National
BREAKING NEWS: ‘Don’t Ask, Don’t Tell’ vote fails
Stand-alone repeal bill may be next but time running out for Clinton-era policy
Supporters of “Don’t Ask, Don’t Tell” repeal endured a devastating loss on Thursday when the Senate failed to reach the 60-vote threshold necessary to proceed with legislation that would end the military’s gay ban.
Still, repeal advocates are pursuing an end to the military’s gay ban through new standalone legislation and other administrative means.
By a 57-40 vote, the Senate failed to invoke cloture on the motion to proceed on the fiscal year 2011 defense authorization bill, which contains a measure to repeal “Don’t Ask, Don’t Tell.”
Alex Nicholson, executive director of Servicemembers United, called the vote a “major failure” of the Senate to “simply do its job and pass an annual defense authorization bill.”
“Politics prevailed over responsibility today, and now more than one million American service members, including tens of thousands of gay and lesbian troops, are worse off as a result,” Nicholson said.
Sen. Joseph Lieberman (I-Conn.), a leading advocate for repeal in the Senate, said during a later news conference that he’s “very disappointed” in the result of the vote as well as Senate Majority Leader Harry Reid’s (D-Nev.) decision to hold the vote on Thursday.
Lieberman noted that all 42 members of the Republican caucus said they wouldn’t vote in favor of moving forward with other legislation until tax issues and continuing funding for the U.S. government are addressed.
“You can say that was wrong, but the reality is that that was the request, and, nonetheless, Sen. Reid went ahead and called this vote,” he said.
With exception of Sen. Susan Collins (R-Maine), who voted in favor of cloture, all Republican senators who were present cast a “no” vote on the motion to proceed. Sens. John Cornyn (R-Texas) and Sam Brownback (R-Kansas) didn’t vote.
Following the vote at a news conference, Collins blamed the failure of the bill on Reid and said she’s “extremely disappointed” about his decision to hold the vote on the defense authorization bill at this time.
“There is no reason why we could not have proceeded to consider that bill after completing action on the tax relief bill and using a process that would be fair to both sides,” Collins said.
Collins had been engaged in negotiations with Reid and Lieberman about finding a path forward to bring on needed Republican support for the defense authorization bill. The Maine senator accused Reid of having “walked away” from the negotiations by bringing the legislation to a vote.
“The majority leader decided to prematurely hold a cloture vote that he knew would not succeed,” Collins said. “I just don’t understand that decision. I don’t understand that given the importance of this bill and the policies in it.”
Sen. Lisa Murkowski (R-Alaska), who recently came out in favor of repeal, later told reporters she voted “no” because she felt the amendment process set up for the defense authorization bill was unfair.
She also recalled the letter that all 42 members of the Republican caucus signed saying that wanted to extend the Bush-era tax cuts and pass a continuing resolution to fund the U.S. government before taking on other issues.
“We’re going to that tax bill right now,” she said. “Why the majority leader could not have allowed for a timing that would help to facilitate greater support for this, allow for a reasonable amendment process — that is not too much to ask.”
Jim Manley, a Reid spokesperson, said the majority leader was offering 10 Republican amendments and 5 Democratic amendments as part of consideration of the legislation.
“We’ve bent over backwards to try and offer them a reasonable number of amendments,” Manley said. “Just because they say it, doesn’t mean it’s true.”
On the Democratic side, the sole vote against the motion to proceed was the newly seated Sen. Joe Manchin (D-W.V.). He had earlier expressed concerns about chaplains leaving the military should “Don’t Ask, Don’t Tell” be repealed.
Sen. Blanche Lincoln (D-Ark.) didn’t vote on the motion to proceed. Lieberman later told reporters Lincoln wanted to vote in the affirmative, but was detained and unable to make the vote on time.
In the wake of the loss, Lieberman and Collins announced their intent on Thursday to introduce new standalone legislation to repeal “Don’t Ask, Don’t Tell” with language that’s identical to the repeal provision in the defense authorization bill.
Unveiling his plans for the new legislation, Lieberman said he thinks the bill has a chance for success in lame duck because at least 60 senators have expressed support for “Don’t Ask, Don’t Tell” repeal.
“We’re going to keep fighting until the last possible moment in this session because we got the votes to change this unjust policy and we owe it ourselves and to our country to continue to fight until fighting is no longer possible,” Lieberman said.
The Connecticut senator said he received assurances from Reid that he would use “Rule 14” to bypass the committee vote and bring the standalone legislation to the floor during the lame duck session of Congress. Further, Lieberman said Reid wanted to be a co-sponsor of the legislation.
As repeal advocates push forward with this new bill, the Human Rights Campaign has renewed its call for President Obama to prevent further discharges under “Don’t Ask, Don’t Tell” by issuing a stop-loss order — a power afforded to him during times of war.
Joe Solmonese, HRC’s president, had earlier endorsed the idea of Obama issuing such an order in an October letter to the president.
“The Senate’s apparent refusal to act on ‘Don’t Ask, Don’t Tell’ repeal makes presidential action imperative in order for him to fulfill his state of the union promise,” Solmonese said. “The only measure of success is an end to the discharges and anything less is unacceptable.”
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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