State LGBT Advocacy Webinar

May 9, 2018

2:00 pm – 3:00 pm EST

Housekeeping: Webinar Format

• Screen view of presentation slides only; not presenters

• Participant mics are muted

• 1 hour in length

• 50 minutes for speakers

• 10 minutes for questions and comments

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• Submit questions and comments via the Question panel

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• Note: Today’s presentation is being recorded and will be provided online in about a week

Leo Rennie, MPH

Senior Legislative and Federal Affairs Officer in the APA Public Interest Government Relations Office

• How APA’s government relations work is structured and prioritization among the Government Relations Offices of the four APA Directorates

• An overview of healthcare and budget as pertaining to sexual and gender minorities

• The state of data collection about sexual orientation and gender identity in federal data collection

Cathryn Oakley, JD

State Legislative Director and Senior Counsel, Human Rights Campaign

• Advises legislators and advocates working to enact laws that further LGBTQ equality

• Focuses on passing non-discrimination laws at the state and local levels and combatting anti-LGBTQ legislation in state legislatures.

• Earned law degree from the George Mason University School of Law and is a member of the Virginia Bar and bachelor’s degree in Economics from Smith College.

Ronald Schlittler, MIPP

Program Coordinator for the APA Office on Sexual Orientation and Gender Diversity

• Moderator

• APA entities and state level LGBT issues

• Office on Sexual Orientation and Gender Diversity

• State psychological associations

• Society for the Psychological Study of Lesbian, Gay, Bisexual, and Transgender Issues (Division 44) Public Policy Committee

• APA Practice Directorate State Advocacy Director

• Public Interest Government Relations Office

APA Entities Coordinating on State Level MattersThe Office on Sexual Orientation and Gender Diversity monitorsLGBT related legislative issues at the state level and:

▪ Communicates and coordinates with the state psychologicalassociations, the Division 44 Public Policy Committee the APAPractice Directorate’s Director of State Advocacy and the APAPublic Interest Government Relations Office;

▪ Provides technical support to state psychological associations intheir advocacy efforts, which includes directing to relevant APAPolicy Resolutions and resources and facilitating strategicnetworking.

Federal Advocacy: Synergies with State LGBT Advocacy

Executive

Legislative The Equality Act

Every Child Deserves A Family Act

LGBT Inclusion Act

First Amendment Defense Act

Therapeutic Fraud Protection Act

Regulatory and Administrative• Religious refusal

ACA anti-discrimination provisions

DOJ opinions and guidance• Trans civil rights protections

Federal budget & safety net programs

Contacts

Leo Rennielrennie@apa.org

Ron Schlittlerrschlittler@apa.org

Shannon Woodswood@apa.org

LGBTQ-RELATED

LEGISLATION IN

THE STATES

TRENDS IN POLICY AND

TIPS FOR ADVOCACY

Cathryn Oakley, State Legislative Director and Senior Counsel

THE LANDSCAPE:

2015-2017

• LGBTQ people are not explicitly included in the Civil Rights Act• Do have some non-discrimination protections at the state level

• Concerted attempt to roll these protections back, freeze status quo where our opponents are able

EXISTING STATEWIDE NON-DISCRIMINATION

PROTECTIONS

Employment

THE LANDSCAPE

2015-2017

• Unprecedented onslaught of anti-LGBTQ bills starting in 2015– Sustained emphasis on licenses to discriminate– Increasing interest in bills singling out the transgender community– Increased interest in bills targeting youth (child welfare services, schools, health

care)• Approximately 500 anti-LGBTQ bills introduced total over the last

three years– Around 32 passed into law– “Kill” rates of more than 90%

ANTI-LGBTQ LEGISLATION

2015-2017

0

50

100

150

200

250

2015 2016 2017

177

250

129

155

1218

50 45

0 2 2

Anti-LGBTQ bills introduced Anti-LGBTQ bills passed

Anti-transgender bills introduced Anti-transgender bills passed

8% pass rate

10% of bills are

anti-trans

2% pass rate

20% of bills are

anti-trans

9% pass rate

35% of bills are

anti-trans

2018Total Intro: ~110+

Anti-trans intro: 26+Passed: 0

TAKING THE GOOD WITH THE BAD

2015-2017

0

100

200

300

400

500

600

2015 2016 2017

451

506

159

8048

25

177

250

129

15 8 12

Pro-Equality Bills Introduced Pro-Equality Bills PassedAnti-LGBTQ Bills Introduced Anti-LGBTQ Bills Passed

Source: 2017 State Equality Index

TAKING THE GOOD WITH THE BAD

332

478 470

371 359

215

451

506

159

50 5070

50 5639

8048

25

69

116132

109 99 85

177

250

129

4 4 11 8 11 8 15 8 120

100

200

300

400

500

600

2009 2010 2011 2012 2013 2014 2015 2016 2017

2009-2017

Good Intro Good Pass Bad Intro Bad Pass

TAKING THE GOOD WITH THE BAD

0

10

20

30

40

50

60

70

80

90

2009 2010 2011 2012 2013 2014 2015 2016 2017

Pass Only 2009-2017

Good Pass Bad Pass

DEEPER DIVE INTO TRENDS

Rush of 125+ anti-LGBTQ bills

In anticipation of the Obergefell ruling

250+ anti-LGBTQ billsIn reaction to the Obergefell ruling

129 billsHigher passage rate

than in previous years (<10%)

Particular focus on children

So far:On track to have

same number of anti-LGBTQ bills as last

yearContinued focus on

children

Approximately 500 anti-LGBTQ bills introduced total over the last three years

Broad religious refusals > Anti-transgender > Narrower religious refusals

TRENDS FROM 2017

WHERE WERE ANTI-LGBTQ BILLS

FILED IN 2017

TRENDS IN BILLS PASSED IN 2017

3

2

2

1

1

3

License to discriminate in child welfare services

School religious carveout

Anti-transgender

HIV criminalization

Anti-marriage equality

Health religious refusal

• Of the 12 anti-LGBTQ bills passed into law, 5 were directly related to children and schools

• “Disregarding the Best Interest of the Children: Licenses to Discriminate in Child Welfare Services”

ANTI-LGBTQ BILLS PASSED IN 2017 RELATED TO

CHILDREN AND SCHOOLS

Alabama: HB 24 allows privately-funded, state-licensed adoption and foster care agencies to reject qualified prospective parents

Florida: HB 303/SB 436 allows discrimination in schools

Kentucky: SB 17 allows student groups at high schools and universities to discriminate against LGBTQ students

South Dakota: SB 149 allows discrimination by adoption and foster care agencies

Texas: HB 3859 allows child welfare organizations to turn away qualified parents seeking to care for a child in need, and to refuse to provide services to children in their care, on the basis of religious belief

SELECT PRO-EQUALITY LAWS PASSED IN 2017

BANS ON CONVERSION THERAPY

Connecticut New Mexico

Nevada Rhode Island

IMPROVED BIAS-CRIMES LAWS

Colorado Illinois

TRENDS (SO FAR)

IN 2018

• Landscape has shifted tremendously in last year – major difference in the way that state legislatures are responding to developments at federal level

• Backlash to federal developments: Masterpiece

• Significant number of anti-LGBTQ and pro-equality bills• So far, have seen an emphasis on bills creating licenses to

discriminate in the provision of child welfare services• Still early in legislative session!!

BILLS IN 2018 SO FAR

14 14

EARLY NUMBERS

• 38 state legislatures in session (several have already adjourned)

• At least 110 anti-LGBTQ bills introduced– Many states of concern, including Georgia,

Iowa, Oklahoma, Tennessee, Kentucky, Kansas– Continued focus on children – LTD in CW– Novel anti-trans health bills

• At least 169 pro-equality bills introduced– Continued momentum behind conversion

therapy (Washington, Hawaii, Delaware, New Hampshire, Maine)

– Non-discrimination – New Hampshire, Ohio

TYPES OF LICENSES TO DISCRIMINATE

ON THE BASIS OF RELIGIOUS BELIEF

RFRA“Religious Freedom

Restoration Act”• A balancing test• Applies to any

individual or organization whose exercise of religion is “substantially burdened” by a law

• To survive, the law must be driven by a “compelling government interest” and must be the “least restrictive means’ of achieving that interest

FADA“First Amendment

Defense Act”

• A blanket exemption, no balancing test

• Prevents any recourse if any taxpayer-funded program engages in discriminatory behavior, so long as that behavior is motivated by religious belief• Subsets:

• LTD in Child Welfare• Anti-all

comers/limited public forum bills

• School counselors

Wedding CarveoutsIncluding Masterpiece

• May allow to refuse to participate in wedding-related services when the wedding is contrary to the person’s religious belief.

• May carve out new religious exemptions from existing law so that a business offering wedding services can turn same-sex couples away.

• Can extend beyond wedding services

6

12

1

7 28

TYPES OF ANTI-TRANS BILLS:

Prevent transgender people from using public facilities that accord with their gender identity

Prevent or effectively prevent transgender people from accessing medically-necessary health care or other services

Make gender and name changes on identification documents more onerous

Harm transgender youth by prohibiting the recognition of their gender identity in school sports and activities

Allow individuals and businesses to discriminate against LGBTQ people based on their religious or moral objections

• Likely more sector-specific (child welfare services, education)• Masterpiece reaction - service refusals in places of public accommodation, particularly as

the question of wedding-related services is in the news with the Masterpiece case at the U.S. Supreme Court

• Bills aiming to create new licenses to discriminate may be combined with or supplemented by municipal preemption bills, such as North Carolina’s HB2/HB142

20

5

1

~30

HOW YOU CAN

ADVOCATE

• The messenger matters!• Debunk the bad “science” and harmful messaging from opponents.• Many layers of advocacy – it isn’t all marches and TV interviews.• Be aware of consequences of legislation for your clients.• Understand the chipping away/carving out strategy – frog in the pot

analogy.• Particular emphasis on children & care for trans kids means

increased need for this community.

YOUR ADVOCACY MATTERS

• Especially when we’re talking about bills that relate to health care and the welfare of children, there is a particular need for experts to weigh in.

• There is a lot of misinformation out there!• True for both good bills and bad bills.

MANY WAYS TO ADVOCATE

• Sign-on letters– You personally– Your practice– Your networks &

professional associations• Social media – help ensure

that other professionals are aware of what is happening

• Testimony & lobbying• Make sure you stay

informed. For many in our community, the personal is inherently political (our lives and bodies are being regulated). – Be aware of ramifications of

these laws for your patients.– Provide or request more

training!– Connect with HRC for more

information.

NOW IS THE TIME FOR YOU TO ADVOCATE

• All of the anti-LGBTQ legislation we fight against has both substantive and symbolic power.

• Systematic attempt to roll back protections, or ensure we never get them.

• Can’t afford to lose momentum now.

QUESTIONS OR

COMMENTS?

Cathryn.Oakley@hrc.org

Thank you!

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