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Bracing for cuts after supercommittee’s failure

LGBT, HIV/AIDS programs could face reductions

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LGBT and HIV/AIDS advocates are bracing for potential cuts as a result of the congressional supercommittee’s failure this week to come up with a deficit reduction deal.

On Monday, members of the Joint Select Committee on Deficit Reduction — comprised of six Democrats and six Republicans — announced that they were unable to come up with an agreement on $1.5 trillion in budget cuts by the Wednesday deadline as established by legislation signed by President Obama in August.

As a result of the supercommittee’s failure to come up with a plan for deficit reduction, a sequester will kick in that will lower spending by $1.2 trillion beginning in fiscal year 2013 by $109.3 billion in cuts per year. Half of the cuts — $54.7 billion — will come from the Defense Department and the other half from mandatory and discretionary domestic spending — including HIV/AIDS programs and certain government programs that help LGBT people.

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According to the Congressional Budget Office, reductions in discretionary appropriations for non-defense programs — including HIV/AIDS programs — would range from from 7.8 percent in 2013 to 5.5 percent in 2021, resulting in savings of $294 billion.

AIDS Institute Deputy Executive Director Carl Schmid (Blade file photo by Michael Key)

Carl Schmid, deputy executive director for the AIDS Institute, said the mandatory cuts that will occur in 2013 “will certainly impact funding levels” for discretionary HIV/AIDS programs such as the Ryan White Care Act, AIDS Drug Assistance Programs and research spending.

“We’re going to try to work to make sure that doesn’t happen, but if it does happen, there’ll be less money for prevention, less money for drugs to keep people healthy, less for care and treatment and less money for research,” Schmid said.

Schmid added the potential cuts are of particular concern because the number of people living with HIV/AIDS continues to grow.

“There’s more and more people living with HIV than ever before,” Schmid said. “There’s more accessing the AIDS Drug Assistance Program than ever before, so it’s at a time when there’s more and more people with HIV, and at a time that we know treatment is a way to cut transmission.”

According to a CDC report published in August, HIV in the United States continues to disproportionately impact young gay and bisexual men, although as a whole, infection rates have been relatively stable in recent years. New infections among among young men who have sex with men increased 34 percent between 2006 and 2009, while infections among young, black men who have sex with men increased 48 percent from 4,400 in 2006 to 6,500 in 2009.

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Brian Hujdich, executive director for HealthHIV, also said the failure of the supercommittee may jeopardize federal programs on which low-income Americans depend for medical coverage.

“We are disappointed but not surprised at the supercommittee’s inaction,” Hujdich said. “They had both the latitude and responsibility to make hard decisions, but once again chose to do nothing. The weight of congressional indecision now falls on the backs of the most vulnerable and medically under-served communities, whose health care coverage may be impacted in 2013.”

Other programs at risk could include some that LGBT Americans rely on in greater numbers than their straight counterparts.

Last week, Kellan Baker and Zach Britt of the Center for American Progress wrote a report that detailed how either action or inaction by the supercommittee could have significant impact on programs affecting LGBT people.

“Gay and transgender communities most at risk include families with children and gay and transgender people who are doubly marginalized in American society, such as gay and transgender people of color, those living in poverty, immigrants, homeless youth, elders, and those with disabilities,” Baker and Britt wrote.

Among the programs identified that could be cut include planned data collection by the Department of Health & Human Services on sexual orientation and gender identity; mental health services that help LGBT  youth and adults cope with depression, bullying and discrimination; and programs that support out-of-home gay and transgender youth.

Despite the failure of the committee, many were unhappy with plans the committee was proposing and thankful an agreement wasn’t made on any one of them.

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According to the CAP report, Democrats proposed cutting $400 billion from Medicare, $75 billion from Medicaid and $1.3 trillion in discretionary spending — while increasing revenue by $1.3 trillion. Republicans, on the other hand, proposed to cut $500 billion from Medicare and $185 billion from Medicaid, with $1.2 trillion more in discretionary cuts and only $40 billion in revenue increases.

Laurie Young, director of aging and economic security at the National Gay & Lesbian Task Force, said the plans the supercommittee was proposing were “really not good” and the failure to come up with a plan is better than an agreement on a bad one.

“No deal today is better than them having agreed upon a bad deal that would have cut benefits to people who are already receiving them and relying on them,” Young said.

Moreover, the two largest programs providing HIV/AIDS care to low-income people — Medicare and Medicaid — won’t see immediate cuts as a result of the supercommittee’s failure. Social Security and Medicaid are immune from cuts under the sequester. Medicare would see, at most, a 2 percent reduction in payments, but those cuts would only affect providers and would not raise co-pays or premiums on people covered under this program.

Young said the exemption of these programs is important because LGBT people are particularly dependent on Medicare, Medicaid and Social Security as they age.

“We don’t have the same ability to access economic security and retirement that our heterosexual counterparts do,” Young said. “And so, we’re twice as likely to age alone and four times less likely to have children who would take care of us.”

But Schmid said the protection of Medicare and Medicaid from the sequester “doesn’t mean all the problems are solved” and those programs could be affected as Congress makes the decisions for cuts.

“There’s still going to be pressure to cut Medicare and Medicaid in the future, so we have to remain vigilant,” Schmid said.

Since the cuts won’t begin until Jan. 2, 2013, Congress has the opportunity to come up with an alternative for deficit reduction rather than the sequestration imposed the supercommittee’s failure to come up with a plan.

Young predicted Congress would work to come up with an alternative because Republicans won’t want to see drastic cuts to defense and Democrats won’t want to see drastic cuts to domestic programs.

“We’re going to have to work over the next year to make sure that we get a balanced plan that doesn’t depend on just slashing benefits or slashing cuts in federal agencies, but also really looks to raising revenues,” Young said. “The chore for next year is making sure that we can get a balanced plan, which was never really considered by the supercommittee.”

Schmid said advocates are going to fight to include HIV/AIDS among the programs that won’t receive cuts, but acknowledged they’re facing an uphill battle.

“These are supposed to be across the board cuts, but there are some other low-income programs that are exempt by the law to sequestration and, I think, we will fight to be included in them as well,” Schmid said. “That will be our job over the next year before these cuts take place in 2013.”

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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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