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Brennan Suen

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  • These are the LGBTQ-related cases the Supreme Court could take up this term

    The Trump-Pence administration asked the Supreme Court to review trans military ban cases. There are several other LGBTQ-related cases it could decide to take up this session.

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    The Trump-Pence administration has once again asked the Supreme Court to take up one of its policy priorities and bypass lower courts in what has been called an “unusual” move -- this time, to expedite a ruling on its proposed policy banning openly transgender service members from serving in the military. And that’s just one of several LGBTQ-related cases the Supreme Court could hear this session, with other topics including employment discrimination, trans-inclusive school facilities, and religious exemptions for businesses. Extreme anti-LGBTQ group Alliance Defending Freedom has connections to several of those cases.

    Though there has been media coverage of the trans military ban cases, several other important cases that may reach the high court fly under the media’s radar. Here's a look at LGBTQ-related cases that may be heard by the Supreme Court this term:

    Trans military ban

    Employment discrimination under Title VII

    Religious exemptions for businesses

    Trans-inclusive school facilities

    Trans military ban

    In July 2017, Trump announced on Twitter that he planned to ban transgender people from serving in the military, reversing a 2016 policy change by the Obama administration that allowed trans people to serve openly. In March, the Trump-Pence administration released its official policy. In developing the plan, the administration reportedly relied on a panel of “experts” that included the vehemently anti-trans activist Ryan T. Anderson and Tony Perkins, president of the extreme anti-LGBTQ group Family Research Council. There have been four lawsuits filed against the ban, and according to CNN, “District courts across the country have so far blocked the policy from going into effect. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall and the DC Circuit will hear arguments in early December.”

    The Department of Justice (DOJ) has asked the Supreme Court to review three of the cases, bypassing lower courts: Doe v. Trump, Stockman v. Trump, and Karnoski v. Trump. According to The Advocate, Doe “is pending before the U.S. Court of Appeals for the District of Columbia Circuit," and the other two are pending before the 9th Circuit. Neither appeals court has ruled on any of these cases, but the 9th Circuit has heard arguments in one challenge already.

    The Guardian reported that the Trump-Pence administration’s request “is the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, which has a conservative majority, to weigh in quickly on a divisive issue.” The New York Times noted that the DOJ’s request for the Supreme Court to review the issue is unusual, as it “does not ordinarily intercede until at least one appeals court has considered an issue, and it typically awaits a disagreement among appeals courts before adding a case to its docket.” According to the Supreme Court’s rules, it should take up an issue “only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this court.”

    Speaking to The Washington Post, several lawyers challenging the ban have “said there is no reason for the court to abandon its usual policy,” and according to The Daily Beast, if the Supreme Court does review the issue, it “would theoretically only be considering whether or not to lift the injunctions that have been placed on the rollout of the transgender troop ban” while the lower courts continue to debate the legality of the ban itself. However, there is also a chance that the high court could find a way to rule directly on the ban’s constitutionality.

    Employment discrimination under Title VII

    There are three cases that the Supreme Court could take up involving interpretations of workplace protections under Title VII of the 1964 Civil Rights Act, which “prohibits employment discrimination based on race, color, religion, sex and national origin.”

    The primary debate around Title VII involves whether protections from sex discrimination also encompass sexual orientation and gender identity, particularly as the Supreme Court has already ruled that employers cannot discriminate based on gender stereotypes. In May 2017, Congress introduced the Equality Act, a bill that would explicitly add sexual orientation and gender identity to existing civil rights laws, including the Civil Rights Act.

    In October 2017, the DOJ issued a memo that said (emphasis original), "Title VII's prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status." Of the three Title VII cases that the Supreme Court might take up, one involves a trans woman who was fired for her gender identity, and the other two involve men who were fired for their sexual orientation.

    The first case, R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, involves a transgender woman named Aimee Stephens, a funeral director who was fired after coming out to her longtime employer. The 6th U.S. Circuit Court of Appeals ruled in her favor based on Title VII protections, saying, “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex” and that “discrimination ‘because of sex’ inherently includes discrimination against employees because of a change in their sex.”

    The influential and extreme anti-LGBTQ group Alliance Defending Freedom (ADF) is representing the funeral home at the center of the case, and ADF’s lawyers asked the Supreme Court to take up the case in July.

    In October, the DOJ filed a brief in support of the funeral home. It issued a similar brief in favor of ADF’s client in the Masterpiece Cakeshop case decided last session. Solicitor General Noel Francisco signed the Harris Funeral Homes brief and argued in support of ADF’s client in Masterpiece Cakeshop. ADF had identified Francisco as one of its more than 3,200 allied attorneys in several press releases in 2016, but the group later claimed that this had been “our mistake” and that he was not in fact an allied attorney. ADF shows a distinct lack of transparency about who its allied attorneys are, and another group even filed a Freedom of Information Act request to determine Francisco’s exact relationship with ADF.

    In a second case, Zarda v. Altitude Express, skydiving instructor Donald Zarda sued his employer Altitude Express for firing him in 2010 after he “told a female student that he was gay.” (Zarda died four years after he filed the suit.) The 2nd U.S. Circuit Court of Appeals ruled in his favor in February of this year, deciding that Title VII “prohibits discrimination on the basis of sexual orientation.” Altitude Express and its lawyers petitioned the case to the Supreme Court in May.

    In a third case, Bostock v. Clayton County, Georgia, Gerald Bostock sued after “he was fired from his job as a child welfare services coordinator for a Georgia county’s juvenile court system when his employer found out he is gay.” The 11th U.S. Circuit Court of Appeals ruled against Bostock, saying that Title VII does not protect discrimination based on sexual orientation. In May, Bostock and his lawyer asked the Supreme Court to weigh in given a split in circuit courts’ rulings on the matter.

    The high court was originally expected to consider petitions to review the three Title VII cases on November 30, but it has since “delayed its timeline for considering whether to grant review.” According to Bloomberg Law, “The court’s next scheduled conference is Dec. 7, and it has no more conferences scheduled for December. The first conference of the new year is scheduled for Jan. 4.” If it does not grant review by mid-January, the court would not be able to hold oral arguments for any of the cases during the current term, which began in October.

    Religious exemptions for businesses

    In June, the Supreme Court narrowly ruled in favor of ADF’s client Jack Phillips, a Christian baker who refused to bake a cake for a same-sex couple, in Masterpiece Cakeshop v. Colorado Civil Rights Commission. The decision did not indicate how the high court should rule on other similar cases or on the larger question of whether businesses can deny services to LGBTQ people but rather ruled that members of the Colorado Civil Rights Commission had shown “hostility toward the sincere religious beliefs that motivated [Phillips’] objection.” This next session, however, the Supreme Court could make a broader ruling on a similar case.

    In Klein v. Oregon Bureau of Labor and Industries, the owners of the now-shuttered Oregon bakery Sweet Cakes by Melissa were fined $135,000 for refusing to bake a wedding cake for a lesbian couple, a violation of the state’s nondiscrimination law. According to The Oregonian, the Oregon Court of Appeals ruled against the bakery owners and “upheld the order, and the state Supreme Court declined to hear the case earlier this year.” Their lawyers -- from the anti-LGBTQ legal group First Liberty Institute (previously known as Liberty Institute) -- filed a petition for Supreme Court review in September. At least four of those lawyers have connections to ADF: Kelly Shackelford, the president and CEO of First Liberty Institute, and Hiram Sasser have both been identified as ADF allied attorneys, and Michael Berry and Stephanie Taub both participated in ADF’s legal fellowship program.

    Trans-inclusive school facilities

    ADF has filed another petition asking the Supreme Court to weigh in on an LGBTQ-related issue in the Joel Doe v. Boyertown Area School District case. In that case, cisgender students represented by ADF sued their school district after Boyertown Area High School passed an inclusive policy that allows transgender students to use facilities that align with their gender identity. This differs from the high-profile Gavin Grimm v. Gloucester County School Board case, in which a trans student sued his school district for passing a discriminatory policy.

    The 3rd U.S. Circuit Court of Appeals ruled in favor of Boyertown’s trans-inclusive policy and against ADF’s client in July, citing Title IX of the Education Amendments of 1972, which “prohibits discrimination ‘based on sex’ in federally funded educational programs.” ADF has also attempted to leverage Title IX in its arguments, saying that the school’s trans-inclusive policy would create a “hostile environment” in violation of Title IX because its cisgender clients would have to interact with trans students in school restrooms and locker rooms. ADF thus contended that cisgender students who feel “embarrassed and harassed” by being in the same restrooms as trans students would be discriminated against “on the basis of sex.”

    There are several potential outcomes if the Supreme Court does take up the case. The Daily Beast’s Samantha Allen wrote that if the court ruled against the plaintiffs, it would likely decide “that local school districts like Boyertown cannot be barred from establishing transgender protections” rather than making a more sweeping decision “to affirm that all transgender students nationwide are protected under Title IX.” However, Allen noted the increasingly conservative makeup of the court and contemplated what could happen if it ruled in favor of ADF’s clients:

    There’s another outcome that has the potential to be catastrophic for a generation of transgender students: The Supreme Court—now with a conservative majority and two Trump picks—hears the case and agrees that transgender students cannot be protected by school policies. In the worst case, they agree that Title IX not only doesn’t protect transgender students, but actually requires schools to discriminate against them.

    Extreme anti-LGBTQ groups are emboldened by the new Supreme Court make up

    Extreme anti-LGBTQ groups, including ADF, have united around Supreme Court Justice Brett Kavanaugh’s confirmation to the court, assuming he would champion their issues and cement the conservative majority on the court. Like the Trump-Pence administration, these groups have been emboldened to push for discriminatory policies in the courts, such as overturning protections against conversion therapy for LGBTQ youth. ADF and others like it also have unprecedented influence over the administration; the White House even briefed ADF President Michael Farris about the FBI's Kavanaugh investigation not long after U.S. senators received the FBI’s report. Farris and ADF argued twice before the Supreme Court during the last session, and ADF has played a role in more than 50 other cases before the high court.

    Additional research by Kayla Gogarty and Brianna January.

  • Anti-LGBTQ forces warn that Colorado's first openly gay governor is a threat to Christians

    As Colorado Gov.-elect Jared Polis makes history, an anti-LGBTQ group and right-wing media outlet have dubiously attempted to pit religion against the LGBTQ community

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    Anti-LGBTQ groups and right-wing media outlet The Daily Wire have used the successful campaign of Colorado Gov.-elect Jared Polis, the first openly gay man to be elected governor, to push a false narrative pitting religion against the LGBTQ community. Specifically, they have leveraged the story of anti-gay Colorado baker Jack Phillips -- who went all the way to the Supreme Court in a case involving his refusal to bake a cake for a gay couple -- to say that the state is persecuting Christians and that Polis’ election would result in religious people losing their rights.

    Extreme and influential anti-LGBTQ group Alliance Defending Freedom represented Phillips in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case. The Supreme Court narrowly ruled in Phillips’ favor based on the particulars of the case, citing “inappropriate and dismissive comments” from one of the Colorado civil rights commissioners as “hostility” toward Phillips’ religion. Polis called the Supreme Court’s decision “disappointing, but thankfully narrow in scope,” adding that Congress should pass the Equality Act, a bipartisan federal bill that would amend civil rights protections in employment, housing, education, public accommodations, and other areas of life to include sexual orientation and gender identity.

    After Polis’ historic win, The Daily Wire’s Paul Bois published an article headlined “Colorado Elects First Openly Gay Governor In U.S. History As The State Persecutes Christians.” Bois highlighted Polis’ “commitment to LGBTQ principles” and wrote, “The ascension of Polis in Colorado comes at a time when the state has increasingly positioned itself as an enemy of religious liberty, most notably in its persecution of baker Jack Phillips.”

    Before Election Day, anti-LGBTQ group Family Policy Alliance also featured Phillips in a campaign ad against Polis. According to LGBTQ news outlet INTO, the ad said, “Assaults on Jack’s faith – and yours – could get even worse if Boulder’s own Jared Polis becomes governor,” and a statement released alongside the ad asserted that “the decision Colorado voters make will impact Jack Phillips and other people of faith in Colorado—and beyond—for years to come.” Family Policy Alliance sent an email promoting the ad on October 24, which claimed that Polis’ election “means that things could get even worse for Jack and other people of faith in Colorado.”

    The group deleted the ad within days and scrubbed references to the video from its website. A Family Policy Alliance spokesperson told Baptist Press on November 2 that the group “was no longer featuring Phillips in its ad online but was ‘pivoting to the next phase in our strategy with an ad that focuses on candidate Jared Polis and the threat to religious freedom he poses for people of faith in our state.’" That second ad, titled “Jared Polis vs. Freedom,” asserted that if elected, Polis would threaten “the freedom of people of faith throughout Colorado.” (During the 2018 election, Family Policy Alliance and its member group Massachusetts Family Institute worked extensively to undo a trans-inclusive nondiscrimination law in Massachusetts. The repeal effort failed.)

    The Family Policy Alliance ads and The Daily Wire’s story rest on the false premise that the LGBTQ community and people of faith are at odds, or that equal rights for LGBTQ people somehow result in the loss of rights for people of faith. Anti-LGBTQ figures often set up this “God vs. Gay” dichotomy to gin up sympathy for individuals and groups who wish to discriminate against LGBTQ people by citing their faith. But these figures, often right-wing evangelical Christians, do not represent all people of faith or even speak for all of Christians. The majority of Americans believe that homosexuality should be accepted -- including majorities of most religious groups. Almost 1,300 faith leaders filed an amicus brief defending the gay couple at the center of the Masterpiece Cakeshop case and condemning the use of “religious freedom” arguments to discriminate against LGBTQ people. According to the brief’s press release, the faith leaders represented 500,000 congregants “from approximately 50 unique faith traditions across the U.S.” And though the Supreme Court ruled against the couple, the decision did not indicate how similar court cases should play out. But Alliance Defending Freedom, which represented the baker in the case, is litigating several other cases that may determine whether businesses serving the public have the right to discriminate against LGBTQ people under the guise of “religious exemptions.”

    Additional research by Brianna January.

  • These anti-LGBTQ group alumni work in federal agencies that will interpret potential anti-trans definition of gender

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    The Trump-Pence administration is “considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth,” according to an October 21 story in The New York Times. The definition would be established under Title IX, which bars “gender discrimination in education programs that receive government financial assistance.” Title IX is enforced in part by the “Big Four” federal agencies -- the departments of Education, Justice, Health and Human Services, and Labor -- where numerous alumni and allies of major anti-LGBTQ groups currently work.

    According to the Times, the move is considered “the most drastic” yet in the administration’s onslaught against transgender rights, and “the new definition would essentially eradicate federal recognition” of the trans community. The effort is being led by the Department of Health and Human Services (HHS) and its Office for Civil Rights, whose director, Roger Severino, formerly worked for the right-wing Heritage Foundation alongside many other anti-LGBTQ staff who fill the Trump-Pence administration.

    The departments charged with enforcing Title IX are staffed with several alumni from anti-LGBTQ groups, including the extreme and influential Alliance Defending Freedom (ADF) and Family Research Council (FRC). The following people with positions in the departments of Justice, Education, Labor, and HHS have ties to anti-LGBTQ groups:

    In addition to their former work at anti-LGBTQ groups, several of these agency staff have said or supported extreme anti-LGBTQ measures. DOJ's Kupec was a visible spokesperson for ADF and made numerous media appearances defending the group’s anti-LGBTQ work. HHS’ Royce has promoted the dangerous and ineffective practice of conversion therapy, saying that “the ex-gay movement is a very important part of the story” and that she had counseled “people who were in a homosexual lifestyle.” She contended then that they “generally found themselves in a desperate place” and “have tried to find fulfillment in ways that are against God’s principles,” using that claim to argue against same-sex marriage. Her former employer, FRC, has vehemently supported conversion therapy. Another HHS staffer, Bowman has said that advocates for same-sex marriage have an “appetite for McCarthyism” and compared them to thugs. Additionally, two other FRC alumni -- Charmaine Yoest and Teresa Manning -- temporarily worked for the Trump-Pence HHS. Yoest moved to a White House job, and Manning abruptly stepped down from the job.

    HHS’ suggested language defines sex “as either male or female, unchangeable, and determined by the genitals that a person is born with,” which defies medical consensus and the lived experiences of trans and gender-nonconforming people all over the world. Vox’s German Lopez described how the proposal would affect the everyday lives of transgender Americans:

    The proposal would effectively erase protections for trans people, who identify with a gender different from the one assigned to them at birth, from federal civil rights laws — ensuring that the laws do not prohibit discrimination against trans people in any setting, including the workplace, housing, schools, and health care.

    Furthermore, the Human Rights Campaign’s Charlotte Clymer outlined other examples of severe consequences that could result in the administration’s “severely restrictive and narrow definition of sex”:

    • Same-sex couples and their families could be turned away from emergency shelters

    • A transgender person could have their insurance deny them coverage for transition related care

    • A gay man could be harassed about being gay at a job skills training

    • An elderly same-sex couple could be denied in home meal service

    • A transgender woman could be turned away from a hospital for a broken ankle

    Additional research by Kayla Gogarty.

  • Fox News attacks liberals after far-right group Proud Boys assaults protesters on the streets of New York

    Fox & Friends Sunday makes no mention of the Proud Boy's violent attacks, but does call for civility

    Blog ››› ››› BRENNAN SUEN

    During Fox & Friends Sunday's headlines, host Pete Hegseth said that conservatives were calling for "civility" because of protesters at New York City's Republican headquarters, leaving out the fact that the far-right group Proud Boys assaulted several protesters at the event. On October 12, the Metropolitan Republican Club in New York City hosted Proud Boys founder and right-wing media host Gavin McInnes to speak. After the event, Proud Boys assaulted three protesters, with videos showing "more than a dozen" Proud Boys, including at least three skinheads, punching and kicking protesters on the ground. 

    On the day of the attacks, Fox News immediately blamed liberal protesters and warned about Antifa and "swords," even though McInnes was the person brandishing a sword as his group attacked protesters McInnes was brandishing a sword because the event was apparently to commemorate when the murder of a Japanese socialist in 1960 via a sword.

    Members of the Proud Boys brutally beat people, shouted "faggot" and "cocksucker," and bragged about "smashing" a protester's head "in the pavement."

    Fox News has been has been harshly criticized for suggesting liberals were to blame. Despite this, Fox & Friends Sunday's coverage of the event continued to leave out the Proud Boy's violence and instead just attack liberal protesters.

    From the October 14 edition of Fox News' Fox & Friends Sunday:

    ​PETE HEGSETH (HOST): ​Calls for civility are growing after protesters storm GOP headquarters in New York City. Conservatives calling on all Democrats to denounce left-wing vandals after Antifa thugs defaced the New York City Republican headquarters. I'm also just glad to know that there is a New York City Republican headquarters.

    Hegseth, incidentally, interviewed McInnes in 2017 on Fox News without disclosing who McInnes even was. McInnes used to also be a Fox News contributor.

  • Alliance Defending Freedom has lost its latest effort in a decade-long battle to prohibit marriage equality in Romania’s constitution

    The massive anti-LGBTQ organization has been working to push its goals internationally, including in Romania, where same-sex partners already cannot marry

    Blog ››› ››› KAYLA GOGARTY & BRENNAN SUEN


    Melissa Joskow / Media Matters

    A Romanian referendum that would have amended the country’s constitution to define marriage as “between a man and a woman” failed this past weekend after it did not receive the 30 percent turnout required to be valid. Influential and extreme anti-LGBTQ group Alliance Defending Freedom (ADF) worked extensively in favor of the referendum and has been actively working against marriage equality in Romania for more than a decade.

    Though the referendum failed to draw more than roughly 20 percent of voters, the BBC reported that polls taken before the vote “indicated support for the change was as high as 90%.” Romanian LGBTQ advocates successfully urged their supporters to boycott the polls to invalidate the vote, even though the government took the “unusual step” of extending the referendum to two days at a cost of $46 million.

    This was not the first campaign against marriage equality in Romania. The Los Angeles Times reported that Peter Costea of Coalition for Family, the Romanian organization “leading the charge on the referendum,” first pushed to change the country’s constitution 13 years ago by working with “local Christian groups.” The Times continued, “This time, he’s backed by far more firepower. Costea turned to the Alliance Defending Freedom, an Arizona-based association that has emerged as an influential legal force for the American religious right — part of a larger pattern of conservative evangelical and other Christian groups finding fertile new ground for pressing an agenda against marriage between same-sex partners.”

    But Costea has actually worked with ADF for more than a decade. He is listed as one of its 3,200 allied attorneys, and Costea and ADF “provided instrumental legal counsel to Romanian Parliament” regarding a civil code enacted in 2009 that defined marriage as between “man and woman.” It does appear, however, that Trump’s election was a catalyst for their latest push, as the Times wrote:

    Within days of Trump’s election victory, the Coalition for Families was “contacted by higher-ups in the Romanian government to say that things had changed in Romania because things had changed in the White House,” Costea said. They promised to help jump-start the referendum campaign, he said.

    To that end, the Alliance Defending Freedom has held conferences and run an informational campaign backing the Coalition of Families to promote the Romanian measure. Along with Liberty Counsel, it also submitted friend-of-the-court memos to Romania’s Constitutional Court.

    Alliance Defending Freedom has worked on anti-LGBTQ measures in Romania for more than a decade

    Over the last two years, ADF worked extensively to boost Romania’s anti-LGBTQ referendum from its initial petition to the final vote. In July 2016, ADF International filed a friend-of-the-court brief at the Romanian Constitutional Court in support of the referendum, and ADF co-hosted a conference with the Coalition for Family at the Romanian Parliament in Bucharest in 2017. ADF continued advocating for the constitutional amendment through social media posts, news releases, videos, official reports, and analysis. In a related event, ADF also submitted an intervention in 2017 to the European Court of Justice (ECJ) against a gay Romanian and American married couple who were fighting for their right to live together in Romania. The ECJ ultimately backed the legal residency for same-sex couples under the definition of “spouse,” which was the language the 2018 referendum attempted to amend. According to the Los Angeles Times, U.S. groups including ADF have aligned with Eastern European conservatives because their ideology “meshes perfectly with the goals of Christian conservatives in the U.S.”

    Additionally, a 2012 book by Duquesne University political science professor Clifford Bob detailed work by ADF and Costea in Romania a decade ago that has striking similarities to their most recent work together, demonstrating that the alliance between ADF and Eastern European conservatives is not new. According to the book, ADF became involved in the Romanian marriage debate a decade ago after Costea contacted the extreme anti-LGBTQ group for legal help with his first campaign to amend Romania’s constitution to define marriage as “between a man and a woman.” Bob wrote that Romanian religious groups “had gathered the necessary signatures for validation by the Romanian Constitutional Court” by December 2006, and Costea “engineered the filing of amicus curiae briefs, a tactic unprecedented in Romanian jurisprudence,” to bolster the petition. According to the book, ADF “reviewed Costea’s brief and filed its own.”

    After the petition “failed to meet the Constitution's geographic distribution requirement for citizen initiatives” and thus did not make it to a referendum, Costea set up a formal organization, the Alliance of Romania’s Families (ARF), which he said was “absolutely” modeled on anti-LGBTQ groups “Family Research Council, Focus on the Family, [and] ADF.” ADF helped launch ARF, and former ADF chief counsel Benjamin Bull said ADF worked to “shape and define the organization.” ADF also sponsored Costea’s attendance “at one of its multiday, all-expenses-paid National Litigation Academies.”

    According to Bob’s book, ADF offered “to assist any government in defending its marriage laws” when ARF began its first campaign, in 2008, to amend Romania’s family code “with a defense of marriage provision similar to those in the United States.” That year, ADF provided legal arguments defending the amendment, and its ally the World Congress of Families (WCF) sent a petition signed by anti-LGBTQ leaders from across the world, including ADF’s Glen Lavy, to the Romanian Parliament. In 2009, “ARF worked with ADF and Romanian legislators to draft defense of marriage language even broader than the recent amendment,” resulting in a bill that prohibited same-sex adoption and refused to recognize same-sex marriages performed in other countries. When the bill passed, ADF hailed Parliament’s decision and noted that it had provided “legal counsel to several prominent Romanian parliamentarians” who introduced and helped pass the policies.

    Other anti-LGBTQ groups in the U.S. have worked against marriage equality in Romania

    Other U.S.-based extreme anti-LGBTQ groups also assisted with Romania’s referendum, including Liberty Counsel and the World Congress of Families (WCF). Liberty Counsel lawyer Harry Mihet and client Kim Davis, the Kentucky clerk who made national headlines after refusing to sign same-sex marriage licenses, traveled around Romania for nine days to support the referendum. They held conferences in Romania’s largest cities; met with archbishops of the Romanian Orthodox Church and members of Parliament; and appeared together in TV and radio interviews. The day before the 2018 vote, Liberty Counsel founder Mat Staver discussed the impact the trip had on the referendum in a podcast. Prior to the group’s campaigning trip, Liberty Counsel also provided legal support in an amicus brief to the Romanian Constitutional Court.

    WCF, which sent the 2008 petition against marriage equality in Romania, invited a member of the Coalition for Family to speak about the importance of the referendum at its 2017 conference in Budapest. WCF also used social media to encourage Romanians to vote in support of the referendum, with WCF President Brian Brown actively posting his support on Twitter. Additionally, CitizenGo, a campaign linked to WCF, posted a video in April in support of amending the Romanian constitution.

    Though anti-LGBTQ groups failed in their latest effort to further marginalize LGBTQ Romanians, the country’s LGBTQ residents still do not have the right to marry, while LGBTQ people across Eastern Europe are regularly detained, prevented from peacefully organizing, tortured, and even killed. Yet anti-LGBTQ groups in American ignore these human rights atrocities and continue to target the community, helping contribute to the culture of fear that LGBTQ Eastern Europeans face every day.

  • Why is the White House briefing the president of extreme anti-LGBTQ group Alliance Defending Freedom about the Kavanaugh investigation?

    ADF President Michael Farris deleted a post about the White House calling him with “information about the Kavanaugh-FBI investigation”

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    In a since-deleted Facebook post, Michael Farris, president of the influential and extreme anti-LGBTQ group Alliance Defending Freedom, wrote today that the White House had called him “with information about the Kavanaugh-FBI investigation” not long after U.S. senators received the FBI’s report on the matter. Farris and his organization argued twice before the Supreme Court over the last session, and ADF has played a role in more than 50 other cases at the high court.

    The FBI investigated Supreme Court nominee Judge Brett Kavanaugh after professor Christine Blasey Ford testified before the Senate Judiciary Committee that he sexually assaulted her and after two other women reported incidents of sexual misconduct by Kavanaugh. It is not clear who at the White House contacted Farris or why they would be giving such information to him, particularly as he and his group are likely to argue in the future before the Supreme Court, which could include a Justice Kavanaugh.

    One reason for alarm about Farris receiving private information from the White House about the Supreme Court confirmation process is that he and his group have argued before the high court several times before and are very likely to do so again, meaning they will be particularly affected by the nomination decision. ADF says it has played “a role in 54 victories” at the Supreme Court, and it won both cases that it argued there in the most recent session. In one case, Farris argued on behalf of ADF’s client in National Institute of Family and Life Advocates v. Becerra. The Supreme Court ruled in favor of ADF’s client, NIFLA, a network of fake health clinics. The court also ruled in favor of another ADF client during the past session in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, determining that the commission had shown “hostility” to a Christian baker who refused to bake a wedding cake for a gay couple. The ruling was considered narrow and did not indicate how the court should rule on other cases regarding religious discrimination. The Department of Justice issued an unusual brief in favor of ADF’s client.

    ADF will likely be before the Supreme Court again, potentially even this year. It is spearheading at least a half-dozen other cases regarding religious exemptions through the courts, and the group -- along with attorneys general from 16 states -- have asked the Supreme Court to take up its R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission case. The case involves a transgender woman, Aimee Stephens, who was fired after she came out as trans to her employer, a funeral home. According to CNN.com, “If the court takes up the case, it could have broader implications for the definition of sex-based discrimination” and “could impact case law that precludes firing anyone -- gay, straight or cisgender -- for not adhering to sex-based stereotypes.” With ADF’s record, it is extremely likely that Harris or one of its dozens of other cases will eventually be decided by the Supreme Court.

    The Trump White House has long been cozy with ADF and other extreme anti-LGBTQ groups, and ADF has directly impacted anti-LGBTQ administration policies, actions, and guidelines including at the Department of Justice, the Department of Health and Human Services, the Department of Education, and the Bureau of Prisons. Trump has also nominated several attorneys with ties to ADF for federal judgeships.

    ADF has not publicly endorsed Kavanaugh and claims publicly that it does not “take a position on the merits of supreme court nominees,” but several anti-LGBTQ groups that it works closely with have vehemently advocated for him to be confirmed. These groups have claimed he “will be strong on [their] issues” and that he is “the right kind of judge.” They have even launched attacks on Ford and her story to defend their man. Other extreme anti-LGBTQ groups, including Liberty Counsel, are trying to push discriminatory policies through the courts, such as cases attempting to overturn protections for LGBTQ youth from conversion therapy. They have been encouraged by the court’s decisions in NIFLA and Masterpiece Cakeshop and by the potential of a Justice Kavanaugh.

    While it is not surprising that Farris and ADF are in contact with the White House about sensitive matters, it raises ethical questions for the White House to contact them with private information that will directly affect ADF’s work as the group continues to push for discriminatory policies through the courts. Farris’ deletion of the post only adds to those questions.

    Research support provided by Carrie Resnick, part of the NARAL research team.

    To learn more about the anti-LGBTQ positions of ADF, check out Media Matters’ interactive research book, “The extremism of anti-LGBTQ powerhouse Alliance Defending Freedom.”

  • Anti-LGBTQ World Congress of Families kicked off this weekend with Moldova's president in attendance

    National Organization for Marriage president Brian Brown is exporting his bigoted agenda abroad with help from pro-Russian leaders

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    The 2018 anti-LGBTQ World Congress of Families (WCF) began today in Moldova, led by former National Organization for Marriage (NOM) president Brian Brown and attended by several pro-Russian leaders, including Moldovan President Igor Dodon. Although Brown has lost much of his influence domestically in the time since the U.S. Supreme Court overturned his anti-marriage equality effort in California, he has cozied up with pro-Russian foreign leaders and worked to export his anti-LGBTQ agenda abroad.

    Brown serves as president of both WCF and NOM, which he also co-founded and which was instrumental in banning marriage equality in California in 2008 through the Proposition 8 ballot initiative. Proposition 8 defined marriage as between a man and a woman in the state’s constitution, but same-sex marriage was reinstated in California in 2013 after a lawsuit over the proposition made it to the Supreme Court. In the years since, NOM has lost much of its domestic influence and funding (though it still works with prominent anti-LGBTQ groups such as Alliance Defending Freedom), but Brown has focused his efforts abroad and particularly worked to increase his profile in Eastern Europe.

    Brown was named president of WCF in 2016, although he had worked with the group for years before then. Brown and WCF worked closely with Russian lawmakers, activists, and officials as the country shaped its so-called “gay propaganda” law, including Brown directly meeting with the law’s architect, Yelena Mizulina, a regular attendee of WCF conferences. That law “has been seen as effectively criminalizing any public expression of same-sex relationships,” according to Mother Jones, and it has led to both activist arrests and increased violence against LGBTQ people in Russia.

    In 2014, Mother Jones mapped out many of the relationships between WCF and anti-LGBTQ Russians, noting that they “were already deeply connected before they kicked off their planning this fall through ties forged while advancing anti-gay sentiment and legislation in Russia.” In the years since, Brown and WCF have cozied up to even more high-profile leaders in the region. Hungarian Prime Minister Viktor Orban spoke at last year’s WCF conference, held in his county, and this year’s event includes Moldovan President Igor Dodon (who spoke at the 2016 conference just months before his election) and several other influential politicians and individuals. Dodon’s wife’s foundation, Din Suflet, is supporting the event.

    Brown seems to have cultivated a close working relationship with Dodon over the last few years, posting about several meetings with him on Twitter this year. Dodon is a supporter of anti-LGBTQ Russian President Vladimir Putin, who has tolerated the execution and imprisonment of LGBTQ people in Chechnya. Dodon has called him a “patriot” and campaigned on running “Moldova just the same way Putin runs Russia.”

    This year’s WCF schedule features several anti-LGBTQ and anti-choice sessions: “Against the Family - The International Networks Undermining Family and Faith,” “Human Life - The Challenges Facing the Sanctity of Life, and the Strategies to Confront Them,” “New Media - Promoting Life, Marriage and Family in the Age of Hashtag Activism,” “Motherhood - Where the Sanctity of Life, the Meaning of Marriage, and the Ideology of Gender Intersect,” and “Gender Ideology - The Latest Attack on the Family and the Legal Challenges It Poses.” In past conferences, speakers have made extreme and hateful remarks, such as Pastor Rafael Cruz, Texas Republican Sen. Ted Cruz’s father, who said in 2015 that LGBTQ people are working to legalize pedophilia. Additionally, extreme anti-LGBTQ group Alliance Defending Freedom has been listed as a WCF partner as recently as 2017 and has been active in supporting the conference for years.

    In addition to Dodon, the conference includes other notable attendees: Mizulina, a Russian politician and the architect of the country’s “gay propaganda” law; Cardinal Pietro Parolin, the Vatican secretary of state; Russian politicians Olga Epifanova and Tamara Pletneva; Moldovan politician Irina Vlah; Slovakian politician and member of the European Parliament Anna Zaborska; and several religious leaders, including Russian Orthodox Church Archpriest Dmitriy Smirnov.

    Additional research by Brianna January.

  • As Kavanaugh faces first hearings, anti-LGBTQ groups are trying to overturn protections from conversion therapy in courts

    The same anti-LGBTQ groups who have heavily endorsed Brett Kavanaugh for Supreme Court are clamouring at the possibility of overturning protections for LGBTQ people from conversion therapy

    Blog ››› ››› BRIANNA JANUARY & BRENNAN SUEN


    Melissa Joskow / Media Matters 

    As Judge Brett Kavanaugh faces confirmation hearings to become the next Supreme Court justice, the same anti-LGBTQ groups who have heavily endorsed him are also pushing cases through the courts to overturn measures protecting LGBTQ youth from conversion therapy. Conversion therapy is a harmful and discredited practice that seeks to change one’s sexual orientation or gender identity. These groups have seized on a June Supreme Court decision that may signal a shift in how the court handles communications in professional settings -- such as in therapists’ offices or clinics offering even limited health care services -- that have otherwise been regulated, claiming that those communications would be protected under the First Amendment. They argue that the decision suggests that regulating mental health professionals from subjecting LGBTQ people to a harmful practice like conversion therapy would be ruled unconstitutional because it would be imposing limits on “professional speech.” Media should consider these cases and a lack of transparency on Kavanaugh’s record on LGBTQ issues as he faces his hearing.

    Senate hearings begin for Kavanaugh’s confirmation to the Supreme Court

    Kavanaugh’s Senate confirmation hearings began on September 4 after LGBTQ advocates raised numerous concerns about how the court would rule on future LGBTQ cases if he is confirmed. There are many open questions about his record on LGBTQ issues, including his involvement with debates around “same-sex marriage, non-discrimination protections, and Don’t Ask, Don’t Tell” during his time as President George W. Bush’s White House staff secretary. Senate Republicans had long blocked access to records from Kavanaugh’s time as staff secretary, and LGBTQ legal organization Lambda Legal filed Freedom of Information Act requests for documents from that time to determine what role he played in anti-LGBTQ initiatives that the Bush White House supported. Just hours before hearings began, Bush's former lawyer "turned over 42,000 pages of documents from the nominee's service in the Bush White House," and Senate Democrats in turn asked to adjourn the hearing.

    Kavanaugh has also highly praised late anti-LGBTQ Supreme Court Justice Antonin Scalia and called him a “role model” and “judicial hero.” Kavanaugh said that Scalia’s dissent in Obergefell v. Hodges, in which he decried the ruling that brought marriage equality to the entire country, demonstrated a judicial philosophy that the courts had “no legitimate role … in creating new rights not spelled out in the Constitution.” Additionally, extreme anti-LGBTQ groups have united behind Kavanaugh’s nomination and are calling for him to be confirmed. These groups have called him an "outstanding pick" and said he would "be strong on [their] issues."

    2018 has been a historic year for efforts protecting LGBTQ youth from conversion therapy

    Advocates working to protect LGBTQ youth from conversion therapy have made history this year by “recalling” the dangerous and discredited practice and working to pass protections at the state and municipal levels at a record-breaking pace. This year alone, five states -- Delaware, Hawaii, Maryland, New Hampshire, and Washington -- have signed protections from conversion therapy into law. That means 14 states, Washington, D.C., and dozens of municipalities across the country now have laws and policies protecting LGBTQ youth from the practice. What’s more, these protections have bipartisan support, and governors from both sides of the aisle have signed conversion therapy bills.

    But according to the Williams Institute, conversion therapy still remains prevalent throughout the country. In a groundbreaking January report, it estimated that 20,000 LGBTQ youth would “receive conversion therapy from a licensed health care professional before they reach the age of 18” in the 41 states that at the time did not protect youth from the practice. Furthermore, the report estimated that approximately 698,000 adults in the United States have undergone conversion therapy, including around 350,000 who underwent the practice before turning 18 years old.

    Anti-LGBTQ groups who support conversion therapy are encouraged by recent Supreme Court ruling in case regarding anti-abortion pregnancy centers

    On June 26, the Supreme Court decided NIFLA v. Becerra, a case involving a California law called the Reproductive Freedom, Accountability, Comprehensive Care and Transparency (FACT) Act. The law requires anti-abortion fake health centers to post a certain type of notice, depending on whether the center is licensed by the state. Licensed clinics are required to post a notice informing clients that California provides low-cost or free reproductive health care. Unlicensed clinics are required to post a notice informing people that they were not a licensed medical facility. As BuzzFeed News reported, “The court held in a 5–4 majority opinion written by Justice Clarence Thomas that the notice required of licensed clinics under the law ‘likely violates’ the First Amendment, but the notice required of unlicensed clinics ‘unduly burdens speech’ and is unconstitutional.”

    Alliance Defending Freedom (ADF), an influential and extreme anti-LGBTQ group working to undermine LGBTQ equality in all aspects of life, represented clients in NIFLA. The group also represented a Christian baker who refused service to a gay couple in another Supreme Court case this year, Masterpiece Cakeshop v. Colorado Civil Rights Commission; the case saw a narrow ruling in favor of the baker and “left open the larger question of whether a business can discriminate against gay men and lesbians based on rights protected by the First Amendment.”

    ADF and other anti-LGBTQ groups welcomed the NIFLA ruling, and some claimed that it signaled a shift in how the courts would treat “professional speech” under the First Amendment, including how it would treat protections from conversion therapy. The Atlantic’s Emma Green described “professional speech” as “a somewhat fuzzy legal category that allows states to require doctors and lawyers to disclose medical or ethical facts, for example.” In other words, in NIFLA and potentially other cases involving communications in medical and other regulated fields, the courts are weighing whether those communications are protected under the First Amendment even though these fields are typically regulated and patients and other people seeking medical advice could be put at risk if they receive inaccurate information.

    According to Christian conservative outlet CBN News, Mat Staver, chairman of extreme anti-LGBTQ group Liberty Counsel, declared the ruling a "prize" for his and other anti-LGBTQ groups’ advocacy against a shelved bill in California (AB 2934) that would have categorized conversion therapy as fraud. Staver said that the bill, if passed, would have been dead on arrival because of the NIFLA ruling and that sexual orientation change efforts (SOCE) “cases are going to be a thing of the past." Liberty Counsel had been preparing to file a lawsuit againt the bill had it passed. ADF senior counsel Matt Sharp came to a similar conclusion and predicted that the ruling would “strongly call into question the foundation of AB2943.” Pro-conversion therapy group Alliance for Therapeutic Choice and Scientific Integrity (ATCSI) responded to the NIFLA ruling in an email blast, saying it and other recent decisions “have opened the door for overturning the therapy ban laws that have been passed over the past five years” and that it was “seeking to reopen” two of its previous challenges to conversion therapy laws alongside Liberty Counsel. Additionally, Family Research Council’s (FRC) Peter Sprigg wrote:

    Like NIFLA in the pregnancy center context, defenders of the right to seek counseling to overcome unwanted same-sex attractions (and of the right to offer such counseling) have argued that free speech also protects their activities. In challenges to laws banning sexual orientation change efforts (SOCE) with minors by licensed mental health providers in California and New Jersey, they argued that such laws in effect limit what a counselor or therapist may say to a client in the privacy of his or her office, and thus infringe upon the free speech of the caregiver.

    By affirming that “professional speech” is protected by the First Amendment, the Supreme Court has cast serious doubt on the constitutionality of bans on sexual orientation change efforts.

    Conservative state-level advocacy groups affiliated with extreme national anti-LGBTQ groups are also enthusiastic for the NIFLA ruling’s potential impact on conversion therapy cases. For instance, the Pennsylvania Family Institute and the Massachusetts Family Institute (MFI) -- both affiliates of the Family Policy Alliance -- claimed the ruling could indicate that the high court could find protections from conversion therapy unconstitutional. (Family Policy Alliance is a partner of anti-LGBTQ group Focus on the Family that also works with ADF and FRC.) Similarly, the Illinois Family Institute announced that it is considering challenging the state’s protections against conversion therapy in light of the Supreme Court’s NIFLA’ ruling.

    These groups are already challenging protections from conversion therapy in the courts

    National anti-LGBTQ groups like ADF and Liberty Counsel have a long history of supporting and advocating for conversion therapy, and they are actively working to undermine protections from conversion therapy in courts and state legislatures across the country.

    In June, Liberty Counsel filed a lawsuit on behalf of conversion therapy practitioners Dr. Robert Otto and Dr. Julie Hamilton against Boca Raton and Palm Beach County in Florida for their measures protecting LGBTQ youth from conversion therapy. In a press release about the suit, the group framed the issue as a matter of protecting “the speech of licensed professionals in the city and county who offer change counseling” and as a First Amendment violation, similar to the messaging around NIFLA’s impact on protections from conversion therapy. Liberty Counsel is also representing out-of-state conversion therapy practitioner Dr. David Pickup, among others, in a separate lawsuit against conversion therapy protections in Tampa, FL. Local news outlets have given platforms to Hamilton and Pickup to spread misinformation about conversion therapy. And before the Massachusetts legislature failed to get its bill on the governor's desk this year, MFI President Andrew Beckwith said that his group was "already working with attorneys at Liberty Counsel and Alliance Defending Freedom to challenge this bill should it become law" before asserting that the NIFLA decision "undermines the legal basis upon which" protections from conversion therapy rely.

    These challenges aren’t new or unique for the group; Liberty Counsel has worked to overturn efforts to protect LGBTQ youth from conversion therapy for years, including failed attempts to challenge measures in New Jersey and California. According to ATCSI, the group is “seeking to reopen” those cases “and to challenge the laws passed in every state where ‘therapy ban’ legislation has be (sic) enacted.” Liberty Counsel's Staver even went on an anti-LGBTQ rant before a House subcommittee in which he called California and New Jersey laws prohibiting the practice “religious discrimination” and “one of the greatest assaults on children and families that has arisen in recent times.”

    The Supreme Court has previously turned away multiple challenges to laws protecting LGBTQ youth from conversion therapy, but it could take up a case in the future given the recent ruling in NIFLA and new justices sitting or potentially sitting on the court. Following the NIFLA ruling, journalists have already speculated that the Supreme Court could take up a conversion therapy case in the future. While it is unclear how Justice Kavanaugh would side on a case about protections from conversion therapy, it is clear that the same extreme anti-LGBTQ groups challenging those measures in court are clamouring for his confirmation. These groups have claimed that Kavanaugh will defend their issues as a Supreme Court justice, and conversion therapy very much could be one of those issues that Kavanaugh has a chance to defend.

  • Politico published an article saying a man’s death from AIDS was the result of a "decadent homosexual lifestyle"

    The language has since been removed after being "deemed insensitive"

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    In a piece about disgraced late U.S. Sen. Joseph McCarthy (R-WI), Politico senior staff writer Michael Kruse made a since-removed anti-gay remark about McCarthy-ally Roy Cohn, saying that Cohn’s death from AIDS was “the result of the decadent homosexual lifestyle he denied to the end.” The piece has since been edited to remove that language, saying it was "deemed insensitive."

    Kruse wrote his report in response to a August 19 tweet by President Donald Trump, which read, in part, “Study the late Joseph McCarthy.” The piece detailed the rise and fall of McCarthy, who “earned lasting disgrace for his public shaming of supposed Communists,” as well as the impact his adviser Cohn had on the senator. The report also noted that Cohn represented “Trump and his father when the Department of Justice sued them in 1973 for racial bias in the rentals of their outer-borough apartments.” Remarking on Cohn’s death, however, Kruse included an unnecessary and homophobic comment, writing, “He died from AIDS, the result of the decadent homosexual lifestyle he denied to the end”:

    The piece has since been edited to read that Cohn “died from AIDS as a man who denied to the end that he was gay,” and an editor's note has been added indicating that "an earlier version of this story contained language about Roy Cohn that was deemed insensitive and has been removed." Initially after receiving criticism on Twitter, Kruse did not apologize but said that he “should have thought harder about these echoes and connotations” and suggested that “a simple ‘promiscuity’ probably would’ve sufficed.” But suggesting that HIV/AIDS is a consequence of being gay, or even promiscuous, is disparaging and damaging to the LGBTQ community. For years, extreme anti-LGBTQ groups like Alliance Defending Freedom and Liberty Counsel have employed similar messaging, and the Public Religion Research Institute found that in 2013, “14 percent of Americans believed AIDS might be punishment from God” for “immoral sexual behavior.”

    In fact, much of the Reagan administration’s chilling lack of response to the HIV/AIDS epidemic can be attributed to its designation as a “gay plague,” something senior Reagan staff and members of the media laughed about in 1982 after “nearly 1,000 people had died from AIDS,” according to Vox’s German Lopez. The Washington Post’s Caitlin Gibson noted similar responses in subsequent years:

    At subsequent press conferences in 1983 and 1984, [Reagan administration press secretary Larry] Speakes — and the White House press corps — continue to respond to [reporter Lester] Kinsolving’s increasingly urgent questions about AIDS with a mix of laughter, homophobic jokes and general indifference.

    Gibson wrote that the first time Reagan “addressed the epidemic in earnest” was in 1987, after “nearly 23,000 people had died of the disease,” and even as his administration began to confront the crisis, he continued to suggest “that its spread might be slowed by ethical behavior.”

    The LGBTQ community, and in particular queer and trans black communities, are disproportionately impacted by HIV, which is treatable and preventable (though many barriers remain to access and patient retention). To glibly suggest that a man’s death from AIDS in 1986 was his fault, or the result of a “decadent homosexual lifestyle,” is to demean the lost lives of hundreds of thousands of LGBTQ people. And as we saw in the Reagan administration’s response to the epidemic, that sentiment quite literally killed people. Comments such as Kruse’s necessitate more than just an edit; they demand an apology.

    Click here to find free HIV testing near you.

  • Justice Department’s new “Religious Liberty Task Force” highlights the agency's troubling ties to Alliance Defending Freedom

    Alliance Defending Freedom is one of the most powerful and extreme anti-LGBTQ groups in the country

    Blog ››› ››› BRENNAN SUEN


    Sarah Wasko / Media Matters

    Attorney General Jeff Sessions announced the creation of a Department of Justice (DOJ) task force to enforce “religious liberty” rules that make it easier to discriminate against the LGBTQ community and others under the guise of “religious freedom." Such discrimination is a major part of the mission of anti-LGBTQ legal powerhouse Alliance Defending Freedom (ADF), and the announcement was followed by a panel that included a major ADF client and was moderated by an ADF staff alumna. Coupled with ADF's involvement in the announcement, the new task force demonstrates the influence of the group's extreme anti-LGBTQ views on the administration.

    On July 30, Sessions launched a new “Religious Liberty Task Force” that would enforce discriminatory religious exemptions guidance that the DOJ released in October 2017. (Sessions had worked with ADF on the guidance before its release.) Religious exemptions policies, such as those the DOJ released, allow people and businesses to be exempt from nondiscrimination laws and policies by citing a burden on their religious beliefs. People have frequently used the exemptions to discriminate against the LGBTQ community and others.

    ADF was one of the first to break the news of the July 30 “Religious Liberty Summit” in which the task force was announced, noting that the event would feature a panel including the group’s client Jack Phillips, a Christian baker who refused to bake a wedding cake for a gay couple and who took his case to the Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commision. ADF’s news release, however, did not mention that the panel’s moderator, DOJ media affairs specialist Kerri Kupec, worked at ADF for four years before joining DOJ in January. During his remarks, Sessions said that the DOJ had “been holding listening sessions” with “religious groups across America,” which ADF has acknowledged it has been involved with in the past. Extreme anti-LGBTQ group Liberty Counsel has already praised the announcement of the task force.

    The Trump-Pence administration has shown a coziness with extreme anti-LGBTQ groups and with ADF, in particular. Sessions’ DOJ issued an unusual brief on behalf of Phillips before oral arguments in Masterpiece Cakeshop, and ADF alumni and allies have been hired by various agencies and nominated for federal judgeships. As Media Matters’ recently released research book details, ADF holds dozens of extreme anti-LGBTQ positions on nearly every every aspect of life, including supporting laws that would punish sodomy by imprisonment, writing in favor of Russia’s so-called “gay propaganda” law, and advocating against efforts to protect LGBTQ youth from the harmful and discredited practice of conversion therapy. The group is in many ways the most influential group working to roll back LGBTQ equality in the country, frequently targeting basic protections for transgender students and pushing religious exemptions policies.

    The “Religious Liberty Task Force” is yet another example of a cabinet-level agency devoting significant resources to make it easier to discriminate against LGBTQ people. In January, the Department of Health and Human Services (HHS) announced a new division to enforce laws protecting “health care workers who express religious objections to performing abortions and certain other procedures,” including providing medical services to transgender and other LGBTQ people. ADF had previously called on HHS to rescind several LGBTQ-inclusive protections it categorized as infringing on the “religious freedom” of religious organizations and other medical providers, and it praised the division’s creation. When groups like ADF have a seat at the table with the upper echelons of our federal government, discriminatory policies such as these come as no surprise.

    To learn more about the anti-LGBTQ positions of ADF, check out Media Matters’ interactive research book, “The extremism of anti-LGBTQ powerhouse Alliance Defending Freedom.”