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Latino civil rights group endorses ENDA exec order

MALDEF becomes first non-LGBT civil rights group to support directive

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An organization known as the “law firm for the Latino community” has become the first non-LGBT civil rights group to announce support for an executive order that would require federal contractors to have LGBT-inclusive non-discrimination policies.

In a letter dated April 5, Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund, or MALDEF, calls on President Obama to take administrative action to prohibit companies that do business with the U.S. government from discriminating on the basis of sexual orientation and gender identity.

“I write to urge you to build on your successful ‘We Can’t Wait’ initiative in one concrete way,” Saenz said. “Specifically, MALDEF asks that you sign an executive order to ban federal contractors from engaging in workplace discrimination against lesbian, gay, bisexual and transgender (LGBT) individuals, including LGBT Latinos.”

Saenz urges the president to issue the order because the Employment Non-Discrimination Act, legislation that would bar job bias against LGBT people, has stalled in Congress for years.

“In recent years, multiple Congresses have failed to pass the Employment Non-Discrimination Act (ENDA), which would ban workplace bias based on actual or perceived sexual orientation or gender identity,” Saenz writes. “MALDEF believes the time is now right to promote workplace fairness for LGBT individuals by taking strong executive action.”

Making the case for the order, Saenz recalls that previous presidents — from Franklin Roosevelt to Bill Clinton — have issued executive orders barring workplace discrimination. He also cites the military contractor DynCorp LLC, which  implemented an LGBT-inclusive non-discrimination policy after it came under scrutiny for anti-gay harassment on the job; and he notes that top government contractors, such as Lockheed Martin, Raytheon and Boeing already have such policies in place.

Since the executive order is similar in its goal to ENDA, the directive has sometimes been referred to as the “ENDA” executive order. However, the order would be more limited in scope because it only affects federal contractors.

Multiple sources, speaking on condition of anonymity, have told the Blade the Labor and Justice Departments have cleared such a measure, but the White House has remained silent on whether it will take such action. A White House spokesperson didn’t immediately respond to a request for comment on the letter.

Since its founding in 1968, MALDEF has aimed to promote social change in the areas of education, employment and immigrant rights. One victory came in 1982, when a MALDEF-backed lawsuit known as Plyler v. Doe prompted the Supreme Court to strike down a Texas law that allowed school districts to charge children tuition if their parents were undocumented immigrants.The organization has also won legal victories to make the drawing of Texas congressional districts more fair to the Latino community.

MALDEF has also taken part in helping advance LGBT rights. The organization has filed “friend-of-the-court” briefs in favor of overturning California’s Proposition 8 and is part of a coalition supporting the repeal of the Defense of Marriage Act. MALDEF has worked to support passage of the Uniting American Families Act, which would allow gay Americans to sponsor their foreign spouses for residency in the United States, and was among the first organizations to stand with Immigration Equality in calling for the passage of LGBT-inclusive comprehensive immigration reform legislation.

According to polling made public last week by the Human Rights Campaign, Latinos across America strongly support of the executive order. The poll, which found 73 percent of Americans support the directive, also found the order polls at 72 percent among likely Latino voters in the 2012 election.

Additionally, the letter comes on the heels of the publication Thursday of the Pew Hispanic Center’s 2011 National Survey of Latinos poll showing 59 percent of Hispanic voters believe homosexuality should “be accepted by society.” According to the report, the data is in line with the general public. Among the public at large, 58 precent say homosexuality should be accepted.

The letter makes the group the first non-LGBT civil rights organization to endorse the executive order, but not the first non-LGBT group. Last fall, the United Electrical, Radio and Machine Workers of America, which bills itself as an organization for “rank and file” workers adopted a pro-LGBT resolution that includes support for an executive order protecting LGBT people against workplace discrimination. Mary Kay Henry, a lesbian and president of the Service Employees International Union, endorsed the order in an interview with the Washington Blade in June during Netroots Nation.

Support for the idea of the executive order is building. Earlier this week, a group of 72 U.S. House members sent a letter to Obama calling on him to issue the directive, saying the measure would “extend important workplace protections to millions of Americans, while at the same time laying the groundwork for Congressional passage of the Employment Non-Discrimination Act .” Rep Frank Pallone (D-N.J.), who drafted the letter, distributed it among colleagues.

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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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