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NATIONAL CENTER FOR LESBIAN RIGHTS 2008 ANNUAL REPORT

2008 ANNUAL REPORT

About NCLR Dear NCLR Champion:

The National Center for Lesbian Rights (NCLR) 2008: what a rollercoaster of a year. It really was “the best of times and the is a national legal organization committed to advancing the civil and human rights of lesbian, worst of times.” NCLR and our community experienced an amazing high gay, bisexual, and transgender (LGBT) people early in the year when we got to watch NCLR Legal Director Shannon Price and their families through litigation, public policy Minter argue our marriage case before the California Supreme Court in March. advocacy, and public education. And then, of course, May 15, 2008 came We ended 2008 biting our fingernails, knowing Thirty-two years ago, two brave and determined women, fresh out of law school along—a day none of us in this movement the fate of our victory and the recognition of and eager to make a difference, decided to put will ever forget. The California Supreme our lives was once again up to the Court. Court not only ruled that barring same-sex their knowledge to good use. As legal scholars, That is the most obvious narrative. But there is Donna Hitchens and Roberta Achtenberg saw couples from marriage violated the most another piece that is less obvious: throughout the courtroom as a way to change the world. As basic promise of equality in the California 2008, just like we have every year since lesbians, they had experienced both personal Constitution, but also held that LGBT 1977, NCLR continued to fight legal battles and professional frustrations and fears, and people are entitled to the highest level of across the country and in every issue area we didn’t want others to suffer the same. constitutional protection—the first time a tackle—elder law, employment, families and That was in 1977. Today, that pioneering spirit state high court had ever done so. Truly, we parenting, healthcare, immigration, relationship and unwavering commitment to advance were all witnesses to a new page of history recognition, sports, transgender law, and the civil and human rights of LGBT people being written. continues. Each year, through litigation, public youth—because the calls to our free legal policy advocacy, and public education, NCLR As I wrote in my blog just two weeks after helpline only increased, and our growing list of helps more than 5,000 LGBT people and their that victory, “The past two weeks have been clients needed our help more than ever. And families nationwide. And our precedent-setting the most exhilarating and exhausting (in our successes continued—you will find some case victories literally rewrite the law, changing a good way) of my entire life. I am at turns of them highlighted here within this Annual the legal landscape for all LGBT people and elated, joyful, anxious, hopeful, nervous, Report. families across the nation. For more than three determined and thrilled.” I knew, then, that NCLR’s achievements throughout one of the decades we’ve been leaders in bringing historic we would likely be facing the battle of our cases, and today we are still trailblazing in toughest years our community has ever faced lives in the fall to keep our marriage victory pursuit of justice, fairness, and legal protections is what has kept my head and hopes up, no in California. Little did I know then what for all LGBT people. matter what we face in the future. I thank you challenges would lay in store. for helping to make our victories possible, for From a humble yet tenacious focus on the specifics of adoption law, to a broad vision We fought Prop 8 with everything we your faith and for standing by us through thick covering almost a dozen diverse issue areas, had. And still, it passed. The day after the and thin. NCLR has expanded its life-and law-changing election, NCLR filed our legal challenge work in order to advance the legal landscape to Prop 8 with the California Supreme Very truly yours, for every LGBT person. Our programs focusing Court. As I’ve said before, the champagne on employment, immigration, youth, elder was barely warm, the ink on our marriage law, transgender law, marriage, relationship certificates hardly dry—and yet, there we protections, healthcare, and family law create were, back before the very Court who had Kate Kendell, Esq. safer homes, safer jobs, and a more just world. granted us our rights only months earlier. Executive Director

1 NCLR’s 2008 Cases NCLR’s WORK AT A GLANCE

YOUTH 3% TRANSGENDER 4% CRIMINAL JUSTICE 5% MA NY IMMIGRATION ID CT AND ASYLUM 7%

IA OH ESTATE AND MD FINANCIAL PLANNING 10% CA CO FAMILY LAW 48%

AZ OK OTHER 12%

FL EMPLOYMENT AND HOUSING 11%

Elder Law In re Barbara – El Salvador Relationship Recognition Burrows v. ILWU – CA In re M.S. – Mexico Demers v. Zupancic – CO In re M.Q. – Mexico Smith v. Knoller, et al – CA Families and Parenting In re Patricia – Mexico Colombia Diversa, Expediente No. C.D. v. C.D. – AZ In re P.R. – Mexico D-6362, Corte Constitucional de Embry v. Ryan – FL In re S.K. – Pakistan Colombia – Colombia In re J.D.F. – OH In re Vicky – Mexico In re S.L. – OH In re V.R. – Mexico Sports J.B. v. M.B. – MD In re Z.K. – Mexico Sulpizio and Bass v. Mesa Johnson v. SooHoo – IA John Doe v. Alberto Gonzalez – Egypt Community College – CA Karen Atala Riffo v. Chile - Chile BOSNIA U.S. L.S. v. M.B. – MD Marriage Transgender Rights Margaret K. v. Janice M. – MD In re Marriage Cases – CA Gammett v. Idaho State Board of PAKISTAN MEXICO EGYPT Palazzolo v. Mire – LA Kerrigan v. Commissioner of Public Corrections – ID HONDURAS EL SALVADOR Wood v. Wood – FL/CO Health – CT Somers v. Superior Court – CA GUATEMALA COLOMBIA Reynolds and McKinley – OK/ Adams v. Federal Bureau of Healthcare Cherokee Nation Prisons – MA Benitez v. North Coast Women’s Strauss v. Horton – CA Care - CA Youth Varnum v. Brien – IA California Education Committee, LLC CHILE Immigration and Asylum Bennett v. Bowen – CA v. Arnold Schwarzenegger – CA In re A.C. – Honduras Other Civil Rights Mariah L. v. Administration for In re A.H. – Bosnia Ashcroft v. Iqbal – NY Children’s Services – NY In re Alejandra – Guatemala Christian Legal Society v. Kane – CA D.A. v. J.W. – FL In re Angelica – Mexico

2 2008 ANNUAL REPORT

Litigation HIGHLIGHTS Publication Highlights

California Marriage Equality: In re Marriage Cases school—Hastings College of the Law—to enforce its non- Developed “National Recommended Best Practices and Prop 8: discrimination policy, which requires publicly funded student for Serving LGBT Homeless Youth” in collaboration NCLR was lead counsel on behalf of same-sex couples, groups to refrain from discriminating against any students. with the National Alliance to End Homelessness, Equality California, and Our Family Coalition in In re Marriage CLS argued that the non-discrimination policy violated the the National Network for Youth, and Lambda Cases, the marriage equality case decided favorably by the group’s First Amendment right to discriminate against LGBT Legal, which contains the first set of guidelines California Supreme Court on May and non-Christian students. NCLR represented OutLaw, dedicated to increasing the ability of agencies to 15, 2008. The court ruled that it the LGBT student group at Hastings. In 2008, a federal competently work with homeless LGBT youth, who was unconstitutional to exclude district court ruled in favor of Hastings and OutLaw, strongly are overrepresented in the homeless population. same-sex couples from marriage affirming the right of a public university to enforce non- and, for the first time ever, held discrimination policies. that LGBT people are entitled to Released, in collaboration with the It Takes a Team Initiative of the Women’s Sports Foundation, “The the highest level of constitutional Immigration: protection. Positive Approach: Recognizing, Challenging, and Seeking asylum in the United States is not a simple or easy Eliminating Negative Recruiting Based on Actual The issue was then put on the process, and it is even more complex and difficult for LGBT or Perceived Sexual Orientation,” which provides ballot as Proposition 8, which people. Many LGBT asylum-seekers are understandably a comprehensive analysis of negative recruiting eliminated the right to marry fearful of encountering bias or mistreatment in the U.S., and based on actual or perceived sexual orientation, for same-sex couples. Voters many don’t apply because of that fear. Others aren’t even and recommends practices and policies to eliminate approved Prop 8 by a narrow aware that they would qualify, or lack the documentation it. This resource is now being used by the National margin on November 4, 2008. The next day, NCLR as lead needed to prove the dangerous conditions in their countries Collegiate Athletics Association (NCAA) Coaching counsel, along with the ACLU and Lambda Legal, filed a writ of origin. Academies and the National Association of Collegiate petition with the California Supreme Court seeking to invalidate In 2008, NCLR helped five clients win asylum in the U.S. Women Athletic Administrators (NACWAA). Proposition 8. Four had been subjected to violence in their countries of origin because of their sexual orientation or gender identity. D.A. v. J.W.: One sought refuge here because of persecution based on Seventeen-year-old J.W. and eighteen-year-old D.A. had his HIV status. been dating for almost six months when J.W.’s mother, Ms. W., Program Highlights learned about their relationship. In December 2007, Ms. W. California Education Committee, LLC, et al. v. Jack petitioned a Florida court to get a restraining order to prohibit O’Connell et al.: Worked with allies in Washington, DC on federal legislation, including the Employment Non- any contact between the two, admitting that she was seeking In November 2007, anti-LGBT organizations filed a lawsuit discrimination Act (ENDA), the federal Hate Crimes a restraining order only because she did not want her daughter in federal court, challenging California’s safe schools laws bill, the Uniting American Families Act (UAFA), and to have a relationship with another woman. The trial court that protect students from discrimination based on sexual many others. issued a restraining order, saying that the mere existence of orientation and gender identity. Shortly after NCLR clients a consensual relationship between D.A. and J.W. was “dating Equality California and Gay-Straight Alliance Network got violence” under Florida law. In January 2008, NCLR filed an involved in the case, the anti-LGBT organizations voluntarily appeal on behalf of D.A. and in June of 2008, the Florida Court Continued Proyecto Poderoso / Powerful Project dismissed their challenge. In March 2008, the same groups work to help provide access to legal help to rural of Appeal reversed the trial court’s decision and dismissed the filed a similar lawsuit in California state court in San Diego, restraining order. LGBT people in California by training attorneys, and NCLR again filed anamicus brief supporting the community workers, and others in LGBT-related California Attorney General’s motion to dismiss the case. issues and law; presenting on LGBT issues and Christian Legal Society v. Kane: Just before the scheduled hearing in that case, in November law at rural community gatherings; appearing in NCLR helped to beat back a dangerous challenge to non- 2008, the anti-LGBT organizations dismissed that case as various Spanish, English, and Mixteco media outlets; discrimination laws at the University of California – Hastings well, and re-filed in state court in Sacramento. NCLR once and providing direct legal services to rural LGBT College of the Law. In this case, the Christian Legal Society again filed anamicus brief in this third attempt to strip anti- people on sexual orientation and gender identity (CLS) filed a lawsuit challenging the ability of a state discrimination protections from California students. discrimination, asylum, and family law.

3 NCLR Audited Financial Statements history of public support and revenue* for the Year Ending December 31, 2008 2003-2008

*Does not include donated professional services

Public Support and Revenue

Individuals $2,027,872 4 mil Bequests $1,043,800 Foundations $1,015,000 3 mil Donated professional services $1,742,539 4,086,672 Special events $770,894 Case fees $14,655 2 mil 3,118,296 Other revenue $3,472 2,600,787 Total Public Support and Revenue $6,618,232 1 mil 2,482,917 1,987,356

2004 2005 2006 2007 2008 Expenses

Legal programs and services $5,049,676 Management and general $69,289 Fundraising $734,994 2008 Expenses Total Expenses $5,853,959

Increase in unrestricted net assets $764,273

Net assets, beginning of year $1,752,384 86% Legal Programs & Services Net assets, end of year $2,516,657 13% Fundraising 1% Management & General

Please contact NCLR for a complete audited statement.

4 Foundations AND CHARITABLE FUNDS Corporate Sponsors NCLR deeply appreciates the following foundations’ and charitable funds’ generous support in helping NCLR thanks the following corporate partners whose Anniversary Celebration sponsorship helps us to imagine and craft a more humane world. NCLR work tirelessly for social, racial, and economic justice.

Alpert-Marcus Fund of the Jewish Equal Justice Works Mona Pittenger Fund of Tulsa Presenting Sponsors Clarence & Dyer LLP Bingham McCutchen LLP Community Foundation of Los Evelyn & Walter Haas, Jr. Fund Community Foundation $50,000 and above Coblentz, Patch, Duffy & Bass LLP Cooley Godward Kronish LLP Angeles Fidelity Charitable Gift Fund New Prospect Foundation AAA Travel Covington & Burling LLP Ernst & Young Arcus Foundation Funding Exchange Open Society Institute Wells Fargo Equality California Farella Braun + Martel LLP Astraea Lesbian Foundation for Gill Foundation The Overbrook Foundation Hanson Bridgett Horizons Foundation Gold Sponsors Justice: Henry J. Kaiser Family Foundation Pride Foundation Lieff Cabraser Heiman & Keker & Van Nest LLP $25,000 to $49,000 Purple Lady Fund H van Ameringen Foundation Pride Law Fund Bernstein, LLP Kirkland & Ellis LLP American Airlines Right Action Fund Horizons Foundation: Rainbow Endowment Mintz Levin Sonnenschein Nath & girls just wanna have funD The San Francisco Foundation Wolfe Video Roots and Wings Fund Munger, Tolles & Olson LLP Rosenthal LLP U.S. Collaborative Fund Harwood Hall Fund Stonewall Community Foundation: Silver Sponsors Nordstrom Jeff Soref Fund of Stonewall Advocate Sponsors Baker Brook Foundation Lewy Gay Values Fund $10,000 to $24,999 Orrick, Herrington & Sutcliffe LLP Community Foundation $1,800 to $2,999 Bill & Melinda Gates Foundation Live Oak Fund Bink Wines Russell Reynolds Associates Traub-Dicker Fund of Stonewall Bank of the West California Community Foundation O’Hanlan-Walker LGBT Equality Bolthouse Farms San Francisco 49ers Community Foundation CapirasoBing Consulting, Inc. Columbia Foundation Fund Morrison & Foerster LLP Squire, Sanders & Dempsey LLP Tides Foundation: Fenwick & West LLP The David Bohnett Foundation Queer Leadership Fund Olivia Wilson Sonsini Goodrich & California Initiative of the State Kimpton Hotels and Don Blaugrund LGBT Fund of Sondra Zambino Lesbian Give PG&E Rosati Foundation Community Foundation Sonoma Back Fund Equality Fund Restaurant Group, LLC Sweet Champion Sponsors County Weis / Renfroe Fund Kicking Assets Fund San Francisco LGBT Center $3,000 to $4,999 Dora Freedman Levit Fund for People Infinite Possibilities Fund of the Underdog Fund Bronze Sponsors Sena Family Law, PC Autodesk, Inc. The Dorian Fund Santa Fe Community Foundation The Ullman Family Foundation $5,000 - $9,999 The Wald Law Group The Baucis Group, Inc. Eddie Reynolds and Ed Jones Family J.B. Margaret Blaugrund Foundation van Löben Sels/RembeRock Chevron Corporation Fund of the Silicon Valley Jerry J. Wilson Memorial Foundation Foundation Community Foundation Jewish Community Endowment Fund *Lists as of June 29, 2009. We want to make sure our donors are acknowledged and listed appropriately and accurately; please notify us of any corrections at [email protected]. The Eden Foundation Lesbian Equity Fund

BOARD OF DIRECTORS Noemi Calonje Kate Kendell, Esq. Christopher Stoll, Esq. Barbara Russo - NY INTERNS Angela Berry Immigration Project Director Executive Director Senior Pro-Bono Attorney Eileen Scallen, Esq. - MN Nat Okey Angela Brown, Esq. Helen J. Carroll Jody Marksamer, Esq. Molly Tafoya Jill Schlesinger – NY Emma Reppun Stacey Camillo, J.D. Sports Project Director Staff Attorney & Youth Project Director Communications Associate Lesley Weaver, Esq. - CA Melissa Tang Azael Chávez Laría Shannon Price Minter, Esq. Amy Todd-Gher, Esq. Dora J. Dome, Esq. Project Assistant Legal Director Senior Staff Attorney NATIONAL ADVISORY COUNCIL LAW CLERKS Emily Doskow, Esq., Co-chair Lisa Cisneros, Esq. Diana Feliz Oliva Ilona Turner, Esq. Roberta Achtenberg, Esq. - CA Fall 2008 Dorothy Fernandez, Esq. Pride Law Fellow & Proyecto Poderoso Proyecto Poderoso Community Worker Staff Attorney Carol Alpert - NY Trenton Lamere Thelma Garza, J.D. Director Eleanor Palacios Jaan Williams Susan A. Gore - TX Alicia Virani Michelle Ortiz, Co-chair Joshua Delgado Events Manager Transgender Equality Field Organizer Joyce Hunter - NY Rachel Joyce Robasciotti, F.P. Legal Assistant Ming Wong, Esq. Spring 2009 Joyce Pierson Surina Khan - CA Donna Ryu, Esq. Calla Devlin Rongerude Helpline Attorney Dana O’Day-Senior Elder Law Project Consultant Phyllis Lyon - CA Olga Talamante Director of Communications Dena Zaldúa-Hilkene Vanessa Sundin Melanie Rowen, Esq. Lory Masters - TX Minna Tao Iain Finlay Manager of Annual Giving Staff Attorney Summer 2009 Manager of Finance & Administration Raquel Matas, Esq. - FL Cathy Sakimura, Esq. NATIONAL ADVISORY BOARD Adam Bailey STAFF Kris Hermanns Nancy Polikoff, Esq. - DC Staff Attorney & Family Protection Project Kate Clinton - NY Ashley Connell Jennifer Barth Director of Planning and Development Coordinator Ruthann Robson, Esq. - NY Office Manager Melissa Higuchi Liz Seaton, Esq. Yesenia Leon - FL Abby R. Rubenfeld, Esq. - TN Talia Stoessel Leanna Blankenship Development Assistant Director of Projects & Managing Attorney Fiona Martin - CO Carmen Vazquez - NY CT Turney Development Associate & Deborah Ortega, Ph.D. - CO Corina Valderrama Database Coordinator

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The National Center for Lesbian Rights is a national legal organization committed to advancing the civil and human rights of lesbian, gay, bisexual, and transgender people and their families through litigation, public policy advocacy, and public education.

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