Leading Equality Spring 2015 by Human Rights Campaign

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SPRING 2015

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FROM CHAD THE HUMAN RIGHTS CAMPAIGN IS

“IT’S AN UNPRECEDENTED WAVE OF LEGISLATION THAT IS ATTEMPTING TO ENSHRINE HATE INTO LAW.”

AMERICA’S LARGEST CIVIL RIGHTS ORGANIZATION WORKING TO ACHIEVE LESBIAN, GAY, BISEXUAL AND TRANSGENDER EQUALITY. BY INSPIRING AND ENGAGING ALL AMERICANS, HRC STRIVES TO END DISCRIMINATION AGAINST LGBT CITIZENS AND REALIZE A NATION THAT ACHIEVES FUNDAMENTAL FAIRNESS AND EQUALITY FOR ALL.

As we get closer to the U.S. Supreme Court’s marriage equality ruling, it’s clearer than ever that our biggest battles are still ahead of us. In states like Indiana, Arkansas, Nevada, Texas and Louisiana, opponents of equality have been more organized than ever this year, pushing legislation that would give individuals and businesses the right to discriminate. From Indiana-style “religious freedom” bills to “bathroom surveillance” bills that would make it a crime for transgender people to use the appropriate restroom, more than 100 pieces of anti-LGBT legislation have emerged across the country. In Florida, an anti-LGBT bill was tabled in the eleventh hour — but could rise again in the next session. The state House of Representatives had voted 75-38 to advance HB 7111 which would have allowed any private adoption agency to discriminate against qualified prospective parents based on the agency’s religious or political beliefs. Such legislation flies in the face of what Americans really want: full equality for all. Poll after poll shows that Americans support their LGBT friends, family members, neighbors, coworkers and fellow citizens, and oppose legislation that would permit businesses to refuse service to

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LGBT people. Apple, Gap, Microsoft, Pepsi, Wells Fargo and other major companies have signed the Human Rights Campaign’s statement opposing anti-LGBT legislation. There is a new American coalition for equality emerging, and it is ready to fight like never before. In this issue of Leading Equality, you’ll hear from HRC leaders who are taking on discriminatory bills and working hard to spread equality from coast to coast. Jeremy Pittman, HRC’s deputy field director, details our work in dozens of states and JoDee Winterhof, vice president for policy and political affairs, shares how HRC is thinking beyond marriage and working for a comprehensive non-discrimination bill at the federal level that will protect LGBT people at home, at work, in schools and in public places across the country. We’ve got a long fight ahead of us. But as we’ve shown time and time again, there’s no challenge we can’t meet if we work together.

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SPRING 2015

THE BATTLES ARE FAR FROM OVER

RAMPING UP THE FIGHT Q&A: JODEE WINTERHOF

MOBILIZING ON THE GROUND TO DEFEAT THE OPPOSITION

THE NEW ANTILGBT BILLS: WHAT YOU CAN DO

Photo: Matt McClain / Getty Images

Dear Friends,

Hundreds of opponents of equality gathered at the Texas Capitol at an event this spring.

photo coming

THE BATTLES ARE FAR FROM OVER EMBOLDENED ANTI-LGBT FORCES STEP UP EFFORTS IN DOZENS OF STATES

Photo: Ralph Barrera / AP

pponents of equality have launched a new, coordinated strategy in statehouses around the country. Their goal? To advance sweeping new bills in the state legislatures that undercut key protections for lesbian, gay, bisexual and transgender Americans and other minority groups. No matter what the Supreme Court decides in June, this fact remains: Lawmakers in each state will have a say about our fundamental rights. And because state legislative sessions are quite short, the bills are moving at a fast clip — often in a matter of days. The bills have been gaining traction in a record number of states. This spring, there were 100-plus such bills in 29 states. It comes at a time of increasing hostility toward equality — due, in part, to the progress that the LGBT community has made in recent years. Lawmakers are emboldened. AntiLGBT groups are organized and well-funded. A high court decision in support of same-sex marriage could further fuel the opposition. Currently, the vast majority of states do not have fully inclusive non-discrimination protections in place. If passed, these new bills would nullify existing protections at the

municipal level for LGBT people. The bills could also prevent city councils from passing new protections. (Currently, 34 million Americans have more comprehensive nondiscrimination protections at the local level than they have from their state laws.) Already, three of these bills have passed and several more have come close to passage. Many of the bills — cloaked under the guise of “religious freedom” — are able to move swiftly and quietly, thanks to an increased number of socially conservative lawmakers who took office in the 2012 and 2014 election cycles. Many more battles are expected this year and the next. If passed, the measures could affect nearly every facet of daily LGBT life — including housing, jobs, adoption and safe schools for youth. The measures put all minority groups at risk of being denied service at the doctor’s office, a restaurant, a local pharmacy and elsewhere. The Human Rights Campaign is working intensively with state legislators, corporate allies, volunteers and other civil rights groups to highlight and counter the anti-LGBT forces’ efforts at the state level. HRC’s “war room” effort and strategy has been under way, nearly 24-7, helping

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to organize rallies, phone banking, letterwriting campaigns and visits to lawmakers’ offices; implementing social media and ad campaigns; making phone calls to national, regional and local businesses; and reaching out to media outlets. (See p. 8.) Thanks to HRC’s years of bipartisan work with the workplace and faith communities, it can showcase the broad coalition opposing these kinds of legislation. Apple, Walmart and other major corporations have spoken out for fairness during the skirmishes in Indiana and Arkansas. Nearly 140 high-tech companies signed an unprecedented joint statement calling for the addition of non-discrimination protections for LGBT people to state and federal civil rights laws. continued on p. 4

AT THE FEDERAL LEVEL, HRC is ramping up its efforts to build support in the U.S. Congress for a nondiscrimination bill, led by JoDee Winterhof, HRC’s vice president for policy and political affairs. (See p. 6.) The broad bill focuses on needed legislation in credit, employment, housing and other key areas.

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Battle con’t from p. 3 Other unexpected allies surfaced besides Walmart, including the NCAA and NASCAR. Even former GOP Attorney General of Georgia Michael Bowers, once a well-known opponent of LGBT equality, has said a bill in Georgia of this kind would, if enacted, “be an excuse to practice invidious discrimination.” Some GOP leaders in Washington are also speaking out. Longtime HRC ally Sen. Mark Kirk, R-Ill., announced his opposition to such bills. Meanwhile, many Republicans positioning themselves for a run for the White House have announced their support for the bills. HRC President Chad Griffin, speaking at a rally on the statehouse steps in Little Rock, Ark., warned that such bills could cause considerable economic and social damage to any state that passes them. In statehouses across the country, antiLGBT opponents are pushing ahead with four different kinds of bills: (1) The so-called “Religious Freedom Restoration Act”-type bill — often intentionally vague — could empower any individual to sue the government to attempt to end enforcement of a nondiscrimination law. There are four different types of RFRAs: statewide, marriage, adoption and “Super-RFRAs.” By passing a state RFRA, the power to decide what constitutes religious discrimination is put in the hands of a state’s Supreme Court. Some of these so-called “religious refusal” bills specifically target marriagerelated services. Bills that focus on adoption would allow service providers to deny service based on religious belief. “Super-RFRAs” would empower anyone who found their religious beliefs even mildly inconvenienced to sue. These

In Indiana…

bills have passed this year in Arkansas and Indiana. (2) Anti-transgender laws seek to restrict transgender Americans’ access to public accommodations, school activities or medical care. For example, bills in South Dakota and Minnesota seek to prevent transgender students from participating in school sports according to their lived gender. Most often, these bills attempt to restrict access to gender-separated facilities like bathrooms and locker rooms, based on factors such as an individual’s sex assigned at birth.

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(3) One bill introduced in Oklahoma this year sought to promote “conversion therapy” and legally protect therapists who conduct this dangerous practice to try to change a person’s sexual orientation or gender identity.

(4) Other bills are aimed at nullifying local civil rights protections for LGBT people at the municipal level. If passed, these bills would eliminate existing non-discrimination protections and prevent city councils from passing new legislation. One of these bills passed in Arkansas this year.

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These bills attack even the most fundamental rights. They also aim to legalize hatred under law. Passage of these bills could critically undermine the social and economic climates of states by opening the door to lawsuits over personal religious beliefs. And further, the dangers extend beyond the LGBT community, leaving other minorities at risk to the same kinds of discrimination.

A poll of likely voters in Indiana conducted by Greenberg Quinlan Rosner for the HRC shows that even after weeks of high-profile debate on the issue of “religious liberty,” Gov. Mike Pence and his allies failed to convince Hoosiers that the “religious liberty” bill was good public policy.

of likely voters said that businesses should not be allowed to refuse service because of a customers sexual orientation or gender identity.

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“AS WE GET CLOSER TO THE SUPREME COURT’S MARRIAGE EQUALITY RULING, IT’S CLEARER THAN EVER THAT OUR BIGGEST BATTLES ARE STILL AHEAD OF US.” — CHAD GRIFFIN NH

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of likely voters say the “religious liberty” fight was bad for the Indiana economy.

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of voters think Indiana is on the “wrong track” after the “religious liberty” fight.

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RAMPING UP THE FIGHT Q & A HRC’S JODEE WINTERHOF, VETERAN POLITICAL STRATEGIST

oDee Winterhof, HRC’s vice president for policy and political affairs, has more than 20 years of experience in navigating the complex intersection between politics, campaigns, messaging and public policy — holding leadership roles on multiple campaigns at the presidential, senatorial and congressional levels. She has spent over a decade on Capitol Hill, including as chief of staff to Sen. Tom Harkin of Iowa and Rep. Kyrsten Sinema of Arizona.

It’s a particularly critical time for equality. Our opponents are coalescing under a powerful new strategy. We’re facing over a hundred anti-LGBT bills in 29 state legislatures around the country, and that’s only what we have right now! Many of these legislatures have not adjourned, so the challenge is significant, but I’m also arriving at a time where HRC has laid the groundwork for successfully advancing our issues toward full equality across the country. Many people don’t realize that however the Supreme Court rules, LGBT people will still face discrimination in nearly every aspect of their lives. Regrettably, discrimination is alive and well, and it is going to take more than a Supreme Court ruling to change that. However, I do think that where we are in terms of the court potentially ruling in favor of full marriage equality is truly an extraordinary thing. But our work is not done. There are still so many states where somebody can get married in the morning and then fired in the afternoon because comprehensive non-discrimination protections do not exist. In many ways, the marriage marker helps us move to the next chapter of this story, but the book is still being written. HRC is leading the fight for a federal civil rights bill. Why is it so crucial? Our community and movement have joined together to basically say we demand full equality. Marriage is not full equality; it’s full marriage equality. We need full equality in our day-to-day lives. This is a powerful moment for our movement, and it is important that we put this marker down and

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Winterhof joined HRC last December as it began to step up even further its campaign to bring equality to LGBT people, beyond what a Supreme Court decision will do. A key part of that work is to pass a much-needed federal non-discrimination bill through Congress. Winterhof leads HRC’s federal, state and local legislative, field and legal teams, and oversees the management of HRC’s PAC and federal lobbying on global LGBT issues.

continue marching forward until we achieve full equality. Building bipartisan coalitions is vital to HRC’s work. How can we best make that happen? It’s critical that we conduct our work in a bipartisan fashion in terms of our work in Congress and our work in state legislatures

across the country where we are trying to not only stop bills that are harmful to the community but also advance legislation that will support and help our community. We really cannot do work anywhere without doing work in a bipartisan fashion. HRC is uniquely positioned to both partner, educate, draw in, and cajole members on both sides of the aisle continued on p. 7

MANY STATES STILL HAVE NO PROTECTIONS... HRC LEADS CHARGE TO PASS FEDERAL BILL HRC will be spearheading a campaign on Capitol Hill for a muchneeded piece of legislation — a comprehensive federal nondiscrimination bill. And here’s why it is important: The reality of the patchwork of protections for LGBT people around the country is that dozens of states still have no protection in place when it comes to discrimination based on sexual orientation and gender identity. If passed, this new legislation will prohibit anti-LGBT discrimination in seven key areas: credit, education, employment, federal funding, housing, jury service and public accommodations. A key part of the effort will be to build bipartisan support for the bill. “Equality isn’t a Democratic or Republican value,” says HRC’s Winterhof. “It’s an inherently American value.” HRC is at work not just on Capitol Hill but also on the ground, galvanizing members to push their representatives to pass the comprehensive bill. More and more American people are standing behind the message that HRC has always fought for — that no individuals should be discriminated against for being who they are.

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100+ ANTI-LGBT

BILLS have been filed with alarming speed in legislatures around the county.

Marriage is not full equality; it’s full marriage equality. We need full equality in our day-to-day lives. Winterhof con’t from p.6

Photo: Dakota Fine for HRC

around our issues, and partner with them when they’re ready to move things forward. I think the role that HRC can play is very significant and HRC is very well-positioned to play this role in this upcoming effort. You’re from Iowa! And the famed Iowa caucuses are approaching all too quickly — the first step toward electing a new U.S. president, when everyday voters get to vote for the first time. What role do LGBT people have, or should have, in Iowa? Well, I am a proud Iowan without question, and I do think that participation by the LGBT community and pro-equality voters in the Iowa caucuses and presidential primary process is crucial. We’re at a point in our country where the pro-equality vote can coalesce around candidates and issues and have a legitimate effect on election outcomes. The present field of Republican candidates do not support marriage equality. They do not support employment non-discrimination. And we happen to find ourselves at a moment where we can wield the power of our pro-

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What can you bring to HRC from your years of work in different political worlds? I think I am able to bring a breadth of experience from Capitol Hill, from campaigns, from the presidential level down to the local level and leverage HRC’s resources. The other thing that I think HRC members and our team will come to know is that I’m very persistent. I don’t like to give up. One of my favorite stories from travels in Africa is of a local woman who, when asked why the community had selected her to be the maternal health coordinator and visit every pregnant woman in her village, she looked at us and said “They chose me because they knew I wouldn’t give up.” I hope that HRC’s members know that part of the reason I’m here is because I will not give up. Any surprises so far in your time at HRC? Given the recent events in Indiana and Arkansas, I was a bit surprised by how little of a pulse Indiana's Governor Pence had of the

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have introduced these hateful laws for consideration in the first months of 2015 alone. state of LGBT issues and the strength of our community in Indiana and across the country. As a result of his actions and statements, we were able to make huge advancements in terms of coalition building, bringing together folks from across the spectrum to speak out against the proposed RFRAs in Indiana and Arkansas. The events in these states have allowed us to turn a key corner on this important issue as we continue advocating for comprehensive equality for the LGBT community across the board.

equality vote to make a difference in 2016. I look forward to HRC engaging our members and supporters in campaigns and issues that matter to us in our day-to-day lives.

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29 Lastly, what can HRC members do to pitch in? On the federal and state levels, we need our HRC members to actively engage with their members of Congress and state legislators on key pieces of legislation. We’re continuing to fight back against RFRAs across the country and the comprehensive federal bill is going to be a tough, important fight that will require support from both sides of the aisle. HRC also needs our members involved on the local level where we are working to pass nondiscrimination ordinances and elect pro-equality officials across the country. There’s so much work to be done, and we need to do it together!

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IN THE FIELD Why are these so-called “religious freedom” bills emerging? Is it due, in part, to the larger numbers of conservatives elected to state and local government recently? Yes, state legislatures are more conservative than ever before. In 2009, Republicans controlled both chambers of the legislature in just 14 states. Today, Republicans control both chambers of the legislature in 30 states. We know that there are supporters of equality on both sides of the aisle, but there are more anti-equality lawmakers serving in key leadership posts as speakers of the House and Senate presidents than in recent memory. It’s not just the partisan composition of state legislatures that’s responsible for the wave of so-called “religious freedom” bills, though. I believe we’re seeing this wave of anti-LGBT legislation because we’re winning. In the past year, we’ve seen marriage equality sweep through some of these states with more conservative legislatures — states like Indiana, Alabama, Florida, Oklahoma and South Carolina. What we’re seeing in a lot of states are attempts to legislate around marriage equality.

MOBILIZING TO DEFEAT A REAL THREAT TO LGBT EQUALITY

RC’s Deputy Field Director Jeremy Pittman is leading the organization’s campaign on the ground to battle new, anti-LGBT legislation arising across the country. The veteran organizer is managing HRC’s work with state and local groups, businesses, faith leaders, HRC organizers, members and supporters, as well as HRC staff across different programs in Washington, D.C. Leading Equality caught up with him recently.

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These bills can move quietly and quickly in a matter of days, not weeks, in a state legislature. What is HRC doing? With whom are we working? Many state legislatures have sessions that only last a few months. Bills can move very quickly from introduction to passage, often without notice or hearings. HRC is working with state-based LGBT advocacy organizations — like Equality Texas and Freedom Indiana — and with national partners to defeat these anti-LGBT bills.

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What we’re seeing in a lot of states are attempts to legislate around marriage equality.”

In addition to attacking marriage equality, some of these bills attack adoption by samesex couples and safe schools for youth. The range of bills we’re seeing this year is incredible. Some of the bills aim to allow individuals and businesses to refuse service to LGBT people (and, in many cases, to other minorities as well) based on a “sincerely held religious belief.” These bills go beyond what we’ve seen in the past because they aim to give businesses the ability to have religious beliefs. And these bills are not just about businesses that provide wedding-related services. Some of these antiLGBT bills would allow adoption agencies to discriminate against prospective parents based on religious belief, even if the agencies receive public funding. Still others would allow student groups at public universities to receive public funding, even if they discriminate against LGBT students. Finally, there’s a whole range of bills that seek to criminalize and further stigmatize transgender people. Perhaps scariest among these are the “bathroom surveillance” bills that would make it a crime for transgender people to use the appropriate restroom. In some cases, lawmakers even want to make it a crime for a restaurant or other business serving the public to allow a transgender person to use the appropriate restroom.

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What You Can Do About the New Anti-LGBT Bills....

1 Show your support for equality through visible acts such as downloading our #OpenToAll sign and displaying HRC stickers in prominent locations. 2 Keep the pressure on politicians of all levels by speaking out through petitions, letters and more, reminding them that full equality is a fundamental American right guaranteed by the U.S. Constitution.

At a rally in Little Rock, Ark.

Photo: Danny Johnston / AP

HRC often provides financial and staff resources to state campaigns. In Georgia, for example, HRC was a leading partner with Georgia Equality in the Georgia Unites Against Discrimination campaign. HRCers served on the campaign’s steering committee, and HRC contributed five field organizers to run the campaign’s field organizing program. HRC mobilized its members and supporters to contact their Georgia lawmakers, and we generated calls to key lawmakers from moderate and conservative voters who are not HRC supporters. Companies, in particular, are speaking out against these bills. Is that surprising? What is HRC’s role in that? Thank goodness for the strong voices of supportive businesses. They’ve really made a huge difference as we confront anti-LGBT legislation in the states. More than three dozen household names like

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Apple, Gap, Microsoft, Pepsi and Wells Fargo have signed HRC’s statement opposing anti-LGBT legislation. More than 100 technology industry executives signed a similar statement and took the added step of calling for strong state and federal protections against anti-LGBT discrimination. And countless more companies have issued their own statements or made LGBT inclusion a key part of their recent advertising. It’s no surprise to me that companies are coming out to support their LGBT employees and customers. After all, many of these companies have been doing the right thing for a long time. This year, 366 companies scored 100 percent in the HRC Foundation’s Corporate Equality Index, demonstrating their commitment to treating their LGBT employees fairly. Those same companies are now asking how they can protect their employees from discrimination when they leave the office at the end of the day.

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3 Get the word out about the dangers of RFRAs through photos, status updates, tweets – however you can help to educate your communities. 4 Hold your communities accountable for their practices by asking local businesses to affirm their commitment to full equality through placing our #OpenToAll sign at their door. www.hrc.org/opentoall

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