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Alliance Defending Freedom

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  • These national anti-LGBTQ groups are working to make anti-trans discrimination legal in Massachusetts

    ››› ››› KAYLA GOGARTY

    National anti-LGBTQ groups are aligned with and have worked alongside a campaign in Massachusetts that would repeal the state’s trans-inclusive nondiscrimination protections, which protect transgender people from discrimination in housing and the workplace and give them equal access to public facilities such as bathrooms and locker rooms that align with their gender identity. The anti-trans Keep MA Safe campaign was started by Massachusetts Family Institute, a state anti-LGBTQ group with direct ties to major national groups Family Policy Alliance, Alliance Defending Freedom, and Family Research Council.

  • Only MSNBC hosted LGBTQ opponents of the Trump-Pence administration's plan to define away trans identities

    While MSNBC aired segments featuring six LGBTQ people, Fox News hosted anti-LGBTQ group leader Tony Perkins and two anti-trans gay women

    Blog ››› ››› BRIANNA JANUARY


    Melisa Joskow / Media Matters

    The Trump-Pence administration is “considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth,” which would be “the most drastic move yet in a governmentwide effort to roll back recognition and protections of transgender people,” according to an October 21 New York Times report. When TV news reported on the proposal, only MSNBC hosted LGBTQ guests to condemn it, while Fox hosted primarily anti-trans voices, including two gay women and major anti-LGBTQ group leader Tony Perkins.

    The Times reported that the definition would be established under Title IX, which bars “gender discrimination in education programs that receive government financial assistance.” Title IX is enforced in part by the “Big Four” federal agencies -- the departments of Education, Justice, Health and Human Services, and Labor -- most of which currently employ anti-LGBTQ group alumni who would potentially implement the policy. According to the Williams Institute, there are roughly 1.4 million American adults who identify as transgender, all of whom would be impacted by the proposed change. CNN reported that “if adopted, such a definition could exclude transgender people from existing federal civil rights protections in education, employment and access to health care.” The move is part of a greater trend of the Trump-Pence administration going after transgender people, and transgender advocates and their allies have sounded the alarm about the proposal and are fighting back.

    How TV news covered the proposal

    Following the Times’ reporting on the Trump-Pence administration’s proposal, broadcast and cable TV news spent a moderate amount of time covering the issue. MSNBC turned to transgender and queer guests to discuss the impacts of the proposal, while Fox News hosted primarily anti-transgender guests, including Perkins. Though generally critical of the proposal, CNN’s segments relied entirely on CNN hosts, commentators, and reporters, none of whom openly identify as LGBTQ.

    In discussing the proposal, MSNBC hosted six LGBTQ people, four of whom identify as trans, who were able to explain the personal impact the Trump administration’s proposal would have on the trans community.

    On October 23, MSNBC Live with Hallie Jackson hosted Laverne Cox, a transgender actress and activist, who outlined the Trump-Pence administration’s history of anti-trans policies, as well as those proposed around the country in state legislatures. Cox said that state legislatures “are continually trying to introduce legislation banning transgender people from public life” but noted that “we have fought those battles, and we have won.” She explained that “over and over again the courts have held that transgender people are covered by Title IX and Title VII.” Cox said, “They want to make us afraid, but we need not be afraid.”

    MSNBC Live with Hallie Jackson aired an October 22 segment featuring National Center for Transgender Equality's (NCTE) Raffi Freedman-Gurspan, who was the first out transgender person to be appointed to a White House job. Freedman-Gurspan called the proposal “an abomination” and highlighted that the new definition does not align with medical consensus or the lived experiences of trans people. She also noted the many anti-trans actions and rhetoric of the Trump-Pence administration and highlighted activism by the trans community and their allies who are ready to fight the proposal. Freedman-Gurspan ended the segment by saying, “We won’t be erased. We are standing up. … We are going to get through this.”

    During other segments, MSNBC also hosted Mara Keisling, a trans woman and president of NCTE; Hannah Simpson, a trans woman and activist; Masha Gessen, an LGBTQ journalist; and Sarah Kate Ellis, a lesbian and president of GLAAD. Additionally, Rachel Maddow, an out lesbian, did a monologue on her October 22 show about the proposal in which she contextualized the history of Republican administrations rolling back LGBTQ rights.

    While MSNBC turned to LGBTQ people who were either transgender or trans allies for their insights on the potential impact of the Trump-Pence administration’s proposal, Fox News hosted primarily anti-transgender guests, including two gay women and extreme anti-LGBTQ group Family Research Council’s (FRC) President Tony Perkins.

    In Fox News’ first substantial segment about the proposal, Fox News at Night with Shannon Bream aired a debate between liberal radio host Ethan Bearman and FRC’s Perkins, who was also appointed to the U.S. Commission on International Religious Freedom in May. During the segment, Perkins praised the proposal and resorted to fearmongering when presented with historical facts about gender identity. Perkins also pushed the the thoroughly debunked myth that trans-inclusive policies pose a threat to the safety of women and girls. From the segment:

    What we’re doing by this policy that was put in place without an act of Congress -- this was the Obama administration -- we’re putting people at risk. We're actually denying people equal protection under the law, because under this, we would force women that are going to battered shelters for abused women, we would force them under government policy to be housed with men, biological men. This makes no sense.

    On October 23, Tucker Carlson, who has an anti-transgender track record himself, hosted Tammy Bruce, an anti-trans lesbian and president of the conservative group Independent Women’s Voice. In the past, Bruce has criticized trans-inclusive restrooms and compared being transgender to “a child” thinking they are “a cocker spaniel. She has also defended Jack Phillips, the Christian baker who refused to bake a wedding cake for a gay couple and who was represented by extreme anti-LGBTQ powerhouse Alliance Defending Freedom at the Supreme Court. During the segment, Carlson claimed that the government recognizing the trans community would hurt women, and Bruce leveraged her identity as a lesbian to dismiss the impact of the proposal on trans people.

    Additionally, Fox News’ The Story with Martha MacCallum hosted Camille Paglia, also an LGBTQ-identified person who is critical of trans identities. During the segment, Paglia pushed anti-trans narratives about biology and said that trans-inclusive policies are “unfair” in areas like athletics. She also described herself as transgender while criticizing the trans community. Paglia has made similar comments in the past, saying, "Although I describe myself as transgender (I was donning flamboyant male costumes from early childhood on), I am highly skeptical about the current transgender wave." In other reporting, it appears that she identifies as gay and uses female pronouns.

    CNN had at least eight separate significant discussions, news reads, or reports covering the proposal but failed to host a single LGBTQ person in its reporting. Though the network’s coverage was generally critical of the proposal, CNN’s shows only used staff commentators and reporters to discuss it.

    Broadcast TV news outlets ABC and CBS barely covered the story at all, only airing news reads with no comprehensive segments or reporting, and both networks failed to feature any LGBTQ voices. NBC, however, aired a package on NBC Nightly News with Lester Holt that included a clip from NCTE’s Freedman-Gurspan’s appearance on MSNBC Live with Hallie Jackson. It also aired a report on Today.

    Additionally, PBS aired a segment featuring LGBTQ legal group Lambda Legal’s Sharon McGowan and was the only TV outlet so far to contextualize the anti-LGBTQ track record of Roger Severino, head of the Department of Health and Human Services’ Office for Civil Rights, the department spearheading the proposal.

    Methodology

    Media Matters searched Nexis transcripts for cable TV coverage appearing between October 21 and 23 on CNN, Fox News, and MSNBC -- as well as transcripts of broadcast TV coverage on ABC, NBC, and CBS -- for mentions of the words “transgender” or “health and human services” as well as mentions of the words or variations of the words “trans,” “sex,” or “gender” occurring within 10 words of the words or variations of the words “memo,” “policy,” “definition” or “Trump.” Additionally, Media Matters conducted searches on Snapstream for the same time frame for the same terms. “Significant discussion” is defined as two or more speakers in the same segment discussing the proposal with one another.

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

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

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


    Melissa Joskow / Media Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

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

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

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

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

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

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

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

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

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

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

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

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

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

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

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

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

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

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

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

    Additional research by Brianna January.

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

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

    Blog ››› ››› BRENNAN SUEN


    Sarah Wasko / Media Matters

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

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

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

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

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

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

  • Extreme anti-LGBTQ groups are uniting behind Trump Supreme Court nominee Brett Kavanaugh

    Blog ››› ››› BRENNAN SUEN


    Melissa Joskow / Media Matters

    Extreme anti-LGBTQ groups such as the Family Research Council and Liberty Counsel are unifying behind President Donald Trump’s nominee to the Supreme Court, Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit.

    Trump nominated Kavanaugh to the court on July 9, and soon after, extreme anti-LGBTQ groups started pouring in praise. As a result, LGBTQ advocates and groups have sounded the alarm. The highly influential Family Research Council (FRC), whose president, Tony Perkins, reportedly was “involved in discussions with the White House” on the nomination, promoted Kavanaugh “heavily” when he was initially nominated to the D.C. Circuit in 2005, and Perkins quickly responded to his Supreme Court nomination by pledging “to help move the grassroots to gain the confirmation of Judge Kavanaugh.” He also praised Kavanaugh for previous rulings on “religious freedom and free speech” issues and for his “long and praiseworthy history of judging as an originalist.” FRC’s position is that “homosexual conduct is harmful to the persons who engage in it and to society at large” and “is by definition unnatural,” and the organization promotes the idea that “every effort should be made to assist such persons to overcome those attractions,” including by actively working against efforts to protect LGBTQ youth from the harmful and discredited practice of conversion therapy.

    Other extreme anti-LGBTQ organizations mirrored FRC’s messaging. Liberty Counsel praised Kavanaugh for a “pragmatic approach to judging” and compared his originalist judicial philosophy to that of notoriously anti-LGBTQ Justice Antonin Scalia. The group’s founder and chairman, Mat Staver, said, “I support the nomination of Judge Brett Kavanaugh to the Supreme Court,” and called him “the right kind of judge we need on the bench.” Staver is known for using extreme rhetoric against LGBTQ people, including comparing them to pedophiles and saying that LGBTQ History Month is a “sexual assault on our children.”

    The National Organization for Marriage, a group that was instrumental in rolling back marriage equality in California in 2008, called Kavanaugh an “outstanding pick” who “will be strong on our issues” and a “constitutionalist.” The group noted that it “intends to do everything [it] can to secure the confirmation of Judge Kavanaugh,” including launching a “Marriage Hero campaign” to organize anti-LGBTQ people at a grass-roots level in favor of his nomination. A July 10 blog post outlined several reasons NOM supports Kavanaugh.

    The Pacific Justice Institute (PJI), which in 2013 led a smear campaign against a transgender teenager who was harassed and received death threats after her name was leaked to the public, issued a statement calling Kavanaugh “fair and faithful to the Constitution” and noting that he had ruled in favor of PJI’s clients in a case about prayer at the presidential inauguration. PJI’s statement, however, was less enthusiastic than that of other groups and asserted that there are “important unanswered questions about his jurisprudence” and characterized his record on abortion issues as “mixed.” The American Family Association (AFA) showed a similar hesitation and initially called on its supporters to oppose Kavanaugh’s nomination. The following day, however, AFA issued another statement walking back its opposition and lining up more closely with other extreme anti-LGBTQ groups:

    [A]fter hearing the concerns of some of our supporters, and after hearing the passionate defense of Judge Kavanaugh by many we consider to be friends in the pro-life movement, we are willing to let this process play out. We eagerly await the confirmation hearings when we hope to get clarification from Judge Kavanaugh on aspects related to our concerns.

    Though extreme group Alliance Defending Freedom (ADF) claims to not “take a position on the merits of Supreme Court nominees,” its Twitter account posted a New York Times op-ed by a liberal law professor making the case to confirm Kavanaugh. Several ADF staff and board members have also tweeted in support of the nomination or shared articles backing the choice. ADF is one of the most influential anti-LGBTQ groups in the country and is leading the fight against LGBTQ equality at nearly every level, including working to combat transgender student equality, codifying discrimination against the community via religious exemptions, and exporting its anti-LGBTQ agenda abroad.

    It’s clear that though a few anti-LGBTQ groups showed some initial hesitation toward Kavanaugh’s nomination, they have quickly coalesced behind him. These groups are highly coordinated and would not support a nominee who they did not think shared their extreme anti-LGBTQ values. AFA’s statement reversing its opposition to Kavanaugh due to “the passionate defense of Judge Kavanaugh by many we consider to be friends in the pro-life movement” is telling on its own; these groups know what they would be getting with a Supreme Court Justice Kavanaugh, and it won’t be good for LGBTQ people.

    Additional research by Rebecca Damante.

  • Maine newspaper editorial boards call on Gov. Paul LePage to protect LGBTQ youth from dangerous conversion therapy

    Blog ››› ››› BRIANNA JANUARY


    Sarah Wasko / Media Matters

    The editorial boards of major newspapers in Maine are urging the state’s Republican governor, Paul LePage, to sign a bill that would protect LGBTQ youth from conversion therapy, a discredited and harmful practice that seeks to change one’s sexual orientation or gender identity.

    In late June, lawmakers in Maine passed a bill that would protect LGBTQ youth from the dangerous and discredited practice of conversion therapy. If LePage signs the bill into law, the state will become the 14th (in addition to Washington, D.C.) in the country to ban the practice; dozens of municipalities across the country have also enacted similar policies. Governors from both sides of the aisle have signed conversion therapy bills, but according to the Williams Institute, the practice remains prevalent throughout the country: The organization estimated in January that 20,000 LGBTQ youth would “receive conversion therapy from a licensed health care professional before they reach the age of 18” in the states that at the time did not protect youth from the practice. Conversion therapy is supported by national anti-LGBTQ groups including the Alliance Defending Freedom, and its advocates frequently appear in local news to spread dangerous lies about it.

    As LePage considers signing his state’s recently passed bill, two of the largest newspapers in the state are urging him to to protect LGBTQ Mainers.

    The Portland Press Herald’s editorial board urged LePage to protect LGBTQ youth in the state from conversion therapy in a July 2 editorial, noting that should he refuse to sign the bill, he would be the first governor to veto such a measure. The editorial highlighted the major medical and psychological associations that have denounced the practice and cleared up some common misconceptions associated with efforts to protect LGBTQ youth:

    The bill does not interfere with any religious tradition. Preachers can still talk about sin and redemption as they see it. Parents remain free to communicate their values to their children.

    The only thing that would change is that a practitioner in Maine could no longer hang a shingle and charge money for pseudo-scientific treatment with the state’s approval.

    Same-sex attraction is not something that needs to be cured. The government also should have no role in telling people that their gender expression is right or wrong. Ethical psychotherapists have long ago stopped attempting this treatment because it doesn’t help their patients – it harms them.

    Thirteen other states have passed a bill like this, and no governor has vetoed one. It’s time Maine joined them by taking this humane step.

    The Bangor Daily News’ editorial board drew similar conclusions in an editorial also published on July 2. In it, the paper noted that conversion therapy has been condemned by major medical associations and that the practice “doesn’t work.” It also noted its harmful mental and physical health outcomes, which can include “shame, depression, anxiety, drug use and suicide among those its practitioners seek to ‘convert.’” The paper further wrote that “LGBTQ youth are already vulnerable to family rejection and experience homelessness, substance use, depression and suicide at higher rates than their heterosexual peers” and urged LePage to sign the legislation into law.

  • South Carolina's budget bill secretly contains an anti-LGBTQ adoption policy, but local media don't seem to know about it

    Update: The budget has been sent to the governor

    Blog ››› ››› BRIANNA JANUARY


    Melissa Joskow / Media Matters

    UPDATE (6/29) : South Carolina legislators approved the state’s budget bill, keeping the anti-LGBTQ provision intact. If signed into law, South Carolina would be the third state to legalize discrimination in adoption and foster care this year, following Kansas and Oklahoma.

    South Carolina’s legislature has quietly included an anti-LGBTQ adoption and foster care provision in the state’s 500-plus-page budget bill, and media in the state have not once mentioned it as the state’s legislature prepares to take up the budget later this month. This move comes just weeks after Oklahoma and Kansas passed stand-alone bills legalizing discrimination against prospective LGBTQ parents, which received scant national media coverage during their deliberation. If South Carolina’s budget passes, those three states will be the only ones in the country to have passed anti-LGBTQ measures through their legislatures thus far in 2018.

    According to LGBTQ advocacy organization the Family Equality Council, South Carolina legislators have “quietly written” a one-paragraph amendment to the state’s proposed 500-plus-page budget bill that would allow adoption and foster care agencies to receive funds even if they deny placement to LGBTQ families and non-Christian families, among others, if they cite “a sincerely-held religious belief or moral conviction.” Two similar measures, written as stand-alone bills, passed earlier this year in Oklahoma and Kansas. At this time, those two bills are the only anti-LGBTQ measures that have passed in state legislatures this year; South Carolina’s measure, if passed, would be the third adopted in 2018, making South Carolina the 10th state in the country to codify discrimination against prospective LGBTQ parents. These efforts are part of a broader state-level strategy known as "Project Blitz" by the Christian far-right and are supported and influenced by anti-LGBTQ hate groups such as Alliance Defending Freedom.

    Earlier in the year, South Carolina Gov. Henry McMaster signed an executive order to help permit a child welfare agency, Miracle Hill Ministries, to discriminate against non-Christian families. And in what has been called an “unusual move,” he also asked the federal government for a religious exemption to allow that same agency to discriminate in its foster placements.

    A Media Matters analysis found that major local print and TV news outlets serving South Carolina did not report on the state budget’s anti-LGBTQ adoption and foster care amendment between the time of its introduction on March 13 through June 19, a week before the legislature reconvenes for a second special session on June 27. Other attempts to pass similar anti-LGBTQ adoption initiatives around the country were introduced as stand-alone bills; hiding the measure as an amendment within the large budget bill instead of introducing it as a stand-alone bill may have enabled legislators in South Carolina to avoid press on the issue.

    In an earlier study, Media Matters found that national media virtually ignored the consideration of the anti-LGBTQ adoption bills in Kansas and Oklahoma, failing to educate audiences on the only anti-LGBTQ measures to pass so far this year during their deliberation. When national media fail to report on historic discriminatory bills like those in Kansas and Oklahoma, legislators in other states may be emboldened to try to pass similar measures quietly, like what’s happening in South Carolina. It's time to sound the alarm about these discriminatory bills, and local news is a perfect place to start.

    Methodology

    Media Matters searched Nexis for the top four print outlets serving South Carolina -- the Asheville Citizen-Times, The Greenville News, The Post and Courier, and The State -- between March 13 and June 19 for mentions of the word “budget” within 25 words of the words -- or variations of the words -- “adopt,” “adoption,” “foster care,” “same-sex,” “gay,” “LGBT,” “non-christian,” “religion,” “faith,” “amendment,” or “38.29” (the section number of the budget amendment). Media Matters' analysis was limited by reports and outlets available on Nexis. 

    Media Matters also searched iQ media for all South Carolina markets and surrounding markets serving South Carolina -- Greenville-Spartanburg-Asheville-Anderson; Columbia; Charleston; Myrtle Beach-Florence; Charlotte; Savannah; and Augusta-Aiken -- between March 13 and June 19 for mentions of the words or variations of the words “adopt,” “foster care,” “38.29,”and “budget” within 25 words of the words or variations of the words “gay,” “same-sex,” “LGBT,” and “amendment.”

    Additional research by Rebecca Damante. 

  • On MSNBC, Hugh Hewitt defends an anti-LGBTQ hate group and doesn’t disclose it’s his major radio sponsor

    Blog ››› ››› ERIC HANANOKI


    Sarah Wasko / Media Matters

    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).

    Retail giant Amazon recently removed ADF from its Amazon Smile program, which allows customers to “donate a portion of the purchase price to your favorite charitable organization.”

    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.”

    Hewitt’s ADF conflict of interest mirrors what Fox News has allowed Sean Hannity to do on his Fox News program regarding his radio sponsors.

    MSNBC did not respond to a request for comment from Media Matters.

  • Masterpiece Cakeshop was just the beginning. ADF is pushing several other license-to-discriminate cases through the courts.

    Blog ››› ››› BRENNAN SUEN


    Sarah Wasko / 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:

    1. 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. 

    2. 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.”

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.