Alliance Defending Freedom attorney compares "leftists" to "communists and Nazis," says they "feed on hatred"
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During his most recent MSNBC program, host Hugh Hewitt defended the anti-LGBTQ hate group Alliance Defending Freedom (ADF) in its fight with Amazon. But Hewitt did not disclose that ADF is a major sponsor of his radio programs.
Hewitt has had prior conflict of interest problems on MSNBC. The network gave him a “verbal warning” last month after Politico revealed that he helped broker a meeting between Environmental Protection Agency (EPA) Administrator Scott Pruitt and lawyers at Hewitt’s law firm Larson O’Brien. MSNBC said that Hewitt, who frequently praised the EPA head on the network, will no longer discuss matters related to the EPA and Pruitt on its channel.
Media Matters also previously reported that Hewitt used his MSNBC program to praise the Trump administration's efforts to weaken the Clean Water Act. However, he didn’t disclose that one of his law firm’s clients is an oil and gas company that is currently litigating allegations it violated the environmental law.
Hewitt’s latest conflict of interest problem revolves around the anti-LGBTQ hate group Alliance Defending Freedom, which works domestically and internationally to prevent and roll back LGBTQ equality. ADF has supported a number of extreme positions, including criminalizing sodomy and Russia's so-called “gay propaganda” law. ADF recently defended the plaintiff in the Masterpiece Cakeshop Supreme Court case, which was narrowly decided in its favor based on the particulars of the case (and which does not indicate how other similar cases should be resolved).
During his June 2 MSNBC program, Hewitt interviewed House Majority Leader Kevin McCarthy (R-CA), who criticized Amazon’s decision (McCarthy mistakenly called the group “the Alliance for Freedom”). Hewitt replied: “Yeah, Alliance Defending Freedom, old friends of mine. I’ve often spoken at their groups, and [you’re] right. They’ve been kicked off Amazon Smile. That’s wrong.”
But Hewitt did not disclose that he has a financial relationship with ADF through radio sponsorships.
ADF is a sponsor of Salem Radio Network’s The Hugh Hewitt Show. An advertisement for ADF currently appears on Hewitt’s website (under the title “Your Freedoms Are Under Attack”) that directs readers to an ADF donation page that features a testimonial from Hewitt. Here's a screenshot of the ADF donation page:
On October 30, 2017, Hewitt hosted Alliance Defending Freedom CEO and general counsel Mike Farris to discuss the Masterpiece Cakeshop case. Hewitt stated during the segment: “ADF has been a regular feature on this show for many decades here, a great sponsor of the program. And more importantly, they’re my friends and I trust them, and I’ve been at many, many ADF gatherings over the years.”
In November 2017, Hewitt’s Facebook page included an ad for ADF. Hewitt’s donation pitch stated, in part: “Right now, a generous group of Ministry Friends has decided to match your gift to provide a strong legal defense for Christians trying to live out their faith. Will you help today? Visit: www.ADFlegal.org/hewitt.”
ADF is also a significant sponsor of Salem Radio Network’s Townhall Review, a weekend recap program that Hewitt hosts. Hewitt has said on recent programs that Townhall Review has a "partnership" with ADF. Ads for ADF also appear on Townhall Review's website.
Hewitt also criticized Amazon for its ADF decision during a segment that appeared on Townhall Review. Hewitt stated on May 22: “I’ve partnered with ADF for over a decade now. That’s why I was disturbed to learn that they have been removed from Amazon’s Smile program. … ADF -- see them online at ADFlegal.org -- is donor supported, so they could very much benefit from that income stream.”
MSNBC did not respond to a request for comment from Media Matters.
This post has been updated with additional information.
On June 4, the Supreme Court granted a narrow ruling in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case in favor of a Christian baker named Jack Phillips who refused to serve a gay couple. Phillips was represented by anti-LGBTQ hate group and legal organization Alliance Defending Freedom (ADF), which is pushing several more cases that could determine whether public accommodations can legally discriminate against LGBTQ people.
The Supreme Court’s ruling in Masterpiece Cakeshop cited “hostility” against ADF’s client by the Colorado Civil Rights Commission in the commission’s original decision on the matter. At the same time, the court also reaffirmed protections for LGBTQ people in the marketplace. This means the Masterpiece ruling applies to only this specific case and has thus “left open the possibility that other cases raising similar issues could be decided differently,” according to The New York Times. Justice Anthony Kennedy wrote in his majority opinion:
The outcome of cases like this in other circumstances must await further elaboration in the courts, all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.
Kennedy’s prescient statement is reflective of the many similar religious exemptions cases -- in which businesses in the open marketplace seek to exempt themselves from serving LGBTQ people equally based on religious beliefs -- that are making their way up the courts. And those many cases almost all have one thing in common: Alliance Defending Freedom.
ADF has been relentless in its work to make LGBTQ people second-class citizens in nearly every aspect of life, which includes leading the fight against transgender student equality in schools across the country and advocating for the discredited and harmful practice of conversion therapy, which seeks to alter LGBTQ people’s sexuality or gender identity. And in addition to Masterpiece Cakeshop, ADF in the last few years has been involved in several other religious exemptions cases, some of which could again bring ADF and its allies before the nation’s highest court. As Slate reporter Mark Joseph Stern noted, ADF’s strategy is to “target bakers, florists, photographers who might be anti-gay, find a case that had come up, and then encourage them to fight that case as far as they could.” What’s more, ADF's staff and its allied attorneys -- of which there are more than 3,200 -- are serving in high-up positions in the offices of state attorneys general and even on the federal bench, where they may increasingly play a role in cases such as Masterpiece Cakeshop.
There are currently at least seven active or potentially active cases to watch -- all spearheaded by ADF and its allies -- that could eventually make discrimination against LGBTQ people in the marketplace the law of the land:
Arlene’s Flowers, Inc. v. Washington: In the case most likely to be heard before the Supreme Court next, ADF is representing a Washington state florist who refused to create floral arrangements for a gay wedding. In February 2017, the Washington state Supreme Court unanimously ruled against ADF’s client, and in July 2017, ADF appealed the case to the Supreme Court. According to The Hill, it now “has been re-listed for discussion at the court’s next conference on Thursday,” June 7, when the court may decide whether to hear the case.
Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes: ADF is representing a Michigan funeral home that fired an employee for coming out as a transgender woman, saying that its owner and other business owners have the right to “live and work consistently with their faith” and that the funeral home’s sex-specific dress code “is tailored to serve those mourning the loss of a loved one.” In March, the 6th Circuit Court of Appeals ruled against ADF’s client, and ADF announced that it is “consulting with our client to consider their options for appeal.”
Brush & Nib Studio v. City of Phoenix: In April, ADF argued before the Arizona Court of Appeals on behalf of its clients, the owners of a calligraphy business, who challenged a Phoenix, AZ, ordinance protecting LGBTQ people from discrimination. The lawsuit is a pre-enforcement challenge, meaning that the business challenged the nondiscrimination protections “seeking permission to refuse service to same-sex couples without actually being found in violation of the law,” according to ThinkProgress LGBTQ Editor Zack Ford. On June 7 and in the wake of the Masterpiece Cakeshop decision, the Arizona Court of Appeals ruled against ADF's client, affirming that the business must serve same-sex couples. In response to the ruling, ADF announced that it plans to appeal the decision to the Arizona Supreme Court.
Telescope Media Group v. Lindsey: In October, ADF filed an appeal to the 8th Circuit Court of Appeals on behalf of its clients, videographers in Minnesota who wanted to add wedding videos to their business services. The business owners sued the state because of a provision in the Minnesota Human Rights Act that prohibits them from discriminating against same-sex couples, making the lawsuit a pre-enforcement challenge. Briefs to the court have been submitted, but it has not yet made a decision.
303 Creative v. Elenis: In September, ADF filed an appeal to the 10th Circuit Court of Appeals on behalf of its client, a Colorado graphic designer who challenged a state nondiscrimination law that protects LGBTQ people. According to ADF, a September ruling by a federal judge “placed her legal challenge on hold until the U.S. Supreme Court rules in Masterpiece Cakeshop v. Colorado Civil Rights Commission.” The judge also said that the designer could not sue to challenge the law because she could not adequately prove that a gay couple requested her services. The court was scheduled to hear oral arguments in May but will now hear them in September.
Cervelli v. Aloha Bed & Breakfast: ADF represented a Hawaii bed-and-breakfast owner who denied a room to a lesbian couple. In February, the Hawaii Intermediate Court of Appeals ruled against ADF’s client, upholding a 2013 decision that said she could not discriminate against same-sex couples. ADF has not updated its web page about the case in the months following the ruling or announced whether it will seek to appeal.
Lexington-Fayette Urban County Human Rights Commission v. Hands On Originals: In April, ADF attorneys filed a brief to the Kentucky Supreme Court in support of a “promotional printer” who declined to create custom T-shirts for the Lexington, KY, Pride Festival. The Kentucky Supreme Court has not yet decided the case.
These are just seven of the many religious exemptions cases in which ADF has played a hand. It has also successfully pushed for federal Justice Department guidance that makes it easier for people, businesses, and government employees to discriminate against LGBTQ people using religious exemptions. And it successfully wrote, justified, and defended the most sweeping anti-LGBTQ religious exemptions bill in the country, which went into effect in Mississippi last year.
Though the decision in Masterpiece Cakeshop may not have clarified whether public accommodations have the right to discriminate against LGBTQ people, it is just the beginning of a fight playing out in courts across the country at the hands of ADF.
Additional research by Rebecca Damante.
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Hate group Alliance Defending Freedom has publicly spoken out against a California bill that would classify the dangerous and harmful practice of conversion therapy as fraud
Major anti-LGBTQ hate group Alliance Defending Freedom has joined an effort that includes several other major national hate groups to try to stop a bill in California that would classify conversion therapy as fraud. The term “conversion therapy” covers a range of discredited practices that attempt to change sexual orientation or gender identity and that have severe mental and medical health consequences. The organizations fighting the California bill -- which include hate groups the Family Research Council, Liberty Counsel, the American College of Pediatricians, and the Pacific Justice Institute, as well as two pro-conversion-therapy groups -- have a demonstrated history of supporting the dangerous practice.
There’s new reporting about anti-LGBTQ hate group leader Tony Perkins’ role in crafting the latest White House policy banning transgender troops from serving in the military -- and that’s only the most recent reminder that we should be very, very worried about the Trump administration’s coziness with anti-LGBTQ hate groups and extremists.
Hours after the White House released an updated policy banning transgender service members from serving in the military, Slate’s Mark Joseph Stern reported that “behind the scenes, a ‘panel of experts’” crafted a report justifying the ban. The so-called experts included Perkins, president of anti-LGBTQ hate group the Family Research Council (FRC), and the virulently anti-trans Ryan Anderson from the Heritage Foundation, who wrote an entire book dedicated to discrediting the transgender experience. Stern also reported that Vice President Mike Pence, who has a long history of anti-LGBTQ animosity and is a longtime friend of Perkins’, “played a leading role in the creation of this report.” This is yet another disturbing example of anti-LGBTQ extremists’ influence on White House policy and close relationships with the administration.
Just one day before Trump announced the new policy, Tyson Langhofer, director of the Center for Academic Freedom at the anti-LGBTQ hate group Alliance Defending Freedom (ADF), spoke at an official youth outreach event at the White House. During the event, Justice Department Office of Public Affairs Director Sarah Isgur Flores praised ADF as a “great organization” and thanked Langhofer for its work.
Here are just some of the ways ADF and other anti-LGBTQ hate groups and extremists are directly influencing White House policy beyond the newly released ban:
After consulting with ADF, Trump and Attorney General Jeff Sessions released religious exemptions guidance making it easier for individuals and businesses to discriminate against LGBTQ people.
ADF is reportedly in “negotiations” with the Trump administration to undo protections for incarcerated transgender people.
Perkins has bragged about how many times he has visited the White House.
Trump is nominating attorneys with ties to ADF for federal judgeships.
Former ADF legal counsel Matt Bowman works in the Health and Human Services Department (HHS), which has been employing more right-wing religious activists and has started a Conscience and Religious Freedom Division that makes it easier for health care providers to deny services to LGBTQ people, among others.
Former Family Research Council Chief of Staff Shannon Royce has emerged “as a pivotal player” at HHS as director of its Center for Faith-based and Neighborhood Partnerships.
ADF client Sara Hellwege spoke at the HHS announcement of its anti-LGBTQ rule granting religious exemptions for health care providers to deny services to LGBTQ people.
At least four people who have worked for the Family Research Council were on Trump’s transition team.
These groups spent years under the Obama administration pushing anti-LGBTQ policies through municipalities and states and fighting equality in court while also strategizing over how to undo the progress that has happened over the past decade at the national level. Now the current administration is welcoming them to the table and fulfilling their wish lists. Trump made a clear play for these groups and their supporters' votes when he chose Pence as his running mate, and so-called “values voters” like Perkins have repeatedly abandoned their morals to defend Trump -- and reaped the rewards in policy.
We are witnessing a massive effort to roll back LGBTQ equality at all levels of government and on nearly every issue affecting the lives and rights of community members, and these groups are at the forefront of it. And there are repercussions outside of the policy realm: Their attacks are creating a more hostile, anti-LGBTQ environment in society at large. For the first time in four years, acceptance of LGBTQ people has decreased, and violence against the community is surging without many Americans even being aware of it.
The trans military ban was just the latest win for anti-LGBTQ hate groups. There will certainly be more. If you haven’t been alarmed by this yet, it’s time to be now.
Lawyers and allied attorneys from influential anti-LGBTQ hate group Alliance Defending Freedom (ADF) have been working to pass and defend legislation in at least five states that allows child welfare agencies to discriminate against LGBTQ people, among others, in adoption and foster care. In 2017, three states passed anti-LGBTQ adoption laws, and a sweeping anti-LGBTQ religious exemptions law in Mississippi also included provisions about adoption and foster care. Georgia’s state Senate passed a similar bill in February, to be considered by its House, and at least three other states are considering similar bills this year.
Last year, Alliance Defending Freedom (ADF), a designated anti-LGBTQ hate group, fought against marriage equality in Latin American and European courts, including by presenting oral arguments before the Inter-American Court of Human Rights (IACHR) in the Americas. Multinational courts in both countries recently ruled or advised in favor of same-sex marriage and spousal recognition. The international courts’ opinions show that attempting to export anti-LGBTQ bigotry abroad is not always a winning battle, even as ADF gains influence in our court system.
The IACHR is a part of the Organization of American States (OAS), an organization that “brings together all 35 independent states of the Americas and constitutes the main political, juridical, and social governmental forum in the Hemisphere.” On May 17 of last year, ADF International presented oral arguments before the IACHR against legalizing marriage equality in its member states. The IACHR was reviewing a petition submitted in 2016 by Costa Rican President Luis Guillermo Solis, "who had vowed to increase rights for lesbian, gay, bisexual and transgender people in the majority Catholic country.” Talking about the case, ADF International legal counsel Neydy Casillas had said, “While the right for men and women to marry is recognized under international law, there is no corresponding right to same-sex marriage or a name change based on ‘gender identity.’” Casillas continued, “The American Convention on Human Rights does not obligate Member States to recognize same-sex partnerships.”
On January 9, Reuters reported that the IACHR ruled “that countries in the region should legalize same-sex unions.” According to AFP and Costa Rica’s Tico Times, the ruling “said gay married couples should have the same rights as heterosexual ones existing under each country’s laws.” The court also ruled that transgender people should be able to change their names on identification documents. In response, Costa Rica’s government said that it “would take steps to adopt the court’s criteria ‘in its totality.’” And on January 17, Panama’s government also “signaled it plans to comply” with the ruling, according to the Washington Blade.
ADF International showcased this work in its Annual Report 2017, writing that its team argued “in defence of Costa Rica’s definition of marriage.” ADF and another anti-LGBTQ hate group, C-Fam, both participated in the 47th annual session of the OAS General Assembly.
In a separate international case, ADF submitted an intervention in April to the European Court of Justice (ECJ) against a married Romanian and American gay couple who were fighting for their right to live together. The couple challenged Romanian authorities’ decision to refuse the American husband’s residence permit. On January 11, a senior adviser to the ECJ backed legal residency for same-sex couples under the definition of “spouse.” According to the BBC, “ECJ Advocate General Melchior Wathelet said the term ‘spouse’ included, under the freedom of residence of EU citizens and their family members, spouses of the same sex.” “Opinions given by ECJ advocate generals are non-binding on the court’s judges,” The Guardian noted, “but are normally followed by the full court.” The court decision, which is expected in a few months, “could have wider repercussions for the range of benefits and rights” same-sex married couples can claim.
As expected, ADF saw the repercussions of the decision in a very different way. In April, ADF International legal counsel Adina Portaru, the “leading lawyer on the third party intervention,” released a statement saying, "Forcing a Member State to amend its national law to legally recognize same-sex relationships means deliberately ignoring a national democratic process." The statement also claimed that the ECJ "runs the risk of undermining the law" in many EU countries and "creating legal chaos as a result."
ADF International also highlighted its work before the ECJ in its Annual Report 2017. Additionally, ADF gave legal assistance to a “Coalition for Family” in Romania that worked to collect 3 million signatures across the country in order to get a referendum “to amend the constitution to prohibit gay marriage” up for a vote. Anti-LGBTQ hate group Liberty Counsel also gave legal assistance and organized for Kim Davis, the Kentucky county clerk who refused to issue marriage licenses to LGBTQ couples in 2015, to visit the coalition. The United Nations has granted ADF a special consultative status, which allows its attorneys access to treaty and convention drafting meetings. C-Fam also has the same status.
ADF is the largest designated anti-LGBTQ hate group in the nation, and the group and its representatives have supported a number of extreme positions, including criminalizing gay sex both domestically and abroad. According to a major investigative report by The Nation’s Sarah Posner, ADF has “redoubled its efforts to portray its views as mainstream” amid its growing influence, including its role in the U.S. Supreme Court case Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. ADF’s international arm has grown to “50 team members in 8 countries,” with a budget of more than 3.5 million euros, and engagement in “580 ongoing legal matters in 51 countries.” Its work in international courts proves that ADF is not simply interested in “free speech” and is in fact dedicated to eroding every aspect of LGBTQ equality both in the U.S. and abroad. It is to be seen whether ADF’s arguments prove successful in the Masterpiece Cakeshop case before our own nation’s high court, but failures abroad illustrate that international courts aren’t falling for them.
Anti-LGBTQ hate group Alliance Defending Freedom is negotiating with the Trump administration to undo Obama-era guidelines protecting transgender inmates
The Trump administration is considering undoing protections for incarcerated transgender people after reportedly being in “negotiations” with anti-LGBTQ hate group Alliance Defending Freedom (ADF). Transgender inmates are frequently housed with members of the opposite gender and experience the highest reported incidence of sexual violence in prisons and jails. The dangers they face are illustrated by a number of recent media reports on lawsuits trans women have filed regarding their treatment while incarcerated.
On January 4, The Dallas Morning News reported that ADF is representing plaintiffs in a lawsuit against the U.S. Bureau of Prisons (BOP). The suit demands that the bureau “remove all transgender inmates” from a female-only prison in Fort Worth, TX. In an effort to settle the lawsuit, ADF is “in negotiations with the federal government” over undoing policies that protect transgender inmates. The article predicted that the Trump administration was “likely to undo” those policies. ADF lawyer Gary McCaleb, who has also been active in ADF’s work against transgender student equality in schools, told The Dallas Morning News that he was “pretty confident” that the BOP would change some of its transgender inmate protections, particularly on the issue of whether transgender women are housed with non-trans prisoners. ADF’s work here is just one piece of its relentless campaign against LGBTQ equality.
In weighing whether to remove protections for incarcerated trans people, ADF and the Trump administration will likely be taking aim at two pieces of Obama-era guidance. One is a January 18, 2017, “Transgender Offender Manual,” which gave guidance on the treatment of transgender inmates and sought to “ensure the Bureau of Prisons (Bureau) properly identifies, tracks, and provides services to the transgender population.” The other guidance likely to be affected is the Justice Department’s 2012 standards under the Prison Rape Elimination Act of 2003 (PREA) that require detention facilities to “incorporate unique vulnerabilities of lesbian, gay, bisexual, transgender, intersex and gender nonconforming inmates into training and screening protocols.” Those rules say that “in deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, … the agency shall consider on a case-by-case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.”
According to Slate’s Mark Joseph Stern, transgender protections under PREA can work as “a mechanism through which trans inmates essentially sue prisons for violating their rights under federal law.” Thus, the attempts by ADF and the Trump administration to alter those policies could affect transgender inmates’ ability to sue for inhumane treatment.
Recent coverage of a number of lawsuits filed by transgender women who reported sexual and physical violence and harassment in prisons and jails demonstrates the countless hardships transgender inmates encounter. In November, the Pittsburgh Post-Gazette reported that a transgender woman
On January 5, the Associated Press reported that a transgender woman incarcerated in Illinois “is seeking a rarely granted transfer to a female prison” after experiencing “sexual assault, taunting and beatings” in male prisons. Her lawsuit described “how guards and fellow inmates would regularly single her out for brutal treatment,” saying “that guards made her and another transgender inmate perform sex acts on each other as the guards hurled slurs and laughed.” The AP reported on another filing from her lawyers that said it had been “devastating psychologically” for her to be unable to present “herself as a female” while incarcerated. The article noted the “greater risk of abuse” for trans inmates, including that “nearly 40 percent reported being victims of sexual misconduct by other inmates and guards — compared to around 4 percent of the general prison reporting such abuse.”
On that same day, Reuters reported that the state of Massachusetts “asked a federal judge to dismiss a lawsuit filed by a transgender woman” who is housed in a men’s prison. In her lawsuit, the woman said that she has been subjected “to strip searches by male guards” who “routinely groped” her and forced her “to shower in the presence of male inmates.” In yet another January report, the New York Post wrote that a transgender woman who was incarcerated in the notoriously violent Rikers Island jail complex is suing New York City and correction officials after being “beaten so severely by several guards that they broke her jaw, knocked out teeth and left her with two black eyes.”
In December, Aviva Stahl wrote a piece for The Village Voice, titled “New York City Jails Still Can’t Keep Trans Prisoners Safe,” analyzing the state of incarcerated transgender people in the city's jails. Stahl’s report noted that advocates say the city’s Department of Correction has failed to protect transgender prisoners and that “some trans women have been denied entry” into the city’s Transgender Housing Unit (THU) or “been transferred into male facilities after their external genitalia were observed in medical exams.” Stahl noted that these failures are violations “of national prison anti-rape standards,” the very standards that could be affected by the negotiations between the ADF and the Trump administration. The article added that transgender people have “the highest reported incidence of sexual violence of any demographic group studied, more than eight times the rate for prisoners overall,” according to the Bureau of Justice Statistics. A 2007 study found an even higher rate for transgender women: “59 percent of transgender women housed in men’s prisons had been sexually abused while incarcerated, as compared to 4 percent of non-transgender inmates in men’s prisons.”
These abuses are happening even with the Obama-era protections in place. If ADF is successful in getting the Trump administration to rescind these limited protections, trans lives and bodies will be at still further risk.
Media Matters looks back at some of the worst smears, lies, and liars attacking the transgender community in 2017
Right-wing media figures and anti-LGBTQ hate group representatives have a long history of spreading anti-trans hatred and lies, and 2017 was no different. From hate groups attacks on trans children and students to Alex Jones’ anti-LGBTQ extremism, Media Matters rounded up some of 2017’s most transphobic misinformers and their lies.
Right-wing conspiracy theorist and ally to President Donald Trump Alex Jones has cemented his place as an anti-trans extremist this year as he repeatedly used the slur “tranny,” dehumanized trans people's existence, and spread vile rhetoric about them. Though Jones has repeatedly said he is “not against gay people,” Media Matters has documented a pattern of extreme anti-LGBTQ rhetoric that proves otherwise.
In one segment on his show, for example, Jones said that transgender women may be gay men who want “to go pick up more guys” by getting “breast implants” and trying to “doll [their] hair up.” On another episode, Jones compared a transgender man who had a baby to Jones deciding that he is a “50-foot, red, purple, striped giraffe” that “give[s] birth to leprechauns.” In other segments, Jones has said that accepting transgender people is a slippery slope to “brain chips” and suggested that former first lady Michelle Obama has a penis and may have killed late comedian Joan Rivers, saying that he was “not putting trannies down” with the comments.
Jones accused transgender women of being gay men who want “to go pick up more guys” by getting breast implants and dolling up their hair.
[Genesis Communications Network, The Alex Jones Show, 7/10/17]
Jones compared a pregnant transgender man to a “50-foot, red, purple, striped giraffe” that gives “birth to leprechauns.”
[Genesis Communications Network, The Alex Jones Show, 8/3/17]
Jones said that accepting transgender people is a slippery slope to “brain chips.”
[Genesis Communications Network, The Alex Jones Show, 8/7/17]
In 2017, hate group leaders and right-wing media personalities continued their fight against LGBTQ equality in schools, attacking transgender students and children, their parents, and teachers who teach trans-inclusive lessons. These attacks are also happening on a policy level, with hate group Alliance Defending Freedom spending much of the year trying to block transgender student equality by inserting itself in debates at local school districts and in state legislatures about transgender students’ access to restroom facilities that align with their gender identity.
In July, anti-LGBTQ hate group American College of Pediatricians (ACPeds) President Dr. Michelle Cretella asserted that parents accepting their transgender children's’ gender identity is “child abuse” and spread myths and junk science about transgender people during an episode of Fox News’ Tucker Carlson Tonight. ACPeds is a small, deceptively named hate group with only a few hundred members that is meant to be confused with the 60,000-member American Academy of Pediatrics. In another example, right-wing media figures attacked a California elementary school teacher for reading two children’s books about gender identity to her kindergarten classroom after a transgender student brought one in to share. Right-wing website PJ Media suggested that parents “move out of [their] community” if they feel it is necessary to protect their children from being turned into “mind-numbed robots who nod affirmatively in the face of lies,” and anti-LGBTQ FoxNews.com contributor Todd Starnes called the events “an example of how schools have been indoctrination grounds for the LGBT agenda” and “activist bullies.”
Anti-LGBTQ hate group ACPeds’ Cretella called accepting transgender children “child abuse.”
[Fox News, Tucker Carlson Tonight, 7/24/17]
Right-wing figures and anti-LGBTQ hate groups continued to reinforce the debunked “bathroom predator” myth, which asserts that policies allowing trans people to use restrooms that align with their gender identity will create an opening for sexual predators to assault women. That myth has been long debunked by experts and government officials in more than a dozen states, school administrators, and sexual assault and domestic violence prevention experts, but pundits and anti-LGBTQ figures continued to push the lie in 2017.
On February 15, Tony Perkins, the president of anti-LGBTQ hate group Family Research Council (FRC), dubiously claimed that Target’s trans-inclusive bathroom policy gives people a “good chance” of seeing a “live rendition of CSI … because increasingly you’ve had crime scenes in their restrooms and in their changing rooms.” Similarly, on an episode of a special panel show on Houston’s Fox 26, president of the anti-LGBTQ hate group Conservative Republicans of Texas (CRTx) Jared Woodfill said that “registered sex offenders who somehow believe that they’re a woman” would be “allowed to go into the restroom where our wives, our daughters, and our mothers are going to be.” In yet another example, Charmaine Yoest, a right-wing political commentator who is now in a top communications post at the Department of Health and Human Services, asserted that “the real issue” with trans-inclusive policies “is the opening that it provides for sexual predators … who might be using this as a way to get access to young girls and women.
FRC’s Perkins claimed that Target’s trans-inclusive restroom policy gives people a “good chance” of seeing a “live rendition of CSI … because increasingly you’ve had crime scenes in their restrooms and in their changing rooms”
[Fox Business, Varney & Co., 2/15/17]
CRTx’s Woodfill claimed that “registered sex offenders who somehow believe that they’re a woman” would be “allowed to go into the restroom where our wives, our daughters, and our mothers are going to be” with trans-inclusive restroom policies.
[Fox 26, What’s Your Point, 5/22/17]
Former right-wing pundit Yoest said that “the real issue” with trans-inclusive policies “is the opening that it provides for sexual predators … who might be using this as a way to get access to young girls and women.”
[CNN, CNN Newsroom, 2/23/17]
When Trump announced he would ban transgender people from the military, right-wing media and hate groups pushed misinformation about transgender service members and called them “mentally ill.” (The ban has so far been paused by the courts.) Other right-wing lies about the ban included the claim that the cost of medically necessary health care for transgender service members would be in the billions, that allowing transgender members to serve would interfere with military readiness and cohesion, and that a majority of transgender people are unable to be deployed due to their health care needs. Analysts have found minimal additional costs involved in providing health care to transgender service members and no negative impacts on military cohesion or readiness.
Right-wing pundit Ben Shapiro responded to the ban by saying that “the military should not accept mentally ill soldiers.” Shapiro tweeted that “no one has the ‘right’ to serve in the military,” and again implied that transgender people have a “mental illness.” Retired Lt. Gen. Jerry Boykin, who is the vice president of anti-LGBTQ hate group FRC, similarly pushed the myth that transgender people have some “kind of physical or mental illness” and claimed that their inclusion in the military was part of “a test bed for nothing but social experiments.” According to the American Psychological Association, “Identifying as transgender does not constitute a mental disorder.” Other leading medical organizations agree.
FRC’s Boykin pushed the lie that transgender people are mentally ill, saying, "We shouldn't recruit people with any kind of physical or mental illness."
[Fox News, The Story with Martha MacCallum, 8/24/17]
Shapiro claimed that “no one has the ‘right’ to serve in the military. People are 4F [unfit to serve] for a variety of reasons. Mental illness can be such a reason.”
No one has the "right" to serve in the military. People are 4F for a variety of reasons. Mental illness can be such a reason.
— Ben Shapiro (@benshapiro) July 26, 2017
Shapiro said that “The military should not accept mentally ill soldiers,” but Trump’s announcement “should not have been done by tweet.”
1. The military should not accept mentally ill soldiers.
2. This should not devalue the heroism of those who want to serve. (/1)
— Ben Shapiro (@benshapiro) July 26, 2017
Over the past year, right-wing media figures attacked transgender people with offensive language, anti-trans slurs, and even the denial of trans existence. In addition to the steadfast slandering of transgender people by Alex Jones, other right-wing media figures employed transphobic rhetoric that can have severe consequences on transgender people and youth. Calls from transgender youth to the Trevor Project’s suicide hotline increased this year, and the project cited “anti-transgender rhetoric” coming from elected officials and others as “putting lives at risk.”
In a November rant lamenting the surge of LGBTQ victories in 2017 elections, right-wing radio host Rush Limbaugh used the anti-trans slur “tranny” and insisted that LGBTQ people be referred to only as “homosexual,” saying, “the word is homosexual.” On Fox, Carlson hosted a transgender guest and insulted her by accusing transgender people of “faking” and repeatedly pushing the myth that people can just “decide” to be transgender on a whim. This kind of rhetoric places doubt on transgender existence.
After trans candidates won 2017 elections, Limbaugh insisted that all LGBTQ people be referred to as “homosexual” and used the anti-trans slur “tranny.”
[Premiere Radio Networks, The Rush Limbaugh Show, 11/9/17]
Carlson insulted a transgender guest and accused transgender people of "faking."
[Fox News, Tucker Carlson Tonight, 2/24/17]
The hate group led the fight against queer and trans equality this year, but many in the press fell for its "free speech" narrative
Alliance Defending Freedom (ADF) began 2017 by being designated as an anti-LGBTQ hate group by the Southern Poverty Law Center (SPLC) and finished the year arguing before the Supreme Court in Masterpiece Cakeshop v. Colorado Civil Rights Commision. Throughout that time, ADF fervently opposed LGBTQ equality at every step while also moving its hardline extremism more and more into the mainstream. The media, in turn, aided the group’s efforts by largely failing to contextualize its unrelenting campaign against queer and trans people.
In the landmark Masterpiece Cakeshop case, ADF is representing plaintiff Jack Phillips, who was sued after he refused to bake a wedding cake for Charlie Craig and David Mullins, a gay couple. ADF argued before the Supreme Court on December 5, and the court will decide the case next year. But Masterpiece Cakeshop is just the tip of the iceberg of ADF’s anti-LGBTQ work this year, all of which has one thing in common: seeking to make LGBTQ people second-class citizens.
ADF’s representation of the plaintiff in Masterpiece Cakeshop case did not occur in a vacuum. The group and its allied lawyers have worked on at least eight other legal cases involving religious exemptions this year. Religious exemptions are often used by anti-LGBTQ groups and people to justify discrimination under the guise of “religious freedom.” ADF helped write, promote, and justify Mississippi’s sweeping anti-LGBTQ religious exemption law and fought for it in court, and it worked with Attorney General Jeff Sessions before he issued religious exemptions guidance in October. In addition, ADF has been leading the fight against transgender student equality in schools across the United States, including by influencing anti-trans “bathroom bills” in at least eight states.
SPLC labeled ADF as an anti-LGBTQ hate group in February due to a history of the group’s leaders and affiliated lawyers “regularly demoniz[ing] LGBT people, falsely linking them to pedophilia, calling them ‘evil’ and a threat to children and society, and blaming them for the ‘persecution of devout Christians.’” The hate group designation was also conferred in part for ADF’s history of supporting anti-sodomy laws, which effectively criminalize homosexuality. In 2003, the group filed an amicus brief in Lawrence v. Texas that defended state sodomy laws and called “same-sex sodomy … a distinct public health problem.” ADF also supports attempts to turn LGBTQ people straight through dangerous conversion therapy, which every mainstream medical group has discredited for decades and which has severe mental and medical health consequences for its victims.
One hallmark of ADF’s year -- as it headed to the Supreme Court for one of its most consequential cases -- has been its work alongside its allies and a sympathetic right-wing media to mainstream its image and move the goalposts on what is considered hate. In a report for The Nation, Sarah Posner summarized the group’s strategy: “Increasingly wary of being called discriminatory in the wake of a decision last year by the Southern Poverty Law Center to label it a hate group, ADF has redoubled its efforts to portray its views as mainstream.” Posner quoted First Amendment attorney Greg Lipper saying that ADF has been able to “‘take an extreme position’ and mainstream it so thoroughly that it has become ‘a viable theory at the Supreme Court.’”
Media Matters has found that major newspapers like The Washington Post and The New York Times tend to avoid using SPLC’s “hate group” label when it comes to anti-LGBTQ groups but frequently identify other hate groups designated by SPLC, particularly white nationalist groups. ADF and its allies have taken advantage of media’s hesitancy to use the label and actively worked to discredit SPLC’s designation, especially when media outlets do use it. In September, ADF and a number of other groups wrote a letter to “members of the media” asking them to stop using the designation. The same groups signed a similar letter in June attacking a nonprofit database for using the designation; the database eventually succumbed to the pressure and announced its decision to stop using the label partly because of “harassment and threats directed at our staff and leadership.” The groups involved in these campaigns comprise a sort of “who’s who” of anti-LGBTQ bigotry and are highly influential.
When ABC News and NBC News used the “hate group” designation to describe ADF in June reports, ADF demanded a retraction from ABC and began an aggressive media strategy to attack SPLC and attempt to discredit ABC’s and NBC’s reports. Right-wing media figures joined the chorus and echoed ADF's and others’ attacks on the designation, and ADF representatives soon made the rounds on Fox News, appearing on Fox & Friends, The Story with Martha MacCallum, and Tucker Carlson Tonight. The network has proven to be a safe space for the group to push this narrative. In July, Tucker Carlson called SPLC a “totally discredited but extremely rich left-wing organization” that attempts to “shut down legitimate debate by labeling ideas it disagrees with as ‘hate speech.’” Later in the segment, Carlson interviewed ADF Vice President Kristen Waggoner about ABC’s and NBC’s reports. In another segment, Carlson lamented that SPLC’s list of hate groups “lump[ed]” anti-LGBTQ groups with “Nazis and crazy people.” This flawed argument has been recycled thoroughly by hate groups and right-wing media.
But it’s not just right-wing media that has been sympathetic to this campaign to discredit the “hate group” label. CNN changed a headline from “Here are all the active hate groups where you live” to “The Southern Poverty Law Center’s list of hate groups” after pressure from right-wing figures and media. News outlets are more than just hesitant to use the “hate group” label, though, and often fail to give any context to ADF’s work at all. Media outlets owe it to their audiences to, at the very least, contextualize ADF and groups like it. Yet a lot of coverage has been lacking in that context.
Much of the reporting around the Masterpiece Cakeshop case fell into this trap. Time and time again, media outlets failed to contextualize ADF, instead simply noting that it was arguing the case or sometimes calling it “conservative.” In their reports on the case, The Washington Post, NPR, Los Angeles Times, and The New York Times all mentioned ADF’s role in the case but failed to mention its years-long campaign against LGBTQ equality, and those compose just a small sampling of a larger problem. A report by Time explicitly said that ADF “is making the argument that [the case] is fundamentally not about LGBTQ discrimination but about free speech” but also failed to note any of ADF’s other work combating LGBTQ equality. The piece did appropriately address the ramifications of the case for queer and trans rights, but it failed to counter ADF’s narrative or give background to its work, which would’ve shown the readers that ADF’s argument about the case “not [being] about LGBTQ discrimination” is without any merit in the context of its other work.
Leaving out important context about ADF can give readers an impression that the case, or even ADF’s work as a whole, may truly be about “free speech” rather than discrimination against LGBTQ people. ADF’s history proves that, for the group, the Masterpiece case is not about so-called “artistic freedom” or the First Amendment; it’s about preventing LGBTQ people from being fully recognized citizens in public and even private life. If news outlets won’t call it hate in 2018, they can at least give enough information for their readers to see it for themselves.
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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.
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"
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:
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.
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.
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.”
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.
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.”
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.