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Cain indicates support for Federal Marriage Amendment

GOP front-runner abandons position that issue should be left to states

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Republican presidential candidate Herman Cain (Washington Blade photo by Michael Key)

Republican presidential candidate Herman Cain has indicated he now backs a U.S. constitutional amendment that would ban same-sex marriage throughout the country — marking a change from his previously stated position that the issue should be left to the states.

The current front-runner in the race to win the GOP presidential nomination said he supports federal action to deny marriage rights to gay couples in an interview published Sunday with the conservative Christian Broadcasting Network.

Asked by political reporter David Brody if he backs a U.S. constitutional amendment against marriage equality, Cain said backs federal action because of efforts to undo the Defense of Marriage Act, a 1996 anti-gay law that prohibits federal recognition of same-sex marriage. The Obama administration has stopped defending the statute against litigation in court.

“I think marriage should be protected at the federal level also,” Cain said. “I used to believe that it could be just handled by the states but there’s a movement going on to basically take the teeth out of the 1996 Defense of Marriage Act, and that could cause an unraveling.”

Cain continued, “So we do need some protection at the federal level because of that and so, yes, I would support legislation that would say that it’s between a man and a woman.”

In the same interview, Cain said he backs a U.S. constitutional amendment that would overturn Roe v. Wade, a 1973 U.S. Supreme Court decision that made abortion rights constitutionally protected throughout the country. He said he would sign the amendment, although constitutional amendments don’t go to the president, but to the states for ratification.

Cain made the comments as he continues to enjoy strong support in national polls and polls in Iowa, the first state that will hold a caucus or primary in the election season. According to a University of Iowa poll published last week of likely caucus-goers, Cain was the choice of 37 percent of respondents. Coming in second was former Massachusetts Gov. Mitt Romney, who was favored by 27 percent of responders.

The pizza magnate’s remarks on marriage signify a change in the position that he held as recently as last week when he said he wouldn’t seek a Federal Marriage Amendment and believes the issue should be left to the states.

During an appearance last week on the NBC’s “Meet the Press,” Cain said,“I wouldn’t seek a constitutional ban for same sex marriage, but I am pro-traditional marriage.”

Asked by host David Gregory whether states should decide the issue for themselves, Cain replied, “They would make up their own minds, yes.”

But Cain’s new position is on par with the position he held in 2004 when he was running to represent Georgia in the U.S. Senate. After the Massachusetts Supreme Court ruled in favor of same-sex marriage, Cain issued a statement condemning the decision and calling for a Federal Marriage Amendment.

“The courts have failed the American people,” Cain said at the time. “Congress needs to enact a constitutional amendment to protect the sacred institution of marriage.”

Cain continued, “Liberal-minded judges have opened a floodgate of judicial tyranny that will chip away at the core values of this country until nothing sacred is left! It started with not allowing prayer in schools, not being able to display the Ten Commandments, attempting to take God out of the Pledge of Allegiance and now making same-sex marriages legal.”

The change in positions for Cain over recent years had made him the brunt of attacks from both LGBT advocates and as well as Republican presidential candidates seeking to oust him from his position as GOP front-runner.

Fred Sainz, vice president of communications for the Human Rights Campaign, said Cain “flip-flops more than the pizzas he used to cook” and said his remarks demonstrate a misunderstanding of the legislative process.

“In less than ten years, he’s had three positions on this issue,” Sainz said. “It’s hard to believe which Herman Cain is speaking. With respect to his answer to this question, Cain continues to confuse the role of the president in this process. The president would have no role in a constitutional amendment to ban marriage; it would be up to Congress and the states.”

Republican presidential candidate Michele Bachmann, who represents a district in Minnesota in the U.S. House, also attacked Cain on FOX News Sunday for being inconsistent.

“You can’t have all of these flip-flops in our nominee, one after another, and it’s making the voters’ heads spin,” Bachmann said. “I think it’s giving people pause, and they’re asking real questions about, what does he believe, truly, and how would he govern as president of the United States And that’s non-negotiable.”

Cain’s most recent remarks raises questions because he never explicitly mentions the Federal Marriage Amendment, but instead makes vague comments about federal action. Cain said he backs “legislation” to address the issue, which is different from an amendment. The video in which Cain makes the remarks is also apparently edited during the portion that he makes the comments.

The Cain campaign didn’t immediately respond to the Washington Blade’s request to clarify the candidate’s position.

Chris Barron, board chair of GOProud, said the kind of federal action that Cain is seeking with regard to marriage isn’t clear in his remarks during the interview.

“Honestly it’s not clear from his response,” Barron said. “He is indicating he is for some additional federal approach but unclear what.”

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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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