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FALL 2018

“You’re gay? ” Fighting back after a rescinded job offer

Taxpayer funds can’t be used to discriminate ONE COUPLE’S FIGHT

BEYOND K AVANAUGH Why all federal court seats are crucial THE FACES We N LGBT seniors: Lambda Legal and AARP OF NIKKO working together TAKING DOWN HIV STIGMA PAGE 8 One Nation. One Set of Laws for All. Sheppard Mullin is proud to support its LGBTQ professionals and salutes Lambda Legal’s efforts to secure equality for all.

Stand Out. Be Proud.

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Attorney Advertising - Sidley Austin LLP, One South Dearborn, Chicago, IL 60603. AMERICA • ASIA PACIFIC • EUROPE | +1 3122 853 7000.LAMBDA Prior results LEGAL do IMPACT not guarantee Summer a similar 2018 outcome. MN-8919 sidley.com THANK YOU FOR BELIEVING Dear Lambda Legal family,

As we wish our outgoing CEO Rachel B. Tiven well on community to fight for the kind of country that we want her new endeavors, our eyes are focused on the future. The ours to be. threats we currently face are meant to strike fear in the hearts We approach this task with resolve but also with humil- of the LGBTQ community and everyone living with HIV. ity, as we know that we cannot succeed without the support Forces opposed to our equality unabashedly seek to drive us and assistance of all of you. As Lambda Legal writes this next back into the shadows. But we draw strength from the fact chapter of our history, we thank you for believing in this that we have lived through dark times before, and we have organization as much as we do. never given up. Remember, Lambda Legal had to fight for our very existence in 1973—and we have not stopped fighting for our community since. While the forces of bigotry and hatred that have been unleashed by this administration may feel unprecedented and horrifying, the challenges and obstacles we face now are not really all that new. The team here at Lambda Legal knows what to do. We will keep bringing cases to move the CHARLES FIELDS law forward. We will keep fighting harmful policies wherever Co-Interim CEO and Chief Operating Officer they are proposed and working with allies to advance the ball SHARON MCGOWAN wherever we can. We will lift up the beauty of our stories and Co-Interim CEO, Chief Strategy Officer and stand shoulder to shoulder with the broader civil rights Legal Director, Eden/Rushing Chair

Los Angeles; Lawrence Trachtenberg, Scottsdale, AZ; David T. May, Saugatuck, MI; Gregory S. McCurdy, San Francisco; Tsai, San Francisco; Michelle Waites*, Mount Vernon, NY; John McGowan, Chicago; Beau Miller, Houston; Lauren Kenneth Weissenberg, Bedford Corners, NY (*denotes Mutti, Dallas; Thao Ngo, San Francisco; Robert W. Ollis, Executive Committee member) Chicago; James Owens, Los Angeles; Andrew Parlen, New York; Michelle Peak, Grand Prairie, TX; Mike Ponto, Minneapolis; FALL 2018 | VOL. 35, NO. 3 NATIONAL LEADERSHIP COUNCIL Jason Pucci, Summit, NJ; Peter Reichertz, Washington, CHAIR Jamie Pedersen, Seattle DC; Jennifer L. Rexford, Princeton, NJ; Laura Ricketts, Charles Fields, Co-Interim CEO and Chief MEMBERS G. Ross Allen, San Francisco; Neil Bagadiong, Chicago; Edward H. Sadtler, New York; P. Watson Seaman, Operating Officer Indianapolis; Debra R. Bernard, Chicago; Marcus Boggs, Richmond, VA; Richard M. Segal, San Diego; Brad Seiling, Sharon McGowan, Co-Interim CEO, Chief Strategy Chicago; Daniel H. Bowers, New York; Susan Bozorgi, Los Angeles; Beverlee E. Silva, Atlanta; Norman C. Simon, Officer and Legal Director, Eden/Rushing Chair Miami; Mark R. Braun, Chicago; Laura Brill, Los Angeles; New York; Paul Smith, Washington, DC; Michael D. Soileau, Eric Brinker, New York; Jeff Brodin,Phoenix ; William Philadelphia; Charles M. Spiegel, San Francisco; Christopher LAMBDA LEGAL BOARD OF DIRECTORS Candelaria, New York; Samuel R. Castic, Seattle; Martin W. Stuart, San Francisco; Tony Timiraos, Ft. Lauderdale; CHAIR Anne Krook*, Seattle S. Checov, San Francisco; Daniel C. Cochran, New York; George D. Tuttle, Sebastopol, CA; Lauren Verdich, Chicago; VICE-CHAIRS David de Figueiredo*, Berkeley, CA Benson R. Cohen, New York; Paul H. Coluzzi, M.D., Laguna Roy Wesley, Chicago; Marcy Wilder, Washington, DC; John Strafstrom*, Bridgeport, CT Beach, CA; R. Sue Connolly, Chicago; MaryKay Czerwiec, Peter S. Wilson, New York; Alan York, Houston; George IMMEDIATE PAST CHAIR Tracey Guyot-Wallace*, Chicago; Beth Davis, Atlanta; Bruce Deming, San Francisco; R. Zuber, Ft. Lauderdale; Mark Zumwalt, New York Dallas David Draigh, Miami; Mitchell Draizin, New York; Melinda (Last updated September 21, 2018) TREASURER Rachel Goldberg, Stamford, CT Dunker, Chicago; Daniel S. Ebner, Chicago; Ruth Eisenberg, SECRETARY Vadim Schick*, Washington, DC Washington, DC; C. Douglas Ferguson, Chicago; William P. IMPACT MAGAZINE STAFF MEMBERS Yemi Adegbonmire, Los Angeles; Sheri Bonstelle, Flanagan, Washington, DC; Michael Foncannon, Summit, Angelo Ragaza, Director, Marketing and Editorial Los Angeles; Annette Cerbone, New York; Wendy Chang, NJ; Kendall E. French, San Diego; Michael H. Gluck, Alberto Galindo, Manager, Marketing and Editorial Los Angeles; Roberta A. Conroy, Los Angeles; Trayton M. Skillman, NJ; Michael I. Gottfried, Los Angeles; Kathryn G. Natalie Pryor, Consulting Designer Davis, Montclair, NJ; Roderick Hawkins*, Chicago; Jordan Graham, New York; Natasha F. Haase, Princeton, NJ; Joseph Jesse Oxfeld, Consulting Editor Heinz, Chicago; Eric Johnson, Dallas; Laura Maechtlen*, Hall, New York; Laurie Hasencamp, Los Angeles; Donald San Francisco; Patrick S. Menasco, Washington, DC; Carol J. Hayden, Miami; Cynthia Homan, Chicago; Dennis News by Tim Murphy Meyer, Dallas; Andrew T. Mitchell-Namdar, Stamford, CT; Hranitzky, New York; F. Curt Kirschner, San Francisco; Kate Donor profile by Ishmam Rahman Lauren Mutti, Dallas; Danielle Piergallini, Dallas; Katrina Kleba, Philadelphia; B. Birgit Koebke, San Diego; William Quicker, Atlanta; John R. Richards, Atlanta; Todd G. Sears, M. Libit, Chicago; Lisa Linsky, Sleepy Hollow, NY; Charles For advertising, contact Allen Clutter, New York; Dan Slaughter, San Francisco; Holly Thomas, V. Loring, Ft. Lauderdale, FL; Yery Marrero, Miami; Brian [email protected]

lambdalegal.org 1 NEWS FEATURE

hese days, Mark Horton and his husband, Alton Greenough, are finding themselves forced to sell— even give away, because they’re expensive to keep—more Tand more of the beloved miniature horses that graze on their farm in Edwardsville, Illinois, just north of St. Louis. “They’re more like our children,” says Horton. But the couple is in rough times financially. It all goes back to an email Horton sent to his employer-to- be in 2016 casually outing himself as gay by mentioning Greenough. Before that fateful email, Horton, 62, was employed as vice president of sales for a home health and hospice company based in Pittsburgh. But he had to travel extensively for that job and wanted to be closer to home to care for both his mother, who was suffering from pancreatic cancer (and has since died), and Greenough, who had sustained serious injuries in a riding accident. So when a headhunter contacted him to let him know that a local eldercare company, Midwest Geriatric Management (MGM), was looking for a new VP, Horton applied. Thus began Mark Horton lost a three-month process during which he says he met everyone at MGM a great job offer and ultimately was given a written job after he revealed offer by MGM CEO Judah Bienstock he was gay. NOTNOT With Lambda Legal’s help, he’s fighting back. HORSINGHORSING BY TIM MURPHY AROUNDAROUND 2 LAMBDA LEGAL IMPACT | Summer 2018 and his wife, Faye. Once Horton He suspects that’s because many accepted, Faye emailed, “Wonderful! employers consider him overqualified Congratulations! We are so excited!” for some of the positions and because Horton gave notice to his employer a simple Google search reveals the in Pittsburgh. All that was pending was lawsuit is still pending. confirmation of Horton’s educational “This was going to be a final career background, which Horton said would move for Mark that he was very excited take a few weeks because of adminis- about, but it all went south after he trative changes at one of his schools. Mark Horton and Alton Greenough casually mentioned his husband,” The Bienstocks did not indicate that with two of their many pets. says Lambda Legal counsel and this was a problem. In a casual email Employment Fairness Project Director conversation about the degree, Horton This was going to be a Greg Nevins, who is on Horton’s wrote, “My partner has been on me final career move for legal team. “The paper trail strongly about [my MBA] since he completed Mark that he was very excited suggests that this is discrimination, his Ph.D. a while back.” so Mark’s becomes yet another case Three days later, Faye Bienstock “about, but it all went south demonstrating the urgency of under- wrote to Horton. “Are you able to after he casually mentioned standing sex discrimination under Title come this afternoon?,” she asked. “We his husband.” VII to encompass sexual-orientation would like to discuss the status of your discrimination.” (Lambda has also employment.” Horton wrote that he —Greg Nevins, Lambda Legal counsel and successfully argued that Title VII Employment Fairness Project director was out of town that day but could covers gender identity as a form of sex come on a different date. Two days discrimination.) later, Bienstock wrote again: “Mark— Now Lambda Legal, which has Meanwhile, says Horton, staying I regret to inform you that due to the since joined the case, is appealing that home and taking care of his and incompletion of the background check dismissal to the U.S. Court of Appeals Greenough’s remaining animals— of supportive documentation—we have for the Eighth Circuit. It’ll be tough; which also include cats, dogs, donkeys to withdraw our offer letter for employ- the conservative-leaning court has and llamas—has been therapeutic. ment at MGM.” previously suggested that sexual-orien- “It’s like Noah’s Arc meets St. Francis A month later, having obtained the tation discrimination is not covered around here,” he laughs. He and necessary educational documentation under the sex-discrimination protec- Greenough also get to spend time and upon learning that the job had tions afforded in the Civil Rights Act’s with their four grandkids, children of not yet been filled, Horton emailed Title VII, even as other appeals courts Greenough’s son. the Bienstocks to express his continued in recent years have ruled the opposite. Still, “I haven’t resolved any of my interest. The Bienstocks replied that If the Eighth Circuit refuses to hear the anger over the case,” Horton says. “I they were considering other candidates. case or rules against Horton, it would gave up a good job for that offer, and Horton says it was immediately clear be among other similar cases that Alton and I will never live like we did.” to him that the Bienstocks rescinded ultimately could go before the U.S. The company has still not yet filled the the offer upon learning that he was Supreme Court to determine whether position, he believes, based on online gay—why else would they have offered sexual orientation is a protected status. postings. the job and initially not have been Meanwhile, the job-offer reversal Yet he says he takes comfort concerned when he mentioned a delay has had a serious financial impact on knowing he’s doing the right thing by in his educational documentation? Horton and Greenough. Horton’s prior fighting against anti-LGBT workplace A local lawyer, Mark Schuver, agreed employer quickly filled the position discrimination. “Friends have said to with him and filed suit in the U.S. that he left and has been unable to hire me,” he says, “‘you have never hidden District Court for the Eastern District him back. The couple has health insur- in the closet and were always happy, so of Missouri. But the court dismissed ance through Greenough, a military if this can happen to you it can happen the case, saying it did not see enough veteran, but Horton says he has applied to anybody. So thanks for getting out evidence of discrimination. unsuccessfully for about 100 positions. there and working for all of us.’” LL

lambdalegal.org 3 FEATURE BANNED FROM GIVING LOVE This lesbian couple is taking on a federally funded organization that uses religion to prevent LGBT people from fostering and

adopting children Fatma Marouf and Bryn Esplin are not letting BY TIM MURPHY discrimination slide.

he sleeping and play areas a bioethics professor at Texas A&M. that runs the facility to tell them that were what bothered Fatma “We’d talked generally about adopt- she and Esplin, whom she called her Marouf most. She’s a profes- ing or fostering in the past, so I felt “spouse,” were open to fostering. sor at Texas A&M University’s this could be the perfect way, foster- Soon they were on an informational School of Law in Fort Worth ing kids from a population we know conference call with a staff member and director of its Immigrant and care about,” Marouf says. Marouf from the organization who ran down TRights Clinic. In the winter of 2017, and Esplin were open to taking in any the requirements for foster parents. she was invited to tour the federally child in need, including often hard-to- Bryn and Fatma listened. They needed funded facility that housed unaccompa- place sibling sets or teens. In addition so many square feet in their home. nied refugee children and placed them to working with immigrants, Marouf Check. A fire extinguisher. Check. in foster homes. is the daughter of parents from the Straight down the line, Marouf and “It was clear that the kids there Middle East, where many of the kids Esplin were shaping up to be ideal would be better off in a home, a at the facility were from. foster parents. warmer place,” Marouf, 42, says of Esplin agreed. “I was really excited,” Then this: The organization her visit. she says. “We thought, ‘Gosh, now’s required their foster families to “mirror That night, she talked about the the time to start our family.’” They’d the holy family.” possibility of fostering one or more been married for two years. Marouf On their end of the line, Marouf children with her wife, Bryn Esplin, 34, emailed the Catholic organization and Esplin looked at each other,

4 LAMBDA LEGAL IMPACT | Summer 2018 Government funding startled. They then let the woman of federal programs As for Marouf and Esplin’s case, know that they were a same-sex couple. that discriminate against “government funding of federal The staffer then told them that they LGBT people on religious programs that discriminate against were ineligible to even apply to be “ LGBT people on religious grounds foster parents. grounds is unconstitutional is unconstitutional and hurtful to “What do you do with the LGBT and hurtful to members members of our community,” says children in your care?” Marouf asked. Lambda Legal’s Jamie Gliksberg, one of The staffer told her that the organiza- of our community. What’s the lead attorneys on the case. “What’s tion had no LGBT kids. Marouf and particularly disturbing in this particularly disturbing in this case is Esplin were, of course, skeptical. The case is that the discrimination that the discrimination occurs at the couple’s concern for the children grew. cost of the children in federal care.” “We were both very upset” after occurs at the cost of the Lambda Legal is fighting for those the call, says Marouf. “Our jobs, children in federal care.” children. “We’re directly challeng- backgrounds and home were perfect. —Jamie Gliksberg, ing HHS’s use of taxpayer dollars to But when they found out we were two Lambda Legal staff attorney fund organizations that use their own women, it was over.” religious criteria to turn down loving She emailed the federal Office and qualified parents when we know of Refugee Resettlement, notifying The issue is pending in Congress as that there are far more children in need the agency of what happened. ORR well as being fought in court. In July, of homes than there are parents to care provides millions of dollars of grant the House Appropriations Committee for them,” she says. money (using federal taxpayer dollars) approved a federal spending bill that According to a recent study from to the United States Conference of includes an amendment introduced UCLA School of Law’s Williams Catholic Bishops and its sub-grantees by Rep. Robert Aderholt (R-Ala.). Institute, 2 million LGBT people are to administer child welfare services on It would explicitly allow taxpayer- ready and willing to foster or adopt the government’s behalf. After initially funded, faith-based adoption agencies children, far more than the number of asking for and receiving the name of to turn away LGBT families. (Ten children in foster systems in the United the organization’s staffer that the couple states already have such laws.) The bill States. spoke with, the federal agency never would also withhold 15 percent of Marouf and Esplin remain among followed up. federal funds allocated for child welfare them. “We’ve looked into doing this Marouf and Esplin weren’t prepared services from states like New York through the regular state foster system, to let discrimination slide. A few calls and California that tried to enforce but Texas has a law explicitly allowing led them to Lambda Legal, which filed its nondiscrimination protections foster agencies to discriminate,” she a discrimination suit early this year in against nonprofits that discriminate says. “If our case works out for us, we’d the U.S. District Court for the District on religious grounds. still love to foster a refugee child or of Columbia. ORR and USCCB, Lambda Legal is among the many children. We just don’t know how long which never denied the discrimination groups fighting the amendment. “We that could take.” claims, filed motions to dismiss. The played a role in getting 41 senators to Esplin says it infuriates her that motions are pending. sign a letter saying that they’ll oppose organizations use religion to block Currey Cook, Lambda Legal counsel any bill with such an amendment LGBT people from providing loving and director of the Youth in Out-of- attached,” says Cook. “That’s a poison homes to children even as they plead Home Care Project, works on these pill in the House, because it’s a deal- for parents to take children in. issues. “The principle at stake here is killer in the Senate. We’re hopeful it “I was raised Mormon, and Fatma the fact that the U.S. Department of won’t move forward. But it’s impor- was raised Muslim,” she says. “Those Health and Human Services—which tant for people to know that there are religions inform our values—and I oversees ORR—is allowing federal members of Congress who want to pass don’t think that shame and discrimina- funds to flow to a religious organiza- laws allowing people to discriminate tion are family values. So standing tion that discriminates on the basis of against LGBT foster and adoptive up against that in court means a its own religious beliefs.” parents.” lot to us.” LL

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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lambdalegal.org 7 LAMBDA LEGAL NEWS

GOOD SCIENCE, BAD STIGMA Discrimination against people living with HIV persists despite advances that make HIV easy to treat and easy to prevent. Lambda Legal takes on two key cases.

BUSTING BIAS The barbershop is a sacred social Nikko Briteramos was featured in space. HIV the last issue of Impact. He contacted discrimination destroys such safe Lambda Legal last fall after he was spaces. turned away from an L.A. barbershop, King of Kuts, because a barber there identified him as HIV-positive to the proprietor, who then refused to buzz his hair. The media had made Briteramos’ HIV status public in 2002 after it emerged that he had not disclosed his newly diagnosed status to a another college student before having sex. “I want people to understand that this was discrimination and that you can’t get HIV from giving someone a haircut,” Briteramos, 34, an aspiring personal trainer, told Impact. And now he’s following through: In July, Lambda Legal filed a complaint on his behalf in U.S. District Court tour of historically black colleges and HIV discrimination does not only against the owner of King of Kuts. universities to help get out the word occur in the black community. But “The facts of this case, as well as the that HIV today is not only easily Nikko’s experience highlights how legal claims, are pretty straightforward: treatable but also untransmittable black people living with HIV are the owner of King of Kuts refused to when people living with HIV are often confronted with discrimination cut Nikko’s hair because he is living on treatment or when HIV-negative connected to stigma and misinforma- with HIV, in clear violation of the people take the daily preventive pill tion in public places of importance federal Americans with Disabilities Truvada, also known as PrEP. The within our community. The barbershop Act as well as the California Unruh campaign hopes to reduce HIV stigma is a sacred social space, where black Civil Rights Act,” said Lambda Legal and discrimination in majority black Americans debate social, cultural and counsel and HIV Project director Scott settings such as the barbershop where political ideas. HIV discrimination Schoettes. Briteramos was turned away. destroys such safe spaces.” In addition to damages for “It was important for us to get Briteramos says that the incident was Briteramos, the litigation seeks a public involved in Nikko’s case because there’s especially hurtful because he had previ- apology from the shop owner and asks no way to end the AIDS epidemic if ously patronized King of Kuts several him “to stand next to us as we educate we’re not fighting bigotry, discrimina- times. “My experience there was not about these issues,” says Schoettes. tion and bias,” says Phill Wilson, BAI’s the first I have had with HIV discrimi- That’s not all: In conjunction with founder and CEO. “In addition, as a nation,” he says. “I am speaking out the suit, Lambda Legal has joined black organization, we have to be ever because I would like it to be my last.” forces with the Black AIDS Institute vigilant in confronting injustice. It is a to produce an educational video and part of our survival.” Watch #CutTheStigma: Nikko’s Story” on send Briteramos on a “Cut the Stigma” He added: “We are well aware that Lambda Legal’s Youtube channel.

8 LAMBDA LEGAL IMPACT | Summer 2018 ANOTHER BAD MILITARY BAN National Guardsman Nick Harrison and Lambda Legal are Lambda Legal and National fighting outdated policies in Guardsman Nick Harrison, who is the military. living with HIV, are taking the military to court over its policy of generally not everyone to deploy.” letting people with HIV serve overseas In court this September, Lambda or as officers, thus curtailing their career Legal, which has already heard from advancement, as we reported in the service members living with HIV who previous issue of Impact. have been discharged under the new Neither the Civil Rights Act nor the policy, will not directly challenge this Americans with Disabilities Act apply policy shift. Instead, the focus will be to the military, so Lambda Legal will on the older policy that makes service argue the case as a constitutional equal- members with HIV undeployable. protection challenge. “Service members of Defense issued a policy saying that “That would protect them from the with HIV are currently able to take on if service members of any sort were new policy,” says Schoettes. “We’re any role and be deployed anywhere,” non-deployable for 12 consecutive asking the court to hold the status says Schoettes. “The military is way months, the military was required to quo, because we need to keep people behind the science.” discharge them. living with HIV in the military and To be clear, says Schoettes, these “They say this is to make the force doing their jobs until we can fix these are longstanding policies against the more militarily ready and lethal,” outdated policies. There’s no job today military’s approximately 1,200 service says Schoettes. “But there are lots of that they can’t do and no reason why members living with HIV. But in a new non-deployable people in the military they can’t be serving anywhere in wrinkle, in February the Department doing important jobs. You don’t need the world.” LL

We are proud to support Lambda Legal in its pursuit of civil rights for members of the LGBTQ+ community and everyone living with HIV.

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lambdalegal.org 9 LAMBDA LEGAL NEWS

COURT FIGHT From the Supreme Court down, Lambda Legal is working to stop Trump from stacking federal courts with right-wing judges in lifetime jobs

udicially speaking, these are not able to fire a special counsel if he feels good times. The Trump admin- the special counsel is out to get him. Jistration is moving ahead with If ever there were a time when we uncharacteristic efficiency to fill the need someone to stand up to Trump, federal courts with right-wing judges, it’s now.” thus far having successfully appointed As of press time, Kavanaugh’s Senate more judges to the U.S. Court of hearings have been scheduled for the Appeals than Barack Obama and week of September 4. “It’s essential,” George W. Bush combined at the same Buchert says, “that everyone call point in their presidencies. their senators, By mid-July, according to an analysis “WE CAN’T especially if you’re by the Pew Research Center, President AFFORD 40 represented Donald Trump had appointed 22 MORE YEARS OF by a moderate appeals court judges, compared to nine TRUMP VALUES Republican or each for Obama and Bush. Overall, ON THE BENCH. Democrat whose Trump has appointed 43 judges, one to go.” She is referring to Trump’s THAT WILL TURN vote is uncer- including one Supreme Court justice. nomination of Judge Brett Kavanaugh OUR MARRIAGES tain.” Potentially Dozens more nominees are waiting for to the Supreme Court. INTO ‘SKIM MILK persuadable Senate consideration. She notes that the anti-LGBT MARRIAGES,’ senators include Still, Lambda Legal, in conjunc- Family Research Council has advocated UPHOLD Republicans tion with other LGBTQ and civil strongly for Kavanaugh’s previous SO-CALLED Susan Collins rights groups, has had some success in judicial nominations. “I can promise RELIGIOUS of Maine, Lisa pushing back on Trump’s picks. that if they’re supporting him, they FREEDOM Murkowski of In mid-July, the White House clearly believe he will be hostile toward AGAINST LGBT Alaska and Rob withdrew its nomination of Ryan LGBT protections,” she says. “He has RIGHTS AND Portman of Ohio, Bounds for the Court of Appeals for expressed deep skepticism about funda- PROBABLY and Democrats the Ninth Circuit because Republicans mental rights within the Constitution SUPPORT Joe Donnelly of could not muster enough votes after that have led to decisions like Lawrence THE BAN ON Indiana, Heidi TRANSGENDER Lambda Legal and other groups v. Texas,” the Lambda Legal victory Heitkamp of PEOPLE IN THE highlighted articles Bounds wrote as that decriminalized LGBT lives when it North Dakota, MILITARY.” a Stanford undergraduate ridiculing struck down sodomy laws nationwide. —Sasha Buchert, Joe Manchin of multiculturalism and groups devoted to And on abortion, she notes, Lambda Legal staff West Virginia racial and LGBTQ concerns. Kavanaugh “agrees with his mentor, attorney and Jon Tester of “Bounds started crying during his former U.S. Chief Justice William Montana. hearing about going to a bar with gay Rehnquist, who dissented in Roe v. “Tell them to please oppose this friends and finding out later they had Wade,” the 1973 decision that legal- nomination because there’s too much been bashed,” says Sasha Buchert, ized abortion. at stake,” says Buchert. “We can’t afford Lambda Legal staff attorney. “But he There are yet more reasons to fear 40 more years of Trump values on the doesn’t make the connection between Kavanaugh, Buchert says. “He’s clearly bench. That will turn our marriages his statements in college and violence come down on the side of an imperial into ‘skim milk marriages,’ uphold against LGBTQ and other vulnerable presidency,” she says. “He believes the so-called religious freedom against people.” president does not need to follow the LGBT rights and probably support As Buchert sees it, the current law if he thinks the law is unconstitu- the ban on transgender people in the judicial scorecard is “Bounds down, tional and says the president should be military.” LL

10 LAMBDA LEGAL IMPACT | Summer 2018 TRANS MILITARY JUSTICE So far, so good on blocking Trump’s ban on transgender service members.

ambda Legal and other groups keep ing Justice Anthony Kennedy. notching victories in the effort to Among the four cases filed L fight the proposed ban on transgen- against the ban, Lambda der service members, a policy President Legal’s is Karnoski v. Trump, Donald Trump launched with a trio of which includes plaintiff Ryan surprise tweets the summer of 2017. So Karnoski, a transgender Seattle far, every federal court that has heard social worker who wants to join cases brought by Lambda Legal and the military and was on this others (including the ACLU, GLBTQ magazine’s Winter 2018 cover. Legal Advocates and Defenders, known This summer, The New York as GLAD, and National Center for Times reported that, despite Lesbian Rights), has ruled against several injunctions blocking moving forward with the ban. the ban, it appeared that few The latest setback for the govern- tory policy,” says Lambda transgender people who had ment came in July, when the U.S. Court Legal Senior Attorney Peter “THERE’S A LOT applied for the military had been of Appeals for the Ninth Circuit said Renn. “So far, the govern- OF MOMENTUM accepted. Says Renn: “There’s no to the government’s request to stay ment has not been able to ON OUR SIDE— an injunction in place and the an earlier injunction stopping the ban. persuade a single federal AND WE’RE government can't just flout it.” (That is, the court said no to an effort to judge in the country that GOING TO NEED He also notes that the injunc- allow the ban to be implemented while the government should be IT BECAUSE OF tion exists because federal judges the appeal proceeds.) The larger issues allowed to implement this. THE POSSIBLY ruled against the administra- raised by the government's appeal are So there’s a lot of momen- CHANGING tion. “This is an example of still pending in the Ninth Circuit. As of tum on our side—and and COMPOSITION why these federal bench seats press time, a hearing in the appeal had we need it with the chang- OF THE SUPREME are so crucial,” he says—and been scheduled for October 10. ing composition of the COURT.” why Lambda Legal and other “At every turn, Lambda and other Supreme Court,” with the —Peter Renn, Lambda groups are fighting so hard groups have fought the government’s nomination of Judge Brett Legal senior attorney against Trump’s right-wing court attempts to implement this discrimina- Kavanaugh to replace retir- nominees. LL

lambdalegal.org 11 Kramer Levin is proud of its long-standing partnership with Lambda Legal and our firm’s involvement in over two decades of pro bono work in support of the freedom to marry, youth and family rights, and transgender equality.

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We salute your commitment to achieving full recognition of the civil rights of the LGBTQ community and everyone living with HIV.

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12 LAMBDA LEGAL IMPACT | Summer 2018 LAMBDA LEGAL & FRIENDS WEST COAST LIBERTY AWARDS SEATTLE GARDEN PARTY SLS Beverly Hills, CA, June 7, 2018 August 2, 2018

The iconic Deborah Cox welcomed guests as the official host of the evening. Cox performed her greatest hits to close out the program and kickoff the after party. Former Lambda Legal plaintiff Col. Margarethe Cammermeyer introduced guest of honor and current plaintiff in Karnoski v. Trump, Staff Sergeant Katie Schmid.

LANDMARK DINNER, ADOLPHUS HOTEL 40TH ANNIVERSARY BRUNCH AND POOL PARTY Dallas, TX, August 11, 2018 Fire Island Pines, NY, July 21, 2018

Event host and Lambda Legal board member Todd Sears with Rick Bingham and Pines co-chair David Aldea.

At the VIP cocktail reception prior to dinner, left to right: Lambda Legal plaintiff Bryn Marouf, board member Carol Meyer, plaintiff Fatma Marouf, board member Lauren Mutti, her guest Beth Meyers and National Leadership Council member Michelle Peak.

Event sponsors and Liberty Circle members Kim Macpherson Lambda Legal major gifts officers Brian Derrick and and Dr. Janet “Fi” Matthew Zaccagni sport commemorative Pines 40th Macpherson Anniversary tees, flanking Liberty Circle members and . event sponsors Ed Jablonsky and Ron Amruso.

lambdalegal.org 13 is proud to support Lambda Legal

WE WOULD NEED A HALF PAGE VERTICAL HERE, IF THIS AD STAYS IN PLACE. MOST ADVERTISERS in its efforts to SEND HORIZONTALS. together achieve equality

Merrill Lynch, a Bank of America company, is proud to stand united with our LGBT+ teammates and friends. for LGBT people We’re committed to a future where equality extends from the workplace to every corner of our lives. and people living with HIV.

Merrill Lynch makes available products and services offered by Merrill Lynch, Pierce, Fenner & Smith Incorporated (“MLPF&S”) and other subsidiaries of Bank of America Corporation (“BofA Corp.”). MLPF&S is a registered broker-dealer, Member SIPC and a wholly owned subsidiary of BofA Corp. Banking products are provided by Bank of America, N.A., and affiliated banks, Members FDIC and wholly owned subsidiaries of BofA Corp. © 2018 Bank of America Corporation. All rights reserved. ARFJSDLN | AD-08-18-0142 | 472116PM | 08/2018 STRENGTH IN www.steptoe.com DIVERSITY bankofamerica.com/diversity 14 LAMBDA LEGAL IMPACT | Summer 2018 DONOR PROFILE WALK WITH THE ONES YOU LOVE ELIOTT CHERRY AND CHRIS devotion to Chris and his experience CHENARD MET EACH OTHER AT of grief. Eliott wanted to tell the ELIOTT'S MASSAGE PRACTICE IN story of Chris dying young and his THE FALL OF 1991. They quickly experience caring for him, and to realized that they had a connection, share with the world the inspiring and that not exploring it would be conversations he and Chris had a mistake. They met for coffee in during this time. Eliott combined Portland, Me., where they lived. “I these dialogues and poetry with told him he’d have to stop being music to create his one-man show, my client, and that means he’d lose A Finished Heart, which he has a massage therapist and I’d lose a performed 42 times since 2009. client, but we both looked at each “It’s been used for education in other and smiled,” Eliott says, “We‘ve departments of nursing and social together ever since, and ten years work,” Eliott says. “I want to reach later, in 2001, we had our Vermont out to medical schools to perform civil union—on the anniversary of this piece, where LGBT students still when we first got coffee.” feel they must hide their identities Chris and Years into their relationship Eliott Eliott on in order to succeed. A Finished Heart and Chris visited Provincetown, vacation in is about building empathy with Maine. Mass., where it was relatively safe to two men in love, which relates to be out during 1990s. “We held hands and walked down the streets increasing acceptance of LGBTQ lives.” and it was perfectly normal,” Eliott says. “We felt completely alive Having fought for marriage equality in Maine, New Jersey and and I couldn’t believe that I had never felt that way before.” Oregon, Eliott believes that fighting for our rights in the courts and In their own hometown, they felt afraid to hold hands because by storytelling are some of the best ways to combat homophobia it wasn't safe at times. “That juxtaposition of feeling alive and and to achieve full equality for the LGBT community. then coming back to feel the loss of that made us realize how we “Lambda Legal’s involvement in marriage equality has been internalized this,“ Eliott says. “We realized we couldn’t live our crucial to where we are today, but we can’t take our progress for lives this way.” granted,” Eliott says. "We can get married, but we can also still get Soon after, they got involved with the Maine Speakout Project fired, and the suffering of transgender people hasn't even come to and initiated an annual event called “Walk with the Ones You Love,” the surface. I choose to support Lambda Legal because their works in which LGBT couples would hold hands with each other and walk speaks to me.” LL with their allies. This galvanized the community, and eventually Stand strong with Eliott and make a planned gift to Lambda walks start happening in more than ten towns in Maine. Legal. Leaving a legacy gift to Lambda Legal could be one of the Eliott and Chris were together for 16 years. Chris was diagnosed most important decisions you make toward protecting yourself, with advanced pancreatic cancer. Eliott was by his side, caring for your family and our community. An investment in equality ensures him at home. Chris died in 2007. In honor of Chris, his courage and that Lambda Legal will always be there to safeguard the rights of work with the Maine Speakout Project, the governor of Maine and lesbians, gay men, bisexuals and transgender people, and everyone mayor of Portland, issued proclamations that June 10, 2007 was living with HIV, while solidifying our future together. “Christian Chenard Walk with the Ones You Love” Day. Months after Chris died, Eliott wrote poetry that expressed his To learn more about Eliott's one-man show, visit afinishedheart.com.

Join Lambda Legal's Justice Fund with a monthly gift starting at $10. lambdalegal.org/donate

16 LAMBDA LEGAL IMPACT | Summer 2018 MORRISON & FOERSTER IS PROUD TO SUPPORT LAMBDA LEGAL