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MCIH-17078_NYC_Pride_March_AdV1.indd 1 4/4/17 11:35 AM OVERPOWER THE BULLIES, WITH YOUR HELP generation from now, people look for opportunities to try our cases in front of juries and will ask why we didn’t do we will work with state attorneys general to protect LGBT more to fight back against people and everyone living with HIV. Trump and Pence. They are Of course, the irony is that right now we are winning Apacking the courts with judges who more cases than ever. More and more courts are holding we are distinguished primarily by their are right when we say that LGBT discrimination is a kind homophobia, transphobia and racism. of sex discrimination, and that both federal law and the Their reward is a permanent job Constitution protect us. We are winning cases for some of judging our lives. Neil Gorsuch is the most prominent, but the most vulnerable LGBTQ people in America—transgen- there are so many more. These are people who have crusaded der women in prison—and you can read on p.18 about how against LGBT equality, rigged voting systems against Black wonderfully one of our clients, Passion Star, is doing after people and rejected Brown v. Board of Education. her release. Lambda Legal is fighting back: the dossiers we prepare We need your help. Our opponents are many times our on these judges are Exhibit A at the Senate Judiciary size and they are determined to roll back marriage equality Committee. But their records do not disturb Republican and undermine nondiscrimination law. I am asking you to Senators and nearly every one has been approved on a party- make a bigger donation to Lambda Legal than you ever have line vote. Today, 1 in 10 judges on the Courts of Appeal­— before. If you can join the Liberty Circle—$1500/year or right below the Supreme Court—are Trump/Pence picks. $125/month—please do. Please put Lambda Legal in your (Read more on p.8) As a result, Lambda Legal will change will or name us on your IRA. I promise we will be here fight- our strategy in the decade ahead. We will prepare to go to ing the bullies, many decades into the future. trial more often and will rely on more pro bono support from law firms. We will sue in state court where we can, RACHEL B. TIVEN as the federal courts become poisoned against us. We will CEO, LAMBDA LEGAL

NATIONAL LEADERSHIP COUNCIL Chicago; James Owens, Los Angeles; Andrew Parlen, New York; CHAIR Jamie Pedersen, Seattle Michelle Peak, Grand Prairie, TX; Mike Ponto, Minneapolis; MEMBERS G. Ross Allen, San Francisco; Neil Bagadiong, Jason Pucci, Summit, NJ; Peter Reichertz, Washington, SUMMER 2018 | VOL. 35, NO. 2 Indianapolis; Debra R. Bernard, Chicago; Marcus Boggs, DC; Jennifer L. Rexford, Princeton, NJ; Laura Ricketts, Chicago; Daniel H. Bowers, New York; Susan Bozorgi, Chicago; Edward H. Sadtler, New York; P. Watson Seaman, Rachel B. Tiven, CEO Miami; Mark R. Braun, Chicago; Laura Brill, Los Angeles; Richmond, VA; Richard M. Segal, San Diego; Brad Seiling, Eric Brinker, New York; Jeff Brodin,Phoenix ; William Los Angeles; Beverlee E. Silva, Atlanta; Norman C. Simon, LAMBDA LEGAL BOARD OF DIRECTORS Candelaria, New York; Samuel R. Castic, Seattle; Martin New York; Paul Smith, Washington, DC; Michael D. Soileau, CHAIR Anne Krook*, Seattle S. Checov, San Francisco; Daniel C. Cochran, New York; Philadelphia; Charles M. Spiegel, San Francisco; Christopher VICE-CHAIRS David de Figueiredo*, Berkeley, CA Benson R. Cohen, New York; Paul H. Coluzzi, M.D., Laguna W. Stuart, San Francisco; Tony Timiraos, Ft. Lauderdale; John Strafstrom*, Bridgeport, CT Beach, CA; R. Sue Connolly, Chicago; MaryKay Czerwiec, George D. Tuttle, Sebastopol, CA; Lauren Verdich, Chicago; IMMEDIATE PAST CHAIR Tracey Guyot-Wallace*, Chicago; Beth Davis, Atlanta; Bruce Deming, San Francisco; Roy Wesley, Chicago; Marcy Wilder, Washington, DC; Dallas David Draigh, Miami; Mitchell Draizin, New York; Melinda Peter S. Wilson, New York; Alan York, Houston; George TREASURER Rachel Goldberg, Stamford, CT Dunker, Chicago; Daniel S. Ebner, Chicago; Ruth Eisenberg, R. Zuber, Ft. Lauderdale; Mark Zumwalt, New York SECRETARY Vadim Schick*, Washington, DC Washington, DC; C. Douglas Ferguson, Chicago; William P. (Last updated May 15, 2018) MEMBERS Yemi Adegbonmire, Los Angeles; Sheri Bonstelle, Flanagan, Washington, DC; Michael Foncannon, Summit, Los Angeles; Annette Cerbone, New York; Wendy Chang, NJ; Kendall E. French, San Diego; Michael H. Gluck, IMPACT MAGAZINE STAFF Los Angeles; Roberta A. Conroy, Los Angeles; Trayton M. Skillman, NJ; Michael I. Gottfried, Los Angeles; Kathryn G. Angelo Ragaza, Director, Marketing and Editorial Davis, Montclair, NJ; Roderick Hawkins*, Chicago; Eric Graham, New York; Natasha F. Haase, Princeton, NJ; Joseph Alberto Galindo, Manager, Marketing and Editorial Johnson, Dallas; Laura Maechtlen*, San Francisco; Patrick S. Hall, New York; Laurie Hasencamp, Los Angeles; Donald Natalie Pryor, Consulting Designer Menasco, Washington, DC; Carol Meyer, Dallas; Andrew T. J. Hayden, Miami; Cynthia Homan, Chicago; Dennis Jesse Oxfeld, Consulting Editor Mitchell-Namdar, Stamford, CT; Danielle Piergallini, Dallas; Hranitzky, New York; F. Curt Kirschner, San Francisco; Kate Katrina Quicker, Atlanta; John R. Richards, Atlanta; Todd Kleba, Philadelphia; B. Birgit Koebke, San Diego; William Contributors: Mike Albo, Tim Murphy, Ese Olumhense, G. Sears, New York; Dan Slaughter, San Francisco; Holly M. Libit, Chicago; Lisa Linsky, Sleepy Hollow, NY; Charles Ishmam Rahman Thomas,Los Angeles; Lawrence Trachtenberg, Scottsdale, AZ; V. Loring, Ft. Lauderdale, FL; Yery Marrero, Miami; Brian David Tsai, San Francisco; Michelle Waites*, Mount Vernon, T. May, Saugatuck, MI; Gregory S. McCurdy, San Francisco; NY; Kenneth Weissenberg, Bedford Corners, NY (*denotes John McGowan, Chicago; Beau Miller, Houston; Lauren For advertising, contact Allen Clutter, Executive Committee member) Mutti, Dallas; Thao Ngo, San Francisco; Robert W. Ollis, [email protected]

lambdalegal.org 1 LAMBDA LEGAL NEWS

SLAPPED BY THE PAST New discrimination brings up old wounds for someone whose life was derailed by harsh HIV criminalization laws

ast fall, when Nikko Briteramos started getting went to get a haircut in his L.A. stressed. I’d L neighborhood of Leimert Park, he wanted to be a lot did not expect that he was about to get of big things in slapped in the face by his past. life, like a profes- sional ballplayer, In 2002, then a popular 19-year- "I want people old student on a basketball scholarship to understand and I felt like I at a small college in South Dakota, that this was was losing.” discrimination Briteramos became the first person and that you He was kicked charged under the state’s HIV criminal- can’t get HIV off the basket- from giving ization laws for “knowingly exposing a someone a ball team when female sex partner to HIV.” haircut,” says alcohol was found He had received his diagnosis shortly Lambda Legal in his room. He client Nikko prior to the sexual activity that brought Briteramos. started smoking about the charges, but he didn’t fully pot. Failing every believe it, he says, and also feared that class and short on if he insisted on a condom, which cash, he dropped they hadn’t used before, the woman out and moved would suspect something was up. (She to Las Vegas for a remained HIV-negative.) relationship that The case sparked sensational global prison for 18 months. petered out. headlines, particularly after South After serving that sentence, “There are so many collateral Dakota’s governor said that Briteramos Briteramos, on HIV meds, went consequences of HIV criminalization had committed the equivalent of back to Chicago, his hometown, laws that permanently stigmatize you shooting someone in the head. Initially enrolled at Chicago State University, in society and leave you with a crimi- charged with five counts of intentional played basketball there, and changed nal record,” says Stefan Johnson, who exposure and facing up to 75 years in his major to microbiology. With heads Lambda Legal’s Help Desk. “It prison, Briteramos ultimately got a successful treatment for HIV and an was very difficult for Nikko to restart 90-day sentence and a judge’s order to undetectable viral load, this means he his life.” Such laws, often passed in the stay in school. had little, if any, risk of transmission 1980s and 1990s, are being challenged Briteramos attempted to comply to sexual partners. in many states, by Lambda Legal with the order during a brief furlough But with his name all over the and others, with some—California, from jail intended for him to reenroll internet, he could not shake what had Colorado, Iowa—recently repealing in school. While attempting to reenroll, happened in South Dakota. Women them. Briteramos found out that he had lost would be attracted to his good looks, Nonetheless, Briteramos tried. In his basketball scholarship and could not he says, then find out about him and 2016, he moved to Los Angeles, where afford to stay in South Dakota or in shun him. In his Chicago dorm, his he has relatives, intent on starting a school. The news hit hard, and he did roommate, scared of getting the virus, career as a personal trainer. And then not return to jail for more than 5 hours moved out. last October, when he went into that after the furlough ended. When he “I started getting tired of being barbershop, his past came calling again. returned, he was found to have violated in this environment where I was He was waiting for his buzz, he the court order, sending him to state constantly scrutinized,” he says. “I recounts, when one of the barbers,

2 LAMBDA LEGAL IMPACT | Summer 2018 Everyone needs a good wingman. whom he’d known in Chicago, recognized him and said hello. Then he whispered something to the chief American Airlines is proud to support Lambda Legal. barber, who shortly thereafter asked Briteramos if he was that HIV-positive Nikko Briteramos. Briteramos said yes. The chief barber shook his hand and said no hard feelings, but he couldn’t serve him because he had a reputation to think about. “I just walked away, tired, feeling like this would never end,” says Briteramos. But the more he thought about it, the more he felt like his rights had been violated. He filed complaints with the L.A. County Board of Cosmetology and with an Americans with Disabilities Act online portal. It’s been long-estab- lished that the risk of transmission by merely living or working with people with HIV is essentially zero. Then he called the Help Desk at Lambda Legal, which he’d known about since his 2002 case. Lambda Legal is taking on the matter. “It’s a clear violation of both the ADA and California’s Unruh Civil Rights Act,” which forbids disability discrimi- nation in this context, says Taylor Brown, Lambda Legal Tyron Garner Memorial Fellow. “The propri- etor made clear to him that he would not serve him because he was living with HIV.” Lambda Legal is partnering on the case with the Black AIDS Institute, which advocates for people of color living with, or at risk for, HIV/AIDS. “We want to shed light on HIV stigma in the black community and help provide accurate information, as well as make clear that service providers can’t do this, because it’s illegal,” says Johnson. Misinformation and preju- dice continue to fuel the firing, mistreatment and criminalization of people living with HIV. As for Briteramos, he admits that he feels lost and he’s not sure what he wants to do next. He spends a lot of time going to the gym and reading. But he’s very clear about what he wants out of the Lambda Legal suit. “I want this to go everywhere and raise awareness,” he says. “I want the barber to apologize. I want people to understand that this was discrimination and that you can’t get HIV from giving someone a haircut.” LL

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marker, they lose control over their POSITIVE IDENTIFICATION own life narrative.” Just a handful of states continue to block transgender people from correcting Indeed, according to the 2015 birth certificates to reflect who they really are. But Lambda Legal and these U.S. Transgender Survey, almost a fierce plaintiffs are pushing back—and we won't stop until everyone's third of trans folks who showed an right to accurate IDs is protected ID that conflicted with their perceived gender were harassed, n the summer of 2017, Stacie Ray denied benefits or services, saw an opportunity. The 45-year-old discriminated against, or IColumbus, Ohio, truck driver, who assaulted. is transgender, had a chance to leave a The issue ties directly job that made her drive halfway across into previous battles for the state every day for one where she lesbian and gay rights, says The lead could stay in town, with higher pay plaintiff in Ingelhart. “Fundamental and better benefits. All she needed Lambda rights, equal protections was to get federal certification that she Legal's historic and privacy rights in the victory in knew how to carry hazardous material Puerto Rico, face of discrimination on in her semi. Daniela Arroyo the basis of sex—these González. So she went to her local TSA office, are all arguments that we which handles the background check have relied on heavily for for the certification. She’d had the LGB people or those in gender marker on her driver’s license same-sex relationships,” she corrected to match her gender identity, says. “The legal principles but she couldn’t get the same done are the same. And let’s not on her birth certificate, because Ohio forget that trans folks are doesn’t allow it. And that’s where she and ACLU Ohio) is important, because often LGB folks, too.” hit the snag that nearly cost her a great the state is one of only three—the Most courts thus far have bowed new gig. others are Tennessee and Kansas—that to those principles in ruling that trans “The TSA lady said to me, ‘Honey, continues to prohibit trans people from people have the right to correct their you gotta change your driver’s license correcting the gender marker on their birth certificate gender markers. Idaho back to male or I’m not doing this,’” birth certificate. That’s an all-important became the latest, in April, after a Ray recalls. “And she says this loudly document needed for everything from suit brought by Lambda Legal. Dani in front of other people. So I’m mad applying for jobs and schools to obtain- Martin, 32, a food-service worker as a bull and crying and I go straight ing marriage licenses and state health outside Boise, was the named plaintiff to the Ohio Department of Health’s care programs. in that case. (Another chose to remain office of vital stats and say, ‘My birth “Our most fundamental ID is our anonymous.) certificate is stopping me from getting birth certificate, because we use it to In the fall of 2015, while preparing a background check.’ And they say to access other ID documents,” says Kara to acquire a passport, Martin realized me, ‘Ohio doesn’t allow this correction, Ingelhart, Lambda Legal law fellow and she first needed to update the gender so it doesn’t even matter if you sue.’” a lawyer on the Ohio case. “It’s deeply marker on her driver’s license. She went But sue is exactly what she did, in troubling that trans folks are forced two years without being able to get a conjunction with Lambda Legal and to use a document that doesn’t match passport. Then a local trans activist, fellow named plaintiffs Ashley Breda their gender identity. That can be really Emilie Jackson-Edney, told Martin and Basil Argento. “Where do they get traumatic. It can also expose them to about Lambda Legal’s case, which she the right to determine who we are?” harassment and violence, because many joined, ultimately appearing in court asks Ray. “We need equal protections trans people are perceived accurately as before a federal magistrate judge. and rights.” the gender they identify as, but when “I was nervous,” she says. “I’d never The Ohio case (which Lambda they have to show an employer a birth been in a federal court.” But when the Legal is doing together with the ACLU certificate with an incorrect gender judge told the state to write a tempo-

4 LAMBDA LEGAL IMPACT | Summer 2018 LAMBDA LEGAL NEWS rary rule allowing trans people to correct their gender marker, Martin was thrilled. “My spouse and I are really excited,” she says. “Finally I’ll have all the documentation validating who I am.” (The rule will be made permanent in the next state legislative session.) Also in April, a U.S. district court struck down Puerto Rico’s prohibition on trans people correcting their birth certificate gender markers. “What’s unique about the case,” says Lambda Legal Senior Attorney Omar Gonzalez- Dentons is proud to Pagan, “is that the prohibition was based on a reading of the law from Puerto Rico’s Supreme Court 13 years ago.” support Lambda Legal He says that each ruling striking down such prohibi- tions across the country builds the precedent against and to sponsor the the few hold-outs. “These remaining jurisdictions that prohibit corrections to birth certificates are outliers,” he 2018 Liberty Awards says. “It’s hard to defend these positions in court. Puerto Rico tried and failed, and Idaho didn’t even try.” National Dinner. Victoria Rodríguez Roldán, 29, a Puerto Rico native who is now the senior policy counsel for the National LGBTQ Task Force in Washington, D.C., and director of We are honored to its Trans Project, was one of the Puerto Rico plaintiffs. The others were Daniela Arroyo González and a transgender congratulate Dentons man who goes by J.G. Senior Counsel Evan “It’s been one of my great goals to get to this point,” Rodríguez Roldán says, “because one of my first memories Wolfson on receiving the as a trans woman was Puerto Rico’s Supreme Court saying back in 2005 that we trans people were not worthy of Kevin Cathcart Award. recognition on our IDs. So this new ruling closes that Evan's tireless advocacy for circle for me.” The rulings are also a reminder that courts continue to the civil rights and human decide in favor of trans rights even in the Trump era. “This rights of LGBTQIA people administration is trying to erase trans people with its trans military ban,” says Lambda Legal’s Ingelhart. “But we’re inspires us all. still making progress with the visibility, acceptance and affirmation of trans lives.” Her colleague, Gonzalez-Pagan, agrees. “These decisions impact the administration, too, because any discriminatory actions they take against trans people will be impacted in court by pro-trans decisions like those rendered in Puerto Rico and Idaho,” he says. Meanwhile, in Ohio, as Ray waits for her own state’s Dentons. The world’s largest ruling, she was still able to get that new job. She contacted Sen. Sherrod Brown, who intervened on her behalf so she global elite law ˆirm.* could get her hazmat certification. Her lawsuit continues. “The state doesn’t have the right to determine who I am,” she says. dentons.com Now, less time on the road means more time to play © 2018 Dentons. Dentons is a global legal practice providing client services with Sam, her 12-year-old boxer mix. “He’s my old man worldwide through its member firms and ailiates. Attorney Advertising. Please and we cuddle,” she says. LL see dentons.com for Legal Notices. *Acritas Global Elite Law Firm Brand Index 2013–2017. lambdalegal.org 5 GET INVOLVED YOUR HELP IS CRUCIAL. Our rights are on the line.

e’re under constant There are many ways to support Lambda Legal. assault by Donald Trump, Mike Pence, $1 a DAY W n Billed as $30.42 monthly. You will also receive a free tote bag. Jeff Sessions and other anti- LGBT ideologues who aim to tear up our legal protections MONTHLY, n starting at $10. and force us back into the closet. JOIN THE LIBERTY CIRCLE, n starting at $1,500 In single or monthly installments. We defended our past gains. And we won new progress in the forum where we know how JOIN THE GUARDIAN SOCIETY n Include us in your estate plans, wills or bequest. best to win: in the courts.

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BATTLE ROYALE Trump is trying to stack federal courts with anti-LGBT conservatives, and Lambda Legal Legal is fighting him at every step

eet Kyle Duncan. He’s a “He was absolutely, hands- lawyer who’s spent a career down, the most pernicious of the disrespecting same-sex Trump nominees,” says Buchert. “M “Trump’s relationships and persecuting LGBTQ legislative A nomination is still pending families. Now Donald Trump wants to agenda is failing, for Matthew Kacsmaryk, proposed make him a federal judge. He would be so he’s trying to as U.S. district judge for Northern push as many appointed for the rest of his life.” right-wing District of Texas. He has repre- That’s the warning in a video ideologues onto sented an Oregon bakery in its the bench as he Lambda Legal released in early possibly can.”­ appeal of a ruling that said it can’t February, sounding the alarm against —Sasha Buchert, discriminate against LGBTQ Lambda Legal Duncan, whom President Donald staff attorney customers. And he has suggested Trump had nominated for a seat on the that transgender people are Fifth Circuit Court of Appeals, based in “delusional” and has called the New Orleans and covering parts of the effort to secure LGBTQ rights Deep South, where LGBTQ protections marriage equality to bestiality and “public affirmation of the lie that are already anemic. (He was confirmed called transgender people part of the human person is an autonomous in late April.) At press time, the video “Satan’s plan.” blob of Silly Putty unconstrained by has been viewed more than 100,000 Duncan is nearly as worrisome. nature or biology.” times and retweeted more than 1,000. “If he’d had his way, there’d be no Howard Nielson, nominated to be It’s just one of the ways that Lambda Obergefell,” says Buchert, referring to a district judge in Utah, is part of a law Legal has been pushing back against a the Supreme Court ruling that made firm that tried to get a San Francisco string of Trump picks for federal courts, marriage equality the law of the land. judge removed from a key marriage all of them among the most hostile “As an attorney, he personally asked the equality case on the grounds that the ever nominated not only to LGBTQ Supreme Court to strike down a lower judge was in a same-sex relationship. rights but to civil rights more broadly. court ruling against the marriage ban.” That, notes Buchert, is like arguing that Lambda Legal has led the charge among He’s also still defending HB2, says a judge of color is too biased to rule in a wide range of groups opposing these Buchert, North Carolina’s anti-trans a case about race, or a female judge in a nominees­—doing research, drafting bathroom bill. And he’s in court oppos- case about sex discrimination. letters, talking to senators, holding ing Gavin Grimm, the trans teen in Even more bad nominees are backed rallies and more. Virginia fighting for his right to use the up in the pipeline—which is why, “Trump’s legislative agenda is failing, bathroom at school. Buchert stresses, it’s so important that so he’s trying to push as many right- Buchert notes that Duncan also people urge their senators, regardless of wing ideologues onto the bench as asked the Supreme Court to strike party, to oppose these picks. Schedule he possibly can,” says Lambda Legal’s down a lower court ruling finding that a visit to their home-state office, pick Sasha Buchert. “They’re all straight North Carolina’s voter ID law aimed up the phone or tweet Lambda Legal’s white men in their mid-40s who will be to “target black Americans with almost alerts at them, she suggests. on the bench for a lifetime, long after surgical precision.” And he was the “We’re fighting these picks as hard as Trump is gone—unless we can do more lead counsel for Hobby Lobby in the we can,” Buchert says. “They’re all just to stop them now.” 2014 Supreme Court case that led to variations on Trump-in-a-robe.” LL Lambda Legal was part of the chorus the ruling allowing some companies to of outrage that successfully pressured deny employees coverage of things like Follow us @LambdaLegal on the White House to drop the nomina- birth control if they had religious or Twitter or go to lambdalegal.org/

PHOTO: JASONPHOTO: SMITH tion of Jeff Mateer, who compared moral objections. judicialnomineees for updates.

8 LAMBDA LEGAL IMPACT | Summer 2018 Committed to an Inclusive Culture Where All Can Thrive

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case that Lambda Legal argued, ruled that sexual orientation discrimination is a form of sex discrimination prohib- ited under Title VII of the federal Civil Rights Act. JUSTICE The case involved Donald Zarda, a New York sky-diving instructor who IN THE WORKPLACE in 2010 sued his employer after he was fired for being gay—and who later died in a BASE jumping accident. (His sister TAKING ON THE MILITARY’S and his former partner have continued OUTDATED, DISCRIMINATORY the suit.) HIV POLICY A trial court had dismissed Zarda’s Having served two tours overseas, in case, pointing to a precedent that said Afghanistan and Kuwait, and newly antigay discrimination was not covered in possession of a law degree, National by Title VII. But the Second Circuit Guardsman Nick Harrison, 41, was reversed and ruled that antigay discrim- ready to advance from enlisted soldier ination is a form of sex discrimination, to officer—specifically, to become a becoming the second federal circuit member of the Judge Advocate General to so rule, following Lambda Legal’s Corps, the legal division of the military landmark victory last year in Hively v. for the D.C. National Guard. Ivy Tech in Chicago. “I’ve always wanted to be an officer,” “So here we have the second federal he says. “JAGs are responsible for fixing appeals court to rule that Title VII problems. I’d have the opportunity covers sexual orientation,” says attor- to take care of soldiers who slipped essentially zero. And with successful ney Greg Nevins, Lambda Legal’s through the cracks.” treatment for HIV and an undetectable director of the Employment Fairness When he was accepted into the JAG viral load, a person has little, if any, risk Project. “We’ve been arguing that if you Corps in 2013, Harrison moved from of transmission. discriminate against someone for liking Oklahoma to Washington, D.C., for Both the Civil Rights Act and the men when they’re not a woman, or the job. But then his medical exam Americans with Disabilities Act do not liking women when they’re not a man, disqualified him. Harrison had tested apply in the military, so Lambda Legal then that’s sex discrimination.” It’s an positive for HIV the previous year and will argue the case as a constitutional understanding of the law that Lambda he’d been on easy-to-take meds and equal protection challenge. Legal has pioneered and courts are perfectly healthy ever since. But the Harrison, who remains in the increasingly agreeing with it. military generally doesn’t let people Guard as a reserve and is working in In Zarda, the U.S. Equal Employ- living with HIV serve overseas or as Washington as a civil contractor at a ment Opportunity Commission sided officers, thus curtailing their career Department of Defense agency, says, with Lambda Legal, clashing at the oral advancement. “I want to be the case to show that this argument with the U.S. Department Now, with Lambda Legal, he is policy is outdated. In this day and age, of Justice under Attorney General Jeff taking the policy to court. “Service there’s no reason why someone with Sessions. “Sessions was smacked down members with HIV are currently able well-treated HIV can’t serve overseas.” 10-3,” Nevins says. to take on any role and be deployed The issue of Title VII coverage is anywhere,” says Scott Schoettes, SECOND APPEALS COURT SAYS also before the Eighth Circuit, in St. Lambda Legal’s HIV Project Director. ANTIGAY DISCRIMINATION IS Louis, where Lambda Legal represents “The military is behind on the science.” COVERED BY FEDERAL LAW Mark Horton, who received an offer It’s been long-established that the February saw a huge legal LGBT rights for a new job in the geriatric care risk of transmission by merely living victory when the New York-based field—and gave notice at his old one— or working with people with HIV is Second Circuit Court of Appeals, in a before casually referring to his partner

10 LAMBDA LEGAL IMPACT | Summer 2018 as “he” in an email to the employer. That continues a streak of legal victories to make discrimination based on race, The employer’s responsiveness and for Lambda Legal’s Karnoski v. Trump national origin or alienage permissible. tone soured immediately, followed by a and other suits challenging the ban, “Strict scrutiny is the hardest test that rescinding of the offer. which Trump infamously announced the law knows and this is the first court “We persuaded an overwhelm- by tweet last summer, sending both in the country to ever apply it for trans- ing majority of the judges in Hively current and aspiring trans service gender folks,” says Renn. and Zarda—including a majority of members into a state of upheaval. Pechman also refused the govern- the judges appointed by Republican Ryan Karnoski, the lead plaintiff, ment’s request to get Trump himself presidents—with a common-sense, was on the cover of Impact’s last issue. removed from the case as a defendant. straightforward approach of just follow- He is a transgender mental health clini- And that’s as it should be, says Renn: ing the words of the statute,” Nevins cian in Seattle suing the government for “He’s the key architect of this ban.” says. “That should serve us well in the the right to enlist. The Trump administration had conservative Eighth Circuit.” The judge, Marsha Pechman, also hoped that by making a few minor “At very least,” he says, “the victories said that any time the government tweaks to the ban, announced in a so far are a good sign if this issue goes wants to discriminate against trans- March 23 allegedly “new” plan, it could to the Supreme Court.” gender people, it has to satisfy “strict get the injunction lifted. But Pechman scrutiny.” ruled that the current policy is essen- ANOTHER VICTORY AGAINST “This is big,” says Lambda Legal tially an implementation of the same TRUMP’S BAN ON TRANS senior attorney Peter Renn, among ban announced last summer. PEOPLE IN THE MILITARY those arguing Karnoski v. Trump. It The case is on track to go to trial in In April, a federal judge in Seattle ruled means the government must show a early 2019. Similar cases are pending that the injunction stopping President compelling reasons that the discrimina- in three other courts. “We’re confident Donald Trump’s ban on transgender tion is necessary, the same very high— that the ban is still doomed at its next service members should stay in place. often insurmountable—bar required reckoning,” Renn says. LL

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lambdalegal.org 11 FEATURE “RELIGIOUS FREEDOM” Get ready for the latest trend in anti-LGBT discrimination BY MIKE ALBO

In 2012, Laurel and Rachel Bowman-Cryer, together In 2015, Krista and Jami, received a note from their 11 years and foster parents to two girls, were planning on pediatrician: “After much prayer following your prenatal, getting married. In January 2013, Rachel went with her I felt that I would not be able to develop the personal mother to a wedding cake tasting at Sweetcakes by Melissa patient-doctor relationships that I normally do with my in a suburb of Portland. When he heard the wedding was for patients.” Thus they found themselves with their six-day old a lesbian couple, Aaron Klein, co-owner of the shop with his infant in the office of a doctor they had never even met. wife, Melissa, said, “We don’t do same-sex weddings” and called the couple’s relationship an “abomination.” Bowman filed a complaint. Aaron Klein posted the complaint on his Facebook page and went on a right wing talk show. The couple started receiving death threats. “Can’t wait to see you die and go to hell,” one message said.

fter marriage equality gained the freedom to marry in all 50 beliefs, but actively curtailing their right became the law of the land, states. These attacks are as old as our to exercise their religion. many LGBT people breathed movement, but they are dressed now Calling this kind of bigotry “religious a sigh of relief. We could in a new outfit. Now discriminators are freedom” is smart branding. But the marry. We had fun Pride claiming victimhood themselves, saying label is an Orwellian use of language parades. We had Ellen and that LGBT people are attacking their that smooths over its real intent. It is ARuPaul’s Drag Race and Orange Is the “religious freedom” by existing openly. part of an alternate reality of alternative New Black. The future looked bright. The claim is that the daily activity of facts where white people are oppressed, But the truth is that attacks on our LGBT people—from seeking medical help immigrants are criminals and people basic rights have been ramping up to ordering wedding cakes and more—is who discriminate are the ones being since long before same-sex couples not just offensive to someone’s religious discriminated against.

12 LAMBDA LEGAL IMPACT | Summer 2018 Religious freedom—a core value of Of course they’re ruling that the Colorado civil rights our country since its founding—has been free to discriminate agency violated the religious rights of weaponized. a Denver baker who refused to sell a “A more accurate term is ‘religious in their churches and social same-sex couple a wedding cake. exemption’ or ‘religious refusal,’” says clubs. The Constitution Jennifer Pizer, Law and Policy Director “ absolutely protects them. A NATIONAL STAGE at Lambda Legal. These new attacks, Thanks to our current administration, she explains, come in tandem with our But if they are operating this religion-couched anti-LGBT agenda community’s growing expectation of a business that the state is increasingly taking hold on the equal treatment in the marketplace. regulates to protect the national stage. “As it became clear we were going to In May 2017, President Trump issued win marriage equality, we started to public, then they must an executive order announcing a new see a new category of wedding-related follow the law.” priority of certain conservative Christian discrimination.” —Jennifer Pizer, Law and religious values over other public Suddenly some cake-makers and Policy Director, Lambda Legal policies and directing the Department of florists and dress designers have had to Justice to “develop new rules” to afford confront their own prejudices against And they have plenty of right-wing maximum protection to people who feel same-sex couples celebrating weddings. Christian legal groups with names like as though their religion is burdened by Some in the wedding-services industry the Alliance Defending Freedom ready federal law. have re-examined their own biases to swoop in and help them fight the In 2017, Attorney General Jeff and evolved, while others seem, well, evolution towards more enlightened Sessions did just that, releasing hellbent, on going down in history as views. guidance instructing all federal agencies holding abhorrent attitudes as those ADF was behind Masterpiece to give lenience to staff, federal contrac- who condemned interracial couples in Cakeshop, in which the U.S. Supreme tors and grantees who want to exempt the name of religion. Court issued a limited, fact-specific themselves from federal laws, rules and

lambdalegal.org 13 regulations based on religious beliefs. “I was one of the people who fought Then, in January of this year, the this battle with HIV, when there was Office for Civil Rights within HHS widespread discrimination in dental formed a new Conscience and Religious offices,” he says. “Dentists told people Freedom Division. Its stated purpose to go to Whitman-Walker. Not only is is to protect health care providers who that not acceptable in terms of stigma refuse to provide services that contradict and trauma, but a lot of these folks their moral or religious beliefs. It was an didn’t make it to us. And if they had, invitation to discriminate, putting the we wouldn’t have been able to take future of health care for LGBT people— them all on.” a group already facing significant The same holds true today. Religious challenges in the medical community— exemptions that allow wrongful at risk. discrimination will leave many LGBT Considering this administration’s people stranded without medical care, cast of characters, it’s not hard to worry no matter how robust LGBT clinics just how religious-exemption policies $107 million budget and eight facilities, may be. “There are a lot of medical may be used. Ben Carson, secretary of serving 42,000 clients a month. specialties that we are not equipped Housing and Urban Development, is a “As doctors refuse to treat, we could for,” says Bruner. “If someone needs guy who compared marriage for same- continue to see increases because the a kidney doctor, to say nothing of sex couples to bestiality and pedophilia, community is not receiving services, surgery, we can’t provide that.” And for and Education Secretary Betsy DeVos so they just come here,” he says. “Our trans people, who need medical care rescinded the Obama-era guidance transgender care services and clinics are to become their authentic selves, the urging Title IX protections for transgen- already waitlisted. The same thing could der students. be said for our senior services. The 100 Calling this kind of And, of course, this administration’s units in Triangle Square, our new senior vice president, Mike Pence, as gover- living facility, already have a three-year bigotry ‘religious nor in Indiana in 2015, signed a bill wait list.” freedom’ is smart allowing individuals and companies to Our community has always strived branding. But the label defend themselves legally if they feel to take care of our own. But we also “ their exercise of religion is “substantially need to rely on public services and is an Orwellian use of burdened.” funds, just like everyone. “We can’t language.” provide health care to everyone who TO THE BREAKING POINT lives in the D.C. metropolitan region,” options become even more bleak. Religious exemption demands go far says Daniel Bruner, senior director of Jionni Conforti’s story provides a beyond wedding cakes and flowers. policy at Whitman-Walker Health Clinic cautionary tale. Conforti, 33, who is Potential federal permission to turn in Washington, which provides crucial transgender, contacted St. Joseph’s away LGBT people from health care health and mental health care to LGBT Regional Medical Center in Paterson, services, for example, paints a very patients in the metropolitan area. NJ, for a routine hysterectomy as treat- dark picture. “That’s impossible.” ment for his gender dysphoria. The “Religious exemption is the great- Like GMHC and the Callen-Lorde hospital, which had treated him and his est threat to the LGBT community since Community Health Center in New family members for years, scheduled HIV,” says David Garcia, director of policy York, and other LGBT-created health the surgery. at the Los Angeles LGBTQ Center, who care centers across the country, the But soon after, Conforti received worries his group might see a surge of Whitman-Walker clinic emerged from an email from hospital administrator new service requests. The center is the the AIDS crisis. Bruner, a longtime D.C. Father Martin Rooney that the surgery largest of its kind in the world, with a activist, recalls those challenging times. was cancelled. “This is to inform you

14 LAMBDA LEGAL IMPACT | Summer 2018 that as a Catholic Hospital we would nondiscrimination statute, allows As government accepts this shunning not be able to allow your surgeon religious institutions to limit hiring to of LGBT people based on religion, they to schedule this surgery here at St. people of their same faith. feel their spiritual lives are jeopardized. Joseph’s,” the email reads. In January “Of course they’re free to discrimi- To feel like a sinner, a pariah, banished of last year, Lambda Legal filed a suit in nate in their churches and in social because of others‘ beliefs, can corrode federal court on his behalf. clubs,” says Lambda Legal‘s Pizer. "The their own faith. It’s an aspect of the Religion-based denial of care hits Constitution protects them. But if they LGBT struggle that is often overlooked, the most vulnerable in our community are operating a business that the state but to these people of faith, it is crucial the hardest, including transgender and regulates to protect the public, they to our community’s collective soul. bisexual people, seniors and people must follow the law.” This makes places of worship that are living with HIV. One area it could Bruner at Whitman-Walker sees an LGBT friendly especially vital now. Every seriously affect is LGBTQ youth. A 2014 even larger problem. “This interpreta- Sunday morning, Rev. Kenny Callahan, joint study by the Los Angeles LGBT of the Metropolitan Community Center and the Williams Institute found Church of Richmond, Virginia, begins that a whopping 19 percent of kids There’s a harmony his service saying the same thing: “It placed in foster care identify as LGBTQ. that we must doesn’t matter who you are, where Turned away from their families, “these maintain. There has to be you’ve been, what you’ve done, how kids end up in our facilities, which freedom from another you love or who you love, you are are also at capacity, or they become “ welcome here.” homeless,” says Garcia. “The street person’s freedom—not to Surrounded by conservative economy is very quick to pick them up.” be harmed by another’s Christians, the Richmond MCC, Shockingly, the biggest trend in founded in 1978, is one of the oldest religious exemption policies is state exercise of freedom.” churches in the state to accept LGBT laws that allow taxpayer-funded child people. Parishioners come from all welfare agencies to deny care to LGBTQ tion invites chaos,” he says. “It’s much over, some driving over two hours to youth and to refuse to place children in broader than just discrimination against attend services. queer families. Texas passed such a law LGBT people. According to this, if I am One parishioner, Callahan says, is in 2017, and Oklahoma and Kansas a health care worker and believe Islam a trans senior citizen who cares for his did in 2018. is terrible, why can I not discriminate grandchildren as a man. “But she drives Meanwhile, Texas couple Fatma against a Muslim woman?” an hour, and in several rest stops on Marouf and Bryn Esplin were denied Like many of this administration’s the way, she changes into her authentic a chance to foster a refugee child attacks on our country’s core values, self,” the pastor says. “She says when because, they were told, their family did the strength of the Constitution and she is here it is the only place where not “mirror the Holy Family.” Lambda our system are being tested. “Religious she can feel normal, validated as she Legal is suing on their behalf as well. freedom has been at the core of the has always felt. That’s the beauty of our American Experiment going back to church, that that woman has a place to AN ATTACK ON THE CONSTITUTION de Tocqueville,” says Pizer. “There’s a be where she can’t be anywhere else.” What’s most misleading about all these harmony that we must maintain. There In these dark times, when religion efforts is that the U.S. Constitution has to be freedom from other people's is being used to promote hatred and federal and state laws already freedom—not to be harmed by anoth- and division, putting a strain on our provide strong protections for religious er’s exercise of freedom.” resources and encouraging hopeless- belief, but when it comes to conduct ness, it’s important to keep that commit- that affects others, the protections AN ATTACK ON THE SOUL ment in mind. The LGBT community are tailored. For some religious and observant LGBT and our allies can respond as we have For example, Title VII of the Civil people, an especially damaging aspect done in previous dark times, with love, Rights Act, the federal employment of this agenda can’t be readily seen. togetherness and inclusivity. LL

lambdalegal.org 15 FEATURE

AST JUNE, ON HER FIRST DAY now 34, was one of very few openly rehabilitative activities they would not OUT OF PRISON, PASSION transgender or gender-nonconforming have in isolation.” STAR AND HER FAMILY WENT inmates in the custody of the State of The settlement also requires Texas TO THE MALL. It was meant Texas. She’d been a prisoner there since to re-train prison staff on the revised to be an ordinary visit, just 2003, and had confronted a wash of policies within two years. Lambda Legal to reacclimate her with the horrors within many corrections facili- continues its legal and educational work Lworld beyond bars, a world that ties: Long stretches in solitary; sexual around the issues affecting transgender had changed during her 15 years assault; repeated rape, once at knife- women of color and transgender and of incarceration, serving a sentence point; harassment; and other violence, gender-nonconforming individuals in for aggravated kidnapping in the including an attack in which her face prisons and jails around the country. Texas Department of Criminal was sliced with a razor. That wound “I didn’t know this was gonna be that Justice system. required 36 stitches. Through all of this, big, but it’s what I wanted to do,” Star But the trip to the mall the state’s Department of Corrections says. “And I did it. There was no selfish was unnerving for Star, even challenged her transgender identity, and reason behind it, I was just pouring out overwhelming. The strictly though she lodged complaints for years, my heart.” enforced, almost robotic order she was not placed in safer housing Surveys suggest that nearly one in of prison movement—stay within the system until March 2015, six transgender Americans has been to to the right, only walk in after Lambda Legal intervened. Legal prison. And 50 percent of black trans- straight lines, never stop or action was facilitated by Star’s copious gender people, this research shows, have speak without permission— recordkeeping, evidence of years of been incarcerated. Transgender rights was abandoned. Shoppers sustained, audacious self-advocacy. After advocates attribute this to a conflu- meandered around, talking numerous attempts, she was granted ence of factors, primarily the intersec- on their cell phones, laugh- parole in December 2016. She received tion of over-policing and profiling of ing loudly, idly chatting. a settlement in March 2018. low-income communities, especially Even their revealing summer Star’s settlement included an undis- black and brown ones, and criminaliza- clothes were strange. closed monetary payment and an agree- tion of transgender people. Transgender It was all too foreign, all ment from the Texas Department of women, many of them poor, are often at once. Star had an anxiety Criminal Justice to change their policies falsely arrested for soliciting, lack of attack. to better protect LGBT people being “proper” identity documents and even, “Everyone is in an held in their facilities. in some jurisdictions, threatened with assigned place at an “These include improving intake arrest for using the “wrong” bathroom assigned time,” Star processes to better identify vulner- or locker room, notes the Sylvia Rivera says of prison. “In the able people early on, so decisions with Law Project, which advocates for mall, it wasn’t like that. respect to housing and placement can be transgender rights among marginalized Everybody was just made in ways that better protect them,” communities. walking around, and says Demoya Gordon, Lambda Legal Once inside prisons and jails, which not paying attention Transgender Rights Project attorney are often sex-segregated, transgender to where anyone else and lead lawyer on Star’s case. “The and gender-nonconforming people are was going. And I presumption now is that someone at dramatically heightened risk of abuse didn’t know what to who faces sexual or physical abuse, or or harassment. Research published in do.” She laughed as credible threats of sexual or physical 2009, found that transgender people in she recounted the abuse, will be placed in safekeeping, California facilities were far more likely incident months where they can be separated from those than others to experience sexual assault, later. “I was terri- who would seek to abuse them while overwhelmingly more likely to be fied,” she says. still having human interaction and sexually assaulted by an attacker with a

PHOTOS: VANESSA VELAZQUEZ VANESSA PHOTOS: A year ago, Star, access to the recreational, vocational and weapon, and, perhaps most troublingly,

16 LAMBDA LEGAL IMPACT | Summer 2018 roughly half as likely to be provided medical attention. Though the academic, legal and corrections communities have been aware of the unique risks justice system involve- ment poses for transgender and gender-nonconforming people in prison, the public has largely been blind to these issues. Star’s case was one that received national attention in 2015, when her case was profiled by The New York Times, among other outlets. That spotlight, many agree, was the result of Star’s own efforts to get help.

WRITTEN IN THE STARS WITHPASSION After many horrors while being incarcerated, a Lambda Legal client achieves a lifesaving victory BY ESE OLUMHENSE

lambdalegal.org 17 of me being killed outside prison,” can only express their gender identity she says. This, she thinks, stemmed by appearing feminine. Those who from the death of a friend who had feel it does underestimate her need for been incarcerated with Star, who left safety and stability, she said. prison the year before she did and died “My life has never been my own, so months later, after overdosing on pain I’ve always had to do what’s necessary medicine, she said. to survive,” she once told to Gordon “It’s a bit of a trip,” she says of the over the phone. adjustment. “You don’t understand In the male-dominated, physical how far the world moves while you’re spaces she’s worked, her appearance in a stagnant state until you’re pushed is something of a survival strategy, a into it and you’re basically told to swim shield safeguarding her from possible or drown. You never really know how discrimination, harassment, or worse. you’re gonna perform in that.” “I don’t really care how anyone The first few months out were feels about it,” she added. “I don’t see particularly hard and, in the last year, nobody hiring transgender people to she has faced numerous obstacles, work at the places that I have had to “Surviving in any form of detention including periods of unemployment work since I have no way of passing... is incredibly difficult for anyone, but and struggling to make ends meet. I am a convicted felon living in the it is particularly hard for transgender She worked for a time at a meatpack- real world and having to adapt all women, who are especially vulnerable ing plant, labor that involved early over again.” to sexual and physical violence in the mornings, long days and arduous tasks. male facilities where they are typically She struggled to get to work due to Surviving in any housed,” says Gordon. “One of the lack of money for gas and unreliable form of detention reasons Passion is such a great client vehicles. is she is amazingly well-organized, Relationships with family members is incredibly difficult for resilient and diligent. She exhausted were at turns strong, then strained. anyone, but it is particularly every step of virtually all of her many Her home was broken into; she “ hard for transgender grievances and had paperwork for even had a gun pulled on her in the everything.” neighborhood. women, who are especially “People should not have to do “It wasn’t anything like I thought it vulnerable to sexual and this in order to be able to file suit would be,” she says, her tenor careful physical violence in the male for abuses they face in prisons and and measured. “I fell on my face a few jails—especially since grievance rules times. Nothing got easier, nothing got facilities where they are often impose short filing deadlines, easier, nothing got easier.” typically housed.” are inconsistently administered, and Others have even questioned her —Demoya Gordon, Transgender Rights involve numerous confusing and gender presentation, a painful part of Project Staff Attorney, Lambda Legal unclear steps—but unfortunately they the readjustment process Star is under- do,” Gordon says. going. Some say she does not appear Though much of this struggle is feminine enough to really be trans- Things started to change this spring. behind Star now, freedom has not been gender, that her sculpted physique, “Just got married,” Star texted me on easy, she says. First were the night- taut muscles, and bald head betray her the night of April 11. She and her wife, mares, which started seeping into her gender-fluid identity. Taleshia, are having fun exploring new dreams after she found out she would Star, who identifies as gender fluid, things together, showing their cars off be paroled. scoffs at the thought that transgender on Facebook in front of a backdrop of “I kept having the recurring dream and gender-nonconforming women neat homes and carefully manicured

18 LAMBDA LEGAL IMPACT | Summer 2018 lawns. “Congrat- ulations!” I responded, thumbs excitedly flying across my phone screen as I wrote. “How does it feel?” “It feels real,” she replied. She got a new job working for a software installation company, she said. She pierced her lip Congratulations and gauged her ears, too, she said, body We are pleased to support mods she didn’t dream of having just a year Lambda Legal for its ago. She also bought a dark grey Camaro, achievements in making outfitting it with matte the case for equality. black rims, new speak- ers and an amp, as well as lights and a remote start. She’s relearning how to live, in some senses, and enjoying the ride. Learning to use a smartphone was a new experience, because phones didn’t even have cameras when she first went to prison. It was like “alien technology,” she says. Now she loves it, posting selfies often on social media. “Things just are,” Star said, her contentedness obvious. “We live life. I’m just grateful that I found someone who loves me for me,” she said. “I don’t really have any problems.” She plans on pursuing a career as a paralegal. “I want to try and break my curse,” she says. LL

lambdalegal.org 19 CULTURE WHAT’S HOT FOR SPRING/SUMMER The top 9 LGBTQ arts and entertainment events you won’t want to miss!

THEATER The show will run June 12 to July 15 in immortalized in the documentary Paris 01] THE CHER SHOW Chicago before transferring to Broadway in is Burning. Stars of this TV dance musical Do you believe that this is happening? If the fall. Don’t miss it—you can’t turn back include Kate Mara, James Van Der Beek, anyone has a life story and musical output time! thechershowbroadway.com the transgender actor Angelica Ross and ripe for a big, splashy Broadway jukebox the gay Kinky Boots star Billy Porter. bio-musical, it’s Cher, who has turned out OK, Miss Murphy, you better werk! (And TELEVISION both hits and looks—or what the kids now we’ll admit the eight-second trailer at call lewks—for a remarkable half-century. 02]POSE fxnetworks.com/shows/pose looks pretty From her teenage flower-child “I Got You, TV titan Ryan Murphy has produced some fabulous.) June 3. Babe” days with Sonny to her Bob Mackie- pretty gay stuff in recent years—everything fabulous 1970s, from her 1980s serious- from the unabashed queerness of his FICTION actress phase to her big 1998 “Believe” American Horror Story franchise to the comeback to her current incarnation as meta-camp of the Bette Davis-Joan 03]MAGGIE TERRY Trump’s worst nightmare on Twitter, it’s Crawford Feud to this year’s American Sarah Schulman all there. Broadway darling Stephanie Crime Story, tackling the homophobia Block (Wicked, The Boy From Oz) will play and self-loathing surrounding Andrew the adult Cher, with two other actors Cunanan’s 1997 assassination of Gianni playing younger versions of the Goddess Versace. Now, working with a large team of Pop. The Cher Show has a book by Rick of queer and transgender writers, directors Elice (Jersey Boys), direction by Jason and actors including Janet Mock and Moore (Avenue Q) and orchestration and Our Lady J, he takes on the 1980s New arrangements by Daryl Waters (Memphis). York City gay and trans voguing scene The eleventh novel and seventeenth book from lesbian author, playwright and social critic Sarah Schulman (After Delores, Conflict is Not Abuse) is a thriller about a lesbian former NYPD detective fresh out of rehab and fighting to put her career back together and reconnect with her young daughter. She’s back to work and stumbling her way through an ultra-wealthy new downtown full of Trump- hating Manhattanites when she’s thrown on the case of a young actress who seems to have been murdered by her boyfriend, a successful older male novelist who lives in a grand Greenwich Village townhouse. A scene from Pose “Everyone was in a state of confusion PHOTO: JOJOPHOTO: WHILDEN/FX because the president was insane,” is the

20 LAMBDA LEGAL IMPACT | Summer 2018 opening line, setting the tone for a classic an intensity and passion that offers Schulman tale that’s as much murder readers a deep understanding of a gay mystery as it is a grimly funny comment black male coming of age who open- on our semi-dystopian moment. Feminist heartedly claims his identity, and who Press, September, $17.95 embraces redemptive suffering.” May, Barbara Gittings, after an interview Hachette Book Group, $26. with Eric Marcus, for the first edition of NON-FICTION Making Gay History PODCAST in 1989. 04]NO ASHES IN KAY LAHAUSENPHOTO: THE FIRE: COMING OF 05]MAKING leaders of the pre-Stonewall “homophile” AGE BLACK AND FREE GAY HISTORY movement, and Deborah Johnson and There are some amazing, funny, sassy, Zandra Rólon Amato, two lesbians of IN AMERICA smart LGBTQ podcasts out there right color who in 1983 successfully sued a Queer author, educator and activist Darnell now—among them “Keep It” with Louis Los Angeles restaurant for refusing them Moore was one of the original Movement Virtel, “Las Culturistas,” “Food4Thot,” service. In October, Marcus will release for Black Lives organizers, mobilizing buses “LGBTQ&A” and “Nancy.” But the most Season 4, focusing on the period from from New York City to Ferguson, Missouri, substantively historical is “Making Gay Word War II through the eve of Stonewall. History,” which is also the name of a 2002 book by esteemed LGBTQ historian VISUAL ART Eric Marcus. The podcast series, all three seasons (and counting) of which are 06]DAVID available at makinggayhistory.com and via WOJNAROWICZ the Podcasts app on your phone, is drawn Before he died of AIDS in 1992, gay New from Marcus’ extraordinary archive of Yorker David Wojnarowicz became one of audio interviews with LGBTQ historymakers the most important artists and writers of dating back decades, bracketed by his own the 1980s, working in mixed media—paint, invaluable context. There are episodes with silkscreen, photography, text, collage well-known figures like Ellen DeGeneres, and more—to make a stunning body of PHOTO: ERIK CARTERPHOTO: Larry Kramer and trans pioneers Marsha explicitly political work. His themes were Darnell Moore P. Johnson and Sylvia Rivera, as well as homosexuality, beauty and the oppressive with more obscure but also pivotal folks role of the state, which he wove through after the police murder of Michael Brown. like Barbara Gittings and Kay Lahusen, his work. He became one of a generation of In this politically charged memoir, he recounts how he suffered growing up black and gay in Camden, New Jersey—when he was 14, three boys from his neighborhood tried to set him on fire—and how, with mentors and peers, he grew into his power as a gay black man in an era when LGBTQ lives of color are under attack. A graduate of Princeton Theological Seminary who’s now a writer-in-residence at Columbia University, he tells his complex and affecting story in this book. No less a black liberationist voice than bell hooks says that No Ashes in the Fire is written “with David Wojnarowicz, Untitled (Green Head), 1982.

lambdalegal.org 21 CULTURE

being gay. The musical is both raunchily hilarious and dreamily moving, full of classics like “Wig in a Box,” “Origin of Love” and “Wicked Little Town.” Make it a queer Philly weekend and stay at the Alexander Inn, dine at Knock Restaurant and Bar and party at Woody’s—a trio of beloved LGBT-leaning spots. June 1—25, tickets $25-$35, retheater.org.

GUIDEBOOK 09]HOW TO WRITE RuPaul’s Drag Race alum AN AUTOBIOGRAPH- Mimi Imfurst in Hedwig and the ICAL NOVEL Angry Inch. Queer novelist Alexander Chee had a PHOTO: KAY LAHAUSENPHOTO: hit in 2016 with The Queen of the Night, extraordinary gay artists—including Keith joined by Troye Sivan, Xavier Dolan (I Killed the sumptuous story of a 19th century Haring, Robert Mapplethorpe, and Peter My Mother, Mommy), Michael Balzary (Flea Paris opera diva and her secret past. Now Hujar, Wojnarowicz’s lover and mentor—to from the Red Hot Chili Peppers) and the he returns with this erudite and witty die young from the AIDS epidemic. Now, inimitable Cherry Jones (24, Transparent). collection of essays New York’s Whitney Museum presents The Los Angeles Times said that the book’s in which he, to the first major exhibition of his work in power “resides not only in the vividly quote the preview more than a decade—at a moment when depicted grotesqueries of the therapy copy, “reckons the output of this “lost generation” of gay system, but in his lyrical writing about with his identities artists is being considered by a rising new sexuality and love.” Will the film measure as a son, a gay wave of queer thinkers and creators. July up? September 28. man, a Korean 13—September 30. American, an THEATER artist, an activist, a lover, and a MEMOIR 08]HEDWIG HITS friend.” “The only 07]BOY ERASED PHILLY things you must Garrard Conley’s 2016 memoir of being Take the wig down off the shelf and head have to become a writer are the stamina outed at 19 to his Arkansas family and to the City of Brotherly Love. Hedwig and to continue and a wily, cagey heart in the forced into “conversion therapy” to undo the Angry Inch, John Cameron Mitchell’s face of extremity, failure, and success,” he his gayness is now a movie. Directed glamtastic rock musical about a Cold writes in an essay on his career. Another by and featuring Joel Edgerton—writer, War-era East German gay boy who grows piece recounts his earlier years working as director and lead actor in 2015’s supremely up to be the stage-strutting, big-haired a cater-waiter for homophobic conservative creepy thriller The Gift—the movie has and broken-hearted Hedwig, comes author William F. Buckley. Kirkus praises a powerhouse cast: Lucas Hedges to Philadelphia for the month of June, Chee’s “consistent care with words and (Manchester-by-the-Sea, Lady Bird) plays starring local boy and RuPaul’s Drag open-hearted tone; having been through Conley and Russell Crowe and Nicole Race alum Mimi Imfurst. That’s the stage emotional and artistic wars, he’s produced Kidman his conservative Baptist parents, persona of Braden Chapman, who credits a guidebook to help others survive them who insist on the treatment if he wants his CD of the musical with saving his life too.” April 24, Mariner/Houghton Mifflin to stay in their family and church. They’re when his parents kicked him out at 15 for Harcourt, $15.99. LL

22 LAMBDA LEGAL IMPACT | Summer 2018 Culture | Opportunity | Community

We applaud and support Lambda Legal’s mission to achieve full recognition of the civil rights of LGBT people and everyone living with HIV.

©2018 Hunton Andrews Kurth LLP | www.HuntonAK.com

lambdalegal.org 23 LAMBDA LEGAL & FRIENDS

LAMBDA LEGAL IN FORT LAUDERDALE LAMBDA LEGAL IN ARIZONA Phoenix, April 12, 2018 Bonnet House Museum & Gardens, March 25, 2018

Board Chair Anne Krook joined supporters Stephanie Martin, Carmen Jandacek, event co-chair Nonnie Shivers and Erin Borg at a private home for an annual celebration of Lambda Legal supporters in Arizona. Long-time supporters Beverly Dash and Debra Lobel received recognition for Co-chairs their commitment to Lambda Legal as Julius this year’s featured honorees. Carter and Anastasia Kraupp BON FOSTER CIVIL RIGHTS CELEBRATION welcomed Morgan MFG, Chicago, April 19, 2018 guests for a brief program.

More than 500 guests gathered in Chicago to demonstrate the Power Lambda Legal of the Party at the annual tribute to Board Member the legacy of Robert “Bon” Foster, Roderick Hawkins founder of Lambda Legal’s Midwest with Darrious Regional Office 25 years ago. Hilmon.

SAN FRANCISCO SOIRÉE Fairmont, April 20, 2018

Lambda Legal’s client in our challenge to a ban on transgender service members, Ryan Karnoski, shared his story at the SF Soirée. Here he is on the red carpet with wife Ester Co-chairs of the San Francisco Leadership Committee Matskewich and Harold Hagen and Michael Stevens served as hosts of Lambda Legal an evening that included dinner, drinks and dancing to Law Fellow a live band. Kara Ingelhart.

24 LAMBDA LEGAL IMPACT | Summer 2018 NEW YORK NATIONAL LIBERTY AWARDS Chelsea Piers, April 30, 2018

Guests were treated to the powerhouse vocal stylings of Broadway actor and vocalist Nathan Lee Graham.

Orange is the New Black’s Lea DeLaria hosted Lambda Legal’s biggest gala of the year and was joined by fellow cast members Selenis Leyva and Abigail Savage.

“The work of Lambda Legal is the work of our movement, but it is also the work of We the People, called now to do more—not just for ourselves and our movement, but for the many communities and values under assault.” —LGBT rights pioneer and Liberty Award recipient Evan Wolfson

SPOTTED ON THE RED CARPET

Seth Marnin, Lambda Legal CEO Rachel B. Tiven, filmmaker and actor John Cameron Mitchell and director Stephen Winter

Vine influencer Jeffrey Marsh

Transgender pop phenom Kim Petras, who kicked off the after-party Lambda Legal employment discrimination plaintiffs Lawyer Mark Horton, Jameka Evans and Kim Hively and activist Justin Mikita

lambdalegal.org 25 7 MINUTES WITH ARIEL GOLDBERG Digital Deputy Director, Lambda Legal, Dallas; joined 2012

What’s always in your bag? I’ve been very obsessed with growing my nails out lately because and people from non-Western countries. acrylics and gels absolutely ruin my nail beds, so I always have some cuticle oil and a bottle of OPI Nail Envy on me. What’s on your bucket list? #YesAllFemmes There are a few countries on my list that I’ve never been to but that my family is from, like Panama, Morocco, Greece, and What was the last show you streamed? Turkey. I’m also dying to visit Japan, South Africa, India, Mexico, I’d like to pretend that it was something educational or impressive Nicaragua, Costa Rica, Brazil, Venezuela, Australia, New Zealand, or interesting like Wild Wild Country, this new(ish) docuseries on Tanzania, Zambia, Zimbabwe, Egypt, Kenya, Thailand, South Korea, Netflix that my roommate and I binged in a weekend, but honestly Indonesia, Vietnam, Puerto Rico, Cuba, Alaska, Greenland. it was an old episode of Fixer Upper. I’ve been rewatching it from And that’s not all. The list is clearly endless. the beginning now that it’s over. I am pretty much obsessed with everything HGTV and Food Network put out. What do you do at Lambda Legal? I’m our deputy digital director. Everything from the website What’s something you’ve done at LL that most to social media to graphic design to video content to email people don’t know about? communications. As the deputy director I tend to have my fingers When we were filing our Karnoski case against Donald Trump’s in everything. ban on transgender service members in the military, we broke the news pretty early one morning so I worked from home before What‘s challenging about your job? heading into the office. Later that day, I discovered that our The 24/7 news cycle. My team is amazing at sharing the slack, breaking-news tweet, which I had posted from my bed, had been but generally when you see the @LambdaLegal Twitter account shown on MSNBC. How many people can say that a tweet they tweeting at midnight on a weekend, it was probably me. I’ve had wrote from bed ended up on MSNBC? to pull out my laptop and get to work when news has broken during birthday parties and dates more often than I’d like to admit. What are you most proud of? It’s a lot, and I don’t think people realize how much work goes into I co-run an international summit for women digital media every single piece of content that we put out. Also, the trolls are influencers in the travel industry. We’re about to have our challenging. biggest event yet in Québec City, Canada, and I’m moderating our closing keynote on #TimesUp, #MeToo, and the role of travel What‘s rewarding about it? influencers in furthering the global conversation about sexual Can you give us one example? harassment and assault. I’ve been working in travel spaces for Getting to work with my brilliant, hilarious, smart, and passionate a few years now and am privileged to have been able to visit team. We all work so hard and manage to do so with support and 15 plus countries, with more to come! I’m really proud that I’ve respect for each other and our individual talents. Sometimes that succeeded at helping to tell stories from people whose voices support is sending each other long strings of GIFs of the Fab Five are frequently not prioritized in travel writing—in particular from the new series of Queer Eye, but hey—whatever works. LL women, queer people, people of color, differently abled people,

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KAREN AND NELDA MET AS COLLEGE STUDENTS IN HUNTSVILLE, TEXAS, IN 1957. “I was engaged to a boy who I was with for four years,” Karen says. But soon after she moved into the same dormitory as Nelda, they became good friends and realized that they shared a lot in common. “I found out that Karen grew up in the Methodist church,” Nelda says. “I grew up in the Baptist church, and we shared the same values of honesty and caring for other people.” Their relationship gradually deepened and became romantic. They left college and moved through life together, but they were careful to maintain an illusion of heterosexu- ality. “I was working at an oil company, and I had a fake life there where I had a boyfriend,” Karen says. “If people knew you were gay, you were fired right away. In Texas, you could get arrested, you could lose your friends, your family, and your church.” Nelda and Karen, center, with their two great-grandnieces Marissa and Sharla. When Karen and Nelda became Lambda RANDYPHOTO: BINGHAM Legal plaintiffs in Arizona’s marriage equality case in 2013, on cloud nine just knowing that people still cared for us,” they’d been together for more than 57 years. Together, says Nelda. “We didn’t realize how good it would feel.” they’ve raised two children, Karen’s great-grandnieces, Karen and Nelda have been supporting Lambda Legal Marissa and Sharla, as their own. Sharla came into their since 2005, and they continue to stand with us in our fight home at 4, and six years later Marissa did at 3. Today, the for full equality for LGBT people and everyone living with girls are 26 and 19. HIV. “Lambda Legal has our lifetime support,” says Nelda. “The first time we came out was actually to the two “It is the most important LGBT organization, because if you girls,” Karen says. Nelda adds, “They were so accepting and don’t have the law on your side, then nothing else matters.” welcoming that it made it easy for us to come out to others Even in challenging times like today, that’s important. and become public faces for Lambda Legal.” “You just have to keep taking those small steps,” she says. The thought of getting married felt unrealistic over most “Sometimes you might take two or three backwards, but you of the six decades that Karen and Nelda were together. But just have to keep moving forward.” after they fought with Lambda Legal to have Arizona’s Stand strong next to Karen and Nelda by joining Lambda marriage ban struck down, they were overjoyed. “We were Legal with a Justice Fund monthly gift of $30.42 today.

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A VOICE FOR JUSTICE DEPARTS Mourning the death of pioneering Lambda Legal attorney David Buckel

t seemed like a crazy idea back in 2005, bringing In recent years, Buckel had his family were awarded nearly a state lawsuit to demand marriage equality in immersed himself in environmental $1 million in damages. Iconservative Middle America. But David Buckel, causes, most recently serving ”That was a huge then Lambda Legal’s marriage project director, as the senior organics recovery breakthrough at a time when was prepared to give it a shot. coordinator with the NYC Compost bullying of LGBTQ students was Buckel championed filing a lawsuit on behalf Project, funded by the city’s not yet acknowledged nationally of six same-sex Iowa couples seeking the right sanitation department. as a problem“ says Jennifer to get married. In 2007, an Iowa district court Taylor remembers Buckel as Pizer, Lambda Legal’s Law and ruled in their favor—and so did the Iowa Supreme uniquely principled. “He was a Policy Director, who worked Court, unanimously, two years later. It was an visionary, a brilliant strategist who was extremely with Buckel for a decade. “It sent a powerful extraordinary early victory for the marriage passionate about his work but also incredibly kind message nationwide to school administrators equality movement. to his colleagues,” she says. “Everyone at Lambda that they have a responsibility to protect all their “You have to remember that at the time we had a story about how he reached out to them and students,” filed the case, the Supreme Court had only just showed his humanity.” she says. struck down sodomy laws, and only Massachusetts In addition to his work on marriage With other developments, the case led to allowed same-sex couples to marry,” says Camilla equality while at Lambda Legal, Buckel in 2001 school policies to prevent and address bullying, Taylor, Lambda Legal’s Director of Constitutional represented the family of Brandon Teena, the especially of LGBTQ students. Litigation, who worked on the case with Buckel. transgender man murdered in Nebraska in 1993. “David was kind and funny and deeply “But David believed we could get a foothold in (Hilary Swank won an Oscar for her portrayal of committed to our work at Lambda Legal,” the Midwest, and he fought for our ability to file Teena in the movie Boys Don’t Cry.) In that case, remembers Pizer. “He had a strong sense of that case. It raised a lot of eyebrows—but we won the local sheriff was found liable for failing to justice and an urgent moral call, particularly because of him.” protect Teena, who, feeling threatened, had when it came to calling out the irresponsibility Buckel, who joined Lambda Legal in 1995 contacted his office days before the murder. of institutions in not protecting the vulnerable, from the Legal Aid Society in New York and moved It was not the only work Buckel would do especially LGBTQ people.” LL on from Lambda Legal in 2008, took his own to hold accountable authorities who did not life April 14. He was 60 years old. He committed safeguard LGBTQ people. He also brought the Suicide and suicide attempt rates are particularly self-immolation in Brooklyn’s Prospect Park, not landmark 1996 case Nabozny v. Podlesny, in which high among LGBTQ people, especially young ones. far from where he lived. He left a note nearby—and a jury found that school officials in Wisconsin had If you’re struggling with those issues, or someone messages with several media outlets—calling his failed to protect a student, Jamie Nabozny, from you know is, contact The Trevor Project’s 24/7 death by fossil fuel a protest against the damage homophobic bullying so severe that he had to drop Lifeline by call, text, or online chat at (866) 488- society was doing to the planet. out of school. Nabozny and 7386 or thetrevorproject.org.