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Report documents abuse of LGBTQ asylum seekers in ICE custody

Incidents took place during Biden administration

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Eloy Detention Center, a privately-run ICE detention center in Eloy, Ariz. (Washington Blade photo by Michael K. Lavers)

Human Rights First on Thursday released a report that documents the abuse of LGBTQ asylum seekers who entered U.S. Immigration and Customs Enforcement custody after President Biden took office.

The report notes an ICE PREA (Prison Rape Elimination Act of 2003) coordinator at the LaSalle ICE Processing Center in Jena, La., in October 2021 “prevented” a transgender Mexican man “from providing his attorney a draft copy of the complaint he wished to file” after he was sexually assaulted. Several trans asylum seekers at the same facility said guards “subjected them to transphobic verbal abuse and other mistreatment.”

“A Mexican transgender man reported that in August 2021 a guard pointed at him and said, ‘How many of them are there? That’s not a real man.’,” reads the report. “Guards intentionally called him ‘ma’am’ and ‘girl’ and used incorrect pronouns despite his repeated attempts to correct them.”

The report notes the U.S. Citizenship and Immigration Service’s Houston Asylum Office last spring “went forward with a CFI (‘credible fear’ interview)” for a gay activist from Angola, “even though he expressed that he was suffering symptoms of COVID-19, pain from a recent physical assault, and psychological distress from conditions of confinement, resulting in a negative credible fear finding.”

“The man told the asylum officer that he was experiencing anxiety and felt claustrophobic in the ‘tight space’ where the telephonic interview was being conducted,” reads the report. “The asylum officer proceeded with the CFI during which the man was unable to disclose that he is gay because he was afraid that the officer would inform others at the detention center of his sexuality.”

“He feared that such disclosure would further endanger his life since in detention he had been threatened and harassed by people who called him homophobic slurs, according to his attorney at the Southeast Immigrant Freedom Initiative,” it adds.

Asylum seekers with HIV denied medication

Pablo Sánchez Gotopo, a Venezuelan man with AIDS, died in ICE custody on Oct. 1, 2021. Sánchez had been in ICE custody at the Adams County Detention Center in Natchez, Miss., before his death.

The report not only mentions Sánchez’s death, but other cases of asylum seekers with HIV/AIDS who said they suffered mistreatment while in ICE custody. One case the report cites is a Cuban asylum seeker who said he was “denied access to HIV medication” while in ICE custody at La Palma Correctional Center in Eloy, Ariz., from April-July 2021.

“Despite sending around nine requests for treatment to medical staff, he reported to his attorney at Immigration Equality that he did not receive HIV medication for at least two-and-a-half months,” reads the report.

The report also documents the prolonged detention of asylum seekers who are LGBTQ and/or living with HIV.

Several trans women from Jamaica who were in ICE custody at La Palma Correctional Center and the Eloy Detention Center in Eloy, Ariz., “were subjected to months of traumatic and unnecessary detention before they received CFIs (‘credible fear’ interviews), which confirmed their fear of persecution.” The report notes ICE did not release a bisexual asylum seeker from Ghana from La Palma Correctional Center last spring until an immigration judge granted him bond, even though he passed his “credible fear” interview.

The report cites a trans asylum seeker from Honduras who the Department of Homeland Security detained at the Otay Mesa Detention Center in San Diego for two months, even though he received an exemption to Title 42 that allowed him into the U.S. last summer.

Title 42 is a Centers for Disease Control and Prevention policy that closed the Southern border to most asylum seekers and migrants because of the pandemic. The Biden administration earlier this month announced it will terminate the policy on May 23.

The report notes a gay asylum seeker from Senegal did not receive his “credible fear” interview until he had been in ICE custody for three months. The report also cites the case of an LGBTQ person from Russia who the Department of Homeland Security detained at La Palma Correctional Center, even though he and his partner asked for asylum together at a port of entry in California.

“Under its flawed enforcement priorities, which effectively treat asylum seekers as detention priorities and do not contain exemptions for sexual orientation or gender identity, the Biden administration has detained many LGBTQ asylum seekers for months in ICE detention centers where they are particularly vulnerable to violence,” reads the report.

The report cites studies that indicates detained LGBTQ asylum seekers are 97 times “more likely to experience sexual assault and abuse than non-LGBTQ individuals.”

“Transgender people face a high risk of violence, discrimination and medical neglect in ICE detention, which has resulted in multiple recent deaths,” reads the report. “DHS has long recognized that detained LGBTQ people have ‘special vulnerabilities’ based on sexual orientation and gender identity and issued guidance on release of transgender individuals. Yet despite a February 2021 memorandum committing to ‘protect the human rights of lesbian, gay, bisexual, and transgender persons everywhere,’ the Biden administration continues to detain LGBTQ people, including asylum seekers who request protection at the border.”

Human Rights Report in its report makes a number of recommendations to the Biden administration, the Department of Homeland Security and Congress.

To the Biden administration:

  • End the mass jailing of asylum seekers and shift to community-based case support programs in cases where such support is needed. Community-based case support programs, which generate high appearance rates, should be used rather than “alternative to detention” programs that resort to punitive and intrusive ankle shackles and electronic surveillance or that amount to house arrest.
  • Do not designate or treat asylum seekers as priorities for detention, enforcement, or other punitive treatment. The administration and DHS should rescind the 2021 enforcement priorities memorandum and replace the policy with a protection framework that designates categories of individuals, including asylum seekers, as priorities for protection.
  • Support legislation, including the Dignity for Detained Immigrants Act, limiting the use of immigration detention and mandating bond redetermination hearings before an immigration judge for anyone subjected to immigration detention.
  • Work with Congress to further reduce funding for immigration detention and to instead fund: case support programs; the cost effective and successful Legal Orientation Program (LOP), which should be expanded to border shelter networks as well as all DHS facilities where asylum seekers are held, including CBP and Border Patrol facilities; and expanded legal representation for asylum seekers and other immigrants.

To the Department of Homeland Security:

  • Apply all applicable parole, bond, and other criteria with a presumption that release of asylum seekers is in the public interest, consistent with U.S. human rights and refugee treaty obligations, including the right to liberty under the ICCPR.
  • Issue parole guidance that includes a presumption that release of asylum seekers serves a significant public interest. The guidance should: apply to all asylum seekers regardless of whether they requested asylum at ports of entry or after entering the United States away from a port of entry and regardless of whether they are subjected to expedited removal; prohibit the use of bond as a condition for release on parole; and make all individuals seeking protection, including those placed in reinstated removal proceedings (which should not be used), eligible for parole consideration under the guidance.
  • Issue regulations that include a strong presumption against the use of detention, shifting the burden of proof to the government instead of the non-citizen in all custody determinations to show by clear and convincing evidence that the non-citizen should remain detained.
  • The Office of Inspector General and Office for Civil Rights and Civil Liberties should closely monitor and investigate allegations of abuse, improper use of force and solitary confinement, detention center conditions, medical neglect, racist treatment, disparate impact on Black asylum seekers in ICE detention facilities. These investigations must include interviews with asylum seekers, attorneys, independent medical experts, rights monitors, and relevant non-governmental actors.
  • ICE and detention facility operators should work with communities to implement Independent Medical Oversight Boards (IMOB) to increase public transparency and accountability on the delivery of quality medical and mental health care for detained individuals. The IMOB should have authority to review individual cases and medical files brought before it by detained individuals, attorneys, or advocates to ensure adequate care. IMOB members could include medical and mental health professionals, representatives of advocacy or community-based groups, and attorneys familiar with detention settings.
  • Avoid the use of the flawed and inefficient expedited removal process and instead refer asylum seekers for asylum adjudication before the USCIS Asylum Office. As Human Rights First and other NGOs have repeatedly explained, these adjudications should not take place within or rely on the expedited removal process.
  • To the extent expedited removal remains in U.S. law, DHS and the Department of Justice should issue regulations to, at a minimum, ensure access to counsel before and during credible fear interviews; provide appropriate interpretation, prohibit CFIs from being conducted in a language other than the asylum seeker’s native or best language, and permit asylum seekers to apply for asylum without a CFI if an interpreter in their native or best language is not readily available; and revise the March 2022 Interim Final Rule to preserve to the fullest extent a critical asylum office mechanism for review of erroneous negative credible fear determinations. DHS should not conduct these flawed interviews in CBP or ICE detention.

To the U.S. Congress:

  • Adopt legislation, including the Dignity for Detained Immigrants Act, limiting the use of immigration detention and mandating bond redetermination hearings before an immigration judge for anyone subjected to immigration detention.
  • Sharply limit funding for immigration detention to decrease its massive overuse and instead fund community-based case support programs, which should be employed only when additional measures are determined necessary to assure appearance in an individual case.
  • Support—along with state, local, and private entities—funding for universal legal representation without any carve-outs. Congress should also expand funding for LOP and improve access to counsel at immigration detention facilities, including by setting requirements for a minimum number of confidential attorney-client visitation rooms by facility capacity and guaranteeing in-person, contact visits for attorney- client meetings.
  • Conduct vigorous oversight on the administration’s compliance with laws, rules, and other authorities that authorize release of eligible asylum seekers from detention; access to counsel in detention; abuse, conditions, racist treatment, and disparate impact of detention on Black asylum seekers; continued violence, mistreatment, and unsafe placements of LGBTQ asylum seekers; unjustified and dangerous use of solitary confinement; and ICE’s failure to comply with necessary medical and mental health care to asylum seekers and immigrants in detention, as provided for by the NDS.
  • Ensure DHS complies with all legal requirements to provide data and information on the detention of asylum seekers, including reporting to Congress mandated by the Haitian Refugee Immigration Fairness Act of 1998. These reports have not been released publicly since the FY 2015 to 2017 reports were obtained through FOIA and posted by Human Rights First.

An ICE spokesperson on Friday in a statement to the Washington Blade responded to the report.

“U.S. Immigration and Customs Enforcement (ICE) focuses its civil immigration enforcement priorities on the apprehension and removal of noncitizens who pose a threat to our national security, public safety and border security,” said the spokesperson. “ICE takes seriously the health, safety, and welfare of those in our care, and commits to protecting their rights under the law.”

“In FY21, ICE shifted its operations away from the detention of families while adapting new and existing detention capacity to address an influx along the Southwest Border,” added the spokesperson. “ICE also previously announced it would discontinue or limit the use of certain detention facilities and will continue to monitor the quality of treatment of detained individuals, the conditions of detention, and other factors relevant to the continued operation of each facility, while assessing its operational needs for detention.” 

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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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