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Hate Groups Religious Freedom

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

    Blog ››› ››› BRIANNA JANUARY


    Melissa Joskow / Media Matters

    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. 

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

    ››› ››› BRENNAN SUEN

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

  • A hate group's anti-LGBTQ law just went into effect in Mississippi. Here's what you need to know.

    The Human Rights Campaign called Mississippi’s so-called “religious freedom” bill “the nation’s worst anti-LGBTQ state law”

    Blog ››› ››› REBECCA DAMANTE


    Sarah Wasko / Media Matters

    A sweeping, so-called “religious freedom” bill went into effect in Mississippi on October 10, and advocates are calling it the “worst anti-LGBTQ state law in the U.S.” Mississippi’s “Protecting Freedom of Conscience from Government Discrimination Act” claims to protect “sincerely held religious beliefs” but would in fact give religious organizations, businesses, and individuals broad license to legally discriminate against LGBTQ people. The law is a legislative embodiment of the right-wing media myth that LGBTQ equality has led to the persecution of Christians, and it was heavily influenced and crafted in part by anti-LGBTQ hate group Alliance Defending Freedom, a powerful legal organization that has been involved in pushing similar legislation across the country.

    Mississippi’s extreme anti-LGBTQ law HB 1523 went into effect on October 10

    Mississippi’s anti-LGBTQ “Protecting Freedom of Conscience from Government Discrimination Act” (HB 1523), which Mother Jones called “one of the nation’s most sweeping religious exemption laws,” went into effect on October 10. The law permits “widespread discrimination based on ‘sincerely held religious beliefs or moral convictions.’” Mississippi Gov. Phil Bryant (R) signed the bill into law in April 2016, but its implementation stalled after a court challenge led to a district judge issuing an injunction that blocked the bill. On June 22, a federal appeals court lifted the district court’s injunction. According to the American Civil Liberties Union (ACLU), the law allows “discrimination by individuals, businesses, religiously-affiliated organizations — including hospitals, schools, shelters and others — against LGBT people, single mothers, and vulnerable young people in Mississippi” based on religious beliefs. After the law took effect on October 10, Lambda Legal and the Mississippi Center For Justice filed an appeal asking that the U.S. Supreme Court strike it down.

    Five things the media need to know about Mississippi’s HB 1523, “the nation’s worst anti-LGBTQ state law”:

    1. The bill codifies 3 “sincerely held religious beliefs,” including opposition to both marriage equality and sex outside of marriage

    According to the ACLU, HB 1523 is unique in that it makes Mississippi “the first state to codify discrimination based on a religious belief or moral conviction that members of the LGBTQ community do not matter.” Indeed, the bill purports to be designed to protect people with three specific “sincerely held religious religious beliefs”: that “marriage is or should be recognized as the union of one man and one woman,” that “sexual relations are properly reserved to such a marriage,” and that “male (man) or female (woman) refer to an individual's immutable biological sex as objectively determined by anatomy and genetics at time of birth.” The law gives individuals, private associations, and religiously affiliated organizations license to legally make discriminatory actions against LGBTQ people and others under the guise of holding those three positions.

    2. HB 1523 is the “broadest" anti-LGBTQ law enacted since same-sex marriage was legalized

    According to The Associated Press, HB 1523 is “considered the broadest religious-objections state law enacted since the U.S. Supreme Court legalized same-sex marriage in 2015.” The Human Rights Campaign (HRC) has also spoken out against the law, calling it “the “worst anti-LGBTQ state law in the U.S.” and “probably the worst religious freedom bill to date.”

    HRC wrote that “under this law, almost any individual or organization could justify discrimination againist LGBTQ people, single mothers, unwed couples, and others.” The organization outlined examples of potential areas of discrimination, noting that “taxpayer funded faith-based organizations could: refuse to recognize the marriages of same-sex couples for provision of critical services including emergency shelter; deny children in need of loving homes placement with LGBTQ families including the child’s own family member; and refuse to sell or rent a for-profit home to an LGBTQ person.” It could also allow foster families to force LGBTQ children into dangerous “conversion therapy,” a harmful practice that attempts to change sexual orientation or gender identity and that has been discredited by every mainstream medical group. The law also allows religious organizations to terminate or discipline an employee “for being gay, trans, or pro-gay, even if they have roles that have nothing to do with religion or education,” according to The Daily Beast.

    The law’s text notes that the government cannot act against individuals who decline to treat, counsel, perform gender affirmation surgery, provide psychological services, or provide fertility services to LGBTQ individuals, single mothers, and others based on codified religious beliefs. According to The Daily Beast, HB 1523 would also give schools, businesses, and other organizations license to discriminate against transgender people, as this law could be used to force transgender individuals to use bathrooms that do not align with their gender identity or “to dress as their biological sex at birth.” The law explicitly allows employers and schools to establish "sex-specific standards or policies concerning employee or student dress or grooming.”

    Under HB 1523, even government employees are given legal protections to discriminate against LGBTQ people. The Daily Beast wrote that state employees can “proselytize, condemn homosexuals as sinners, argue that gay people should be killed, or put up posters condemning homosexuality as a sin” at their jobs without fear of discipline. The law explicitly allows state employees and judges to recuse themselves "from authorizing or licensing lawful marriages.” That means that county clerks, judges, and magistrates could refuse to authorize same-sex marriages without consequence.

    3. HB 1523 is the legislative embodiment of the right-wing media myth that LGBTQ equality has led to the persecution of Christians

    For years, right-wing media have peddled the myth that Christians are being persecuted by LGBTQ nondiscrimination laws, particularly focusing on anti-gay small-business owners who refuse to provide services for same-sex couples. Fox News has long touted stories of business owners -- including a photographer, baker, and florist -- who refused to provide services to same-sex couples and were then sued for violating nondiscrimination ordinances, and Fox News employees Todd Starnes and Erick Erickson have written books devoted to the anti-LGBTQ Christian persecution myth.

    Other right-wing media outlets have adopted a similar myth that LGBTQ-inclusive protections will lead to the persecution of Christians. For example, Jonathon Van Maren of Life Site News claimed that there has been a “rapid rise of rainbow fascism” leading to the destruction of businesses owned by Christians. Van Maren continued, “Christian business owners saw the wages they needed to feed their families dry up because they were targeted by gay activists and labeled hateful, homophobic bigots simply for declining to assist in celebrating a gay union.” A post in The Daily Caller listed examples of “LGBT anti-Christian bullying,” arguing that “the fight for respect and equal rights for gays and lesbians has ... occasionally been co-opted by anti-Christian bigots who target individuals’ businesses and threaten them with violence.” Some right-wing websites, like RedState, have used the pejorative term “gay mafia” to describe activists fighting business discrimination against LGBTQ people. A post using the term in its headline asserted that LGBTQ activists’ “primary objective is the complete and utter destruction of morality and Christianity in America–and in the end, the Constitutional rights of every American.”

    4. Anti-LGBTQ hate group Alliance Defending Freedom helped write, promote, and justify the law and fought for it in court

    According to The Washington Post, anti-LGBTQ hate group Alliance Defending Freedom (ADF) was heavily involved in the creation of HB 1523, starting its work on the bill before the United States Supreme Court legalized same-sex marriage in 2015. The Post reported that ADF lawyer Austin R. Nimocks first emailed a lawyer in Gov. Bryant’s office on June 24, 2015, and in one of his emails attached what he called a “model executive order that would prevent state governments from discriminating against their citizens because of their views or actions concerning marriage.” Mississippi’s bill “adopted many of the identical passages,” according to a brief by an attorney leading challenges against the bill. In March 2016, ADF attorney Kellie Fiedorek sent Bryant two drafts of a signing statement, which is “the final step in the legislative process,” saying, “We looked through a number of Gov. Bryant’s signing statements and tried to use his voice. Please feel free to pull from either one that is most helpful to you and your boss ... we’re here to serve.”

    ADF has also provided legal support to Bryant and other Mississippi officials. The group represented Bryant and John Davis, executive director of the Mississippi Department of Human Services, after a federal judge blocked the entire bill from taking effect on June 30, 2016. When the case reached the U.S Court of Appeals for the 5th Circuit, ADF attorneys joined Bryant in issuing a brief in favor of the law and were a part of his legal team.

    5. ADF has been involved in writing, promoting, and defending RFRAs in other states

    ADF has been directly involved in the drafting of other state “religious freedom” or “religious freedom restoration acts” (RFRAs), including working quietly with a state senator in Iowa earlier this year. There, ADF worked on legislation modeled after Indiana’s 2015 RFRA, signed by now-Vice President Mike Pence. The ACLU of Iowa successfully worked with partner groups and businesses to block its introduction. In 2014, ADF helped write Arizona’s SB 1062 -- a vetoed bill that would have expanded legal protections for businesses refusing service to gay customers -- and in 2015, ADF “had a hand in” writing Georgia's tabled RFRA.

    ADF lawyers have also testified on behalf of or directly promote so-called “religious freedom” bills; in fact, ADF’s vice president of media communications, Greg Scott, characterized enacting RFRAs as “a legislator’s most important duty.” In 2013, ADF senior counsel Joel Oster testified in favor of Kansas' RFRA, which was signed into law that year, and in 2015, ADF senior counsel Michael J. Norton testified in defense of Colorado’s failed "Freedom of Conscience Protection Act.” The organization also promoted a RFRA in Arkansas and helped advise Indiana lawmakers during the debate over the state’s RFRA. In 2016, ADF attorney Matt Sharp testified before the South Dakota legislature in support of a law promising to “ensure government nondiscrimination in matters of religious beliefs and moral convictions,” and ADF counsel Kellie Fiedorek spoke about the so-called “benefits” of a RFRA proposed in West Virginia.

    In addition, ADF's reach extends beyond its own representatives’ support for enacting RFRAs to state legislatures where ADF alumni and “allied attorneys” introduce and sponsor similar legislation. North Carolina state Rep. Jacqueline Schaffer (R) sponsored a failed 2015 RFRA in her state after having proudly boasted of her continued “involvement in promoting religious freedom and other family values as an Allied Attorney" with ADF on her now-defunct campaign website. Similarly, in Louisiana, House Rep. Mike Johnson (R), who previously worked as an attorney for ADF, sponsored another anti-LGBTQ RFRA in 2015.

    ADF’s involvement in drafting and promoting state RFRAs should not come as a surprise, as the organization's president, Michael Farris, co-chaired a committee that lobbied Congress to pass a federal RFRA in 1993. More recently, ADF consulted Attorney General Jeff Sessions on his sweeping religious freedom guidance, released October 6, which makes “it easier for businesses to discriminate against LGBT people and women” and “legal for nearly any business to fire someone or deny a person services based on religious objections.”

  • Trump and Sessions issue anti-LGBTQ religious exemptions guidance, fulfilling promise to hate group Alliance Defending Freedom

    Blog ››› ››› BRENNAN SUEN


    Sarah Wasko / Media Matters
     

    The Trump administration released new guidance on October 6 making it easier for people or businesses to discriminate against LGBTQ people under the guise of “religious freedom.” In July, Attorney General Jeff Sessions promised anti-LGBTQ hate group Alliance Defending Freedom (ADF) -- which has been instrumental in passing similar laws across the country -- that the Justice Department would release such guidance.

    According to BuzzFeed, the new guidance “says the government cannot unduly burden people or certain businesses from practicing their faith, noting, ‘The free exercise of religion includes the right to act or abstain from action in accordance with one’s religious beliefs.’” The guidance includes “twenty principles” of religious liberty, including one that allows religious employers to “employ only persons whose beliefs and conduct are consistent with the employers’ religious precepts.” In other words, it gives license for religious employers to discriminate against LGBTQ individuals, single mothers, divorced persons, and other groups. It also says that protections for so-called “religious liberty” would apply to individuals “providing or receiving social services, education, or healthcare; … seeking to earn or earning a living; … employing others to do the same; … receiving government grants or contracts; or … otherwise interacting with federal, state, or local governments.” A separate principle in the guidance says it applies “not just to individuals, but also to organizations, associations, and at least some for-profit corporations,” and yet another says the government cannot “second-guess the reasonableness of a religious belief.” In sum, the broad memo “could give people of faith -- including government works and contractors -- a loophole to ignore federal bans on discrimination against women and LGBT people,” according to BuzzFeed.

    Sessions promised guidance along those lines in July when he addressed ADF in a closed-door speech that was eventually leaked to the right-wing, rabidly anti-LGBTQ website The Federalist. NBC News reported that during the speech, Sessions said President Donald Trump “has also directed me to issue guidance on how to apply federal religious liberty protections. The department is finalizing this guidance, and I will soon issue it.” Sessions continued, “The guidance will also help agencies follow the Religious Freedom Restoration Act. Congress enacted RFRA so that, if the federal government imposes a burden on somebody’s religious practice, it had better have a compelling reason." NBC News spoke with numerous LGBTQ advocates who “suggested Sessions was more interested in protecting the right to discriminate than the freedom of religion.” BuzzFeed also reported that the Justice Department “consulted with religious and political groups with a history of opposing protections for LGBT people,” including ADF. The report noted that ADF has championed and embraced a strategy of “ambiguity in religious policies in the past, believing the scope can be litigated in court.”

    ADF is the largest anti-LGBTQ hate group in the nation and has played an instrumental role in enacting other discriminatory anti-LGBTQ “religious freedom restoration” acts in states across the country, including Mississippi’s law, which is expected to go into effect Tuesday. The Human Rights Campaign (HRC) has called the Mississippi law “by far the most sweeping and devastating state law to be enacted against LGBTQ people in the country,” adding that “under this law, almost any individual or organization could justify discrimination against LGBTQ people, single mothers, unwed couples, and others.” The Washington Post reported in July 2016 that ADF “played a key role in helping Mississippi’s legislature and governor write, promote and legally justify” the bill. The Post noted that ADF’s involvement was “notable … because state officials did not disclose aid from the organization” and that a lawyer challenging the bill said it “adopted many of the identical passages” in ADF’s “model executive order.” A lawsuit against the law stalled it from going into effect until this month. ADF attorneys “are part of the legal team representing Gov. Phil Bryant in the lawsuits,” according to ADF.

    In Iowa, ADF worked with a state senator on legislation modeled after Indiana’s 2015 Religious Freedom Restoration Act, signed by now-Vice President Mike Pence. The American Civil Liberties Union of Iowa successfully worked with partner groups and businesses to block its introduction. ADF has also fought for and helped enact numerous other such acts in states across the country: It helped write Arizona’s SB 1062, which was ultimately vetoed; one of its lawyers testified in favor of Kansas’ religious freedom act, which passed in 2013; another one of its lawyers testified in defense of a failed religious freedom restoration act in Colorado; it “had a hand in” writing a proposed religious freedom restoration act in Georgia; it promoted a religious freedom restoration act in Arkansas; and it helped “advise” Indiana lawmakers during the state’s debate over its own act. ADF’s Kellie Fiedorek stood behind then-Gov. Pence when he signed the bill into law.

    ADF has supported a number of other extreme anti-LGBTQ positions, including criminalizing homosexuality. ADF (then called the Alliance Defense Fund) formally supported the criminalization of sodomy in the U.S. in 2003 when it filed an amicus brief in Lawrence v. Texas defending state sodomy laws in which it called “same-sex sodomy … a distinct public health problem.” When the court struck down anti-sodomy laws, ADF called the ruling “devastating.”

    The group is also leading the national campaign for “bathroom bills” targeting transgender youth and is representing plaintiff Jack Phillips in the upcoming Masterpiece Cakeshop v. Colorado Civil Rights Commission Supreme Court case. The case may similarly determine whether businesses serving the public have the right to discriminate against LGBTQ people under the guise of “religious” or “artistic freedom.” On October 6, in what was seen by some as an “unusual move,” the Justice Department filed an amicus brief with the Supreme Court siding with ADF and its client in that case. ADF has demonstrated time and time again a commitment to chipping away at LGBTQ equality and turning members of the community into second class citizens, and Friday’s guidance by the Justice Department shows the group has powerful, like-minded allies in the Trump administration.

    Rebecca Damante contributed research to this report. Headline changed for clarity.

  • Washington Blade highlights the influence of hate groups on White House policy

    Anti-LGBTQ extremists successfully lobbied for Trump to ban transgender people from the military. Now they’re promising action on so-called “religious freedom” guidance.

    Blog ››› ››› MEDIA MATTERS STAFF


    Dayanita Ramesh / Media Matters

    In an August 9 report, the Washington Blade’s Chris Johnson detailed the growing influence of anti-LGBTQ hate groups in setting federal policy, including their “intense lobbying” that influenced President Donald Trump’s ban on transgender people serving in the military and their push for a potential anti-LGBTQ “religious freedom” order.

    Last month, Newsweek’s Tom Porter wrote about the hate groups that “fiercely lobbied” for a reinstatement of the ban on transgender service members, which Trump announced via Twitter on July 26. The announcement stated that transgender people would not be allowed “to serve in any capacity in the U.S. Military.” Among the groups mentioned by Porter was the Family Research Council (FRC), whose leaders have bragged that they “have big communications channels with the Trump administration,” he wrote. FRC senior fellow Ken Blackwell was a member of Trump’s transition team and now sits on Trump’s so-called “Presidential Advisory Commission on Election Integrity,” which has been called the “voter suppression dream team.”

    On August 2, The New York Times wrote that FRC President Tony Perkins had spent months pressuring Trump to make a statement about transgender service members. The article included a quote from Perkins saying, “I’ve been to the White House I don’t know how many more times in the first six months this year than I was during the entire Bush administration.” Perkins has also boasted that he “was not surprised” by Trump’s announcement because FRC had been “working with the White House” on the issue.

    Johnson’s August 9 report in the Washington Blade highlighted “intense lobbying” by anti-LGBT lawmakers and hate groups such as FRC and Alliance Defending Freedom (ADF) for Trump to sign a religious freedom executive order, a draft of which was leaked to The Nation in February. Johnson added that although Trump hasn’t yet signed the order that the groups are floating -- which would “enable sweeping anti-LGBT discrimination in the name of ‘religious freedom’” -- he has empowered Attorney General Jeff Sessions “to issue guidance ensuring religious liberty.” He noted that Perkins, speaking on his radio show last month, “said action would come soon” on religious freedom guidance. In a speech to ADF, Sessions also promised that the Justice Department is “finalizing” guidance on “federal religious liberty protections.” From the Washington Blade:

    Prior to his August vacation, Trump announced his intent to ban transgender people from the U.S. military “in any capacity,” unilaterally instituting the anti-LGBT policy after the U.S. House — under Republican control, no less — rejected a narrower measure to undermine transgender service by denying military funds for transition-related health care.

    Trump’s declaration came after intense lobbying by anti-LGBT lawmakers and groups, who threatened to withhold support from major defense spending legislation unless the White House acted. That bill includes funds for Trump’s wall on the U.S.-Mexico border.

    Tony Perkins, president of the Family Research Council, said in a statement after Trump’s announcement on transgender service his organization would withdraw its opposition to border wall payments.

    “Now that we are assured that the Defense Department has its fiscal priorities in order, Family Research Council withdraws our opposition to increasing the budget of the Department of Defense through the ‘Make America Secure Appropriations Act’ and looks forward to seeing that legislation pass,” Perkins said.

    Although Trump — despite entreaties from social conservatives — hasn’t signed an executive order circulating among federal agencies and advocacy groups that would enable sweeping anti-LGBT discrimination in the name of “religious freedom,” he did pen his name to a directive empowering U.S. Attorney General Jeff Sessions to issue guidance ensuring religious liberty.

    Critics say that’s a red herring that could lead the U.S. government to give the OK for discrimination among federal contractors, private employer denial of family and medical leave to same-sex couples and federal workers refusing to process paperwork for LGBT people. Sessions had already stated the directive would be based on the Religious Freedom Restoration Act, a 1993 law meant to preserve the rights of religious minorities that’s now used as an excuse for anti-LGBT discrimination.

    It remains to be seen when the administration will issue the guidance and the nature of the policy. On his weekly radio show late last month, Perkins said action would come soon and the U.S. government will be “on notice that they have to respect religious freedom” — code for social conservatives to mean anti-LGBT discrimination.

  • Vice highlights one hate group’s assault on LGBTQ youth

    Blog ››› ››› ALEX MORASH


    Sarah Wasko/Media Matters

    A recent Vice report detailed Alliance Defending Freedom’s (ADF) stealth years-long effort to chip away at the separation of church and state in public schools and take away the rights of LGBTQ students. Most recently, as Vice reported, ADF was a “major force” behind the Trinity Lutheran Church v. Comer case in which the Supreme Court ruled that the state of Missouri violated the church’s First Amendment rights by denying it access to government grants meant for secular use. Trinity v. Comer was viewed as a “major First Amendment decision” in terms of the separation of church and state.

    Media Matters identified ADF as the anti-LGBTQ hate group leading the national campaign against transgender students in November 2015. Since then, ADF has kept up its assault on the rights of transgender students to access a fair and equal education: It has drafted a model policy to deny transgender students equal protection in school, repeatedly sent representatives to testify at school board meetings to advocate against protecting transgender students, and even sued school districts for implementing transgender-inclusive policies.

    Vice reported that ADF has “an army of over 2,600 private attorneys and assets of around $40 million” to work on clawing back the rights of LGBTQ youth in schools:

    Why has the organization dedicated so much attention to schools in recent years? According to [Angelo] Carusone at Media Matters, maintaining control of the country's education system is part of ADF's long view of the fight to control public policy.

    “They see this as a generational fight, and you target kids when you're fighting a generational war,” he said. “They think they can turn the tides of culture, and they're willing to fight this for decades... They're not fighting individual skirmishes over individual policies. They see this as a battle in a decades-long, multi-generational effort to make sure every member of the LGBT community is not just pushed back into the closet, but put in jail.”

    The report also highlighted efforts by LBGTQ organizations and coalitions, such as the Eliminate Hate campaign, to push back against ADF’s actions:

    That the ADF has taken such an active role in manipulating educational policy has not gone unnoticed by LGBTQ organizations. Recently, a coalition of LGBTQ advocacy groups launched a campaign called “Eliminate Hate,” dedicated to exposing ADF interference in school districts and bringing attention to other anti-LGBTQ hate groups.

    “It's bad enough when you're not accepted at home,” said Sara Grossman, communications manager at the Matthew Shepard Foundation (MSF), which advocates for an end to violence against LGBTQ people. “Sometimes school is your safe space. To take that away is atrocious. They're just kids.”

    Besides media outreach, coalition partners are also placing op-eds in major news outlets, and working to connect supportive parents with school officials so that their voices can't be ignored.

    But it’s going to be difficult to counter the ADF’s vast legal and financial resources, particularly now that they've been successful in the Trinity case. With a sympathetic administration in the White House, it’ll be easier than ever for states to reduce funding for public schools and increase funding for discriminatory private schools.