National
House GOP urges delay in ‘Don’t Ask’ repeal certification
Letter says Congress needs time to review new guidance
A group of 23 Republican members of the U.S. House wrote President Obama on Thursday asking him to hold off on certification of “Don’t Ask, Don’t Tell” repeal until Congress can review the Defense Department’s policy changes that would lead to open service.
“Given the necessity for congressional review, which has been limited to this point, we respectfully request that you refrain from transmitting certification until Congress has had sufficient time to review pending legislative matters of policy and law,” the letter states.
Leading the group of U.S. House members who signed the letter is Rep. Duncan Hunter (R-Calif.), who amended pending defense budget legislation to expand the certification requirement needed for “Don’t Ask, Don’t Tell” repeal and potentially disrupt the implementation of open service.
Others among the 23 signers of the letter are Rep. Joe Wilson (R-S.C.), chair of the House Armed Services personnel subcommittee, as well as Reps. Steven Palazzo (R-Miss.), W. Todd Akin (R-Mo.) and Vicky Hartzler (R-Mo.).
Under the repeal law signed in December, “Don’t Ask, Don’t Tell” won’t be off the books until the president, the defense secretary and the chair of the Joint Chiefs of Staff certify the U.S. military is ready for open service. Training has been underway in the armed forces since February to prepare the military for “Don’t Ask, Don’t Tell” repeal.
Pentagon officials have testified that certification for “Don’t Ask, Don’t Tell” repeal could happen in mid-summer. Defense Secretary Robert Gates has said he’s open to issuing certification this month before his retirement if the service chiefs thinks moving forward is appropriate.
Part of the repeal law states that open service shouldn’t go forward until the Pentagon has “prepared the necessary policies and regulations” for open service. The GOP letter to Obama states Congress should have the opportunity to review the new regulations before the president and defense leaders give the OK for “Don’t Ask, Don’t Tell” repeal.
“Merely providing ‘training and educational’ briefs to our service members is not enough to justify moving forward with certification when consequential policy and regulatory changes associated with implementation must be reviewed by Congress under its oversight function,” the letter states. “Until those policy changes have been delivered and reviewed by Congress, it would be irresponsible to proceed with the certification process.”
Additionally, the letter states that certification at this time would be premature because of “apparent confusion” at the Defense Department in creating new policies for open service.
In April, the Navy issued guidance stating military facilities could be used for same-sex marriages in states where it’s legal and chaplains could officiate over these ceremonies, if they so chose, in their official capacities. The Navy has since rescinded this guidance and said further review is necessary.
“This planned policy change is a violation of the federal Defense of Marriage Act,” the letter states. “The training revision also departed from prior assurances given to Congress with regard to Defense Department enforcement of the law and intent of the Defense of Marriage Act.”
LGBT advocates have said the Navy guidance didn’t violate DOMA because the statute as it stands says nothing about military facilities.
However, the House version of the fiscal year 2012 defense authorization bill has language — inserted as an amendment by Akin — that would prohibit military bases from being used for same-sex marriage ceremonies and military chaplains from presiding over these celebrations. LGBT rights advocates say this language would expand DOMA beyond its current restrictions that prevent the federal government from recognizing same-sex marriage.
Shin Inouye, a White House spokesperson, said in response to the letter that certification will happen when “the standards set forth in the [repeal] bill are met” as has been previously stated.
“The president continues to work with the secretary of defense and the chairman of the Joint Chiefs to certify that implementation of the new policies and regulations written by the department is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the armed forces,” Inouye said. “That process is moving forward quickly and efficiently.”
Inouye said he won’t comment directly on letters that members of Congress have sent to the president, but recalled Obama “has been clear” certification will happen before the end of the year.
Those who worked to pass legislation allowing for “Don’t Ask, Don’t Tell” repeal last year dismissed the letter as merely Hunter and other House Republicans seeking obtain media attention.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the letter is an instance of Hunter “grandstanding” as he seeks to disrupt “Don’t Ask, Don’t Tell” repeal.
“Mr. Hunter knows very well that Congress has acted and the chiefs, Secretary Gates, and [Chair of the Joint Chiefs of Staff Adm, Mike] Mullen are moving toward the final stages of certification,” Sarvis said. “This is all about Mr. Hunter — not about our troops, who have moved on.”
Alex Nicholson, executive director of Servicemembers United, said the White House and Pentagon “are smarter than” withholding certification because of the concerns expressed in the letter.
“This is just the latest in Congressman Hunter’s circus sideshow about ‘Don’t Ask, Don’t Tell’ while the rest of the Congress is trying to deal with serious issues like wars and budgets,” Nicholson said. “If the administration let’s this letter distract from the progress made towards certification, then we’ve got bigger problems on our hands.”
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.

