National
HRC announces independent review of president ensnared in N.Y. AG report
Chicago-based law firm to undertake 30-day investigation
The nation’s leading LGBTQ advocacy group has announced to staff an independent review of Alphonso David, president of the Human Rights Campaign, after he was ensnared in the damning report from the New York attorney general finding Gov. Andrew Cuomo violated the law by sexually harassing 11 women employees.
A pair of emails — one from the Human Rights Campaign board, the other from David — went out Monday morning and announced the independent review would be conducted by the Chicago-based Sidney Austin LLP that will take no longer than 30 days to complete. The emails were shared with the Washington Blade and a representative for the Human Rights Campaign confirmed the emails were accurate.
David, in his email, says he “fully endorse[s]” the review, reiterating he has joined calls for Cuomo to resign and denies any wrongdoing.
“One thing this horrible situation reminds us of is that discrimination, misconduct and abuse often thrive in darkness, and it makes me more determined than ever to continue fighting injustice and speaking up for those who need our voice,” David writes.
A spokesperson from Sidney Austin LLP didn’t immediately respond in time for this posting to comment on the nature of the review, who will conduct it or the timeline to reach benchmarks within that 30-day window.
The announcement comes nearly a week after New York Attorney General Letitia James issued the explosive report, which sent shockwaves through the LGBTQ community as many called on David to resign.
David has denied any wrongdoing from the start, and the Human Rights Campaign board stood by him by announcing on the day the report was issued the organization had renewed his contract for another five years.
Internally, things are tense for David as the organization suffers from high turnover and the movement is under strain as anti-transgender bills advance through state legislatures and the Equality Act is held up in Congress. According to a report in the Huffington Post, a recording of a one-hour staff meeting between David and staff on Wednesday revealed a tense question as they asked him about his role in the Cuomo affair. One staffer asked, “When are you resigning?”
Another LGBTQ advocate included in the report is already making moves. Roberta Kaplan, who successfully argued in 2013 against the Defense of Marriage Act and has taken cases of women accusing former President Trump of sexual assault, has stepped down from her role as a board member for “Time’s Up,” according to reports in the Associated Press and New York Times.
(Kaplan was described in the report as having reviewed and read a potential op-ed seeking to discredit one of the survivors of sexual harassment to see if it was OK to make public. The op-ed went unpublished.)
The emails on Monday from the HRC board recognize the distress David’s inclusion in the report has caused the LGBTQ community. As noted in the email from the board and David, many people in the the LGBTQ community are survivors of sexual misconduct. Both emails, nonetheless, express a desire to continue forward.
“One thing we want to make clear, this investigation will in no way hinder the organization’s continued pursuit of the critical work necessary to being equity and liberation to the LGBTQ+ community,” the board writes in the email.
David in his email goes into detail about the findings in the report, maintaining he had no knowledge about any incident of sexual misconduct as described in the report and his inclusion in the report indicates no wrongdoing.
Although the report says David kept material from a personnel file on one of the accusers after he left Cuomo’s office and, after being asked by Cuomo for a copy, assisted in returning it to them in efforts to distribute it to the media and discredit the alleged victim, David says he was “legally obligated” to provide the report and “was not involved” in its public dissemination. Why he had the material in the first place is not addressed in his email. David is quoted in the report as saying that was because he was involved in counseling the employee.
Another component of report indicates David said he’d help seek out names for the op-ed that would have sought to discredit the accuser, although he allegedly said he wouldn’t sign the document. David, in his email, acknowledges he refused to sign it and says he “never agreed to circulate it.”
David, however, doesn’t in the email address a third component of the report finding he took part in discussions among Cuomo’s staffers about calling another accuser and secretly obtaining a recording in an attempt to discredit her. David told the Blade that was because his role in the conversation was in his capacity as legal counsel.
Although voices have emerged calling on David to resign, other LGBTQ leaders have come to David’s defense and others say they’re awaiting further information before rending a judgment.
Elizabeth Birch, a former executive director of the Human Rights Campaign, said in an email to the Washington Blade she stands behind David.
“I have enormous respect for Alphonso David,” Birch said. “No person who has endured sexual harassment should ever be silenced. I believe Alphonso when he states he did not participate in attempts to silence any of Governor Cuomo’s accusers.”
Meanwhile, the report is already hampering efforts to advance the legislative agenda for the LGBTQ movement and passage of the Equality Act, which was already all but dead in the U.S. Senate. Sen. Charles Grassley (R-Iowa) last week sent a letter to the Senate Judiciary Committee asking for inclusion of the AG report in the record, drawing on the ties between David and Cuomo’s sexual misconduct to build the narrative from opponents of the Equality Act asserting it would be a threat to women’s safety.
Kierra Johnson, executive director of the National LGBTQ Task Force, said in an email to the Washington Blade she is withholding judgment and her organization is “still processing the media related to the NY AG Cuomo investigation and report.”
“It is imperative, albeit at times difficult, that we remain vigilant in finding and accepting the truth and implementing interventions that facilitate our ability to rebuild trust and keep the work moving forward,” Johnson said. “These times require that we slow down, challenge ourselves to articulate and understand complexity and nuance, resist being reactive and lean into our values. We condemn sexual harassment and abuse, and we are in solidarity with the survivors’ quests for justice.”
Johnson, however added, the report makes clear Cuomo “should resign” because that would be “the right thing to do for NY and for survivors everywhere.”
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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