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

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

    Blog ››› ››› KAYLA GOGARTY


    Melissa Joskow / Media Matters

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

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

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

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

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

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

    ADF allies in federal agencies

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

    Several ADF allies have notable positions in federal agencies:

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

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

    ADF allies in federal and state courts

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

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

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

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

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

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

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

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

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

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

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

    ADF allies are representatives in Congress and state legislatures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Additional research by Brennan Suen and Rebecca Damante.

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

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

    Blog ››› ››› KAYLA GOGARTY


    Melissa Joskow / Media Matters

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Additional research by Brennan Suen

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

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

    Blog ››› ››› BRIANNA JANUARY


    Media Matters / Melissa Joskow

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

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

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

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

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

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

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

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

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

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

  • Right-wing media react in disgust after openly transgender candidates win historic elections

    ››› ››› ALEX MORASH & BRENNAN SUEN

    Right-wing media reacted in disgust to the historic November 7 win by Danica Roem -- one of a number of openly transgender candidates, including Andrea Jenkins in Minnesota, to take races that day. Anti-LGBTQ websites The Federalist and LifeSite News joined a handful of white nationalists in attacking Roem, a transgender woman who is set to be the first openly transgender candidate elected and seated in a state legislature in U.S. history, after her win in Virginia. Right-wing figures called her "transgendered" and a man, compared her to a Nazi, and said her “claim to fame is transgenderism.”

  • Newspapers are turning to hate group Conservative Republicans of Texas over the state's proposed bathroom ban

    Conservative Republicans of Texas is an anti-LGBTQ hate group whose leaders have said that a “key part of the homosexual agenda” is “overturning the laws prohibiting pedophilia”

    ››› ››› REBECCA DAMANTE & BRENNAN SUEN

    National and local newspapers have repeatedly quoted and highlighted anti-LGBTQ hate group Conservative Republicans of Texas (CRT) when reporting on proposed legislation in Texas that would prevent transgender people from using the restroom that aligns with their gender identity. CRT’s leaders have compared LGBTQ people to “Nazis,” claimed that a “key part of the homosexual agenda” is “overturning the laws prohibiting pedophilia,” and said that the “word transgender is a euphemism … for the word pervert.”

  • Right-wing media are freaking out as anti-LGBTQ hate groups are called out

    Blog ››› ››› BRENNAN SUEN & ERIN FITZGERALD


    Sarah Wasko / Media Matters
     

    Following Attorney General Jeff Sessions’ controversial speaking engagement at an event hosted by the Alliance Defending Freedom (ADF), right-wing media figures lashed out at ABC and NBC News for accurately reporting that the Southern Poverty Law Center (SPLC) has designated ADF as an anti-LGBTQ hate group.

    On July 11, Sessions spoke at an event hosted by ADF, the nation’s largest anti-LGBTQ hate group. Many progressive and LGBTQ advocacy organizations objected to Sessions’ decision to attend the event, in part because of ADF’s long-standing history of anti-LGBTQ extremism. Sessions’ office initially refused to release the transcript of his speech, but it was leaked to the conservative and extreme anti-LGBTQ website The Federalist.

    In their reporting on Sessions’ speech, both ABC News and NBC News accurately noted that the SPLC has designated ADF as an “anti-LGBT hate group.” ABC reported that SPLC described ADF as a group that “specializes in supporting the recriminalization of homosexuality abroad, ending same-sex marriage and generally making life as difficult as possible for LGBT communities in the U.S. and internationally,” also adding that ADF objected to its hate group designation as a “lie.” The report also quoted SPLC’s deputy legal director for its LGBT Rights Project, who said ADF had “rightfully earned” the hate group label.

    In multiple reports, NBC News described ADF as “conservative Christian law firm that was designated a ‘hate group’ in 2016 by the Southern Poverty Law Center” and highlighted its role in promoting bathroom bans “aimed at keeping transgender people out of restrooms and other private facilities that correspond to their gender identity and presentation.” NBC noted ADF’s years-long attempts at criminalizing homosexuality and Sessions’ concerning record on LGBTQ issues. The network also included a response from an ADF attorney who attempted to delegitimize SPLC by calling it “increasingly irrelevant” and “extreme.”

    Following these reports, right wing media figures quickly attacked NBC and ABC News. ADF responded as well, issuing a statement demanding a retraction from ABC and claiming that the network had “committed journalistic malpractice,” saying it “cut and paste false charges ... by a radically left-wing, violence-inciting organization.”

    In a July 13 National Review article, senior writer and former ADF senior counsel David French called SPLC a “dangerous joke” that spreads “vicious hate.” French claimed that ADF was labeled a hate group “merely because [its members] advocate for orthodox Christian principles and the liberty to live those principles.” He also suggested that there are only two forms of extremism that SPLC should track -- “racist terrorists and white supremacists” -- and concluded that “media outlets who use the SPLC to assess Christian speech expose only their own bias and incompetence.”

    Mollie Hemingway, senior editor at The Federalist, declared that ABC News reporters “smeared Christians who believe the Bill of Rights secures religious liberty as a ‘hate group’” and argued that ADF “is not a hate group at all, but a civil liberties organization that battles for religious liberty.” Hemingway went on to warn the media against using SPLC’s designations in the future, threatening that they would be turning “journalism into anti-religious propaganda on behalf of a partisan group” and could potentially “be perceived as enemies of average Americans.”

    Katrina Trinko, managing editor of The Daily Signal, wrote that SPLC’s designations put “conservatives’ safety at risk” of persecution and violence by the left, and that “once again, the mainstream media is demonstrating it doesn’t care about the impact of extremist rhetoric on conservatives.” Right-wing outlet The Daily Caller published a post about ADF’s demand that ABC News retract its story, writing that SPLC “frequently smears conservatives as ‘extremists.’” It also published tweets from conservatives who “blasted the media coverage of ADF as an obvious example of media bias.”

    During the July 14 edition of his show, Fox News prime-time host 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.’” Carlson asserted that NBC News and SPLC “think they’re in charge” of deciding “which ideas are legitimate and which ideas are so dangerous we must suppress them.” Carlson also hosted ADF Vice President Kristen Waggoner, who asserted that ABC and NBC had committed “journalistic malpractice,” and she and Carlson both said SPLC is a “scam.”

    In addition to the numerous right-wing media attacks, a Twitter campaign using the hashtag #SPLCexposed was launched by numerous other SPLC-identified hate groups and right-wing figures, including anti-LGBTQ hate group Family Research Council, anti-immigrant hate group Federation for American Immigration Reform, and anti-Muslim extremist Brigitte Gabriel.

    This reaction is nothing new. Hate groups and far-right commentators have been predictably outraged in the past when mainstream media like The Associated Press and CBS News’ Bob Schieffer properly identified hate group representatives. Just last month, ADF similarly lashed out at Time magazine and columnist Judy Shepard over a piece outlining the extent of ADF’s anti-LGBTQ extremism and its body of work targeting trans students with bathroom bans in schools. In 2014, an ADF attorney asserted that the murder of Shepard’s son Matthew was a hoax to advance the “homosexual agenda.”


    Sarah Wasko / Media Matters

    However, as Media Matters for America has noted, it is a myth that the SPLC bases its hate group designations on conservative or religious beliefs about sexuality and marriage. As SPLC stated in 2010, when it first began listing anti-LGBTQ hate groups, “viewing homosexuality as unbiblical does not qualify organizations for listing as hate groups.” Organizations are labeled anti-LGBTQ hate groups when they knowingly spread “demonizing lies about the LGBT community,” engage in “baseless, incendiary name-calling,” or actively work to criminalize the lives of LGBTQ people.

    SPLC added ADF to its list of anti-LGBTQ hate groups in February 2017 because ADF’s leaders and affiliated lawyers have “regularly demonized 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’” and have also “supported the criminalization of homosexuality in several countries.”

    As a majority of Americans have grown to support LGBTQ equality, hate groups now cloak anti-LGBTQ extremism under the false pretense of protecting religious freedom or privacy, or protecting women and children from sexual assault. ADF, for instance, has recently made the rounds in the media for representing clients in “religious freedom” and “free speech” cases. But it is also the group behind many of the anti-LGBTQ bills proposed in state legislatures and bathroom bans proposed in school districts, which have been introduced in unprecedented numbers over the last two years.

    In the past, ADF has openly advocated to “recover the robust Christendomic theology of the 3rd, 4th, and 5th centuries.” And in 2012, ADF published a list of suggested and discouraged terminology in its media guide, instructing readers to use the phrase “homosexual agenda” instead of “lesbian and gay civil rights movement,” refer to transgender people as “sexually confused,”and use the term “special privileges” when discussing anti-discrimination laws. In an amicus brief for Lawrence v. Texas, the 2003 Supreme Court decision that declared anti-sodomy laws across the country unconstitutional, ADF argued that “the history of this country reflects a deep conviction that sodomy is criminally punishable conduct and not a constitutionally protected activity” and that “state legislatures have always possessed a broad authority to outlaw private, consensual sex.”

    ADF’s actions speak for themselves. Despite the group’s efforts to maintain its highly cultivated facade of respectability in the media, its history of anti-LGBTQ extremism cannot be undone or erased. When journalists employ SPLC’s hate group designation and contextualize ADF’s current work, they provide accurate, much-needed information to the public.

  • Fox affiliate in Texas hosted a hate group representative seven times in 10 days

    Fox 26 in Houston is owned and operated by 21st Century Fox

    Blog ››› ››› RACHEL PERCELAY

    Between May 29 and June 7, Fox 26 in Houston, TX, hosted anti-LGBTQ hate group representative Jared Woodfill seven times as a panelist to comment on local and national issues. Woodfill used three of his appearances to push for an extreme anti-transgender bathroom ban that his hate group has been lobbying to pass for over a year.

    In the 10 days starting when the Texas legislature officially adjourned on May 29, Woodfill, president of the Conservative Republicans of Texas (CRT), was a panelist on Fox 26’s What’s Your Point seven times: On May 29, May 30, May 31, June 1, June 5, June 6, and June 7. Fox 26 is part of a network of Fox News-owned and operated local stations.

    In three out of his seven appearances, Woodfill advocated for Texas to pass Senate Bill 6 (SB 6) during a special session of the legislature. SB 6 is an extreme anti-transgender bathroom ban that would prevent transgender people from using public facilities that align with their gender identity -- including students in public schools. On June 6, Gov. Greg Abbott called for a special session of the state legislature beginning on July 18. In a press conference announcing the special session, Abbott said, "We need a law that protects the privacy of our children in our public schools." In his June 6 appearance on What’s Your Point after Abbott’s announcement, Woodfill called Abbott’s decision a “big win”:

    While not mentioned in any of his appearances on Fox 26, Woodfill’s CRT has been designated an anti-LGBTQ hate group by the Southern Poverty Law Center since 2016 for peddling extreme, demonizing lies about LGBTQ people. For example, in a March 15 press release, CRT called transgender women “perverted men and boys” and claimed that the “homosexual movement wants to use the power of law to force individuals, churches, schools, businesses and private organizations to accept, affirm and celebrate those individuals who promote and practice deviant and perverse sexual activity, starting with children in grade school.”

    Woodfill previously helped lead a years-long campaign against the Houston Equal Rights Ordinance (HERO). In 2015, Woodfill helped to successfully defeat HERO -- a comprehensive nondiscrimination ordinance protecting discrimination against people based on 15 different characteristics -- by peddling the debunked “bathroom predator” myth. Using the tag line “no men in women’s bathrooms,” Woodfill and others effectively fearmongered that sexual predators would exploit the ordinance to sneak into women's restrooms by pretending to be transgender.

    Woodfill and other anti-LGBTQ activists owed their success in part to lazy, uncritical reporting from local outlets, which helped misrepresent HERO and failed to debunk the “bathroom predator” myth. Fox 26’s reporting was particularly egregious, standing out for its unique and aggressive peddling of the “bathroom predator” myth and inaccurate criticism of HERO supporters. That kind of dishonest reporting was likely part of the reason that Woodfill regularly included clips of Fox 26's reporting in his messages to supporters.

    Now, Woodfill can just send out footage of himself on Fox 26 -- and that’s exactly what he’s done. On June 6, Woodfill posted his Fox 26 appearance from that day to CRT’s news website with the headline “Fox26Houston TV, Jared Woodfill defends Governor Abbott’s call for a special session to include SB 6, ‘No men in women’s bathrooms.’” Woodfill plugged that exact phrase on a May 29 appearance on Fox 26, essentially using the local Houston station as a platform to push his hate group’s slogan:

  • Four facts reporters should include in stories about Texas’ pending attack on the transgender community

    Blog ››› ››› RACHEL PERCELAY

    The Texas legislature is currently debating bathroom ban legislation which could potentially target transgender youth in public schools or the entire transgender community in Texas. Reporters covering the bathroom bill-type legislation should avoid parroting anti-transgender misinformation peddled by anti-LGBTQ hate groups, and instead report the facts about transgender people, particularly the safety and necessity of protecting transgender youth.

    On May 22, the Texas House passed a bathroom bill amendment to Senate Bill 2078, a bill focusing on emergency operation plans for public school districts. While some school groups have said that the exact implications of the amendment are open to interpretation, the crux of the amendment would prohibit transgender students in public schools from using restrooms and locker rooms that align with their gender identity. But that amendment did not go far enough for the more conservative Texas Senate, which rejected the amendment on May 23. In response, the Senate then tacked on a more expansive bathroom bill provision to an unrelated proposal on county governments -- but a Democrat in the House has promised to reject the changes. The legislature is expected to continue to push for some form of bathroom ban before the session ends May 29.

    In the past, journalists have often stumbled when reporting on transgender people’s access to bathrooms and locker rooms, sometimes parroting unfounded claims peddled by anti-LGBTQ hate groups. Here are four facts journalists should include in articles about pending public accomodation restrictions to ensure accurate, responsible reporting:

    1. Empirical data debunks the “bathroom predator” myth.

    Law enforcement and government officials in 16 states and the District of Columbia -- including experts in Austin, Dallas, and El Paso -- have all debunked the “bathroom predator” myth that sexual predators will exploit nondiscrimination protections for transgender people in public accommodations. Last year a national coalition of over 300 sexual assault and domestic violence prevention organizations also came out in opposition to anti-transgender bathroom bills and in favor of laws and policies that “protect transgender people from discrimination, including in accessing facilities that match the gender they live every day.”

    Additionally, school administrators from 23 school districts and four universities across the country with trans-inclusive nondiscrimination policies have debunked the notion that allowing transgender students to use school facilities that correspond with their gender identity is a safety risk, as claimed by Republican lawmakers in Texas. In total, these schools serve an estimated 1.5 million students each year without any incidents of sexual harassment, assault, or inappropriate behavior as a result of allowing trans students to access bathrooms that align with their gender identity (per reporting to Media Matters in 2014, 2015, and 2016).


    Sarah Wasko / Media Matters

    2. National leading child welfare organizations oppose bathroom bills targeting transgender youth.

    Leading national child welfare and advocacy organizations oppose bathroom bills that single out transgender students for discrimination. Noting that empirical evidence already shows that transgender kids are “at heightened risk for violence, bullying and harassment,” last year leading national child welfare organizations signed a letter standing in opposition to “shameful” bathroom bans and called on “legislators across the country to reject these harmful measures.” Signees included the American Academy of Pediatrics, the American Association of Child and Adolescent Psychiatry, the American Counseling Association, the American Federation of Teachers, the National Association of School Psychologists, the National Association of Social Workers, and the National Education Association.

    Reporters should also be wary of the anti-LGBTQ hate group the American College of Pediatricians (ACPeds), a deceptively named extremist group with an estimated 200 to 500 members whose name is meant to be confused with the 60,000-member American Academy of Pediatrics (AAP). ACPeds has been designated as an anti-LGBTQ hate group by the Southern Poverty Law Center (SPLC) for spreading malicious lies about LGBTQ people and deliberately misrepresenting legitimate research to attack LGBTQ equality.

    3. Several federal courts have ruled that discrimination against transgender people is illegal sex discrimination.

    Earlier this year, the Supreme Court punted on ruling on whether a transgender Virginia high school student had the right to access restrooms and locker rooms appropriate for his gender identity. However, several lower courts have found that discrimination on the basis of gender identity is prohibited sex discrimination. From a 2016 New York Times analysis:

    The Supreme Court has not addressed whether the same language protects transgender rights, but several lower courts have. In 2004, the United States Court of Appeals for the Sixth Circuit found that it does, and some other courts have since agreed. But in 2007, the United States Court of Appeals for the 10th Circuit made the opposite finding.

    In 2011, the United States Court of Appeals for the 11th Circuit ruled that discriminating against a transgender person was sex discrimination — not based on the civil rights statute, but based on the 14th Amendment. And last month, relying on a 1972 law, Title IX, the United States Court of Appeals for the Fourth Circuit ruled that a high school must allow a transgender student who was born anatomically female to use the boys’ bathroom.

    In 2012, the Equal Employment Opportunity Commission ruled, as the Sixth Circuit did, that discrimination against transgender people violated the Civil Rights Act’s ban on sex discrimination, a decision hailed by advocates as the executive branch’s first unequivocal statement to that effect.

    4. Anti-LGBTQ hate groups and extremists with high-level Texas government connections are behind the push for bathroom bills.

    For over two years, the Alliance Defending Freedom (ADF) -- the nation’s largest anti-LGBTQ hate group -- has been leading the fight against transgender student rights. By drafting model legislation and policies, testifying at hearings, and suing school districts, ADF has used its mammoth network of over 4,000 affiliated lawyers to convince local school boards, and last year North Carolina (via the infamous House Bill 2), to pass anti-transgender policies. ADF has high-level government connections throughout the country, including three former staff members in Texas Attorney General Ken Paxton’s office.

    In addition to ADF representatives, a number of anti-LGBTQ extremists with high-level government connections have been pushing for a bathroom bill since before the 2017 legislative session began. Those extremists include:

    • Steven Hotze and Jared Woodfill of the anti-LGBTQ hate group the Conservative Republicans of Texas, which has called the word transgender a “euphemism, a weaker alternative, for the term pervert”;
    • Dave Welch, executive director of the Texas Pastor Council, who once compared repealing “Don’t Ask, Don’t Tell” to letting loose a “poisonous cloud of chemical weapons” that would “release GLBTQIA activists onto our soldiers like hound dogs of hell”; and
    • Jonathan Saenz of Texas Values, who has said that gay sex is a “dangerous and risky sexual activity that can fiercely jeopardize a person's well-being.”
  • New Reporting Exposes Anti-LGBTQ Hate Group Suing This Pennsylvania School District

    ››› ››› RACHEL PERCELAY

    The Alliance Defending Freedom (ADF) is the anti-LGBTQ hate group leading the national fight against transgender student equality. ADF recently filed a lawsuit against the Boyertown School District in Pennsylvania claiming that the district’s transgender-inclusive nondiscrimination policy “intentionally” violated a student’s “right to bodily privacy.” In reports, op-eds, and columns about the lawsuit, local print outlets in Pennsylvania are accurately labeling ADF as a hate group and exposing the group’s history of anti-LGBTQ extremism -- important context that national outlets often fail to provide when reporting on ADF.

  • How The Hate Group Alliance Defending Freedom Is Infiltrating Public Schools

    Blog ››› ››› RACHEL PERCELAY


    Sarah Wasko / Media Matters

    Media Matters first identified the anti-LGBTQ hate group Alliance Defending Freedom (ADF) as the powerful legal group leading the national campaign against transgender student equality in November 2015. Since then, ADF has continued to email school districts, show up at school board meetings, and file lawsuits to oppose basic protections for transgender students -- and candidates who appear to be affiliated with ADF are even running in local school board races.

    In 2015, Media Matters published a piece about ADF’s campaign to influence local school district policies and pass state-level legislation that would ban transgender students from accessing bathroom and locker room facilities consistent with their gender identity. In December 2014, ADF started emailing public school districts across the country to "advise" them of its recommended "Student Physical Privacy" policy. In February 2015, ADF released a model state-level bill to prohibit all public school transgender students from using any facilities that correspond with their gender identity. Later that year, legislators in Nevada, Kentucky, Minnesota, Texas and Wisconsin all proposed versions of ADF's bill. Similarly, North Carolina’s disastrous anti-transgender House Bill 2 (HB 2), which passed in spring 2016, closely mirrors ADF’s model state-level bill regarding student bathroom access.

    In the 2017 legislative session, over 20 anti-transgender “bathroom bills” have been proposed in state legislatures across the nation. While none of these bills have passed yet, ADF continues to use its nearly $50 million annual budget and employ its mammoth network of over 3,000 allied attorneys to try to convince public school districts to adopt discriminatory, anti-transgender policies. The organization has also worked with a local anti-transgender group, which tried to install friendly candidates on its local school board to further its causes.

    It’s impossible to know the extent of ADF’s anti-transgender activism, especially because many of its 3,000-plus “allied attorneys” never publicly identify themselves as such. Below is a nonexhaustive list of situations in which ADF representatives or affiliated individuals testified at local school events and ran in local school board races, sued school districts with transgender-inclusive policies, and sent letters to schools urging them to institute anti-transgender policies.

    ADF Representatives Testified At Local School Events

    March 20, 2017: ADF legal counsel Douglas Wardlow testified against a transgender-inclusive policy at an Anoka-Hennepin School Board meeting in Minnesota. Prior to his testimony, Wardlow sent a letter to the school board in which he cited discredited anti-LGBTQ junk science researchers Mark Regnerus and Paul McHugh to support his claim that protecting transgender students from discrimination isn’t supported by medical experts (it is). This “research” included a widely denounced report by McHugh attacking transgender people that was published in a journal -- The New Atlantis -- that is not “subject to rigorous peer review” as scientific research usually is. The New Atlantis is published by the Ethics and Public Policy Center, which is dedicated to “applying the Judeo-Christian moral tradition to critical issues of public policy.”

    September 7, 2016: ADF legal counsel Caleb Dalton testified at a public hearing in Prince William County, VA, on a proposed LGBTQ-inclusive nondiscrimination policy for the district. As reported by the Washington Blade, Dalton told the school board that the district could face legal liability if it approved the proposal.     

    May 12, 2016: Ken Fletcher, ADF’s senior director of strategic relations, testified at a Board of Education meeting in Fannin County, GA, regarding rumors that the county was going to institute a transgender-inclusive restroom policy (those rumors were false). In his testimony, Fletcher cited the anti-LGBTQ hate group the American College of Pediatricians (a deceptively named extremist group with an estimated 200 to 500 members whose name is meant to be confused with the 60,000-member American Academy of Pediatrics) to claim that schools should lead transgender girls away from being transgender and “cure” their so-called “gender confusion” so that they do not “lead a life of heartbreak.”

    May 9, 2016: ADF senior counsel Matt Sharp advised the Horry County Board of Education in South Carolina during a specially called board meeting to give the school board “legal advice” regarding Title IX. After speaking with Sharp and two other lawyers employed by the district, the board agreed not to change its existing policy of allowing transgender students to use facilities that align with their gender identity.

    ADF Sued School Districts For Implementing Transgender-Inclusive Policies

    March 2017: ADF sued the school district of Boyertown, PA, for allegedly violating the “privacy” of a cisgender boy because the school had a trans-inclusive locker room policy.

    September 2016: ADF sued the U.S. Department of Education (DOE) and the Virginia Public School District in Minnesota on behalf of a group of 10 parents calling themselves “Privacy Matters,” who said that their children’s privacy was violated by a transgender student “twerking” in the locker room.

    June 2016: ADF sued the DOE on behalf of the Highland Local School District in Ohio because it said it was set to lose federal funding if it didn’t let a transgender girl use the girl’s restroom.

    May 2016: ADF sued the DOE and the U.S. Department of Justice (DOJ) on behalf of a group called “North Carolinians for Privacy” in response to the DOJ’s lawsuit regarding North Carolina’s anti-LGBTQ HB 2 law.

    May 2016: ADF sued the Palatine, IL, Township High School District 211 and the DOE on behalf of an anonymous group called “Students and Parents for Privacy,” saying a transgender-inclusive policy created an "intimidating and hostile" environment for students who share the locker room with the transgender student.

    ADF Affiliates Running For School Boards

    March 2017: In Palatine, IL, an ADF-affiliated group called “D211 Parents for Privacy” is advocating for ADF’s model policy and has endorsed three candidates for the board of education in that district. It’s also targeting current school board members who voted in favor of the transgender-inclusive policy.

    September 2016: ADF-affiliated attorney Derrick Good was tapped as an “emergency replacement” for a school board in Jefferson County, MO, after a controversy arose in 2015 when a Hillsboro High School student asked to use locker rooms and bathrooms that corresponded to her gender identity. Good, who said that people make "decisions" about being transgender, helped the district install an anti-transgender policy that prohibits transgender youth from using restrooms and locker rooms that align with their gender identity.

    ADF Sent Letters To Local Schools

    January 2017: ADF sent a letter to the school district of Egg Harbor Township, NJ, saying that it was ready to “litigate if necessary” regarding a proposed transgender-inclusive policy.

    May 2016: ADF convinced Grayson County, VA, to institute its “Student Physical Privacy Policy.” The superintendent told ThinkProgress that ADF claimed that “if we adopt their policy and it is contested,” ADF would come to the school district’s defense for free. During the debate over the policy, Virginia State Sen. Bill Carrico, who reported a $5,000 gift from ADF in 2014 for a trip with his wife to a conference in Naples, FL, also assured the district that ADF would defend the policy “all the way up to the Supreme Court, if necessary.” Prior to the debate, Carrico said that he had spoken with “legal organizations about the possibility of bringing suit against the Obama administration” regarding its guidance on transgender students. 

    May 3, 2016: ADF sent a letter to the Berkeley County School Board in South Carolina arguing that a transgender-inclusive restroom policy would “endanger students’ privacy and safety, undermine parental authority, violate religious students’ free exercise rights and severely impair an environment conducive to learning.”

    May 2, 2016: ADF sent a letter to the school board in Candia, NH, urging it to adopt ADF’s model anti-transgender policy. At a school board meeting on May 5, 2016, multiple speakers urged the board to adopt ADF’s model policy. But the meeting ended with the school district instituting a transgender-inclusive policy.

    April 28, 2016: ADF sent a letter to the Durham, NC, school board of directors and superintendent saying the school district had no obligation to protect transgender students and could be held legally liable for instituting a transgender-inclusive policy. ADF later sued the district after it instituted a transgender-inclusive policy.

    March 2016: ADF sent a letter to the Westwood Regional High School District in northern New Jersey opposing its transgender-inclusive policy. The policy passed with “little opposition” from school board members or the general public.

    February 29, 2016: In an article about a proposed bathroom bill in South Dakota that was drafted using ADF’s language, The Washington Post reported that ADF had sent its model school policy to “thousands” of school districts nationwide, which it described as an effort to protect the “bodily privacy” of children.

    January 2016: ADF sent letters to “every Tennessee school district” saying that districts could be at risk of “legal liability” for instituting transgender-inclusive policies.

    ADF Otherwise Influenced Schools To Pass Its Model Policy

    December 18, 2015: Political Research Associates reported that ADF’s model policy is also being disseminated through a project of the anti-LGBTQ group Focus on the Family (FOTF). The project website provides a “Tell a School” tool that allows visitors to share ADF’s Student Physical Privacy Policy with their local school boards, allowing ADF’s model policy to be sent through FOTF’s website without the sender even reading it.

    December 2, 2015: At least seven different people who have children in Township High School District 211 in Palatine, IL, cited ADF’s privacy policy while testifying in a special school board meeting after the board instituted a transgender-inclusive policy.

    Correction: This piece originally stated that ADF appeared to be trying to install friendly candidates on local school boards to further its causes; in fact, it has worked with a local group that tried to effect that change. We regret the error.