National
Pressure builds on Obama to address “Don’t Ask” in State of the Union
President Obama is facing increased pressure from opponents of “Don’t Ask, Don’t Tell” to address how he’ll tackle his pledge to overturn the law in his upcoming State of the Union speech.
Those seeking end the 1993 law banning gays from serving openly in the U.S. military are looking to Obama to discuss on Wednesday his plans for overturning the ban this year.
Alex Nicholson, executive director of Servicemembers United, said he’s received “strong indications” that Obama will address “Don’t Ask, Don’t Tell” in his speech, but said he doesn’t believe the president “will go as far as some in our community would like.”
“There is some strategic risk involved in mentioning ‘Don’t Ask, Don’t Tell’ in the State of the Union address, but its inclusion will send a strong message that the White House is still serious about taking on the issue this year,” Nicholson said.
The Human Rights Campaign declined to comment on whether the inclusion of “Don’t Ask, Don’t Tell” in the State of the Union address prior to Obama’s speech.
On Wednesday, two prominent opponents of “Don’t Ask, Don’t Tell” — Sen. Kirsten Gillibrand (D-N.Y.) and former Chairman of the Joint Chiefs of Staff Gen. John Shalikashvili — issued a joint statement through the senator’s office reiterating their belief that now is the time for overturning the law.
Shalikashvili said a country “built on the principle of equality” should embrace “change that will build a stronger, more cohesive military.”
“It is time to repeal ‘Don’t Ask, Don’t Tell’ and allow our military leaders to create policy that holds our service members to a single standard of conduct and discipline,” he said.
Gillibrand was similarly critical of the ban and called it “an unjust, outdated and harmful rule that violates the civil rights of some of our bravest, most heroic men and women.”
“I’ve been working with my colleagues in Congress and other leaders to overturn this wasteful and destructive policy,” she said. “I am hopeful that President Obama will make this a top priority.”
Whether or not President Obama will address “Don’t Ask, Don’t Tell” during his State of the Union speech remains uncertain, although there are signs he will include it in his address.
On Monday, Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters he had postponed a hearing on the issue initially set for this month because he was told Obama may talk about the ban in his State of the Union address.
And White House Press Secretary Robert Gibbs said during a press conference on Tuesday that discussions are underway about including plans for “Don’t Ask, Don’t Tell” in the speech.
The Palm Center, a think-tank for gays in the military at the University of California, Santa Barbara, on Tuesday issued an analysis on several ways that Obama could discuss “Don’t Ask, Don’t Tell” during the State of the Union address.
Christopher Neff, deputy executive director for the Palm Center, said in a statement the speech presents Obama with “the opportunity to announce the end of one of the most notorious policies of federal discrimination left standing in the United States.”
In one option outlined by the Palm Center, Obama could offer a legislative strategy to repeal “Don’t Ask, Don’t Tell.” The president could endorse standalone legislation that would overturn the law or announce he’ll include such language in the defense spending request he’ll send to Congress next month.
“This position would represent significant, but likely incremental, change,” the Palm Center states. “Repeal legislation faces hurdles to passage in 2010, but the President will have taken a major step forward with the base bill inclusion.”
Obama could also announce plans to change the execution of “Don’t Ask, Don’t Tell” administratively without an act from Congress, which would likely involve giving Defense Secretary Robert Gates additional discretion in implementing the policy in a way that would reduce discharges, according to the Palm Center.
“Under this calculus, there will not be any votes in the House or Senate on repeal in 2010,” the Palm Center states. “The judgment is that it is too difficult for many moderates and this likely means that repeal will not be included in the Defense Authorization base bill from the Pentagon.”
The third option for Obama in addressing “Don’t Ask, Don’t Tell,” according to the Palm Center, would be mentioning the law in passing or announcing support from military leaders without putting forward an affirmative strategy.
“This would represent the least embraced of the three potential options,” the Palm Center states.
Neff also suggested in the statement that how Obama addresses “Don’t Ask, Don’t Tell” during his State of the Union speech will set for tone for how Congress would handle hearings for the defense budget after the president’s request is made public.
Gates and Chairman of the Joint Chiefs of Staff Adm. Michael Mullen are set to give testimony on the fiscal year 2011 defense budget request on Tuesday in the Senate Armed Services Committee.
Bryan Thomas, spokesperson for the committee, said the hearing on the budget request isn’t in lieu of the “Don’t Ask, Don’t Tell” hearing initially set for January, but said it’s possible senators “will choose to ask” Mullen and Gates about the law.
Also bolstering pressure on Obama to announce his plans for “Don’t Ask, Don’t Tell” is a new report from the Williams Institute, a think-tank on sexual orientation at the University of California. The brief details the number of gays in the military and the cost of replacing them after they’ve been discharged under the ban.
Gary Gates, senior research fellow at the Williams Institute and study author, said in a statement that statistical information from the U.S. government shows gay, lesbian and bisexual Americans have a presence in the military.
“Despite official policy requiring that lesbians, gay men, and bisexuals remain silent about their sexual orientation, data from the U.S. Census Bureau suggest that an estimated 66,000 LGB men and women are serving in the U.S. military,” he said.
These 66,000 service members account for about 2.2 percent of military personnel, according to the Williams Institute. Of these troops, about 13,000 serve on active duty, constituting 0.9 percent of all active duty personnel, and nearly 53,000 serve in the National Guard and reserve forces, the study found.
The Williams Institute also found “Don’t Ask, Don’t Tell” has cost the federal government between $290 million and more than a half a billion dollars since its inception and that replacing discharged service members under the ban costs between $22,000 to $43,000 for each person.
Gates said ending “Don’t Ask, Don’t Tell” will “save a substantial amount of taxpayer dollars since estimates suggest that the policy has cost more than half a billion dollars.”
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.
