TL;DR
- Trump’s nominee for U.S. attorney in Wyoming, Darin Smith, has no litigation experience whatsoever.
- Smith has a long record of opposing LGBTQ rights, promoting anti-trans and anti-drag bills, and aligning with far-right groups like the Family Research Council.
- He criticized the Supreme Court’s Bostock ruling protecting LGBTQ workers and reposted anti-LGBTQ content online.
- Smith was present at the Capitol on January 6 and has echoed rhetoric minimizing the insurrection.
- Critics warn his confirmation could endanger LGBTQ+ people in Wyoming, a state with profound historical ties to anti-LGBTQ violence.

TRUMP’S CONTROVERSIAL WYOMING PICK FACES FURY OVER ANTI-LGBTQ HISTORY & ZERO EXPERIENCE
Wyoming’s top federal prosecutor—chosen for loyalty, not law?
Darin D. Smith’s nomination as Wyoming’s top federal prosecutor should have been routine. Instead, it’s become a five-alarm fire for anyone who cares about civil rights, basic qualifications, or—let’s be real—the safety of LGBTQ people in a state still grieving the memory of Matthew Shepard.
Smith, appointed interim U.S. attorney last August, is now up for permanent confirmation. And as Republican senators rally behind him, his long history of anti-LGBTQ activism and a résumé emptier than a Wyoming highway are at the center of a political storm.
Smith’s record, unpacked in sworn testimony, public statements, and years of far-right advocacy, paints a picture that critics say is incompatible with enforcing the law fairly in one of America’s most symbolically important states for LGBTQ justice. If confirmed, he would oversee the very region where Matthew Shepard—a gay college student—was brutally murdered in 1998, a tragedy that shaped modern hate-crime laws.
No court experience—none, zero, zip
Under oath, Smith admitted he had never tried a case, never argued before a jury, never litigated a matter to judgment, and had no significant courtroom experience of any kind. The Judiciary Committee asked him to list major cases he’d litigated; he left the section blank. Prosecutorial experience is not required—but total inexperience is unprecedented.
For a role overseeing federal prosecutions across an entire state, the lack of qualifications is staggering. Critics call him “unqualified,” “dangerous,” and handpicked for political loyalty, not competence.
A legislative past steeped in anti-LGBTQ hostility
As a Wyoming legislator, Smith cosponsored a bill so extreme that even Republicans balked. It sought to expand obscenity laws so broadly that librarians and drag performers could face prosecution—yes, librarians. The proposal threatened book bans and criminal charges over routine materials, and was slammed by civil liberties and LGBTQ advocates. It eventually died, but the intent was clear.
Smith also supported laws forcing schoolchildren to use restrooms and facilities based on sex assigned at birth, a policy proven to endanger transgender youth and isolate them from full participation in school life. That bill was signed into law.
These aren’t fringe positions—they’re structural attempts to erase LGBTQ people from public life.
Aligned with the Family Research Council—and proud of it
In written responses to senators, Smith reaffirmed his agreement with the Family Research Council, a far-right anti-LGBTQ organization that labels homosexuality “harmful” and opposes marriage equality. Asked directly whether he still supports those positions, Smith answered: “Yes.”
He also rejected the landmark Supreme Court ruling Bostock v. Clayton County, which prohibits employment discrimination based on sexual orientation or gender identity. Smith argued that protections for LGBTQ workers should not exist unless Congress passes new laws—essentially advocating to roll back federal civil rights.
While he told senators he does not believe people should be fired for being LGBTQ, he quickly carved out wide exceptions for religious institutions, placing millions of workers at risk under his interpretation.
Social media posts and military discrimination views raise new alarms
Smith has reposted support for Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples even after the Supreme Court ordered her to comply. He has also shared content implying LGBTQ people should not serve openly in the military, claiming their inclusion could weaken national security.
Pressed on whether queer service members threaten the nation’s safety, Smith refused to disavow the premise. He gave only a vague answer about the military needing to be “effective,” echoing rhetoric used to justify Trump’s ban on trans service members.
The January 6 cloud
Smith was on the Capitol grounds during the January 6 insurrection. Although he claims he did not enter the building, he has described some rioters as victims of “entrapment” and dodged questions about whether he supports the convictions of individuals who violently attacked police.
For someone seeking the job of top federal prosecutor—whose office handles federal crimes, including assaults on democracy—this alone would raise serious red flags.
Why LGBTQ Wyomingites should be alarmed
Josh Sorbe, spokesperson for Senate Judiciary Committee Democrats, did not mince words:
“He’s an unqualified insurrectionist… and his bigotry puts into serious question his commitment to upholding the law for all Americans.”
Wyoming has a painful, pivotal place in LGBTQ history. For many queer residents, a U.S. attorney unwilling to affirm their rights—and unwilling to clearly denounce political violence—poses an existential threat. Federal prosecutors wield enormous power over hate-crime enforcement, civil rights investigations, and prosecutorial priorities. Putting that power in the hands of someone with a documented anti-LGBTQ record is dangerous.
A broader message for queer America
Smith’s nomination isn’t happening in a vacuum. Across the country, Trump-aligned officials are advancing efforts to roll back LGBTQ rights—from banning gender-affirming care to restricting trans participation in sports to undermining civil rights protections in schools and workplaces.
Smith represents that movement in microcosm: anti-LGBTQ ideology, reverence for extremist groups, disregard for legal precedent, and a troubling affinity for January 6 narratives.
The LGBTQ community has spent decades fighting to ensure that the justice system protects everyone equally. That fight is now staring down the U.S. Senate—and the stakes could not be higher.
If Wyoming gets a U.S. attorney hostile to LGBTQ rights, the effects won’t stop at the state line. It will be yet another green light for extremists nationwide who hope to reshape the legal system in their image.
And queer America knows all too well how dangerous that can be.