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As the new Supreme Court term begins, the issues we care about are already front and center at the nation’s highest court.

One case, Fulton vs. City of Philadelphia, scheduled for oral argument on November 4, could have sweeping ramifications for our community.

Watch GLAD’s Transgender Rights Project Director Jennifer Levi explain what the case is about and what’s at stake:

LEARN MORE AND STAY UP-TO-DATE ABOUT THE CASE

TRANSCRIPT:

>> Hi, I’m here with GLAD attorney Jennifer Levi to talk about case, Fulton v. City of Philadelphia, that the United States Supreme Court will hear next term. Hi Jennifer, thanks so much for joining me today. I’ve heard Fulton is an important case for the LGBTQ community. Can you tell me a little bit about it?

>> Yeah, sure. This is a case in which Catholic Social Services sued after the City of Philadelphia ended its contract with them because the agency refused to work with same-sex couples who wanted to become foster parents.

It’s a case like so many we’ve seen where a religiously-based organization is asking to be exempted from non-discrimination laws. You probably remember a case from 2018 brought against a Colorado baker who refused to make a wedding cake for a same-sex couple. Many of us expected that case, Masterpiece Cake Shop, to be the one where the Supreme Court would decide whether religiously owned businesses get a pass on complying with non-discrimination laws. But Masterpiece Cake didn’t turn out to be that case. Instead with Justice Kennedy as the swing vote the Court decided the case narrowly, avoiding the larger legal question. That makes Fulton, the case the Court has now taken up the first to be heard on the issue since Justice Kavanaugh replaced Justice Kennedy.

>> Okay then. Wow. That makes it sound pretty important. What else can you tell me about it?

>> Catholic Social Services is one of about 30 agencies – almost all religious – that contracts with Philly to do foster placements. And after the City learned that Catholic Social Services wouldn’t work with married same-sex couples, it ended their contract. And Catholic Social Services sued. They lost in the trial court. They lost in the appeals court. And now they’re making their case to the Supremes. GLAD is part of a national team strategizing to make sure this case doesn’t end up gutting the non-discrimination laws that are so important to so many people.

>> I can surely see why this is an important case for couples in the Philadelphia area who want to become foster parents. But what makes it so important for everyone else?

>> That’s a great question. I mean there are a number of issues in the case but probably most significant for the LGBTQ community is one that pits Philly’s non-discrimination requirement against Catholic Social Services free exercise claim. But we should probably back up a little bit.

Under well settled precedent, laws that don’t specifically target religious entities and applied equally to everyone, religious and non-religious people alike, are presumptively constitutional. The court calls those neutral laws of general applicability. The court says that they would stand constitutional challenge even if they have some incidental impact on a person’s religious practices. And this isn’t some progressive idea. It’s based on a case called Smith that was decided by Justice Antonin Scalia decades ago. The reason so many eyes are on Fulton now is because it’s a case where the new conservative majority could change the law in a way that would allow substantially more discrimination against LGBTQ people and others in a wide variety of contexts. It’s been a goal of the Religious Right to do this basically since Smith was decided.

>> But doesn’t our constitution provide special protections for people to be able to follow their religious beliefs? I mean what’s so wrong with that?

>> Well sure our Constitution does say that you can’t target religious beliefs for a particular hostile treatment by the government. But that’s not what non-discrimination laws do. Far from it. And what Justice Scalia reasoned in Smith was that allowing a person to do whatever they want based on their religious beliefs would basically mean that every person becomes a law unto themselves and that would undermine the rule of law and create chaos.

You also have to remember that this is a case about the conditions a city like Philly gets to put on its spending. I mean the city is basically just saying if you want to get government money you can’t discriminate against LGBTQ people. Seems pretty straightforward when you think of it that way.

>> Yeah I guess it does. So how big a deal is this case anyway?

>> That depends on where the court lands on how far it extends its analysis. At the far end a decision in the case could allow pretty much any religious entity to refuse to provide services to anyone and it can also force government at all levels to fund discriminatory groups. Pretty scary really.

>> Wow. I see that. I mean, so many people rely on government services for food, housing, health care, and so much more. Are you saying people could be turned away from housing shelter just because they’re gay?

>> That’s certainly possible if the court overturns the Smith precedent. It might even mean that private businesses could do that. The implications are seriously far-reaching.

>> Okay wow. I’m really just trying to take this all in. The case sounds seriously important. Thanks for talking to me about it. Definitely sounds like something all of us who care about non-discrimination should follow closely. I’ll make sure to keep checking GLAD’s website regularly so I can keep up on this case and so many more that I know will make a big difference in my life and the lives of so many people I care about. Thanks again and I hope you’ll come back and talk to me again sometime.

>> You bet I will. Any time.

(Video recorded in May 2020)

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Jennifer Levi, GLAD’s Transgender Rights Project Director, explains the Supreme Court cases that will decide whether LGBTQ workers are legally protected from discrimination. The Court will rule any day now – sign up to hear as soon as they do and learn directly from GLAD experts what the decision means to you!

Register for the exclusive online briefing.

Dee Farmer, the First Transgender Plaintiff in a Supreme Court Case, Mourns the Passing of Aimee Stephens

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Dee Farmer, the First Transgender Plaintiff in a Supreme Court Case, Mourns the Passing of Aimee Stephens

Dee Farmer, the first transgender plaintiff to bring a case before the United States Supreme Court, issued the following statement in response to the death of Aimee Stephens, a transgender woman whose employment discrimination case is currently pending before the Supreme Court:

“I am saddened by the passing of Aimee Stephens, my sister in faith and love. Yet my heart is filled with warmth knowing that her voice will continue to be heard through her case in the Supreme Court. May this fact comfort us all.”

Dee Farmer’s litigation began in 1989, when she filed a federal lawsuit to hold prison officials responsible for failing to protect her from being sexually assaulted in a federal prison in Indiana, where she was housed with male inmates. Farmer’s case eventually reached the Supreme Court, which issued a landmark opinion in 1994 holding that prisoners have a right to be protected from sexual violence and that Farmer could seek damages from the officials who had placed her in danger.

The Court’s decision, Farmer v. Brennan, has been cited by thousands of courts. Farmer’s case was also a major catalyst for the Prison Rape Elimination Act, which was enacted by Congress and signed by President George W. Bush into law in 2003.

Farmer, who has spent decades incarcerated, was released on May 10, just a day before Aimee Stephen’s death on May 11, 2020.

“As we await the Supreme Court’s decision in Aimee Stephen’s historic case, it is important to remember the decades of advocacy that made this moment possible,” said Shannon Minter, a transgender man who serves as the legal director of the National Center for Lesbian Rights. “Dee Farmer is a legend in the transgender rights movement. This June will mark the twenty-sixth anniversary of her groundbreaking victory, which marked the first time the Supreme Court had a chance to learn about the struggles faced by transgender people. In the decades since, Dee’s courage has inspired countless other advocates to educate legislatures and courts about the humanity of transgender people and their urgent need for basic legal protections.”

“Few individuals have made as big a difference in the lives of others as Dee Farmer,” said Jennifer Levi, the Director of the Transgender Rights Project at GLBTQ Legal Advocates & Defenders, and co-counsel with NCLR in several cases challenging Trump’s transgender military ban. “The transgender movement has made tremendous progress since Dee brought her case, and we owe no small part of it to her courage and foresight.”

In 2019, Farmer was featured in an award-winning documentary, Where Justice Ends, which tells the story of her arrest for a non-violent crime, the horrific treatment she endured while incarcerated, and the lawsuit that changed the law of the land.

In the past two years, Farmer has consulted with NCLR to help guide its advocacy on behalf of other transgender prisoners. Currently, NCLR represents Adree Edmo, a transgender woman incarcerated in Idaho. Last year, a federal district court ordered the prison to provide Ms. Edmo with medically necessary care to treat her gender dysphoria. The Ninth Circuit affirmed that decision, and Idaho has asked the Supreme Court to take the case.

“Our movement owes a huge debt of gratitude to Dee Farmer and the many other Black transgender women who have led the way in fighting for justice and dignity for all people,” said Imani Rupert-Gordon, who joined NCLR as its Executive Director in March. “NCLR is committed to honoring Dee’s legacy and to continuing the work that she and others began, and we will not rest until every transgender person can live safely and freely, and until the horrific violence and mistreatment that too many transgender prisoners still endure is at an end.”

GLAD and NCLR Respond to US Navy Granting Waiver to Transgender Officer Who Sued to Challenge Military Ban

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The U.S. Navy announced last night that it has granted the first waiver to a transgender service member under the transgender military ban which has been in effect for more than a year.

GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights (NCLR) filed suit in March on behalf of the Naval Officer who has been granted the waiver. The government was due to file its response to the suit next week.

“The ban has been in place for over a year and this is the first waiver to be granted,” said Jennifer Levi, GLAD Transgender Rights Project Director. “While we are relieved that our client, a highly qualified Naval officer, will be able to continue her service, there are other equally qualified transgender service members who have sought waivers and are still in limbo, despite being perfectly fit to serve. Dedicated military service members shouldn’t have to bring a lawsuit to be able to continue doing their job.”

“There is no basis for treating transgender service members differently by requiring them to seek a waiver that no one else has to obtain in order to continue to serve,” said Shannon Minter, NCLR Legal Director. “While we are relieved for our client, requiring transgender service members to jump through this discriminatory hoop makes no sense and only underscores the irrationality of the ban. Being transgender has nothing to do with a person’s fitness to serve, and transgender individuals should be held to the same standards as other service members.”

“We are ecstatic both for the Sailor and the breach of the waiver logjam,” said Emma Shinn, president of SPART*A, which advocates for actively serving transgender military members, veterans, and their families. “I am hopeful that this is the first of many; but the fight is far from over.”

Click here to learn more about the case.

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GLAD Executive Director Janson Wu issued the following statement on the death of Aimee Stephens, whose landmark transgender status employment discrimination case is currently pending before the U.S. Supreme Court:

“We are deeply saddened by the news of Aimee Stephens’ death. Our hearts go out to Aimee’s wife, Donna, their daughter Elizabeth, and all who loved her.

All of us owe Aimee a debt of gratitude. Her decision to speak out and challenge the discrimination she faced at a job she had loved for years demonstrated true courage. Her willingness to publicly share her story and to persist in her fight all the way to the Supreme Court has already made a tremendous difference to transgender people across the country.

Aimee’s life reminds us that at the center of every civil rights case is a human story, an individual who made the choice to try and change things for themselves and for all of us. Today we celebrate Aimee’s life and thank her and her loved ones for the gift they gave our community.”

Aimee Stephens’ case, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, is currently pending before the U.S. Supreme Court and concerns the question of whether transgender workers are protected from discrimination under Title VII of the federal Civil Rights Act.

Advocates Urge Data Reporting to Meet Needs of LGBTQ Youth in Foster Care Following Trump HHS Rule Change

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Massachusetts youth advocates are urging state action to collect and report sexual orientation and gender identity (SOGI) data in order to adequately address the needs of LGBTQ youth in the child welfare system.

The renewed push for state SOGI data collection and reporting comes as the federal Department of Health and Human Services (HHS) published its final rule today removing data elements on sexual orientation in the required Adoption and Foster Care Analysis and Reporting System (AFCARS), the federally required semi-annual report on all children in foster care.

Massachusetts-based organizations GLBTQ Legal Advocates & Defenders (GLAD), Citizens for Juvenile Justice (CFJJ), the Massachusetts Commission on LGBTQ Youth, BUILD, a program of Roxbury YouthWorks, Inc., the Children’s Law Center of Massachusetts (CLCM), SWAGLY-Supporters of Worcester Area GLBTQ+ Youth and More Than Words, issued the following statement condemning the new HHS rule and calling for immediate action to ensure data collection and reporting at the state level:

LGBTQ youth are some of the most vulnerable youth in our child welfare system. By removing sexual orientation data elements from required AFCARS reporting the federal government is abandoning its responsibility to understand and meet the needs of those youth.

The HHS rule published on May 12 is yet another attempt by the Trump administration to render the lives of LGBTQ people, including LGBTQ youth, invisible. Massachusetts can and must do better.

Nationally, LGBTQ youth, and particularly LGBTQ youth of color, are overrepresented in child welfare systems. The intersectionality of the experiences of homophobia and transphobia, racism, and abuse and neglect should generate the most heightened level of care and concern for these young people, and that starts with the collection of the data telling us who and where they are. In Massachusetts, we know that 11.3% of high school-aged youth identify as LGBTQ. All youth need and deserve culturally competent, understanding care and services. Without transparent data, collected in a culturally competent manner, it is impossible to know whether we are meeting our responsibility to LGBTQ youth in state care, and we leave those youth at substantially greater risk for negative outcomes.

As organizations working to support the wellbeing of all youth, including LGBTQ youth, in the Commonwealth, we call on state legislators, the Baker administration, and the Department of Children and Families (DCF) to act to ensure data on the presence and needs of LGBTQ youth in our state child welfare system is collected, reported on, and employed to ensure appropriate programs and services.

Sensitive, culturally competent data collection is critical to understanding the numbers, geography, and needs of vulnerable LGBTQ youth. Without an understanding of who, and where, these vulnerable young people are, we are not doing everything we must to protect and support them. Especially in light of the Trump administration’s egregious failure, Massachusetts has the power and obligation to act.

Locally, although DCF has articulated a commitment to collecting this data, this data has not been systematically collected or reported to date. Legislation regarding DCF data collection and reporting, including H. 4163 which is currently pending before the Massachusetts House Committee on Ways and Means, should include sexual orientation and gender identity to ensure that Massachusetts is able to fully understand – and then address – disparities for LGBTQ youth in our child welfare system.

On Monday, GLAD and CFJJ sent a letter to the Committee chairs urging the adoption of amendments to H. 4163 to require DCF to collect demographic data on sexual orientation and gender identity. Click here to view the letter.

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Statement of GLAD Executive Director Janson Wu on the Death of Ahmaud Arbery

GLAD joins in celebrating the life and mourning the death of Ahmaud Arbery.

As our hearts go out to Ahmaud’s family, friends and community, we also join in the collective outrage at the persistence of racist, hate-motivated violence that led to his untimely death. We join the call for accountability for a system that once again dismissed the death of a young black man and allowed the two white men who took his life to avoid responsibility until a public outcry made it impossible to do so.

GLAD joins in solidarity with all those working to uproot the racist and white supremacist rot that remains embedded in the structures of our society and manifests again and again in a coarse disregard for black life. Our work for true justice for all LGBTQ people and people living with HIV is not possible without our work for racial justice, today and every day.

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In response to the President Trump’s announcement of a planned Executive Order suspending immigration to the United States, Janson Wu, Executive Director of GLBTQ Legal Advocates & Defenders, issued the following statement:

“We are grappling with a global health crisis that is resulting daily in the deaths of thousands. At a time when the president should be focused on bringing people together, he is instead choosing to exploit the crisis to push a racist, xenophobic political agenda. The attention and resources of our federal government need to be focused on ensuring we have adequate safety equipment to protect healthcare workers and others on the front lines; that we increase testing and support science and medical experts in developing treatments and a vaccine; and that we support those most vulnerable to the health and financial impacts of this pandemic while working towards a responsible path to economic recovery.

“We in the LGBTQ community continue to stand in solidarity with all immigrants, asylum seekers, and refugees, LGBTQ and non-LGBTQ. Immigrants, including foreign healthcare workers whose expertise is critical in this pandemic, will be part of what makes America stronger coming out of this crisis. Doubling down on divisive rhetoric about closing our country’s borders is not only cynical and un-American, it is a distraction from the real leadership we need from our government in this unprecedented moment.”

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These last few weeks have challenged all of us in ways we never expected. So many of us are feeling anxious about our own health, and that of our families, loved ones, friends and community.

We are beginning to learn of people near and known to us getting sick, and watching the number of people affected by COVID-19 increase across the country. We are seeing the toll the pandemic is taking on frontline workers – from hospitals to grocery stores – and on our healthcare system overall.

I hope in this time you are finding ways to take care of your physical and mental wellbeing, which is more important than ever in times of extreme stress.

It’s clear now that the situation we are in will take months, not weeks, to resolve. We’re all going to need to prepare ourselves for uncertainty, and learn to remain resilient in the face of fear.

It’s not an easy task, but I’ve already seen our community step up in countless ways, to do what needs to be done to protect each other.

In the challenge of this moment, GLAD is adapting to make sure we can continue our critical mission uninterrupted. We are finding new and creative ways to work together, even as we are physically separated.

I’m grateful to GLAD’s team of staff, volunteers, and supporters who are pulling together to ensure that we are up to the challenge. Because now, more than ever, I understand how our community needs GLAD’s vital work.

Our community needs GLAD to share resources to navigate this pandemic, especially the most vulnerable among us.

Our community needs a place to call for help when they face discrimination, or need help navigating challenging systems. Our GLAD Answers legal information and referral line remains open for business.

Our community needs GLAD to keep fighting for everyone who wants to serve our country during this national crisis, including transgender individuals seeking to serve in the military, which is already playing a critical role in providing food, health care, and other essential services.

Our community needs GLAD to protect LGBTQ people from being wrongly fired from their jobs, and as a result losing not only income but health care.

Our community needs GLAD to advocate for the release of as many people held in detention as is safe and possible, not just to protect their individual health, but also the collective health of the public.

Our community needs GLAD to ensure that families facing medical crises do not also have to fight to have their relationships recognized in emergency rooms.

And our community needs GLAD to remind policymakers the lessons from the HIV epidemic, that especially in the face of political pressure and fear, we must protect victims of COVID-19 from stigma and discrimination and ensure their medical privacy.

That is our mission in the weeks, months, and year ahead.

I want to share some personal thoughts about what we face moving forward.

Of course, like you, I am worried about loved ones, like my 74 year-old mother, who is far away and isolated in the basement of my sister’s home in Michigan to protect her health. It is my greatest hope that my family and yours stay safe and healthy.

But I have broader worries as well.

I worry that fear might cause us to turn away or against each other, instead of caring for the sick.

That panic will cause more harm to our public health systems than the disease itself.

That economic devastation will destroy the lives of vulnerable people who already don’t have enough of a safety net to count on.

That we will start to see our livelihoods and survival as a zero-sum game, instead of seeing our fates as tied to each other.

There is no such thing as a risk-free world, and we will all have to make personal decisions about what level of risk we are willing to make in order to protect and care for our fellow humans, in the months to come.

But we all also have an opportunity to ask ourselves, what more can I be doing to protect and care for my fellow humans?

That is what we will be called upon to answer, over and over again in the year to come, and I know that GLAD, and our community, will continue to do so, without pause.

Now, more than ever, our mission is critical and vital, and we must and we will do everything we can to protect our communities.

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[UPDATE: 3/23/2020] Our COVID-19 resource page is live.

Dear Friends,

I wanted to share an update on how we at GLAD are responding to the situation regarding COVID-19.

Our highest priorities in this moment are the safety and wellbeing of our staff, interns, volunteers, and community members, as well as our collective responsibility to do all we can to lessen the risks to those who are most vulnerable to critical health impacts from this virus.

While our daily work for LGBTQ equality continues on, we, like so many, are temporarily adjusting the way we do our work according to the best public health recommendations and information available. Most GLAD staff are working from home whenever possible. This evolving situation may result in some disruptions or delayed communication, and I want to let you know about two particular areas that may impact our community during this time:

Our GLAD Answers legal information line remains available to support anyone experiencing discrimination or needing information about your legal rights. However, we may experience delays in responding to phone calls, to allow us to prioritize the most urgent needs. The fastest way to receive a response from GLAD Answers is to contact us at www.GLADAnswers.org.

We have cancelled all GLAD events scheduled over the next month, and will continue to assess the status of future events on a case by case basis as the situation evolves. We will reach out with information regarding specific events, as well as other ways to connect. You can also check GLAD.org for updates on the status of event.

Rest assured, though, our work won’t stop. GLAD will continue to be available, and I invite you to connect with us online or to contact GLAD Answers.

While best practice at the moment is to limit in-person social contact, taking those precautions does not mean turning away from one another.

One side effect of limiting public, workplace, and school gatherings may be isolation that can be particularly difficult for members of our LGBTQ community. And we know, too, there are those among us who are being particularly hard hit, including those most at risk for serious complications of COVID-19, communities who are being targeted with xenophobia and racism, and those without a sufficient safety net to withstand the economic impacts. We can all take this opportunity to reach out, to look for new ways to connect and support one another, and to remember that we are all in this together.

Our community is no stranger to a public health crisis, and we know from experience that the best way through is to work together, to stay focused on evidence-based information, and to treat one another with respect, care, and compassion.

That is how we will get through this moment, and that is how we will continue our fight for justice.

Be well, and take care of yourself and each other,

Janson Wu

Executive Director

P.S. We’ll be publishing resources shortly that we’re finding helpful to cope with the isolation from social distancing, and for additional support for those of us most vulnerable to the effects of this virus.