Ryan Anderson | Media Matters for America

Ryan Anderson

Tags ››› Ryan Anderson
  • Right-wing media and think tanks are aligning with fake feminists who dehumanize trans people

    TERFs use feminist vocabulary but are aligned with national anti-LGBTQ groups

    Blog ››› ››› MADELINE PELTZ


    Melissa Joskow / Media Matters

    Tucker Carlson recently hosted Julia Beck, a “trans-exclusionary radical feminist,” or “TERF,” in a segment promoting the illusion that there is an important divide over the importance of transgender rights within the LGBTQ community.

    Beck and other TERFs claim to be feminists, but they hold vehemently anti-trans views and are widely rejected by LGBTQ advocates and organizations. In fact, TERF groups and activists have joined with right-wing, anti-LGBTQ organizations around the country in lawsuits against trans rights.

    Beck's appearance on Fox was just the latest example of right-wing figures and groups promoting TERFs, who use feminist vocabulary to disguise their anti-trans bigotry.

    TERFs have appeared on right-wing media and at right-wing events

    Beck appeared on the February 12 edition of Tucker Carlson Tonight to discuss her recent removal from Baltimore’s LGBTQ commission for her anti-trans views. During the segment, Beck, who is a lesbian, said, “Women have been speaking out about this for decades, but we have been effectively silenced. Many women like myself have been pushed out … simply because we acknowledge biological reality.” She also claimed that transgender identities are “opposed to biological reality,” said she doesn’t “think it’s fair to lump us all into the same acronym,” and pushed the thoroughly debunked myth that trans-inclusive policies threaten the safety of women and girls.

    Beck has also appeared at the anti-LGBTQ Heritage Foundation as part of a panel of people labeled as being “from the Left” who oppose the Equality Act, a bill that would add “gender identity” and “sexual orientation” to existing nondiscrimination laws. The January event was moderated by Ryan T. Anderson, an anti-LGBTQ activist who has previously hosted other TERF activists at the Heritage Foundation to attack trans-inclusive legislation.

    On the panel, Beck said, “There are only three sexualities -- homosexual, heterosexual, bisexual; all the hip new identities in the alphabet soup like nonbinary, gender-fluid, [and] pansexual are not actually sexualities. Neither is transgender.” She added that the “T” in LGBTQ is “diametrically opposed to the first three letters” and claimed that transgender identities “undermine and erase homosexuals.” She also said the definition of a woman is limited to an “adult human female,” echoing a rallying cry of the U.K.-based TERF movement.

    Beck spoke on the panel alongside Kara Dansky, a leader of the TERF group Women’s Liberation Front (WoLF) who has also appeared on Tucker Carlson Tonight. During her 2017 interview, Dansky said, “We're called transphobic bigots because we ask questions about gender identity. We're asking questions and we're standing up for women and girls.”

    Another TERF activist has recently leveraged her anti-trans beliefs into a flood of sympathetic coverage from right-wing outlets.

    Meghan Murphy, who founded the pro-TERF blog Feminist Current, is suing Twitter after she was banned from the platform for intentionally misgendering and deadnaming a transgender person. Deadnaming is the act of calling a transgender person by the name given to them at birth that they no longer use and that does not align with their gender identity, and it is a violation of Twitter’s new hateful conduct policy. Right-wing media rushed to cover Murphy’s lawsuit after she posted a YouTube video about the ban, leading to favorable coverage from Quillette, The Federalist, National Review, The Daily Wire, Townhall, The Spectator, LifeSiteNews, the Washington Examiner, and The Daily Caller.

    Right-wing media suggest TERFs are liberals; in fact, they’re aligned with extreme right groups

    Right-wing outlets seized on Murphy’s self-identification as a “feminist” as evidence that anti-trans reactionaries do not solely come from the far-right. On his Fox show, Carlson similarly identified Beck as a feminist and claimed that WoLF leader Dansky is a “radical feminist” and “not on the right at all.” And during their appearance together on the Heritage Foundation panel, which was titled “The Inequality of the Equality Act: Concerns from the Left,” Beck expressed her surprise at participating in an event hosted by a conservative think tank.

    TERFs’ embrace of supposedly feminist aesthetics and rhetoric can make it more difficult for media consumers to identify what they really stand for, and right-wing media take advantage of this confusion to push the illusion that activists “on the Left” share their anti-trans agenda. But TERFs are distinctly on the side of right-wing groups, and they have even allied with the efforts of national anti-LGBTQ groups to oppose trans rights in the judicial system.

    In 2016, WoLF sued the Obama administration after it issued guidance to public schools regarding transgender students’ access to bathrooms that correspond with their gender identity. In the suit, WoLF alleged that these accommodations would lead to “indecent exposure” and “voyeurism” -- a claim that has been repeatedly and thoroughly debunked. In reality, transgender people are more likely to be victims of harassment, assault, and discrimination in bathrooms than to be perpetrators of such crimes.

    In G.G. v. Gloucester County School Board, WoLF submitted an amicus brief filed jointly with the Family Policy Alliance, a national anti-LGBTQ group with an alliance of state groups that work to deny LGBTQ people their civil rights. The brief argued against extending Title IX protections -- which “protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance” -- to include gender identity. WoLF’s brief was submitted in support of a school district that refused to accommodate the needs of a transgender student.

    WoLF also filed a brief in the Doe v. Boyertown Area School District case in support of a client of the extreme anti-LGBTQ group Alliance Defending Freedom, who sued his school district for allowing transgender boys to use the same restrooms and locker rooms as him.

    Another coalition, called Hands Across the Aisle, which includes TERFs as well as conservative Christians, has also been actively supporting anti-LGBTQ groups in their legal actions against transgender civil rights. Like WoLF, the group filed an amicus brief in the Boyertown case supporting ADF’s efforts to roll back protections for transgender students.

    Hands Across the Aisle also wrote a 2017 letter to Housing and Urban Development Secretary Ben Carson urging him to rescind protections implemented by the Obama administration in 2016 for transgender people seeking assistance in homeless shelters. The letter was signed by dozens of leaders of various anti-LGBTQ groups such as the Family Policy Alliance, Concerned Women for America, and the Texas Eagle Forum. (A prominent member of Hands Across the Aisle, Meg Kilgannon, was recently interviewed on Fox’s The Ingraham Angle about the group’s opposition to transgender athletes.)

    One prominent TERF has also connected with extremist movements overseas to support reactionary movements seemingly unrelated to her anti-trans agenda. Kellie-Jay Minshull, who goes by Posie Parker, recently traveled to Norway for a conference where she posed with far-right Hungarian politician, Holocaust denier, and Islamophobe Hans Lysglimt Johansen.

    Additionally, Parker has repeatedly expressed support for far-right anti-Muslim activist Stephen Yaxley-Lennon, also known as Tommy Robinson. Robinson, another former Tucker Carlson Tonight guest, has also expressed anti-trans views in a video for far-right media outlet The Rebel.

    Right-wing media misleadingly suggest TERFs demonstrate a division within the LGBTQ community

    The idea that TERFs are liberal feminists -- bolstered by right-wing media -- helps create the illusion of a growing division within the LGBTQ community over transgender civil rights. In reality, mainstream LGBTQ rights organizations support and campaign for transgender civil rights, and lesbian institutions such as the Dyke March explicitly champion issues impacting transgender and gender-nonconforming people while also preserving pride events as a form of radical protest. Civil liberties advocates have also taken on the Trump administration’s anti-trans agenda and sued on behalf of transgender people for their right to access public accommodations. There is no such “divide” among mainstream feminists and LGBTQ advocates regarding the inclusion of transgender people in the queer community, as TERFs would like us to believe.

    In a piece about U.S. TERFs for Bitch Media,Tina Vasquez wrote that the debate over transgender rights “is not just feminist-theory inside baseball. Though outspoken, politically active trans-exclusionary radical feminists are relatively few in number, their influence on legislation and mainstream perceptions of transgender people is powerful and real.”

    Right-wing media figures like Carlson -- who has time and again demonstrated his intimate familiarity with extremist movements and a willingness to champion their causes -- are pushing a larger agenda that is anti-transgender, which includes denying trans people health care, expelling them from the military, and legally undermining their existence. And along the way, they’ll undoubtedly continue to uplift TERFs’ viewpoints under the guise of progressive feminism. But other media outlets and media consumers should be aware that nothing could be further from the truth; without transgender people leading the way, LGBTQ liberation cannot take place.

  • Anti-LGBTQ attacks against high-profile queer Americans should be a wake-up call to everyone

    The community has been struggling with increasing violence for years, and two recent attacks show that none of us is safe

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    Editor’s note (2/21): Following the publication of this post, Smollett was arrested on February 21 by Chicago police “on suspicion of filing a false report about” the alleged assault.

    The threat of violence and harassment is nothing new for those in the LGBTQ community, particularly those who are trans or people of color. We know that our safety is at risk when we hold hands in public; queer sex workers know they risk their lives just by going to work; trans women of color know that they could be killed at any time just for existing in public. The list goes on. But after two reports of high-profile queer people being beaten or harassed for their identities in the past week, it seems like everyone else might finally be waking up to the reality that their LGBTQ friends and family are simply not safe.

    In the early hours of January 29, two people reportedly physically attacked Empire actor Jussie Smollett -- a gay Black man -- while “yelling out racial and homophobic slurs towards him,” according to police. And on January 30, anti-trans so-called “feminists” barged into a meeting and recorded themselves repeatedly harassing and misgendering high-profile trans activist and author Sarah McBride, the national press secretary for the Human Rights Campaign (HRC).

    Smollett’s attack has been significantly covered in news media, and rightly so. But there is also Candice Elease Pinky, the Black trans woman who was shot in a Texas gas station parking lot on January 24, and Dana Martin, the first reported trans woman to be killed in the United States in 2019. According to HRC, there were “at least 26 transgender people fatally shot or killed by other violent means” in 2018. And in 2017, there were “a total of 52 reported anti-LGBTQ homicides,” according to a report by the National Coalition of Anti-Violence Programs (NCAVP); that number reflected a staggering 86 percent increase in single-incident reports from the previous year. This violence is most frequently targeted toward trans women of color, but even homicides of queer cisgender men went up from four to 20 between 2016 and 2017 -- a fivefold increase.

    But many Americans who are LGBTQ allies had no idea. In 2018, Media Matters published a yearlong study of TV news coverage of those 52 homicides in 2017, and what we found shows why Smollett’s attack may have been such a wake-up call for so many: The media was barely touching these stories. Throughout a year of coverage, seven networks discussed anti-LGBTQ violence for less than 40 minutes total -- and a quarter of that discussion came from Fox News, which regularly traffics in anti-LGBTQ animus.

    And it’s not just physical violence that we should be talking about. The majority of LGBTQ Americans, like McBride, “have experienced some form of harassment or discrimination due to their sexual orientation or gender identity.” A 2017 Harvard study put numbers to it:

    Regarding individual forms of discrimination, a majority of all LGBTQ people have experienced slurs (57%) and insensitive or offensive comments (53%) about their sexual orientation or gender identity. A majority of LGBTQ people say that they or an LGBTQ friend or family member have been threatened or non-sexually harassed (57%), been sexually harassed (51%), or experienced violence (51%) because of their sexuality or gender identity.

    During Smollett’s attack, the assailants reportedly yelled, “This is MAGA country.” This sentiment should not be a surprise; it has come straight from the top. President Donald Trump has regularly used his office as a platform to bully and demean others, and his followers have become emboldened. Bullying is increasing; right-wing extremists are circulating liberals’ private information “to encourage harassment or violence”; and right-wing terrorism remains the biggest national security threat. All this while, as trans advocate Brynn Tannehill explained, right-wing media have been inciting violence against transgender people by demonizing them as a threat to women and children as well as U.S. national security, even sometimes hinting that violence is "an appropriate response to encountering transgender people in public."

    But there is another group of people who claim to be liberal and feminist yet also pose a direct threat to the LGBTQ community. “Trans-exclusionary radical feminists,” also known as TERFs, are anti-trans activists who claim that transgender people threaten the safety of cis women, and they are behind the targeted harassment and misgendering of Sarah McBride.

    TERFs have worked for years to dehumanize transgender people and to exclude trans women from female spaces and the broader movement for women’s equality, and they have increasingly cozied up to the right to do so. On January 28, just days before two TERFs harassed McBride on video, the right-wing Heritage Foundation hosted a panel of anti-trans activists “from the Left” to argue against a bill that aims to include “sexual orientation” and “gender identity” in current nondiscrimination laws. Introducing the panel, vehemently anti-trans researcher Ryan T. Anderson made it clear that combating trans equality is a value the right shares with TERFs, and they are willing to work together despite their differences on other issues. Heron Greenesmith, researcher at the think tank Political Research Associates, described the alliance between the right and TERFs to NBC News:

    “They are capitalizing on a scarcity mindset rhetoric … saying there aren’t enough rights to go around, and therefore we must prioritize cis women over everyone else,” Greenesmith said, referring to nontransgender women. “That’s right out of the right’s playbook, when they say, ‘Let’s prioritize citizens over noncitizens, let’s prioritize white people over people of color.’”

    Anti-trans harassment is another piece of the right-wing playbook that TERFs have capitalized on. The two TERFs who interrupted McBride during a private meeting -- Posie Parker and Julia Long, who identifies as a lesbian -- repeatedly misgendered her on video, describing her as “male,” and pushed myths about trans-inclusive facilities being a safety risk for cisgender women. According to PinkNews’ report, Parker had also been at the Heritage Foundation just days before its panel, though she denied involvement with the January 28 event.

    The attacks on Smollett and McBride should serve as a wake-up call for the rest of the country. Black queer folk, transgender people, queer immigrants, and those at the intersections of these identities have been living with this fear and pain for years, and it has shown no sign of getting better. The right has been emboldened to enact violence and harassment against the LGBTQ community, and it is actively trying to fracture our community by teaming up with TERFs. In fact, this alliance has given this strategy a name: “divide and conquer.” One anti-trans activist said, “If you separate the T from the alphabet soup, we’ll have more success.”

    But we will not be fooled, and we will not be divided. Queer equality and liberation are nothing if they are not intersectional. As the last week has shown, if one of the community’s most beloved actors can’t walk home without experiencing racist and homophobic violence, and one of our most effective advocates can’t go to work without being targeted for harassment, then none of us is safe.

  • Anti-trans activists “from the Left” joined right-wing Heritage Foundation to rail against trans people

    Trans-exclusionary radical feminists, or TERFs, use a veneer of progressivism and feminism to advocate against trans equality

    Blog ››› ››› BRIANNA JANUARY


    Media Matters / Melissa Joskow

    On January 28, the vehemently anti-LGBTQ advocate Ryan T. Anderson hosted a panel attacking the Equality Act, a bill that would add “gender identity” and “sexual orientation” to existing nondiscrimination laws, and the talk featured several “trans-exclusionary radical feminists,” or TERFs. TERFs claim trans identities threaten women’s safety and equality and actively work to deny their existence and rights. During the event, the panelists, who were identified as "from the Left," demeaned transgender people and used anti-trans language, with one saying, “It’s not a fucking ‘she’” in reference to transgender women.

    The event was held at the Heritage Foundation, a conservative think tank that has railed against LGBTQ equality for decades. The New York Times has written that the group is “stocking Trump’s government,” including by recommending “some of the most prominent members of Trump’s cabinet.” Anderson, a senior research fellow, is one of the group’s most vocal anti-LGBTQ figures. He wrote an entire book dedicated to denying trans identities and reportedly helped craft the Trump-Pence trans military ban.

    TERFs, who often refer to themselves as “gender-critical” or “radical feminists,” are anti-trans activists who are becoming increasingly visible. They have historically opposed trans-inclusive measures and denied trans identities. In 2018, TERF groups throughout the United Kingdom lobbied against improving the country’s Gender Recognition Act of 2004, a “piece of legislation regulating how trans people can legally change [their] genders” that currently “requires trans people to jump through numerous hoops to ‘prove’ that” they are trans. TERFs have cited the thoroughly debunked myth that allowing trans people, in particular trans women, to access restrooms and other facilities that align with their gender identity poses a threat to women’s safety.

    The Heritage Foundation panel identified its panelists as people “from the Left” who disagree with the Equality Act. One panelist, Hacsi Horvath, an adjunct lecturer at the University of California, San Francisco, says he formerly identified as transgender. His work also appears on 4thwavenow, an anti-trans online community that was critical in the creation and spread of the flawed concept of rapid-onset gender dysphoria (ROGD). The theory posits that trans teens are coming out as such due to “social contagion,” but it relies on a study with a shoddy methodology that is under review by the academic journal that published it. Though all the Heritage panelists advocated against accepting trans identities -- and some even referred to the Gender Recognition Act as the “Women Erasure Act” -- Horvath made some of the most extreme anti-trans statements throughout the event.

    From the January 28 Heritage Foundation panel “The Inequality of The Equality Act: Concerns from the Left”:

    HACSI HORVATH (PANELIST): We have to get this gender identity out of the Equa -- the Women Erasure Act. But also, … I don’t play along. I don’t say “trans woman.” I don’t say “she, her.” I don’t care if it hurts their feelings. This is reality, and it gaslights everybody else if we have to -- it gaslights yourself. And you begin to internalize it, like, “OK, she” -- it’s not a fucking “she” -- sorry. I can’t help it. It’s -- just say it in reality, English language, what is happening here, and don’t play along with it. So, I just don’t play along. I won’t.

    The act of misgendering -- which LGBTQ-inclusive education advocacy organization GLSEN defines as “the experience of being labeled by others as a gender other than one that a person identifies with” -- is considered harassment, and it stigmatizes trans people, lowers their self-esteem, and erases and invalidates their identities.

    Horvath also parroted 4thwavenow’s messaging on ROGD, calling it a “mass craze” and saying trans identities are “the new eating disorder” or “the new goth.”

    Julia Beck, another panelist at the Heritage event, was removed from Baltimore’s LGBTQ Commission in 2018 after other members became aware of her anti-trans animus. Two other panelists, Kara Dansky and Jennifer Chavez, are board members of the TERF organization Women’s Liberation Front (WoLF), which has teamed up with extreme anti-LGBTQ group Alliance Defending Freedom (ADF) in an ongoing court case that seeks to dismantle a trans-inclusive policy at a Pennsylvania high school.

    The Heritage Foundation’s panel is just one example of the growing alliance between TERFs and conservative groups. Along with TERF group WoLF siding with ADF on its anti-trans court case in Pennsylvania, TERF groups in Massachusetts joined with the anti-LGBTQ Keep MA Safe campaign to support its anti-trans referendum to overturn to state’s comprehensive nondiscrimination protections, which ultimately and resoundingly failed in the voting booths. And TERF groups in Canada joined conservatives in testifying against that country’s trans-inclusive nondiscrimination law. TERFs often identify with the left, and even though some identify as queer, they have made it clear that they are willing to take part in conservatives’ “divide and conquer” strategy to attempt to fracture the LGBTQ movement and erode trans equality.

  • 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.