National
Levin doubts votes for ‘Don’t Ask’ repeal
Sen. Carl Levin (DC Agenda photo by Michael Key)
A key senator who opposes “Don’t Ask, Don’t Tell” is doubtful that sufficient support exists to repeal the law this year as he continues to push for a legislative moratorium on discharges.
Senate Armed Services Committee Chairman Carl Levin (D-Mich.) told reporters following a hearing Thursday he’d favor legislation to overturn “Don’t Ask, Don’t Tell” this year, but said there “will be great difficulty in succeeding in repeal.”
“I’m in favor of repeal, but I don’t favor going to a vote if it’s going to be a setback for those of us who think the program should be repealed,” he said. “I can take a whip check, but I think there’s a real problem … getting repeal approved.”
Fearing a lack of votes, Levin said he’s pushing for a legislative moratorium. The senator noted that such a measure would be “logical” because it doesn’t predetermine the outcome of the Pentagon study currently underway.
“Once the commander-in-chief says people shouldn’t be discharged for simply being gay, I think there’s real dilemma,” he said. “And when we think about that dilemma … hopefully, we’ll lead people to see that the moratorium is an attractive position because it doesn’t prejudge the outcome.”
Levin said he wants a legal opinion of the validity of a moratorium as well as what will happen with pending discharges as the Pentagon completes its review.
Asked whether the White House has been pushing for a moratorium as a way to address “Don’t Ask, Don’t Tell” this year, Levin replied, “Not to me. They may have in some other place.”
But groups opposing “Don’t Ask, Don’t Tell” are reluctant to embrace a moratorium and say there’s still an opportunity this year for repealing the law outright. In an organizational statement sent by spokesperson Trevor Thomas, the Human Rights Campaign emphasized the possibility of repeal this year.
“We believe the votes to repeal this failed law can be found and everyone who wants to see ‘Don’t Ask, Don’t Tell’ end needs to strenuously lobby their elected leaders,” says the statement.
Kevin Nix, spokesperson for the Servicemembers Legal Defense Network, was similarly bullish in a statement on passing full repeal this year.
“It’s too early to be talking about … half measures like a moratorium,” he said. “We’re focused squarely on getting full, permanent repeal of [‘Don’t Ask, Don’t Tell’] in the defense authorization bill.”
Alex Nicholson, executive director of Servicemembers United, said he would support any measure that “had a realistic chance” of alleviating the burden on gay service members, but noted that he was unconvinced a moratorium would be a politically easier vote than outright repeal.
“We’ve heard from some offices on the Hill that they don’t see a practical difference between the two,” he said. “So if there’s going to be a vote on anything this year, we would like it to be on full repeal.”
Nicholson said he would much prefer a push for a vote on full repeal “with modifications” rather than “settle for an equally tough vote on a temporary moratorium.”
During the hearing Thursday, lawmakers pressed Navy and Marine Corps leaders on their views on “Don’t Ask, Don’t Tell.”
When Levin asked witnesses whether they support repeal of the 1993 law at this time, Navy Secretary Ray Mabus said he favors repeal but also supports the study advanced earlier this month by Defense Secretary Robert Gates.
“Since ‘Don’t Ask, Don’t Tell’ is a law, whatever happens resides in Congress,” he said. “I support the repeal of ‘Don’t Ask, Don’t Tell,’ and I think the president has come up with a very practical and workable way to do that.”
Chief of Naval Operations Adm. Gary Roughead and Marine Corps Commandant Gen. James Conway reiterated their support for the Pentagon’s review as they had done in congressional testimony Wednesday.
But Conway said he wouldn’t want any change to undermine military readiness, and noted that “Don’t Ask, Don’t Tell” is working. He advised against any change at this time.
“At this point, I think the current policy works,” he said. “My best military advice to this committee, to the secretary, to the president, would be to keep the law such as it is.”
In a statement, Servicemembers Legal Defense Network Executive Director Aubrey Sarvis rebuked Conway for his remarks, saying the commandant was having his position both ways by supporting a study geared toward ending “Don’t Ask, Don’t Tell” and opposing repeal at this time.
“General Conway was the only chief to say to Congress this week that the law is ‘working,’” Sarvis said. “It is not working. Having a law on the books that fires talented troops, at a time of two wars when all manpower is needed, is not effective and does not enhance the performance and readiness of the force.”
During the hearing, Sen. Joseph Lieberman (I-Conn.), who’s slated next week to introduce Senate repeal legislation, said he agreed with Conway that overturning “Don’t Ask, Don’t Tell” should be “held up to the standard of the military readiness.”
“I’m supportive of the end to ‘Don’t Ask, Don’t Tell,’” he said. “I believe it’s the fair and right thing to do, but in the end … this has to pass the test of military readiness.”
Lieberman said he believes repeal will pass this test based on what’s happened in other countries that have lifted their bans on open service.
“I hope that we will conclude repealing ‘Don’t Ask, Don’t Tell’ will enhance military readiness, but that’s yet to be determined as the study goes on,” he said.
The issue of what the United States can learn from foreign militaries in implementing repeal also emerged during the hearing. Roughead said the working group was necessary to examine the impact on repeal on the U.S. Navy. He said other studies on the effect of repeal on other navies that have lifted bans on open service don’t address the consequences of repeal in the United States.
“While I have high regard for those other forces, they are not us, they do not come from our culture, they do not come from the beliefs that young men and bring into the service,” he said.
Nathaniel Frank, author of “Unfriendly Fire” and research fellow at the Palm Center, has emphasized in arguments in favor of repeal how other countries have lifted bans on open service. Responding to Roughead, Frank said the United States can learn from these countries on this open service as it has on other issues.
“There’s no question that each culture is different, each military is different,” he said. “But the U.S. military has repeatedly looked to other militaries to study issues, including this issue, as well as housing and health and personnel management.”
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.
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