National
2011 to bring new marriage fights across U.S.
R.I., Md. best bets for progress, while N.C., Ind. face bans

Rhode Island Gov. Lincoln Chafee, shown here at a meeting with LGBT supporters, backs same-sex marriage rights. (Photo courtesy of Chafee’s office)
With “Don’t Ask, Don’t Tell” repealed, the issue of marriage returns to center stage in 2011 as many states are poised to enact same-sex marriage or civil unions legislation — or pursue measures that would repeal or block such rights for gay couples.
With new governors or changes to their state legislatures, Rhode Island, Maryland and New York could advance same-sex marriage legislation as soon as this year.
But changes in the political dynamic after the 2010 elections also mean that marriage rights could be repealed in New Hampshire and amendments banning same-sex marriage could go forward in North Carolina, Indiana and Pennsylvania.
Meanwhile, legislation to enact civil unions could advance in Hawaii and Delaware.
Rhode Island is among the states that could see early action in passing a same-sex marriage bill.
Newly seated Gov. Lincoln Chafee (I), who supports same-sex marriage, has replaced Gov. Donald Carcieri (R), who opposed gay nuptials.
In his inauguration address, Chafee encouraged the Rhode Island General Assembly “quickly consider and adopt” a same-sex marriage bill to send to his desk.
“When marriage equality is the law in Rhode Island, we honor our forefathers who risked their lives and fortune in the pursuit of human equality,” he said.
Same-sex marriage bills were introduced in both chambers of the Rhode Island General Assembly last week. House Speaker Gordon Fox, who’s gay, supports the passage of a marriage bill through his chamber.
Kathy Kushnir, executive director of Marriage Equality Rhode Island, said she thinks the marriage bill will come before the House Judiciary Committee before the end of January.
“So we’ll be holding hearings, and then, we’ll be looking at, of course, the committee vote and the floor vote as soon as possible,” she said.
Karen Loewy, senior staff attorney for Gay & Lesbian Advocates & Defenders, said the prospects for passing a marriage bill in Rhode Island are “really fantastic” and called Chafee an “active supporter” of the legislation.
“It was part of his inaugural address,” she said. “He’s really committed to getting a marriage bill passed.”
The Senate isn’t expected to take action on the marriage bill until the House finishes action on the measure. The legislative session ends in June, so the marriage bill would have to reach the governor’s desk by that time.
Kushnir said the biggest challenge in passing a marriage bill in Rhode Island is ensuring that lawmakers address the legislation as they take on other issues facing the state.
“There are really important issues also — the economy, jobs and the budget — that are before the legislature,” Kushnir said. “But you know what? Everyone knows that passing marriage equality and treating everybody equal here in Rhode Island does very well for all of those issues.”
Loewy said passage in the Senate remains “a stronger challenge,” but support should exist in the chamber to pass a marriage bill.
“Even there, I think, you’ve got folks who are ready to understand how important this is for same-sex couples in Rhode Island,” she said.
LGBT rights supporters are also optimistic about the chances of a same-sex marriage bill passing in Maryland, where the configuration of the Senate for the first time provides a path for passage.
Last month, a majority of members who support same-sex marriage were named to Senate Judicial Proceedings Committee, ensuring for the first time that a same-sex marriage measure would clear the panel and reach the Senate floor for a vote. Up until now, the committee has blocked the marriage bill, even though the chamber was in Democratic control.
Sen. Richard Madaleno of Montgomery Country, who’s gay, last week expressed confidence about passage of the marriage bill.
“I have never been so optimistic about getting this done,” he said. “Today at lunch I sat quietly by myself with a list of the members of the new Senate going over again and again in my head where the votes are, and I’m feeling really good right now both for the floor vote and the cloture vote.”
The bill is being introduced by Majority Leader Kumar Barve (D-Dist. 17) and Del. Keiffer Mitchell (D-Dist. 44). The Senate version will be advanced by Majority Leader Rob Garagiola (D-Dist. 15) and Madaleno.
Supporters in the Senate believe they have the 24 votes needed to pass the marriage bill on an up or down vote but are less certain about whether they have the 29 votes needed to invoke cloture and stop an expected filibuster by same-sex marriage opponents.
Another obstacle could be a referendum on the marriage law. Nearly all observers of the General Assembly expect opponents to initiate petitions to call for a referendum, which would stop the bills from taking effect until after voters decide on the issue.
In New York, supporters of same-sex marriage are looking to the state legislature to approve a bill extending marriage rights to gay couples that would be sent to newly seated Gov. Andrew Cuomo’s (D) desk for his signature.
As in previous years, a marriage bill is expected to be able pass again in the State Assembly, where Democrats have retained control of the chamber, but the situation is different in the Senate, where Republicans have regained control after the election.
Still, Republican Leader Dean Skelos suggested prior to the election that if Republicans regain power in the Senate, he would allow a vote on same-sex marriage to come, even though — like all GOP senators — he previously voted against the marriage bill.
“Let me just say, when we win back the majority, there is legislation that I believe all of you interested in, that I believe should be voted on again,” Skelos said in October. “We’re not going to stifle discussion. We are not going to stifle votes. And it is truly my belief that people should be allowed to vote their consciences.”
Even if the legislation comes up for a vote in the Senate, the prospects for passage are uncertain. When the bill previously came up for a vote late in 2009, the measure failed 24-38.
Two lawmakers who support same-sex marriage were elected to the Senate since the last vote on the legislation, but that change is far from the 32 votes needed to pass a bill in the Senate.
Ross Levi, executive director of the Empire State Pride Agenda, said the “political dynamic remains very promising” for passing a same-sex marriage bill as well as a transgender civil rights bill in New York.
“The phrase that I’ve been using is that there’s a clear and credible path to victory in the not distant future,” Levi said.
Asked whether passage would be likely in the next two years given the makeup of the legislature, Levi replied, “For me, it’s not talking about timeline, it’s about the work we have to do to make sure that we can have a successful vote as soon as we can.”
Dan Pinello, a gay government professor at the City University of New York, said he’s not optimistic about passage of a marriage bill in the legislature over the course of the next two years.
“[Skelos] has said a few things suggesting that [he would bring the bill to a vote], but that’s not a guarantee,” Pinello said. “So, yeah, he could bring it up for a vote, but that’s no guarantee it’s going to pass. I just don’t see it happening, sadly.”
Pinello said the next opportunity to advance same-sex marriage could be in 2013 as a result of the redistricting this year. He said political power should shift from upstate to downstate, which would give Democrats a majority in the Senate.
“Upstate tends to be Republican and downstate tends to be Democratic, so it’s likely even though Republicans will be redrawing the Senate district lines, there’s no way they can still maintain a majority, given the demographic shifts the Census will reveal,” Pinello said.
Repealing marriage in N.H.?
While several states are poised to advance marriage rights, other places could see a rollback of relationship recognition for same-sex couples.
The most prominent of those states is New Hampshire, where opponents of same-sex marriage may have the political power to repeal the marriage law enacted in 2009.
Gov. John Lynch (D), who signed the marriage bill into law, is expected to veto the bill should it come to his desk. But after the election, Republicans now have a super majority in both chambers of the legislature and could override his veto.
Four bills have already been introduced in the legislature to repeal the marriage law.
State Rep. Leo Pepino (R), who introduced one of the bills, said he thinks there is support to repeal the marriage law, according to the Nashau Telegraph.
“I think we have the votes [to repeal],” Pepino said. “We have a lot of really good conservatives and a good conservative doesn’t believe in gay marriage. … It’s a matter of ethics.”
GLAD’s Loewy said the chances of repealing the marriage law in New Hampshire are “hard to quantify,” adding she doesn’t know whether the votes are present to take such action.
“The LGBT community in New Hampshire is very much gearing up for a fight to protect marriage the best way we know how: by talking to legislators about how taking away marriage is going to hurt their families and their kids,” Loewy said.
Loewy added she’s hoping that New Hampshire won’t go down the path of repealing the law and would instead pursue “issues like jobs and the economy that everybody knows is the priority.”
“I think, like I said, the community has a lot of work to do, but, I think, it’s absolutely fair to expect and hope that that’s not the path that New Hampshire’s going to go down,” she said.
Mo Baxley, executive director of the New Hampshire Freedom to Marry Coalition, said the Granite State has never taken away the rights of its citizen, but that is what some anti-gay lawmakers are proposing to do.
“The married gay and lesbian couples here have in no way impacted anybody else’s marriage,” she said. “Let’s move on. Marriage has been debated to death here and the priority right now is the economy and the budget.”
Other states are prepared to advance constitutional amendments that would ban same-sex marriage.
One such state is North Carolina, where Republicans swept into power in both the House and Senate following the November elections.
Ian Palmquist, executive director of Equality North Carolina, said his organization is “fully expecting” that a constitutional amendment banning both same-sex marriage and marriage-like unions will advance this year.
“I think there’s a chance of blocking it, but it’s a very tight vote at the moment,” he said.
Palmquist said he’s getting mixed signals on when the vote would come up and said it could be anytime between February and July.
In North Carolina, passing a constitutional amendment requires a third-fifths vote of approval from both chambers of the state legislature followed by a majority of voters at the ballot box.
Palmquist said the measure could be on the ballot in 2011, but he expects it would come to voters in 2012. Such a move would enable conservatives to turn out their base during a presidential election year.
“It would definitely be a challenge to defeat it at the ballot,” Palmquist said. “There is majority support in North Carolina for some form of relationship recognition. We certainly would use that to try to stop this kind of amendment from moving forward.”
Another state where LGBT rights supporters are anticipating a constitutional ban on same-sex marriage and marriage-like unions is Indiana.
In previous years, advocates had been able to block the amendment in the House because Democrats held a narrow majority in the chamber, but the situation has changed now that Republicans took control of the House and expanded their control of the Senate following the November elections.
Don Sherfick, legislative chair for Indiana Equality, said the prospects for a constitutional ban on same-sex marriage passing this year are good in Indiana.
“I guess I would be less than honest if I were to say that things were looking rosy for continuing to unequivocally being able to fight such a thing coming through,” he said.
Anticipating hearings in either the House or Senate or both chambers within six weeks, Sherfick said Indiana Equality is mounting a public relations and lobbying campaign to try to block the amendment.
“People will at least know what they’re doing and we’ll set our sights on fighting it in the next legislature,” he said.
Bil Browning, an Indiana native and editor of the Bilerico Project, said he’s 99.9 percent certain that the Indiana Legislature would pass a constitutional amendment to ban same-sex marriage.
“The two things they wanted to do most and first and foremost was a bill that would require a woman to have a sonogram three days before any planned abortion — in the hopes that she’ll see it and not want to have the abortion — and a constitutional amendment prohibiting same-sex marriage,” Browning said.
For a constitutional amendment to pass in Indiana, it must pass the state legislature twice — a first time and then again after an election — before the measure comes before voters. If the legislature passed an amendment this year, the soonest it could get to voters is 2014.
Browning said gay rights supporters can hope for a change in the makeup of the legislature after the next election as a way to block the amendment from final passage.
“Two years from now, if we can retake the Indiana House it’s probably dead, but for at least passing this session, I’d say [the chances] are 99.9 percent,” he said.
Browning said one factor working in advocates’ favor in Indiana is that all the Fortune 500 companies headquartered in the state previously testified before the legislature against the amendment.
Additionally, Gov. Mitch Daniels (R), who has called for a “truce” on social issues, is widely considered to be thinking about a run for president and may want to steer clear of marriage prior to 2012. Still, the amendment wouldn’t require his signature for passage.
A similar situation can be found in Pennsylvania, where Republicans took control of the House and retained control of the Senate.
Malcolm Lazin, executive director of the Philadelphia-based Equality Forum, said passage of a constitutional ban on same-sex marriage is “of concern” because of new Republican control of the House.
“We were able to successfully block it in the past because the House was controlled by the Democrats,” Lazin said. “That dynamic has now changed. In addition, there is now a Republican governor of Pennsylvania.”
As in Indiana, for a constitutional amendment to pass in Pennsylvania, the measure has to be approved by a majority vote in both chambers of the legislature — once and then again after an election — before going to voters as a ballot measure.
Ted Martin, executive director of Equality Pennsylvania, predicted that the amendment would be introduced in both the House and Senate, but was skeptical of lawmakers’ ability to push it through the legislature.
Martin said the likelihood of the measure passing in the House committee is high, but its passage on the House floor is less certain. For the Senate, which has been controlled by Republicans for more than two decades, Martin said he doubts the measure would make it through committee.
“The Senate, in the past, has always taken a less active tone about it,” Martin said. “They’ve become much more libertarian in their view. Just to remember, we were able to block this in committee three times before.”
Hawaii, Del. to take up civil unions
As many states take on the marriage issue — either to advance gay nuptials or ban them — two other states are prepared to enact civil unions early in 2011.
In Hawaii, LGBT advocates are ready to advance a civil unions bill that newly seated Gov. Neil Abercrombie (D) has pledged to sign.
Last summer, a civil unions bill in the Aloha State was vetoed by former Republican Gov. Linda Lingle, but with her gone, gay rights supporters see a clear path toward passing the legislation.
Alan Spector, co-chair of Equality Hawaii, said he expects that the civil unions bill will easily pass the legislature to reach Abercrombie’s desk soon after the session starts on Jan. 19.
“With the November 2010 election behind us, and a new governor and new leadership, we’re pretty confident that we will pass the bill early in 2011,” Spector said.
Spector estimated that the legislation would be introduced in the third week of January and ideally would make it to the governor’s desk by March.
“The process can go as quickly as a month or it can take the whole session — or it can on into 2012,” Spector said. “It all depends on what happens, but we’re pretty optimistic that it’s going to go quickly this year.”
Advocates are pursuing civil unions in Hawaii instead of marriage because in 1998, voters approved a constitutional amendment granting the legislature the power to ban same-sex marriage, which lawmakers then pursued.
Similarly, LGBT advocates in Delaware are ready to advance legislation this year that would enact civil unions in the First State.
Peter Schott, political vice president of Delaware Stonewall Democrats, said the “atmosphere is probably better than it’s been in a few years” for passing civil unions in the state.
“We have formed a coalition, which a number of elected officials are on — civic leaders,” Schott said.
LGBT rights supporters know they have the votes in the House, Schott said, but questions about passage in the Senate remain because leadership could refer the legislation to an unfavorable committee.
Schott said supporters of civil unions in Delaware want to pass the legislation this year so it doesn’t come up during the 2012 election season.
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.

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. 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.
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.
