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Carney defers to Justice Dept. on ‘Don’t Ask’ litigation

No comment on Bachmann husband’s ‘ex-gay’ clinic

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White House Press Secretary Jay Carney (Blade file photo by Michael Key)

White House Press Secretary Jay Carney deferred to the Justice and Defense departments on Tuesday in response to inquiries about a court order barring the U.S. government from enforcing “Don’t Ask, Don’t Tell.”

Under questioning from the Washington Blade, Carney deferred to the Justice Department when asked whether the president supports an order last week from a three-judge panel on the U.S. Ninth Circuit Court of Appeals reinstituting an injunction against the military’s gay ban.

“The Justice Department is reviewing the order, and I think I would point you to them for further information,” Carney said. “The president’s position, obviously, on the repeal of “Don’t Ask, Don’t Tell” is quite clear and we fought hard to make it happen. And it was a significant accomplishment late last year.”

But pressed on whether Obama was himself supportive of the order, Carney again deferred to the Justice Department.

The Obama administration has the option to appeal the panel’s injunction barring enforcement of “Don’t Ask, Don’t Tell” to the full Ninth Circuit or the U.S. Supreme Court. The Pentagon has instituted a moratorium to comply with the injunction, but has said it’s reviewing the decision with the Justice Department to determine whether it will appeal.

Asked about the possibility of challenging the order, Carney again deferred to the Justice Department, saying, “I think that’s the same answer.”

The injunction was put in place after legislation was signed in December allowing for repeal after 60 days pass following certification from the president, the defense secretary and the chairman of the Joint Chiefs of Staff. Troops have undertaken training to prepare for open service, but certification hasn’t taken place.

At a recent Pride reception at the White House, Obama said certification will happen in a matters of “weeks, not months.”

Carney deferred to the Pentagon when asked if the court order would impact the timing for the certification of repeal, although he added he expects certification in the “near future” and doesn’t expect the injunction to change that process.

“I think as the process moves forward I’ll refer you to the Defense Department,” Carney said. “I know Secretary Gates said shortly before he left that it was moving along very well and he would expect it to happen in the near future, but I don’t think there’s any impact.”

Carney also deferred to the Pentagon when asked if a more definite timeline has been set for certification, although he said he doesn’t think a date has been set.

“I would refer you to the Defense Department, but I don’t believe so,” Carney said.

Also, Carney declined to answer a question from ABC News Radio on whether the White House takes issue with federal money going to a counseling clinic that engages in ‘ex-gay’ therapy.

“I confess I do not have an answer to that question,” Carney said.

This week, Truth Wins Out revealed that Marcus Bachmann, the spouse of Republican presidential candidate Michele Bachmann, operates a clinic that engages in reparative therapy. The clinic reportedly has received federal dollars.

A partial transcript of the remarks between Carney and reporters on LGBT issues follows:

ABC News Radio: Does the White House have any problem with federal dollars being sent to a counseling clinic that engages in the controversial therapy of trying to cure people of being gay?

Jay Carney: Ann, I confess I do not have an answer to that question.

Washington Blade: Some questions on “Don’t Ask, Don’t Tell.” Last week, the Ninth Circuit issued an order barring the government from enforcing this law. I’m sure the president heard the news last week. Was he supportive of the decision?

Carney: Is he aware of it?

Blade: I’m sure he heard the news last week. Is he supportive of it?

Carney: The Justice Department is reviewing the order, and I think I would point you to them for further information. The president’s position, obviously, on the repeal of “Don’t Ask, Don’t Tell” is quite clear and we fought hard to make it happen. And it was a significant accomplishment late last year.

Blade: But as the head of the administration, was the president supportive of this court order ending that enforcement of “Don’t Ask, Don’t Tell”?

Carney: Um, again I’m going to refer you to the Justice Department.

Blade: Do you anticipate that the administration will challenge or appeal this decision?

Carney: I think that’s the same answer.

Blade: What impact is this going to have on repeal certification? The president said before it’s going to happen in a matter of weeks, not months? Is it going to have any impact on that?

Carney: I think as the process moves forward I’ll refer you to the Defense Department. I know Secretary Gates said shortly before he left that it was moving along very well and he would expect it to happen in the near future, but I don’t think there’s any impact.

Blade: Is the definite date or time set for when that’s going to happen?

Carney: I would refer you to the Defense Department, but I don’t believe so.

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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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Vermont

Vt. lawmaker equates transgender identity with bestiality

Vermont Democrats condemned comments, demanded apology

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Vermont state Sen. Steven Heffernan (R-Addison) (Photo public domain; courtesy Vermont General Assembly)

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.

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National

BREAKING NEWS: Barney Frank dies at 86

Former Mass. congressman came out as gay in 1987

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Former U.S. Rep. Barney Frank (D-Mass.) when he was in Congress. (Washington Blade photo by Michael Key)

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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