National
NOM president’s 80-hour workweek?
IRS forms raise questions, reveal Brown’s $253,000 salary
NOM President Brian Brown (Washington Blade file photo by Michael Key)
In its recently released IRS 990 reports for 2011, the National Organization for Marriage says its president Brian Brown received a salary and benefits package totaling $253,917 and works an average of 80 hours a week as the head of NOM and its affiliated charitable arm, the NOM Education Fund.
D.C. attorney Marcus Owens, a nationally recognized expert on 990 reporting requirements who formerly headed the IRS division overseeing tax-exempt organizations, told the Blade that claims of an 80-hour work week could raise a red flag for the IRS and possibly prompt the tax agency to conduct an audit of NOM.
“Nobody works 80 hours a week on something like this,” Owens said.
But NOM communications director Thomas Peters said in a statement released to the Blade that Brown often puts in more than 80 hours in a week.
“Since no CEO punches a time clock, the intent of the completed forms is to show that Mr. Brown works tirelessly for both NOM’s c4 (through which he is paid) and the c3,” he said.
“In fact there are many weeks he works in excess of 80 hours for NOM while others are certainly less than 80 hours,” Peters said. “Only during the rare vacation does he work less than 40 hours in a week.”
Since its founding in 2008, NOM has emerged as the leading organization opposing legalization of marriage for same-sex couples. It has raised millions of dollars for state ballot measures seeking to ban same-sex marriage.
Peters was referring to the IRS tax code that classifies tax-exempt charitable organizations as a 501 (c)(3) organization, which allows contributors to write off their donations as a tax deduction; and a tax-exempt political organization, like NOM, Inc., which is listed as a 501 (c)(4) group, whose contributors cannot write off their donations.
Owens said groups like NOM that have overlapping staffs for their c3 and c4 entities and where the two entities share the same office are required to keep careful records that separate their expenses and income and ensure that the c3 group doesn’t subsidize the c4 group.
Since the c3 group receives donations that are tax deductible it usually has an easier task of raising money than the c4 group, Owens said. He said the c4 group is allowed to subsidize the c3 group but not vice versa.
“What I advise organizations when they have that sort of dual structure is to make it clear on the 990 that they do track expenses for each organization because otherwise you’re setting yourself up for speculation and a possible IRS audit just to see what’s going on,” he said. “There should be a cost sharing arrangement between the two organizations and employees ought to be keeping time sheets to show which hat they’re wearing when they do something.”
The 990 forms filed by NOM for 2011 show both of its entities are located in the same suite of offices on K Street, N.W.
Owens confirmed that NOM spokesperson Peters was correct when he told the Blade in an earlier statement that gay rights advocate and NOM critic Fred Karger issued a press release on Jan. 30 that incorrectly claimed that Brown’s salary and benefits exceeded $500,000. Owens noted that Karger apparently misread NOM’s 2011 990 form for its c3 NOM Education Fund.
All 990 forms have two columns for reporting salary and compensation – one for the organization for which the 990 applies and another column for income and compensation from “related organizations.” NOM’s 990 report for the c3 Education Fund group includes an entry of $230,000 in compensation and $23,917 in “other” compensation, such as benefits, in the column designated for “related organizations,” which, in this case, means salary and benefits from NOM, Inc., the c4 entity.
“It can get pretty hard to understand,” said Owens, who noted that understanding the 990 forms is difficult for the untrained eye.
“Fred Karger has made another embarrassing mistake, which is typical of someone whose stock and trade is the reckless charge,” Peters said in the earlier statement.
Karger, who filed an ethics complaint against NOM before the Maine election regulatory agency in 2009 that led to a finding of a campaign reporting violation, said it was NOM that has been reckless in “concealing” its finances.
“They stonewall as much as they can until they’re forced to release information,” he said.
Peters said NOM believes its 990 reports for 2011 are in proper order.
“If the IRS has any questions about this, we will be happy to discuss it with them,” he said. “If they inquire we will certainly take the opportunity to ask them about the status of the criminal investigation into NOM’s stolen income tax return, which appears to have come from the IRS and given to our opponents.”
He was referring to a NOM IRS filing that was leaked to the Human Rights Campaign, the national LGBT advocacy group that released the leaked information that caused embarrassment for NOM.
Federal Government
RFK Jr.’s HHS report pushes therapy, not medical interventions, for trans youth
‘Discredited junk science’ — GLAAD
A 409-page report released Thursday by the U.S. Department of Health and Human Services challenges the ethics of medical interventions for youth experiencing gender dysphoria, the treatments that are often collectively called gender-affirming care, instead advocating for psychotherapy alone.
The document comes in response to President Donald Trump’s executive order barring the federal government from supporting gender transitions for anyone younger than 19.
“Our duty is to protect our nation’s children — not expose them to unproven and irreversible medical interventions,” National Institutes of Health Director Dr. Jay Bhattacharya said in a statement. “We must follow the gold standard of science, not activist agendas.”
While the report does not constitute clinical guidance, its findings nevertheless conflict with not just the recommendations of LGBTQ advocacy groups but also those issued by organizations with relevant expertise in science and medicine.
The American Medical Association, for instance, notes that “empirical evidence has demonstrated that trans and non-binary gender identities are normal variations of human identity and expression.”
Gender-affirming care for transgender youth under standards widely used in the U.S. includes supportive talk therapy along with — in some but not all cases — puberty blockers or hormone treatment.
“The suggestion that someone’s authentic self and who they are can be ‘changed’ is discredited junk science,” GLAAD President and CEO Sarah Kate Ellis said in a statement. “This so-called guidance is grossly misleading and in direct contrast to the recommendation of every leading health authority in the world. This report amounts to nothing more than forcing the same discredited idea of conversion therapy that ripped families apart and harmed gay, lesbian, and bisexual young people for decades.”
GLAAD further notes that the “government has not released the names of those involved in consulting or authoring this report.”
Janelle Perez, executive director of LPAC, said, “For decades, every major medical association–including the American Medical Association and the American Academy of Pediatrics–have affirmed that medical care is the only safe and effective treatment for transgender youth experiencing gender dysphoria.
“This report is simply promoting conversion therapy by a different name – and the American people know better. We know that conversion therapy isn’t actually therapy – it isolates and harms kids, scapegoats parents, and divides families through blame and rejection. These tactics have been used against gay kids for decades, and now the same people want to use them against transgender youth and their families.
“The end result here will be a devastating denial of essential health care for transgender youth, replaced by a dangerous practice that every major U.S. medical and mental health association agree promotes anxiety, depression, and increased risk of suicidal thoughts and attempts.
“Like being gay or lesbian, being transgender is not a choice, and no amount of pressure can force someone to change who they are. We also know that 98% of people who receive transition-related health care continue to receive that health care throughout their lifetime. Trans health care is health care.”
“Today’s report seeks to erase decades of research and learning, replacing it with propaganda. The claims in today’s report would rip health care away from kids and take decision-making out of the hands of parents,” said Shannon Minter, legal director of NCLR. “It promotes the same kind of conversion therapy long used to shame LGBTQ+ people into hating themselves for being unable to change something they can’t change.”
“Like being gay or lesbian, being transgender is not a choice—it’s rooted in biology and genetics,” Minter said. “No amount or talk or pressure will change that.”
Human Rights Campaign Chief of Staff Jay Brown released a statement: “Trans people are who we are. We’re born this way. And we deserve to live our best lives and have a fair shot and equal opportunity at living a good life.
“This report misrepresents the science that has led all mainstream American medical and mental health professionals to declare healthcare for transgender youth to be best practice and instead follows a script predetermined not by experts but by Sec. Kennedy and anti-equality politicians.”
The White House
Trump nominates Mike Waltz to become next UN ambassador
Former Fla. congressman had been national security advisor
President Donald Trump on Thursday announced he will nominate Mike Waltz to become the next U.S. ambassador to the U.N.
Waltz, a former Florida congressman, had been the national security advisor.
Trump announced the nomination amid reports that Waltz and his deputy, Alex Wong, were going to leave the administration after Waltz in March added a journalist to a Signal chat in which he, Defense Secretary Pete Hegseth, and other officials discussed plans to attack Houthi rebels in Yemen.
“I am pleased to announce that I will be nominating Mike Waltz to be the next United States ambassador to the United Nations,” said Trump in a Truth Social post that announced Waltz’s nomination. “From his time in uniform on the battlefield, in Congress and, as my National Security Advisor, Mike Waltz has worked hard to put our nation’s Interests first. I know he will do the same in his new role.”
Trump said Secretary of State Marco Rubio will serve as interim national security advisor, “while continuing his strong leadership at the State Department.”
“Together, we will continue to fight tirelessly to make America, and the world, safe again,” said Trump.
Trump shortly after his election nominated U.S. Rep. Elise Stefanik (R-N.Y.) to become the next U.S. ambassador to the U.N. Trump in March withdrew her nomination in order to ensure Republicans maintained their narrow majority in the U.S. House of Representatives.
U.S. Federal Courts
Second federal lawsuit filed against White House passport policy
Two of seven plaintiffs live in Md.
Lambda Legal on April 25 filed a federal lawsuit on behalf of seven transgender and nonbinary people who are challenging the Trump-Vance administration’s passport policy.
The lawsuit, which Lambda Legal filed in U.S. District Court for the District of Maryland in Baltimore, alleges the policy that bans the State Department from issuing passports with “X” gender markers “has caused and is causing grave and immediate harm to transgender people like plaintiffs, in violation of their constitutional rights to equal protection.”
Two of the seven plaintiffs — Jill Tran and Peter Poe — live in Maryland. The State Department, Secretary of State Marco Rubio, and the federal government are defendants.
“The discriminatory passport policy exposes transgender U.S. citizens to harassment, abuse, and discrimination, in some cases endangering them abroad or preventing them from traveling, by forcing them to use identification documents that share private information against their wishes,” said Lambda Legal in a press release.
Zander Schlacter, a New York-based textile artist and designer, is the lead plaintiff.
The lawsuit notes he legally changed his name and gender in New York.
Schlacter less than a week before President Donald Trump’s inauguration “sent an expedited application to update his legal name on his passport, using form DS-5504.”
Trump once he took office signed an executive order that banned the State Department from issuing passports with “X” gender markers. The lawsuit notes Schlacter received his new passport in February.
“The passport has his correct legal name, but now has an incorrect sex marker of ‘F’ or ‘female,'” notes the lawsuit. “Mr. Schlacter also received a letter from the State Department notifying him that ‘the date of birth, place of birth, name, or sex was corrected on your passport application,’ with ‘sex’ circled in red. The stated reason was ‘to correct your information to show your biological sex at birth.'”
“I, like many transgender people, experience fear of harassment or violence when moving through public spaces, especially where a photo ID is required,” said Schlacter in the press release that announced the lawsuit. “My safety is further at risk because of my inaccurate passport. I am unwilling to subject myself and my family to the threat of harassment and discrimination at the hands of border officials or anyone who views my passport.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
Lambda Legal represented Zzyym.
The State Department policy took effect on April 11, 2022.
Trump signed his executive order shortly after he took office in January. Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
A federal judge in Boston earlier this month issued a preliminary injunction against the executive order. The American Civil Liberties Union filed the lawsuit on behalf of seven trans and nonbinary people.
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