The Trump administration continues its relentless push to dismantle federal LGBTQ+ protections, and Darin Smith appears to be the latest figure advancing that agenda.
Despite never having tried a case, Smith is on track to become the next U.S. Attorney for Wyoming — a position the Department of Justice describes as the state’s “principal litigator.” While his lack of experience would typically be disqualifying, Smith checks several boxes that have become increasingly important under Donald Trump: unwavering MAGA loyalty, belief in the Big Lie that the 2020 election was stolen, participation in January 6 rallies, and deep opposition to LGBTQ+ rights.
Smith, who is currently serving as interim U.S. attorney, was previously Director of Planned Giving and Foundations for the Family Research Council (FRC), a designated anti-LGBTQ+ hate group. The organisation has openly declared that “the only appropriate context for sexual relations is within the marriage of a man and a woman” and that “God created us ‘male and female.’”
In his Senate Questions for the Record, Smith confirmed to Sen. Dick Durbin (D‑IL) that he agrees with FRC’s opposition to same-sex marriage and its assertion that homosexuality is “harmful.” His response suggests agreement with FRC’s positions that sexual orientation can change through conversion therapy, that LGBTQ+ people “should never be specially protected categories under the law,” and that the Equality Act is “actually unequal, unfair, and unjust.”
A Trojan Horse Nomination
Smith’s nomination has flown largely under the radar, despite enthusiastic backing from Wyoming’s Republican senators. Legal experts warn the move reflects a broader pattern where loyalty to Trump outweighs competence or experience.
“It certainly strikes me as something that the administration could try to use as precedential,” former federal prosecutor Michael Romano told Bloomberg.
Bruce Green, director of Fordham School of Law’s Louis Stein Center for Law and Ethics, added:
“Smith’s background gives assurance only that he is politically aligned with, and will be loyal to, President Trump. From the president’s perspective, that seems to be the only necessary qualification.”
Josh Sorbe, spokesperson for Senate Judiciary Committee Democrats and Sen. Durbin, was far more direct, calling Smith an “anti-LGBTQ+ extremist” with “no business serving as top law enforcement in any state — let alone a state with as much history of queer importance as Wyoming.”
Wyoming is where Matthew Shepard was murdered in a brutal anti-gay hate crime in 1998. His death led to the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into law in 2009.
A Record of Anti-Queer Legislation
Smith has openly advocated against most legal protections for LGBTQ+ people. He once described a proposed state employment discrimination law as “a Trojan horse to legislate morality.”
Defending those remarks to Durbin, Smith said the bill “would have enshrined discrimination into law” by allowing “government officials and entities funded by taxpayers to elevate the rights of LGBTQ+ individuals over the rights of the rest of the population.”
During his brief seven-month stint as a Wyoming state senator, Smith sponsored legislation seeking to criminalise drag shows and target public and school librarians accused of “promoting obscenity” to minors. The bill ultimately died in committee after even Republicans criticised it for being dangerously vague.
He also co-sponsored legislation banning trans students from using school facilities aligned with their gender identity — a bill that ultimately became law.
When pressed by Sen. Chris Coons (D‑DE) on whether he personally agrees with FRC’s positions on trans identities, abortion, and queer families, Smith deflected, responding:
“I will let the Family Research Council speak for themselves and decide their positions on these matters.”
His answers regarding LGBTQ+ military service were similarly evasive. Asked whether LGBTQ+ people should be allowed to serve, Smith replied:
“I believe we should follow the law, and all people should be treated equally.”
Asked whether LGBTQ+ service members make the US less safe or respected abroad, he repeated:
“The focus must be on having the most effective military force possible.”
Smith did say businesses and governments should not be allowed to fire someone based on their LGBTQ+ identity, but added a caveat:
“I do believe that churches and religious organisations have the Constitutional right to make employment decisions consistent with their religious beliefs and doctrines.”
January 6 and the Big Lie
Smith attended the January 6 rally that sought to overturn the 2020 election. While he claims he did not enter the Capitol, he has repeatedly downplayed the violence and criticised law enforcement.
He accused Capitol Police of “massive incompetence,” saying their “impotent response” allowed the insurrection to unfold.
During a Senate speech opposing the nomination, Sen. Peter Welch (D‑VT) said:
“The people who protected us — he said were guilty of massive incompetence. I mean, seriously, what are we doing?”
Smith has also accused the FBI and Capitol Police of entrapment and supported pardoning all January 6 rioters.
Stunning Lack of Qualifications
In his Senate questionnaire, Smith admitted he has never argued before a jury, questioned a witness before a grand jury, drafted a search warrant, or investigated violent crime, gun violence, organised crime, corruption, or financial crimes. He has never worked with crime victims or collaborated with law enforcement.
Despite this, his confirmation is widely expected due to the Republican majority in the Senate.
Sorbe summed it up bluntly, calling Smith “an unqualified insurrectionist” whose “bigotry puts into serious question his commitment to upholding the law for all Americans.”
