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  • Anti-LGBTQ powerhouse Alliance Defending Freedom had more than 100 allies in influential government positions in 2018

    ADF allies had positions of influence in Congress, federal agencies, state and federal courts, city and state governments, and local school boards — and we only know a fraction of its network

    Blog ››› ››› KAYLA GOGARTY


    Melissa Joskow / Media Matters

    This is the second part of a two-part investigation into ADF's network of allies in the government. Read the first part here and click here for Media Matters’ database of more than 100 ADF allied attorneys, Blackstone Legal Fellows, and current and former staff who held a government position in 2018.

    In 2018, extreme anti-LGBTQ group Alliance Defending Freedom (ADF) had allies in more than 100 positions throughout local, state, and federal government, according to a Media Matters analysis of a fraction of its network of thousands of lawyers.

    ADF allies in government have positions in multiple federal agencies, the U.S. Congress, state legislatures, school boards, city councils, and even federal courts. For years, ADF said it would work to “reclaim our nation’s judicial system” and advance its right-wing, anti-LGBTQ legal agenda through its staff and allies, including a vast allied attorney network, its Blackstone Legal Fellowship, and other training programs for conservative Christians interested or working in the legal profession.

    ADF has a troubling lack of transparency about its network of attorneys, which is particularly concerning given that so many of its allies hold influential positions in the government. To shed some light on ADF’s government influence, Media Matters has identified over 100 former ADF employees, allied attorneys, or participants in its Blackstone Legal Fellowship who held government positions in 2018. They likely represent only a fraction of the total number, as ADF claims to have thousands of allies in its networks whose associations with the group are difficult or impossible to track down.

    Media Matters determined each individual’s ADF affiliation based on news reporting, ADF’s website and press releases, archived ADF newsletters, self-reporting on LinkedIn or in professional bios, university materials and pamphlets, and other publicly available sources. This research also benefited from the Rewire.News database of over 100 ADF Blackstone Legal Fellowship alumni. Media Matters has previously identified over 50 ADF alumni who served as government officials in 2017, and in February, we reported nearly 300 allied attorneys that ADF identified in dozens of press releases and other posts on its website.

    ADF has allies working in state or local government positions in more than 25 different states and across the federal government, including the judiciary. Below is a selection of notable ADF allies from our database who hold several types of positions in government.

    ADF allies in federal agencies

    The Trump-Pence administration has enacted many of its worst anti-LGBTQ policies through federal agencies. For example, the Department of Health and Human Services has implemented policies making it easier for health care workers to refuse care to LGBTQ people based on religious beliefs; the Department of Defense has barred transgender service members from serving; and the Department of Education has rolled back guidance protecting transgender students, just to name a few. All of these departments employ ADF allies who may be able to affect and interpret LGBTQ-related policy changes.

    Several ADF allies have notable positions in federal agencies:

    • Kerri Kupec, former ADF legal counsel and director of communications, serves as director of the Office of Public Affairs at the U.S. Department of Justice, where she has defended the Trump-Pence administration’s policy of prohibiting transgender people from serving in the military. While at ADF, Kupec praised the current administration for rescinding the Obama administration’s guidance for trans-inclusive school facilities. Kupec held several positions in the DOJ Office of Public Affairs before becoming its director. She also served as a White House spokesperson helping with confirmation of Justice Brett Kavanaugh to the Supreme Court. During that time, the White House briefed ADF President Michael Farris with private information about the FBI investigation into reports that Kavanaugh had sexually assaulted professor Christine Blasey Ford while they were in high school.

    • Former ADF senior legal counsel Matt Bowman currently works as deputy general counsel for the Department of Health and Human Services, which has notably been employing prominent right-wing religious activists under the Trump-Pence administration. The department started a conscience and religious freedom division and recently finalized a “Protecting Statutory Conscience Rights in Health Care” rule, both of which make it easier for health care providers to deny services to LGBTQ people, among others. In fact, Bowman reportedly helped craft HHS regulations rolling back the Obama administration’s mandate requiring health insurance plans to cover birth control under the Affordable Care Act. While at ADF, Bowman represented the anti-abortion group March for Life in a 2014 lawsuit against the Obama-era mandate. Also during that time, Bowman wrote an op-ed arguing that the Obama administration’s LGBTQ-inclusive HHS regulations posed an “urgent threat against the rights of many Christian and pro-life institutions and individuals regarding their beliefs about the sanctity of human life and sexuality.”

    ADF allies in federal and state courts

    The Trump-Pence administration has nominated at least seven ADF allies for federal judgeships, and several federal courts include ADF allies as law clerks. ADF-affiliated judges are part of the Trump administration’s broader effort to “reshape the American judicial system” by filling the courts with conservative judges.

    Five federal judicial nominees with ties to ADF have been confirmed under the Trump-Pence administration:

    • Allison Jones Rushing was confirmed to the 4th Circuit U.S. Court of Appeals in March 2019 even after LGBTQ and civil rights groups highlighted her previous internship with ADF. In her Senate Judiciary Committee nomination questionnaire, Rushing also noted her participation in speaking engagements for ADF as recently as 2017.

    • Allied attorney Kyle Duncan on the U.S. Court of Appeals for the 5th Circuit. Prior to his judicial appointment, Duncan was involved in several LGBTQ-related cases, including “defending Louisiana’s ban on same-sex marriage” and representing a Virginia school board in its case against a transgender high school student who wanted access to facilities that aligned with his gender identity.

    • Former Blackstone fellow Joseph Toth serves on the U.S. Court of Appeals for Veterans Claims. His presence could impact LGBTQ veterans -- particularly transgender veterans who already face difficulty accessing necessary medical benefits -- now that the Trump-Pence administration has recently implemented its ban on transgender service members.

    • Allied attorney Michael Joseph Juneau serves on the U.S. District Court for the Western District of Louisiana after being confirmed in 2018.

    • Jeremy Kernodle serves as a federal judge for the U.S. District Court for the Eastern District of Texas after he was confirmed in 2018. Kernodle identified himself as an ADF allied attorney during the confirmation process but later asserted that he was not aware of his listing as an allied attorney until he began preparing for his nomination.

    The 2017 federal judicial nomination of ADF allied attorney Jeff Mateer was withdrawn after some of his extreme anti-LGBTQ comments were uncovered. He remains the first assistant attorney general in Texas. ADF allied attorney and former ADF senior counsel Thomas Marcelle is still awaiting Senate confirmation after his January re-nomination.

    Outside of federal courts, there are also at least two state Supreme Court justices with ADF connections:

    • Nels Peterson completed the Blackstone Legal Fellowship in 2002 and now serves as a Georgia Supreme Court justice after being appointed in 2017.

    • Blackstone Legal Fellow Brian Hagedorn was elected to the Wisconsin Supreme Court in April after previously serving on the state’s Court of Appeals. Hagedorn has an extensive history of anti-LGBTQ positions, such as arguing that “the idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable. There is no right in our Constitution to have sex with whoever or whatever you want in the privacy of your own home (or barn).”

    ADF allies are representatives in Congress and state legislatures

    According to Freedom for All Americans, more than 150 anti-LGBTQ bills were introduced in state legislatures in 2018. ADF has played a direct role in shaping anti-LGBTQ legislation at the state level, including creating and distributing anti-LGBTQ model policies such as its “Student Physical Privacy Policy.” In 2017, legislatures in at least eight states introduced policies resembling that model. ADF also helped write, promote, and justify a discriminatory law in Mississippi that gives religious organizations, businesses, and individuals broad license to legally discriminate against LGBTQ people.

    There were at least seven ADF-affiliated lawmakers in the U.S. Congress and state legislatures in 2018:

    • In Congress, allied attorney and former ADF lawyer Mike Johnson represents the 4th District of Louisiana in the U.S. House of Representatives. Johnson was previously a state representative and sponsored a religious exemptions bill that would have made it easier to discriminate against LGBTQ people.

    • Arizona's J.D. Mesnard is concurrently working as both a state senator and a regional director for ADF’s Church Alliance. As part of the Church Alliance, Mesnard has to agree to ADF’s statement of faith which includes rejecting transgender people, same-sex relations, and sex outside of marriage. Prior to becoming a state senator in 2019, Mesnard served as a state representative for eight years, including two years as speaker of the House. While speaker, Mesnard released a workplace harassment policy for the state House that did not include protections for LGBTQ representatives.

    • Former senior counsel and allied attorney Steve O’Ban serves as a Washington state senator, a position he has held since 2013. ADF’s website noted that his time on staff there overlapped for several years with his time as a legislator. As a state senator, O’Ban voted against a bill protecting LGBTQ youth from the harmful and discredited practice of conversion therapy. In 2016, while both serving as a state senator and working for ADF, O’Ban sued the U.S. Department of Education on behalf of a school district that did not want to implement trans-inclusive facilities. He also argued in favor of suspending the Iowa Civil Rights Act for including protections based on gender identity.

    • ADF allied attorney Matt Shea has served as Washington state representative for over a decade, and he touts his ties to ADF in both his campaign and government biographies. Shea is also a co-founder of the Washington Family Foundation, which is an anti-LGBTQ organization that later merged with the Family Policy Institute of Washington. The group is affiliated with the Family Policy Alliance and extreme anti-LGBTQ group Family Research Council. During his 2018 reelection campaign, Shea acknowledged that “he had distributed a four-page manifesto titled ‘Biblical Basis for War,’” which included violent language about people who flout “biblical law,” stating, “If they do not yield - kill all males.” It also condemned abortion and same-sex marriage. As a state representative, Shea has voted against multiple bills promoting LGBTQ equality, and he sponsored several anti-LGBTQ bills, including one defining marriage as between a man and a woman and another that would limit access for transgender people to facilities consistent with their gender identity. His extreme views expand beyond anti-LGBTQ rhetoric; Shea also has a history of working with anti-Muslim and militia groups.

    • Former Illinois state Rep. Peter Breen, Louisiana state Rep. Alan Seabaugh, and former Missouri state Rep. Kevin Corlew are some of the other state lawmakers connected to ADF.

    ADF allies are state attorneys general and solicitors general, and they are in state attorneys general offices

    The mandate of a state attorney general varies by state, but they are generally considered the state’s top legal official and “advise and represent their legislature and state agencies and act as the ‘People’s Lawyer’ for the citizens.”

    ADF has at least two allied attorneys serving as state attorneys general:

    • Alaska Attorney General Kevin Clarkson has been tied to ADF for more than two decades, attending its first training program in 1997 and ultimately providing ADF with more than 10,000 hours of pro bono service. Notably, Clarkson served as local counsel alongside ADF in an ongoing case in Alaska regarding a women’s homeless shelter that denied entry to a transgender woman. He withdrew from the case the day after being appointed to his current position. As attorney general, Clarkson has broad powers to advise the governor and represent the state in legal matters, “including the furnishing of written legal opinions to the governor, the legislature, and all state officers and departments,” which can include supporting and defending anti-LGBTQ bills. In a 2019 interview with Clarkson, ADF wrote that he "remains committed to ADF ideals" as attorney general.

    • Montana Attorney General Timothy Fox is also an ADF allied attorney. Fox worked alongside ADF as local counsel on behalf of a church that was accused of violating state election law after congregants signed petitions for an amendment to the state constitution limiting the definition of marriage between a man and woman. Fox has used his office to fight against LGBTQ rights such as same-sex marriage and trans-inclusive facilities.

    Many states appoint solicitors general to oversee “the appellate operation in state attorney general offices.” State solicitors general can oversee the “preparation of legal opinions and appellate litigation,” determine whether the state should write or join amicus briefs, and even argue before the U.S. Supreme Court on behalf of their state, as ADF ally and Montana Solicitor General Dale Schowengerdt has done.

    ADF affiliates served as solicitors general in Montana and Nevada in 2018:

    In addition to these positions, ADF affiliates also staff attorneys general offices in states across the country, including Alaska, Arizona, Montana, Nevada, and Texas. In fact, there are four ADF affiliates in both the Arizona and Texas attorneys general offices:

    • ADF allies Evan Daniels, Joseph La Rue, Angelina Nguyen, and Esther Winne all work in Arizona’s attorney general office. The office has submitted briefs in support of ADF clients Jack Phillips, Breanna Koski, and Joanna Duka in cases working to overturn LGBTQ-inclusive nondiscrimination policies.

    • ADF allies David Hacker, Heather Hacker, Jeff Mateer, and Austin Nimocks all worked in Texas’ attorney general office in 2018, though Nimocks has since left. Additionally, ADF Blackstone Fellow Ryan Bangert moved from the Missouri attorney general office to the Texas attorney general office in January 2019. The office has supported Texas’ anti-LGBTQ “bathroom bill,” which would have required transgender people in the state “to use bathrooms in public schools, government buildings and public universities” that do not align with their gender identity. It also joined 10 other states in suing the Obama administration over guidelines protecting trans students, and it filed legal briefs in support of the Trump-Pence administration’s discriminatory position against trans-inclusive bathroom policies. The office also submitted an amicus brief in support of ADF’s client Phillips alongside Arizona and several other states.

    Additional research by Brennan Suen and Rebecca Damante.

  • Alliance Defending Freedom has an extremely shady network of thousands of attorneys

    ADF’s network of allied attorneys and Blackstone Legal Fellows affects policy at all levels of government

    Blog ››› ››› KAYLA GOGARTY


    Melissa Joskow / Media Matters

    Update (5/20/19): On May 20, Media Matters published the second installment of this two-part investigation into ADF's network of allies in the government. The additional report includes a database of more than 100 ADF allied attorneys, Blackstone Legal Fellows, and current and former staff who held government positions at the local, state, and federal levels in 2018. The full database can be found here

    Extreme anti-LGBTQ group Alliance Defending Freedom (ADF) is stunningly opaque about its large network of affiliated lawyers, what positions of influence they hold, and what beliefs they must agree to in order to be officially tied to the group.

    ADF's lack of transparency is multifaceted. For one, many members in its network do not publicize their relationship with the organization. Additionally, on several occasions, ADF has claimed affiliations with individual attorneys or officials who have disputed their ties, or removed references to affiliations with individual attorneys or officials following reports that exposed those connections.

    Through its Blackstone Legal Fellowship and allied attorney program, the number of ADF affiliated lawyers could be as high as 5,000 -- and many of those attorneys also have influential positions in government, ranging from local school boards to federal agencies. This legal network is one of the key tools in ADF’s arsenal that allows it to affect policies that impact LGBTQ people across the country, but journalists and the public have very little information about it.

    ADF is one of the most powerful anti-LGBTQ groups in the country

    ADF is one of the largest and most influential anti-LGBTQ groups in the world, and it takes extreme positions on nearly every aspect of LGBTQ equality. The group has supported Russia’s so-called “gay propaganda” law, defended the discredited and dangerous practice of conversion therapy, advocated against adoption and foster care by LGBTQ people, and supported policies that ban trans people from using facilities that align with their gender identity, as well as dozens of other positions that are dangerous to LGBTQ people.

    ADF uses its revenue of more than $50 million per year to advance its mission of “advocating for religious liberty, the sanctity of life, and marriage and family” through direct litigation, grant funding for other cases, and legal training programs. Since its founding in 1994, ADF has played a role in over 50 Supreme Court decisions, including cases regarding abortion and LGBTQ issues.

    In the last few years, ADF has been involved in several high profile court cases in which it argued in favor of legal discrimination against LGBTQ people. Last June, the Supreme Court narrowly ruled in favor of ADF client Jack Phillips, a baker who refused to serve a gay couple, in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case. The Supreme Court has taken on another ADF case for its upcoming term, R.G. and G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, which could determine whether civil rights protections in employment extend to LGBTQ employees.

    ADF has influence through the large network of lawyers who have completed its Blackstone Legal Fellowship

    Outside of its own staff and litigation, ADF seeks to influence the legal landscape by providing funding and training opportunities to create a large network of lawyers sympathetic to ADF’s mission. ADF’s Blackstone Legal Fellowship has been around since 2000, and the group reports that it “has trained more than 2,100 law students from more than 225 law schools in 21 different countries.” ADF has written that the program seeks to train Christian law students “who will rise to positions of influence as legal scholars, litigators, judges, and perhaps even Supreme Court justices.”

    The Blackstone fellowship is a nine-week summer program that includes three weeks of training seminars and six weeks in legal internships, including in government entities. ADF says that “those selected to become ‘Fellows’” at the end of the program “receive ongoing training, resources, and support through an international community,” and the group boasts that its alumni “are serving on law reviews, securing clerkships, joining major firms, working in the government and nonprofit sectors, and accepting positions in academia and the judiciary.”

    ADF spends hundreds of thousands of dollars on its fellowship program; in 2019, expenses per person include $6,300 in scholarship funding, several flights, lodging, and weeks of meals for its interns. But as a result, the organization reaps the benefits of fostering a large network of potentially influential conservative lawyers at the onset of their careers. ADF has additional training programs for young legal professionals or students and recent graduates “on a path to future leadership in law, government, business, and public policy.”

    ADF also has a network of more than 3,300 allied attorneys

    In addition to its training programs for law students and new attorneys, ADF has created what it calls a “powerful global network” of over 3,300 “allied attorneys.” Attorneys in the network receive opportunities for funding, access to ADF’s legal resources, and additional training programs; in return, allied attorneys provide pro bono service to ADF, such as litigation, amicus briefs, media work, “legal services to churches & religious non-profits,” and “research assistance, legal advice, and drafting of bills for legislators, policy makers, administrative agencies, etc. relating to religious liberty, sanctity of life, and marriage & family.”

    ADF can activate these allied attorneys when it learns about LGBTQ-related events to quickly get involved in cases down to the local level. In turn, these attorneys can also alert ADF to LGBTQ-related matters in their localities and bring the force of a national group to their backyards. ADF has written that it “depends upon its network of attorneys and others to bring appropriate matters to our attention.”

    ADF notes that its allied attorneys must agree to a statement of faith as part of their application. In the past, ADF’s FAQ page about the program linked directly to an 11-point statement on its website that opposes trans identities and same-sex marriage and lumps in “homosexual behavior” and “acting upon any disagreement with one’s biological sex” with bestiality and incest as “forms of sexual immorality” that are “sinful and offensive to God.” However, after a detailed report on the program and its influence by Sarah Posner in The Nation, ADF said that allied attorneys “do not have to agree to the same statement of faith as employees” and removed links to the statement.

    ADF specifically encourages government attorneys to join the allied attorney program. On its FAQ, ADF notes that government attorneys who are “prohibited from doing private pro bono litigation” can instead provide ADF with “legal research, educational presentations, or other types of work related to Alliance Defending Freedom mission areas.”

    Between its allied attorneys and Blackstone fellows, ADF has a network of legal allies that reach across the globe and hold an unknown number of U.S. government positions.

    ADF operates with an extreme lack of transparency about its training programs and allied attorneys

    ADF is extremely opaque about its programs and has worked to keep details about them from the public, such as removing mentions of its allied attorneys’ statement of faith after The Nation’s investigation. It also does not release a comprehensive list of people who participate in its programs, and many of its participants and alumni do not publicly identify their relationship with ADF. A noncomprehensive Media Matters review of allied attorneys mentioned on ADF’s website found only 300 of its reported 3,300 members, many of whom were mentioned on pages that are now archived. Additionally, it is unclear whether allied attorneys remain counted in the network for life, or whether the 3,300 number includes former allied attorneys, some of whom could have cut their official ties with the group with no public record. The number of allied attorneys could thus be larger than the 3,300 claimed by ADF.

    Additionally, it seems that some participants in these programs are unaware of their status as allied attorneys or may have avoided publicizing it during judicial nomination processes. For example, confirmed federal Judge Jeremy Kernodle submitted answers to the U.S. Senate Committee on the Judiciary during his nomination stating that he served as an allied attorney with ADF on a 2017 case. But in a later questionnaire, he asserted that he “did not apply or request to be an ‘allied attorney’ with ADF” and first “discovered that ADF had listed [him] as an ‘allied attorney’” when he began preparing responses to the questionnaire for his nomination. Kernodle continued that he only worked with ADF on one case and was “not certain when” he first became an allied attorney.

    Another now-confirmed federal judge, Kyle Duncan, reported participating in several speaking engagements for ADF but did not report his status as an allied attorney in his nomination questionnaire or in follow-up questions to the Senate Judiciary Committee. ADF, however, previously documented his affiliation as an allied attorney while Duncan served in the Louisiana Department of Justice.

    Other reporting discrepancies further underscore the opacity surrounding ADF’s networks. Posner’s report in The Nation identified Noel Francisco, the Trump-Pence administration's solicitor general, as an ADF allied attorney, citing two different ADF press releases explicitly stating that Francisco is one of “more than 3,000 private attorneys allied with ADF.” After publication, however, ADF “contacted The Nation, claiming that Francisco has never been an allied attorney.” According to the attached editor’s note, ADF called the press releases “our mistake” and claimed that its “media dept. got it wrong.” ADF promptly rewrote its press releases but did not issue corrections on either of them.

    In another instance, Media Matters identified an attorney at a major law firm as an allied attorney based on another ADF press release, but his law firm reached out to say that was incorrect and due to a typo in the ADF press release that named him as such.

    Though ADF makes it clear that government employees can join its allied attorney program, it does not publicly specify which positions might make participants ineligible to remain in the network. However, it does appear that judges may have to cut ties with the group. For example, after Jamie Anderson was appointed as a county judge in Minnesota, ADF wrote that she will “no longer participate as an Allied Attorney for obvious reasons.” Additionally, Steve Christopher’s LinkedIn profile says that he stopped being an ADF allied attorney in March 2013, the same month he became a judge in Hardin County, Ohio.

    Understanding ADF’s influential and opaque network is key to knowing how it shapes anti-LGBTQ policy

    Between its Blackstone Legal Fellowship and allied attorney program, ADF’s network could include more than 5,000 lawyers. A 2017 Media Matters review of just a few hundred of those attorneys found that at least 55 had government positions, and the number in 2018 was at least twice that.

    In addition to its role in promoting anti-LGBTQ policies through the courts, ADF also directly shapes legislation at the state level, such as anti-trans “bathroom bills” and sweeping religious exemptions laws that make it easier to discriminate against LGBTQ people. Its allies sit in federal agencies and on federal courts, among other influential places, and have countless ways to affect policy. Many journalists do not have the information they need to draw the connections between these decision makers and the national group driving much of the anti-LGBTQ policies in the country.

    In Wisconsin, journalists and advocates have published several articles about a state Supreme Court justice-elect who received thousands of dollars for speeches to ADF and was a Blackstone Legal Fellow. Journalists, policymakers, and the public need to know about ADF’s network of allies in government in order to ask them how these associations affect their decision making and whether they stand by the extreme anti-LGBTQ beliefs of the group. Understanding ADF’s programs and network is crucial to knowing the full scope of its influence on LGBTQ-related policies at every level of governance.

    This is the first part of a two-part investigation into ADF's network of allies in the government.

    Additional research by Brennan Suen

  • Here are 300 of extreme anti-LGBTQ group Alliance Defending Freedom's reported 3,300 allied attorneys

    Blog ››› ››› MEDIA MATTERS STAFF


    Melissa Joskow / Media Matters

    Extreme anti-LGBTQ group Alliance Defending Freedom (ADF) regularly touts its network of over 3,300 allied attorneys, who apparently agree with the organization’s anti-LGBTQ statement of faith and provide pro bono legal support on behalf of the group, but only a fraction of those allies are easily identifiable online. ADF has also removed mentions of U.S. Solicitor General Noel Francisco as an allied attorney from its website, adding to the program’s opacity. As ADF has no easily accessible record of its allied attorney network, Media Matters has compiled a list of nearly 300 of the attorneys by sifting through dozens of press releases and other posts on the group’s website.

    ADF is one of the largest and most powerful anti-LGBTQ groups in the nation and has played a role in over 50 Supreme Court decisions, including cases regarding abortion, religion, tuition tax credits, and LGBTQ issues. The legal powerhouse has taken dozens of extreme anti-LGBTQ positions, such as supporting Russia’s so-called “gay propaganda” law, defending the discredited and dangerous practice of conversion therapy, advocating against adoption and foster care by LGBTQ people, and supporting policies that ban trans people from using facilities that align with their gender identity. To advance its mission, ADF uses its more than $50 million in revenue to provide attorneys with “the resources, training, and support they need to stand boldly for religious freedom, the sanctity of life, and marriage and family.”

    ADF has built a vast alliance of lawyers and supporters through its legal and religious training programs, and the group has what it calls a “powerful global network” of over 3,300 “allied attorneys.” These allied attorneys receive opportunities for funding, access to ADF’s legal resources, and additional training opportunities in exchange for a commitment to provide pro bono service, such as litigation support, media work, and aid to legislators and policymakers. ADF can activate these attorneys when it learns about LGBTQ-related events and, with their help, quickly involve itself in matters reaching down to the local level. In turn, these attorneys can also alert ADF to LGBTQ-related matters in their localities and bring the force of a national group to their backyards.

    ADF’s influence is widespread; the organization has dozens of alumni and allies in influential government positions across the country. But ADF operates with an extreme lack of transparency, particularly regarding its allied attorneys, who often do not publicly identify themselves as such. It has even previously retracted its affiliation with a high-profile figure who it had reported as an ally.

    A 2017 investigative report by Sarah Posner in The Nation identified Noel Francisco, the Trump-Pence administration's solicitor general, as an ADF allied attorney, citing two different ADF press releases explicitly stating that Francisco is one of “more than 3,000 private attorneys allied with ADF.” After publication, however, an editor’s note was attached noting that ADF “contacted The Nation, claiming that Francisco has never been an allied attorney” and calling it “our mistake” because its “media dept. got it wrong.” ADF promptly rewrote its press releases but did not issue corrections on either of them.

    In the update, The Nation reported that ADF claimed in its email about Francisco that “its allied attorneys are not required to agree to the statement of faith [The Nation] found linked to within ADF’s FAQs about applying to the program.” The update continued:

    That statement of faith includes a commitment to believing in the divinity of Jesus Christ, that God designed marriage for one man and one woman, and that homosexual behavior is “sinful and offensive to God.” Later in the day, that FAQ page, too, was changed. It had read, “The application requires affirmation of agreement with our statement of faith,” linking to the statement we quoted in the story [see screenshot here]. ADF’s website now omits that clause, reading only, “You become a part of the ADF Attorney Network by formally applying and being accepted as an Allied Attorney.” But the link on the web page, before it was changed yesterday, took one to the same statement of faith that employees must agree to.

    The actual application page, however, still states that you can become an allied attorney by “filling out an application online and agreeing to a statement of faith.”

    These discrepancies underscore the opacity surrounding both ADF’s network of allied attorneys and the process involved in becoming one. Testimony from a recent judicial nominee only adds to this confusion. In submitted answers to the U.S. Senate Committee on the Judiciary, federal judge nominee Jeremy Kernodle stated that he was an allied attorney with ADF on a 2017 case. In response to follow-up questions, Kernodle clarified that he “did not apply or request to be an ‘allied attorney’ with ADF"; “discovered that ADF had listed [him] as an ‘allied attorney’” when he began preparing responses to the questionnaire; and was “not certain when that first occurred.”

    ADF’s lack of transparency around its allied attorney program is particularly troubling given the group’s widespread influence. Media Matters has compiled a list of nearly 300 allied attorneys identified in various places on ADF’s website -- but this is only a small fraction of the 3,300 allied attorneys whom ADF claims are in its network. It is unclear whether ADF’s allied attorneys remain as such for life or whether the 3,300 number includes former allied attorneys, some of whom could have cut their official ties with the group with no public record. It is imperative that media include this context when reporting about these attorneys or their involvement in LGBTQ issues and other human rights matters.

    There are several notable allied attorneys on this list, including multiple state attorneys general, lawyers at major firms, and legislators

    Allied attorneys are serving in positions across all three branches of the federal government and within state governments:

    • In Congress, allied attorney and former ADF lawyer Mike Johnson currently represents the 4th District of Louisiana in the U.S. House of Representatives. Johnson was previously a state representative and sponsored a religious exemptions bill that would have made it easier to discriminate against LGBTQ people.

    • Trump-appointed federal Judge Kyle Duncan, the former general counsel for Becket Law, has also been labeled an allied attorney and has a history of opposing LGBTQ equality. While at Becket, which has represented anti-LGBTQ clients in the past, Duncan authored an amicus brief for the Supreme Court opposing marriage equality and was counsel in a case almost heard by the Supreme Court supporting a school’s discriminatory anti-trans bathroom policy.

    • Kerri Kupec, former ADF legal counsel and director of communications, currently serves in the executive branch as director of the Office of Public Affairs at the Department of Justice and has defended the Trump administration’s policy of prohibiting transgender people from serving in the military.

    • ADF allied attorneys also serve as attorneys general -- or in their offices -- in states across the country, including Alaska, Arizona, Montana, Nevada, and Texas. In particular, allied attorneys Kevin Clarkson and Timothy Fox serve as the attorneys general of Alaska and Montana, respectively. ADF has also labeled Nevada Solicitor General Lawrence Van Dyke an allied attorney.

    ADF’s allied attorney network also extends to influential private law firms:

    • Allied attorney Tim Swickard is a shareholder at Greenberg Traurig. Greenberg Traurig “placed 14th on The American Lawyer's 2018 Am Law 200 ranking” according to law.com, and “ranked as the 19th highest grossing law firm in the world” on the 2018 Global 200 Survey, bringing in $1,477,180,000 in gross revenue. According to the firm's website, it also “received the most overall first-tier rankings in the U.S. News – Best Lawyers ‘Best Law Firms’ report” for eight years in a row. In 2011, Swickard worked with ADF in a case against University of California-Davis, with ADF claiming the university’s religious nondiscrimination policy explicitly discriminated against Christian students because it focused on “institutionalized oppressions toward those who are not Christian” and “to those who do not practice the dominant culture’s religion.”

    • Allied attorney Jay T. Thompson is a partner at Nelson Mullins, which “placed 87th on The American Lawyer's 2018 Am Law 200 ranking” according to law.com, and “ranked as the 110th highest grossing law firm in the world” with $405,426,000 in gross revenue. According to Nelson Mullins, Thompson “devotes time in his legal practice to the protection of religious liberties” which is consistent with Thompson sending letters on behalf of ADF supporting prayer before public meetings in South Carolina after some organizations complained that the prayers violated the rights of non-religious attendees and others.

    • Allied attorney Rob McCully is a partner at Shook, Hardy & Bacon, which “placed 99th on The American Lawyer's 2018 Am Law 200 ranking” and “ranked as the 130th highest grossing law firm in the world” with $350,700,000 in gross revenue. McCully has experience with litigation involving “government enforcement matters,” and he co-wrote an amicus brief for ADF arguing that the Federal Communications Commission should have been able to censure “indecent language broadcast during Fox’s televised Billboard Music Awards” after an appellate court overturned the censure.

    Editor's note (3/26/19): An earlier version of the post identified Nathan Adams IV, partner at law firm Holland & Knight, as an ADF allied attorney. After publication, Holland & Knight reached out to tell Media Matters that that was not the case. The firm noted that there is a typo in an ADF press release that identified Adams as an allied attorney. The press release is still live on at least one page of ADF’s website, while another link to it is now defunct (the archived version can be found here). This is not the first time that ADF has inaccurately labeled its allied attorneys in a press release.

  • It's not just Masterpiece Cakeshop: Alliance Defending Freedom is attacking nearly every aspect of LGBTQ equality

    ››› ››› BRENNAN SUEN

    On December 5, anti-LGBTQ hate group Alliance Defending Freedom (ADF) will argue before the Supreme Court in the Masterpiece Cakeshop case on behalf of a baker who refused to serve a gay couple. ADF is a highly influential, right-wing legal group that has worked to impact policy at the local, state, national, and international level, from working to ban transgender students from using the restrooms that align with their gender identity to helping write and defend the country’s most sweeping anti-LGBTQ state law in Mississippi.

  • Six key takeaways from The Nation's investigative report on Alliance Defending Freedom’s “legal army”

    ADF is the largest anti-LGBTQ hate group and “has fast become a training ground for future legislators, judges, prosecutors, attorneys general, and other government lawyers"

    Blog ››› ››› BRENNAN SUEN


    Sarah Wasko / Media Matters

    The Nation’s Sarah Posner published a horrifying investigative report on anti-LGBTQ hate group Alliance Defending Freedom (ADF), the Christian “legal army” that is arguing before the Supreme Court on December 5 in the Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission case. The Supreme Court’s decision on this case, which involves a Christian baker who refused to serve a gay couple, could have huge implications on LGBTQ peoples’ right to access otherwise public accommodations.

    ADF is the largest anti-LGBTQ hate group in the country and has played a role in nearly every aspect of the modern right-wing battle against queer and trans rights. Media Matters has documented its years-long effort to combat transgender student equality in schools, advocating -- often through suing schools -- for discriminatory “bathroom bills” that prevent transgender students from using the restroom facilities that align with their gender identity. It has been involved in writing, promoting, and legally defending so-called “religious freedom” both as Justice Department guidance and as bills in a number of states, including one in Mississippi that has been called the “worst anti-LGBTQ state law in the U.S.” It has also supported harmful reparative therapy, which seeks to turn LGBTQ people “straight” and has been discredited by every mainstream medical group for decades as it has severe mental and medical health consequences for its victims. In 2013, ADF issued a memo in support of Russia’s “gay propaganda” law, which has led to the arrests of a number of LGBTQ activists and a climate where hate crimes against queer and trans people have doubled. Additionally, ADF works with more than a dozen other hate groups that are devoted to demonizing LGBTQ people and halting progress toward equal rights.

    Posner’s November 28 report, “The Christian Legal Army Behind ‘Masterpiece Cakeshop,’” detailed ADF’s vast influence and its relentless campaign to combat LGBTQ equality. Here are six key takeaways from the piece:

    1. ADF has “propelled” numerous attorneys “into state and federal government” and a number of its allies have influential cabinet and agency positions

    In May, Media Matters identified at least 55 ADF-affiliated lawyers serving in federal, state, and local governments. The Nation’s report also detailed that ADF “has fast become a training ground for future legislators, judges, prosecutors, attorneys general, and other government lawyers—including, notably, in the Trump administration. Noel Francisco, Trump’s solicitor general, is an ADF-allied attorney.” According to the report, “at least 18 ADF-affiliated lawyers now work in 10 attorney-general offices” at the state level, including at least three in Texas. Texas’ office has led a number of other attorneys general in “two legal challenges to Obama-era rules protecting transgender rights.” Posner noted that ADF alumni also work as congressional staff, attorneys in the military and federal agencies, “state legislators, City Council members, district attorneys, and judges.” From the report:

    In the past five years, state attorneys general in Arizona, Georgia, Michigan, Missouri, Montana, Nevada, Ohio, Oklahoma, and Wisconsin have hired former ADF staff attorneys, allied attorneys, and Blackstone Fellows. Still others in recent years have brought on ADF attorneys to act as special counsel for the state in cases involving touchstone issues for social conservatives. The Nebraska attorney general, Doug Peterson, has spoken at an ADF conference and called its lawyers “some of the best at what they do.” Attorneys general in Arizona and Oklahoma have brought on ADF staff and allied attorneys to assist in major litigation over abortion and LGBTQ rights. In Mississippi, the governor retained an ADF attorney to represent the state in defending a legal challenge to an anti-LGBTQ law that the organization had helped champion, after the state attorney general declined to defend it.

    2. Trump is nominating attorneys with ties to ADF for federal judgeships

    Posner identified four Trump federal judicial nominees with ties to ADF: Amy Coney Barrett (who was recently confirmed) and Kyle Duncan at the appeals court level and Jeff Mateer and Michael Joseph Juneau at the district court level. Mateer is one of the most vehemently anti-LGBTQ figures to be nominated to the judiciary. Trump also nominated Steven Grasz to the Eighth Circuit Court of Appeals. Grasz is a member of the board of the Nebraska Family Alliance, which is partnered with ADF. Media Matters has identified another nominee who was confirmed in August to the U.S. Court of Appeals for Veterans Claims, Joseph Toth, who was an ADF Blackstone Fellow in 2005.

    3. Extreme anti-LGBTQ book The Homosexual Agenda “has long been on the reading list” for ADF’s Blackstone Legal Fellowship

    According to Posner, testimonials from students who were part of ADF’s law school training program the Blackstone Legal Fellowship “hint at an ideology firmly opposed to secular government and law.” She noted that ADF’s longtime President Alan Sears’ extreme anti-LGBTQ book, The Homosexual Agenda: Exposing the Principal Threat to Religious Freedom Today, “has long been on the reading list” for the fellowship. The book pushes a number of myths about LGBTQ people, including that they are promoting “sexual relations between adults and children, known as pedophilia.”

    4. To hide its extremist views, ADF has “very recently” tampered down "routinely traffick[ing] in slurs against the LGBTQ community"

    The Nation’s report acknowledged a shift in ADF’s rhetoric as it has “redoubled its efforts to portray its views as mainstream” amid its growing influence, including at the Supreme Court, and after being labeled a “hate group” by the Southern Poverty Law Center. Posner noted that “until very recently, ADF routinely trafficked in slurs against the LGBTQ community, consistently depicting LGBTQ people as promiscuous, uncommitted, and unfit to parent.” From the report:

     In a 2006 case in Maryland, ADF maintained that “sexual fidelity is rare among homosexual men” and that “the average homosexual relationship is short.” In a 2009 case in West Virginia, arguing against a lesbian couple’s adoption of a baby they had fostered, ADF noted that the couple had insisted that the court be “forced to treat their home as just as good as any other.” But, ADF wrote, “this cannot be.” Although the organization had long opposed allowing same-sex couples to marry, in another parenting case, this one in Arkansas in 2010, it used the fact that the couple could not marry as an argument against allowing them to adopt. “It is logical to prevent children’s exposure to the illicit sexual conduct and revolving-door of adult sexual partners that often accompany cohabitation,” ADF argued.

    5. ADF-allied attorneys often do not disclose their relationships to the group

    Media Matters has repeatedly found a lack of transparency with ADF-allied attorneys, as many of its 3,200-plus reported allies do not publicly identify their affiliation with the group. In her report, Posner noted that Trump’s solicitor general, Noel Francisco, was identified as an allied attorney in a 2016 ADF press release but that the relationship is not one “that he has made public,” including in a questionnaire “submitted to the Senate Judiciary Committee in advance of his May confirmation hearing.” She continued, “Francisco’s only acknowledgment of his ADF ties was a mention, on a list of speaking engagements, of his participation on a 2015 panel on law-firm recruiting hosted by the Blackstone Legal Fellowship.”

    6. ADF’s guise of “religious liberty” is essentially exclusively focused on Christians

    The Nation conducted “a review of 146 of ADF’s appellate and Supreme Court briefs” and found that its lawyers “are focused almost exclusively on the religious rights of Christians.” Of cases that involved non-Christian religious plaintiffs, the group’s lawyers “weighed in” on only five instances and expressed support for the non-Christian plaintiffs only two times. From the report:

    [W]e found just five instances in which ADF’s lawyers weighed in on appellate cases involving religious plaintiffs who were not Christian. In only two of them did ADF express support for the religious-minority plaintiff—once in a case in which a rabbinical organization challenged a public-health regulation on circumcision, and once in support of an Orthodox Jewish day school claiming that a local permitting process violated its religious rights. ADF also weighed in on two cases in support of Muslim prisoners who claimed their religious rights had been violated, but in neither did it address the particular facts of the case, making only arguments about what it considered to be a proper interpretation of the relevant statute and, in one case, how that interpretation would affect Christian organizations.

  • Debunking right-wing media myths on DACA

    ››› ››› DINA RADTKE & MADELINE PELTZ

    Following President Donald Trump’s announcement that he would reverse the Deferred Action for Childhood Arrivals program (DACA), right-wing media rushed to praise Trump’s actions by stereotyping DACA recipients, or “Dreamers,” as criminals and gang members. They also falsely claimed that the program constitutes a form of “amnesty,” that DACA recipients take jobs from native-born Americans, that the program is unconstitutional, and that President Barack Obama did not take any action to pass comprehensive immigration reform during his tenure.

  • Pundits overlook John Kelly's extreme record, instead speculate that he could save Trump

    ››› ››› NINA MAST

    Media figures and political strategists flocked to the Sunday shows to speculate that Department of Homeland Security Secretary John Kelly will promote “discipline” and reduce “chaos” as White House chief of staff, and that Trump will listen to him because he “respects” military officers. What their analyses left out is Kelly’s extreme policy position on immigration and his defense of Trump’s chaotic Muslim travel ban implementation.

  • After America, Breitbart Plans To Infect Politics Across Europe

    ››› ››› BOBBY LEWIS

    After the 2016 election, Breitbart.com announced its plan to expand into France and Germany, and Italy is reportedly now a target as well. Breitbart’s current European bureau, Breitbart London, appears to be in charge of the website’s Europe content and has a close relationship with the nativist UK Independence Party (UKIP). That, coupled with its anti-immigrant content, suggests that the site will try to spread its nativism across Europe by continuing to stoke racist sentiment and allying with anti-immigrant political parties.

  • Trump Pushes Right-Wing Media’s Nonsense Conspiracy Theory That Huma Abedin Is A Threat To America

    ››› ››› BOBBY LEWIS

    Republican presidential nominee Donald Trump implied that Huma Abedin, an aide to Democratic nominee Hillary Clinton, is a security risk because of her mother’s current and her own former employment at an academic journal that writes about Muslims. Trump’s attack follows years of smears about Abedin from informal Trump adviser Roger Stone and right-wing media outlets, which said that Abedin is disloyal to the United States and that she is a secret “Muslim Brotherhood” agent. 

  • Media Highlight Trump VP Pick Mike Pence’s “Radical Obstinacy” On Abortion

    ››› ››› BOBBY LEWIS

    Media figures are calling out the “bizarre” and “extreme” anti-abortion record of Donald Trump’s vice presidential running mate, Gov. Mike Pence (R-IN). They called Pence “the most anti-abortion presidential or VP candidate we’ve had,” and noted that he “became a conservative hero” by virtue of his “longstanding, implacable and dogged” opposition to abortion.

  • Media Slam Paul Ryan's Refusal To Condemn Trump As A "De Facto Endorsement"

    ››› ››› ALEX KAPLAN

    Media outlets and figures from across the political spectrum criticized House Speaker Paul Ryan (R-WI) for refusing to condemn Republican presidential front-runner Donald Trump in his March 23 speech where he called for "elevating the national political discourse." According to media figures, Ryan's refusal to condemn Trump amounts to a "tacit acceptance" and "de facto endorsement."

  • The Nation Explains Why It's So Appalling That Troy Newman Was Made "National Co-Chair" Of Cruz's Anti-Choice Coalition

    Newman Joins Hate Group Leader Tony Perkins To Lead Cruz's "Pro-Life" Agenda

    Blog ››› ››› SHARON KANN

    On January 27, Republican presidential candidate Ted Cruz announced the formation of his new anti-choice coalition: "Pro-Life For Cruz." As part of the announcement, Cruz named anti-choice extremist Troy Newman as a "national co-chair" of the group, despite Newman's problematic history of harassing abortion providers and endorsing violent rhetoric about them.

    Reporting for The Nation on January 28, George Zornick detailed why Cruz's "doubling down on his connection with Newman" was as problematic as Newman's own appalling history of anti-choice activism. According to Zornick, Cruz praised Newman for having "led the charge for the pro-life cause" and being a "true inspiration." Yet Newman has a well-established history of harassing abortion providers and spouting violence-endorsing rhetoric against them.

    As the president of the anti-choice organization Operation Rescue, Newman argued that "the murder of abortion doctors is legally permissible" and he openly harassed clinic employees. In his radical book Their Blood Cries Out, Newman suggested that 9/11, AIDS, and even California's historic drought were all punishments from God for allowing legal abortion. Newman's views are so extreme that, as The New York Times reported in 2015, Australia cancelled Newman's visa over "concerns that he might encourage violence against abortion providers or women seeking the procedures."

    Most recently, Newman served as a board member of The Center for Medical Progress (CMP), the organization responsible for propagating a smear campaign so fraudulent that the organization earned the title of Media Matters' Misinformer of the Year for 2015. Last week, the president of CMP, David Daleiden, and one of his co-conspirators were indicted by a grand jury in Harris County, Texas for their involvement in this attack on Planned Parenthood. Troy Newman is no longer on the board of CMP -- as The New York Times reported, he "resigned from the center's board when Mr. Daleiden was indicted."

    As The Nation's Zornick noted, Cruz also praised Tony Perkins, the leader of known hate group Family Research Council for agreeing to lead the "Pro-Life For Cruz" coalition. From The Nation:

    With the Iowa caucuses only days away, Senator Ted Cruz has announced the formation of a "Pro-Lifers for Cruz" coalition that aims to "champion every child, born and unborn."

    Among the national co-chairs of that coalition is Troy Newman, one of the more malevolent figures in the anti-choice movement. He is the president of the radical anti-abortion group Operation Rescue, and a board member at the Center for Medical Progress, which just saw two employees indicted in Houston for deceptions conducted while creating the now-infamous "baby parts" videos that targeted Planned Parenthood.

    Newman has often suggested that the murder of abortion doctors is legally permissible, and his group has been connected to several notorious anti-choice acts of violence over the past 20 years.

    It would be virtually impossible not to be aware of this fact--it defines Newman's career--yet Cruz said in a statement Wednesday that "Every single national co-chair in this coalition has led the charge for the pro-life cause and is a true inspiration." Newman formally endorsed Cruz back in November, which created a small stir-up in the press, and Cruz is now doubling down on his connection with Newman.

    [...]

    Pro-choice advocates quickly noticed Cruz's bear hug of Newman. "Given that this announcement came out after [David Daleiden's] indictment, I'm pretty shocked that he included him," said Sasha Bruce, NARAL's vice president of campaigns and strategies. "It's not enough that he made his endorsement at a presidential level of somebody who advocates violence, he has now been indicted."

  • The Nation's Joan Walsh Explains Donald Trump's "Sexist New Low" In His Attacks On The Clintons

    Blog ››› ››› DAYANITA RAMESH

    The Nation's National Affairs Correspondent Joan Walsh explained that Republican presidential frontrunner Donald Trump has "mainstream[ed] the ugliest right-wing conspiracy theories about both Clintons" and his newest attempt to blame Hillary Clinton for the past actions of her husband "takes a special kind of misogyny."

    Since launching his presidential campaign, Donald Trump has attacked nearly every Republican and Democratic presidential candidate, but his attacks on Hillary Clinton have drawn special praise from right-wing media. After Trump attacked Clinton for returning late to a December 19 debate, Fox News' Andrea Tantaros called him "masterful" for supposedly "baiting" the Democratic frontrunner in a way that made her look like "a whiny, weak female." The hosts of Fox News' Fox & Friends neglected to question Trump about his anti-Clinton tirade, even though mainstream media lambasted him for his "vulgar" and "astonishingly sexist" lines of attack. More recently, several conservative outlets and personalities -- including Brietbart News, RedState, Rush Limbaugh, and Jeffrey Lord -- were quick to defend Trump, and scapegoat Hillary Clinton, after Trump's anti-Muslim rhetoric was featured in a recruitment video produced by an Al Qaeda-affiliated terrorist group.

    In the January 5 article, Joan Walsh explained that Trump, who has a long history of injecting fringe news and conspiracy theories into mainstream news coverage, is simply "doing what he's so good at doing: dragging ugly mutant ideas from the dark, dank swamps of right-wing paranoia and setting them free" to "whip up the GOP base." In response to mounting accusations of sexism, Walsh explained how "with typical Trump logic, he's retaliating with one of the most sexist insults to Clinton so far in this campaign." From The Nation:

    Donald Trump, the man of the bottomless bottom, is making headlines for slurring Hillary Clinton as an "enabler" of her husband's sexual misbehavior. Chris Matthews of MSNBC's Hardball, who doesn't shock easily, seemed staggered by it Monday night, insisting he'd never heard such a claim about Clinton before. "It's beyond indecent," he said.  

    It may be beyond indecent, and I accept that Matthews never heard it said before. But calling Clinton an "enabler," and making similar nasty charges about her supposed responsibility for Bill Clinton's sexual conduct, have long been staples of Hillary-hate on the right--and some mainstream pundits have dipped a toe in the hate swamp on occasion, too. 

    With a five-minute Google search I found Roger Stone, Rush Limbaugh, Ann Coulter, Pat Buchanan, Joe Walsh, and Laura Ingraham making that claim. And back in 2003, Hillary-hater-in-chief Maureen Dowd of The New York Times defended Arnold Schwarzenegger by blaming Clinton for encouraging feminists to ignore her husband's bad behavior. 

    "Feminism died," Dowd raved, "in 1998 when Hillary allowed henchlings and Democrats to demonize Monica as an unbalanced stalker, and when Gloria Steinem defended Mr. Clinton against Kathleen Willey and Paula Jones by saying he had merely made clumsy passes, then accepted rejection, so there was no sexual harassment involved." But Dowd is alone among mainstream journalists in what she's willing to fling at Hillary Clinton; for the most part, the Clinton-as-enabler slur is confined to the right.

    Trump is doing what he's so good at doing: dragging ugly mutant ideas from the dark, dank swamps of right-wing paranoia and setting them free in the mainstream, where they shock some journalists, disgust most Americans and whip up the GOP base. The GOP front-runner got angry when Clinton accused him of sexism (after he said she'd been "schlonged" by Barack Obama in 2008 and called her mid-debate bathroom break "disgusting.") Of course, with typical Trump logic, he's retaliating with one of the most sexist insults to Clinton so far in this campaign. Blaming a woman for her husband's infidelity takes a special kind of misogyny. It will only worsen his already sizable gender gap at the polls.

  • The Nation's Katha Pollitt: Newsweek "Completely Misunderstands The Fight Over Abortion In The United States"

    Blog ››› ››› MEDIA MATTERS STAFF

    On December 17, Newsweek published a cover story entitled: "America's Abortion Wars (And How to End Them)." The article argued that the solution to the "brutal stalemate" between pro-choice and anti-choice advocates was for both sides to let go of "bumper-sticker logic" and instead bankroll policy measures to support lower-income women who choose to give birth.

    In a December 21 response for The Nation, Katha Pollitt criticized Newsweek for mischaracterizing the debate over abortion and failing to recognize the strategies of pro-choice supporters, in particular those of reproductive justice proponents. Pointing to the long history of anti-choice violence against abortion providers, Pollitt argued that Newsweek's cover story supported a false equivalency between the goals of the pro-choice and anti-choice movements, explaining the two sides couldn't be equated because "in the so-called abortion wars, only one side is murdering the other."

    She concluded that by distorting the problem and proposing inadequate policy reforms, Newsweek problematically elevated the credibility of the anti-choice movement and minimized the actual needs of pregnant women and parents:

    Sorry, Newsweek. In the so-called abortion wars, only one side is murdering the other. Pro-choicers don't invade Christian "crisis pregnancy centers," guns blazing; they don't picket Catholic churches and scream at the people going into worship. Only one side wants to force women to do their bidding. Only one side fights broad access to birth control and realistic sex education. Only one side has allied itself with the Republican Party, which wants to cut every program and rescind every law that helps women and children and promotes gender equality in the workplace.

    [...]

    But then, Eichenwald doesn't seem to know much about the actually existing reproductive-rights movement. As if drawing a rabbit out of a hat, he points out that the majority of women (69 percent) who have abortions today are poor or low-income. This will come as a surprise to few people involved with supporting abortion rights and access--or who have spent an afternoon in a clinic waiting room. He notes that a study shows that three-quarters of women choosing abortion give finances as one reason (he skips over the study's conclusion that typically women give multiple reasons, including responsibilities to others, lack of a partner and not being ready for motherhood). Since poverty is the cause, the way to end the abortion wars is for both sides to "put down their placards and open their wallets"--i.e., support laws and programs that will help poor women keep their pregnancies if they want them. "Here," he writes, "are all the new costs": an increase in the minimum wage, free government-funded daycare, free prenatal care, stronger legal protection for pregnant workers, and an end to the fight against Obamacare.

    It's a pretty minimal list--it doesn't even include paid parental leave or subsidies for low-income women who want to go to college as mothers, or help with housing or support in escaping abusive men. It doesn't consider that having a baby affects a woman's life forever, not just while she's pregnant or a new mother. And it has a strange focus on adoption as part of the solution. If he'd looked into the literature on adoption, he would have discovered that very few women (and black women least of all) are interested in having babies to give to adoptive couples--even ones who are willing to pay for their prenatal care, as he suggests. Almost all women who go through pregnancy and childbirth seem to want to keep the child.

    That he considers his list complete shows that Eichenwald hasn't spent a lot of time looking at women's lives. He's spent even less looking at the pro-choice movement, which he seems to think is a bunch of child-hating tightwads, when in fact most pro-choicers are Democrats. The anti-tax crowd is in the other party--the anti-choice party.

    Worst of all, he does not seem to know that the brilliant new idea he thinks he figured out on his own is what today's reproductive-rights movement is all about. That women need the right to have babies as well as not to have them, that freedom from poverty--and racism and violence--is part of that right, is called reproductive justice, and for 20 years it's been gradually replacing the libertarian "choice" framework for the abortion-rights movement. Today even Planned Parenthood embraces it. If only Eichenwald had picked up the phone and actually talked to some pro-choice leaders and thinkers. Loretta Ross, founder of the black-feminist organization SisterSong, where the reproductive-justice framework originated, could have set him straight in five minutes.