EQUAL TIME LGBT COMMUNITY SERVICE 2016 PARTNER GAIL MORSE INDUCTED INTO CHICAGO LGBT HALL OF FAME In November, Partner Gail H. Morse was inducted into the Chicago LGBT Hall of Fame. Formerly known as the Chicago Gay and Lesbian Hall of Fame, it is unique in being sponsored by the City of Chicago. Ms. Morse’s induction recognizes her for helping to secure civil rights for Chicago’s LGBT communities through her professional, community and political leadership. “I am humbled and honored to join the class of Gail Morse is congratulated by Chicago Mayor Rahm Emanuel on being inducted into the Chicago LGBT Hall of Fame. 2015 and with all who have been recognized in Photo credit: Rick Aguilar Studios the 25-year history of the Hall of Fame. All of the inductees over the past 25 years and those yet in 2001; the first edition was devoted to the firm’s Ms. Morse is also active in providing counsel to come have dedicated their lives to full LGBT out-attorneys, their practices and work on LGBT to many of Illinois’ elected officials serving on equality not only in Chicago but nationally and issues. Among her many efforts to give back to internationally. We have seen many success, then-Senator Obama’s LGBT Advisory Board the LGBT community, Ms. Morse has worked with but there is more work to be done to achieve full and currently Co-Chairing the LGBT Advisory the Illinois Department of Revenue to implement equality. Those recognized by the Chicago Gay Council for Representative Mike Quigley. and Lesbian Hall of Fame represent the diversity tax filings for partners in Illinois Civil Unions and has been a frequent resource on the tax effects of our communities and the power to continue to Ms. Morse’s wife, Lauren Verdich, was also of same-sex marriage. She has provided pro create change,” Ms. Morse said. inducted in 2015 for her key efforts in the bono counsel to many of the organizations establishment of Open Hand Chicago, leadership Ms. Morse is co-chair of the firm’s LGBT Forum, supporting the LGBT communities in Chicago which provides support to lawyers on business and has served many in board capacities. She is in Chicago’s LGBT business community and in development and LGBT-supportive initiatives. currently serving as the Secretary of the Lambda progressive and women’s politics making the She was instrumental in creating this newsletter Legal Board of Directors. honor “doubly humbling” for Ms. Morse. FIRM JOINS FIGHT TO CHALLENGE NORTH CAROLINA’S H.B. 2 A team of LGBT lawyers is co-counsel with the at the University of North Carolina at Chapel Hill; Lambda Legal Defense and Education Fund and a transgender student at the University of North the American Civil Liberties Union of North Carolina Carolina; a 17-year-old transgender woman from in their challenge to North Carolina’s controversial Raleigh, North Carolina; an associate dean and House Bill 2. The so-called “bathroom bill” bans professor at North Carolina Central University illegal and unconstitutional, H.B. 2 in fact wreaks transgender people from accessing restrooms School of Law, who is lesbian; and a lesbian a far greater damage by also prohibiting local and other facilities consistent with their gender couple who live in Charlotte, North Carolina. governments in North Carolina from enacting identity and blocks local governments from express anti-discrimination protections based The lawsuit asks for a declaratory judgment that on sexual orientation and gender identity,” the protecting LGBT people against discrimination in H.B. 2 violates the plaintiffs’ or their members’ a wide variety of settings. constitutional and statutory rights to equal complaint reads. protection, liberty, dignity, autonomy and privacy Filed in April, the lawsuit names North Carolina and seeks an injunction on enforcement of the bill. The team includes Partners Paul M. Smith, chair Governor Patrick McCrory, the University of North of the Appellate and Supreme Court Practice, Carolina, its board of governors and its chairman, “While the discriminatory, stated focus of and Luke C. Platzer and Associates Mark P. W. Louis Bissette, Jr., as defendants. The the legislature in passing H.B. 2 – the use of Gaber, Thomas D. Garza, Lorenzo Di Silvio, plaintiffs include a transgender man who works restrooms by transgender people – is on its own Nicholas W. Tarasen, and Scott B. Wilkens. NATIONAL LGBT BAR NAMES MATTHEW CIPOLLA TO ITS 2016 CLASS OF “BEST LGBT LAWYERS UNDER 40” Partner Matthew D. Cipolla has been named one professionals under the age of 40 who have distinguished themselves of the “Best LGBT Lawyers Under 40” for 2016 by in their field and demonstrated a profound commitment to LGBT the National LGBT Bar Association. The LGBT Bar equality. Mr. Cipolla will be recognized at a special awards luncheon on established this award to recognize outstanding August 5, 2016. Jenner & Block partners and associates have also won lesbian, gay, bisexual and transgender legal this accolade in 2010, 2011, 2012 and 2014. © 2016 Jenner & Block LLP. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. This publication is not intended to provide legal advice but to provide information on legal matters and firm news of interest to our clients and colleagues. Readers should seek specific legal advice before taking any action with respect to matters mentioned in this publication. The attorney responsible for this publication is Gail H. Morse.Attorney Advertising. Prior results do not guarantee a similar outcome. PARTNER PAUL SMITH ARGUES THREE CASES FIRM WINS FAR-REACHING SENTENCING BEFORE US SUPREME COURT IN ONE TERM CASE AT US SUPREME COURT IN WELCH Partner Paul M. Smith, chair of the firm’s Appellate Partner Lindsay C. Harrison led the team that won and Supreme Court Practice, argued three cases be- a decision from the US Supreme Court that its 2015 fore the US Supreme Court in its October 2015 term. ruling in Johnson v. United States applies retroactive- Paul M. Smith This brings to 19 the total number of cases he has Lindsay C. Harrison ly to persons whose convictions became final before argued before the Court. Johnson was decided. In Johnson, the Court struck down the “resid- • In December, he successfully argued on behalf of the Arizona Inde- ual clause” of the Armed Career Criminal Act —a catchall provision pendent Redistricting Commission in Harris v. Arizona Independent that mandatorily increased the sentence for illegal possession of a Redistricting Commission, an important voting rights case. Associ- firearm from a maximum of 10 years’ imprisonment to a minimum of ate Emily Chapuis was also on the team. 15 years’ and up to life if the defendant had at least three prior convic- tions for a serious drug offense or a “violent felony” – defined as pre- • In March, he successfully argued on behalf of CRST Van Expedited, senting a “serious potential risk of physical injury to another.” Johnson Inc. against the Equal Employment Opportunity Commission in a held that this definition was unconstitutionally vague.Welch resolved closely watched Title VII employment discrimination case. a significant circuit split that allowed prisoners in some states to be re-sentenced or released, while prisoners in other states were denied • In April, he successfully argued on behalf of textbook publisher relief from unconstitutional sentences; potentially hundreds of people John Wiley & Sons in Kirtsaeng v. John Wiley & Sons, Inc. sentenced under the ACCA will be affected. The team also included Associates R. Trent McCotter and Joshua M. Parker. PAUL SMITH RECALLS ARGUING LAWRENCE V. TEXAS FIRM WINS RELIEF FROM SUPREME COURT Partner Paul M. Smith wrote a chapter in FOR LESBIAN MOTHER SEEKING TO a new book about the battle for same-sex ENFORCE ADOPTION RIGHTS marriage rights in the United States. Titled Love Unites Us: Winning the Freedom to The firm vindicated the parental rights of an Alabama Marry in America, the book features con- Adam G. Unikowsky woman over three children adopted in Georgia when tributions from more than 40 lawyers, ac- the US Supreme Court unanimously held that the tivists and plaintiffs who waged the battle. adoptions must be honored nationwide. For nearly 17 years, V.L. and In Mr. Smith’s chapter, called “Arguing E.L. were in a committed relationship during which E.L. gave birth Lawrence v. Texas at the Supreme Court,” he recounts the story to three children, whom V.L. adopted in 2007. In 2011, the couple, of his successful effort in 2003 to overturn Bowers v. Hardwick, then living in Alabama, broke up. E.L. sought to keep V.L. from seeing the 1986 ruling that upheld Georgia’s anti-sodomy law. the children; V.L. filed a petition in Alabama family court seeking joint custody or visitation. The Alabama family and appellate courts hon- In some respects, Mr. Smith writes, arguing Lawrence before ored the Georgia judgments. But the Alabama Supreme Court held the Court was like many others. the Georgia court lacked jurisdiction; therefore, Alabama was not re- “But in reality, working on Lawrence was an experience unlike quired to honor the adoption. The firm’s team, led by Partner Adam G. any I’ve had before or since,” he adds. “There was a sense Unikowsky and joined by the National Center for Lesbian Rights, filed throughout that we were making history, changing in a funda- a petition for certiorari, as well as an emergency application for a stay, mental way the relationship between the LGBT community and asking that V.L. be allowed to see her children while the petition for the US legal system.” When Justice Kennedy delivered the ma- certiorari was pending.