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Senate panel advances two gay judicial nominees

McShane, Quinones reported out favorably by voice vote

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Nitza QuiƱones, United States Senate Committee on the Judiciary, Washington Blade, gay news
Nitza QuiƱones, United States Senate Committee on the Judiciary, Washington Blade, gay news

Nitza QuiƱones Alejandro nomination as a U.S. judge was approved by Senate panel (Image courtesy of the United States Senate)

Following a call from the White House to fill vacancies on the federal court, a Senate panel on Thursday approved two openly gay nominees to the floor en banc as part of a group of six pending appointments.

The Senate Judiciary Committee reported out by voice vote the nominations of Michael McShane, nominated for a seat on the U.S. District Court for the District of Oregon, and Nitza Quinones Alejandro, nominated for a seat U.S. District Court for the Eastern District of Pennsylvania. Both nominees were named by President Obama in the previous Congress and renominated again at the start of this year.

McShane, whose nomination was recommended by Sen. Ron Wyden (D-Ore.), has served on theĀ Multnomah CountyĀ Circuit CourtĀ since 1997, where he handles civil, criminal and family court cases.Ā If confirmed, he would be the first openly gay federal judge in Oregon.

Quinones, whose nomination was recommended by Sen. Bob Casey (D-Pa.), serves as a judge on the Philadelphia County Court of Common Pleas, where she has presided since 1991 over civil and criminal matters. A Puerto Rico native,Ā Quinones would be the firstĀ out lesbian Latina to serve as a federal judge.

The committee has advanced the nominees as the Obama administration is ramping up public pressure on the Senate to confirm judicial appointments.Ā On Tuesday, White House Press Secretary Jay Carney offered a three-slide presentation on vacancies remaining in the federal judiciary — notingĀ the average wait time for an Obama judicial nominee to get a floor vote is three to four times longer than it was during the Bush administration.

“This is a problem that needs to be resolved for the sake of our judicial system, for the sake of a carrying out of justice in our country in an expedited and deliberate manner,” Carney said.

It should be noted the committee votes onĀ Quinones andĀ McShane were scheduled before Carney offered his remarks on Tuesday during the White House briefing.

Carney particularly emphasized the importance of confirmingĀ Caitlin Halligan, another nominee,Ā to serve on the U.S. Court of Appeals for the D.C. Circuit. But the following day, Senate Republicans succeeded in filibustering the nomination. President Obama in a statement afterward said he was “deeply disappointed” because he believes Halligan is highly qualified for the role.

But earlier this week, the Senate confirmed by voice vote the nomination ofĀ Pamela Ki Mai Chen, a lesbian, for a seat on the U.S. District Court for the Eastern District of New York. She’s the first openly gay Asian-American confirmed to the federal bench.

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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 ā€œbad guys,ā€ described them as ā€œmurderers,ā€ and said deliberations ā€œwon’t take long.ā€

Even the U.S. Attorney’s Office for the District of Wyoming acknowledged that Smith’s comments were ā€œill-advised.ā€

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 ā€œObscenity amendments,ā€ 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 ā€œpromoting obscenityā€ to minors. The wording of the bill was so vague that Republican state Rep. Lee Filer said, ā€œWe will end up having to arrest somebody for allowing a child to read the Holy Bible.ā€

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.

ā€œSmith 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 ā€˜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,ā€ U.S. Sen. Dick Durbin (D-Ill.) said. ā€œMoreover, 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.ā€

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 ā€œharmfulā€ to society with ā€œnegative physical and psychological health effects.ā€

The organization also believes that sexual orientation ā€œshould [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.ā€

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.

ā€œPerhaps Hillary and Obama can share the cell with Kim Davis for refusing to uphold the Defense of Marriage Act,ā€ the post said.

When asked why he posted it, Smith told Durbin: ā€œI do not recall.ā€

Josh Sorbe, spokesperson for the Senate Judiciary Committee Democrats and Durbin, said:

ā€œAnti-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.ā€

Human Rights Campaign Vice President of Government Affairs David Stacy also condemned Smith’s confirmation to the U.S. Attorney’s office.

ā€œThe 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,ā€ Stacy said. ā€œJust 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.ā€

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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.

ā€œIn 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?ā€ the former member of the Vermont Air National Guard said while debating House Bill 578. ā€œBeing 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?ā€

State Sen. Tanya Vyhovsky (D-Chittenden Central), who presented H. 578 responded professionally.

ā€œThe 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.ā€

In the video, Heffernan continued to ask inappropriate questions — questions that Vyhovsky answered.

ā€œIf 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,ā€ he said. ā€œWe 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.ā€

Vyhovsky made a statement saying this was a planned move in an attempt to ā€œotherā€ trans Vermonters instead of protecting them.

ā€œSenator Heffernan knew exactly what he was doing,ā€ said Vyhovsky. ā€œSen. 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.ā€

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 ā€œperson’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin.ā€

Heffernan told VTDigger at the time that he left because his stomach was feeling ā€œagitatedā€ 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.

ā€œMy pizza hit at the right time, I guess,ā€ he said, calling the timing ā€œconvenient.ā€

Despite his leaving — and being the only lawmaker to do so — the state Senate voted to pass it 29-0, with Heffernan marked ā€œabsent.ā€ 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.

ā€œIn the wake of Sen. Heffernan’s comments, the stakes of this election couldn’t be more clear,ā€ the statement provided to the Washington Blade read. ā€œTransgender 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.ā€

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 ā€œextreme transgender ideologiesā€ should know ā€œwe will find you and we will kill you,ā€ stating:

ā€œA 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.ā€

The Blade reached out to Heffernan for comment but has not heard back.

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National

BREAKING NEWS: Barney Frank dies at 86

Former Mass. congressman came out as gay in 1987

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Former U.S. Rep. Barney Frank (D-Mass.) when he was in Congress. (Washington Blade photo by Michael Key)

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, ā€œThe Hard Path to Unity: Why We Must Reform the Left to Rescue Democracy.ā€

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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