any act between a person and an animal that involves contact with the mouth, sex organ, or anus of the person, and the mouth, sex organ, or anus of the animal, without a bona fide veterinary purpose, will be a crime.”
In the video, Heffernan continued to ask inappropriate questions — questions that Vyhovsky answered.
“If I identify as that animal, will this be able to … It says a person. I’m not a person. I’m identifying as this animal I’m having intercourse with,” he said. “We are identifying genders, of whatever gender we decide we want to be, and I think I like this bill. I’m going to vote for this bill, but I want to make this chamber aware of what’s coming.”
Vyhovsky made a statement saying this was a planned move in an attempt to “other” trans Vermonters instead of protecting them.
“Senator Heffernan knew exactly what he was doing,” said Vyhovsky. “Sen. Heffernan is using the same dehumanizing playbook that has been used against LGBTQ+ people for generations — the false, ugly suggestion that queer and trans identity is synonymous with deviance and harm. It was wrong then and it is wrong now.”
This derogatory action at the expense of trans people appears to be part of a pattern of behavior from Heffernan in his official capacity.
In March, Heffernan left the floor right before lawmakers voted on Proposal 4, conveniently missing the bill vote. PR 4, if passed by the state’s voters in the fall, would amend the state constitution to enshrine protections against unjust treatment, including discrimination based on a “person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.”
Heffernan told VTDigger at the time that he left because his stomach was feeling “agitated” and he needed to use the restroom. He said he had not made up his mind on how to vote on the amendment, largely because he’d heard from constituents urging him both to vote for and against it.
“My pizza hit at the right time, I guess,” he said, calling the timing “convenient.”
Despite his leaving — and being the only lawmaker to do so — the state Senate voted to pass it 29-0, with Heffernan marked “absent.” This came after the state House of Representatives voted to pass it 128-14 last week.
Vermont Senate Democrats condemned the statement and used the opportunity to emphasize the need for the state to pass PR 4 on Nov. 4.
“In the wake of Sen. Heffernan’s comments, the stakes of this election couldn’t be more clear,” the statement provided to the Washington Blade read. “Transgender and nonbinary Vermonters are our neighbors, our friends, and our family members. On Friday, Sen. Heffernan used his platform as an elected official representing the people of Vermont to dehumanize them. Senate Democrats will never stop fighting for dignity for all Vermonters. We demand Senator Heffernan apologize to those he has harmed with his words and actions.”
State Sen. Kesha Ram Hinsdale (D-Chittenden Southeast), speaking in her capacity as chair of the Senate Ethics Panel, responded to similar transphobic comments made by President Donald Trump in a White House counterterrorism strategy document last week, in which he said those with “extreme transgender ideologies” should know “we will find you and we will kill you,” stating:
“A lot of people are living in fear in this country because of what somebody with the power of the pen and the power of the military is saying every day,” Hinsdale said. “Just because [speech] is protected does not mean it is worthy of this institution, and does not mean it is worthy of the office we hold and the power that we wield in the lives of Vermonters.”
The Blade reached out to Heffernan for comment but has not heard back.
Former U.S. Rep. Barney Frank (D-Mass.) died on Tuesday. He was 86.
The Massachusetts Democrat served in the U.S. House of Representatives from 1981-2013. Frank in 1987 became the first member of Congress to voluntarily come out as gay.
The Washington Blade earlier this month interviewed Frank after he entered hospice care at his Ogunquit, Maine, home where he lived with his husband, Jim Ready, since 2013. The former congressman, among other things, talked about his new book, “The Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.”
The book is scheduled for release on Sept. 15.
NBC Boston reported Frank’s sister, Ann Lewis, and a close family friend confirmed his death.
The Blade will update this article.
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