Kevin Jennings is not a lawyer so why was he tapped to lead Lambda Legal, one of the LGBTQ community’s most important national organizations?
“Well that was sort of what I said when Lambda called me,” Jennings told the Los Angles Blade by phone before officially starting on Dec. 2. “They said, ‘We’re not looking for a lawyer. We have lots of brilliant lawyers. We’re looking for an experienced organizational leader,’ — and that I am. I’ve been a leader of the LGBT movement for over 30 years and this is really a critical time for a movement, particularly for Lambda. The right wing has a very clear strategy to use the court and all of [President]Trump’s horrific judicial appointments to roll back everything we’ve won over the last 40 years. Lambda is going to be a key player in stopping that.”
Jennings is “very excited” to be taking the helm at this pivotal juncture.
“Everything I’ve been working for my entire adult life since I marched in my first Pride in 1986 is at risk now. We’re in real danger of losing things that we thought just a few years ago were safe. I’m very excited to be part of the resistance and making sure that doesn’t happen,” says Jennings, best known as the founder of GLSEN and assistant deputy secretary for the Office of Safe and Drug-Free Schools at the U.S. Department of Education during the Obama administration.
Jennings boldly underscores the lights up and pounds home the point.
“The right wing is coming for us through the courts,” he says. “This is their whole strategy. They’ve been planning this. People think a lot of things about the right wing — they are not stupid. Never underestimate them. They know exactly what they are doing. They are coming for us through the courts, and we know that, and we are waiting and we are ready.”
Jennings intends to emphasize the education aspect of Lambda’s incorporated name — Lambda Legal Defense and Education Fund.
“The courts are going to be the central battleground,” Jennings says. “Much of what we’ve won could be taken away through the courts. It doesn’t matter if you’re a lawyer right now. The courts are where it’s at and everybody needs to be paying attention to what’s happening in the courts.”
Jennings points to Jay Sekulow, head of the American Center for Law and Justice (ACLJ), as “the mastermind of the right wing litigation strategies” and ALEC (the American Legislative Exchange Council) as producer of their model legislation.
“They have very carefully invested over 50 years to build a whole infrastructure of organizations,” Jennings says. “They have the Federalist Society, where they have built a very sophisticated infrastructure that identifies young people in law school and begins training them and grooming them and preparing them for court appointments. They’re brilliant at what they do. I will give them credit. They play a long game. We’ve got to be just as smart on our side because they make strategic investments that they expect to pay off in 10, 20, 30, 40 years, and we’ve got to be just as strategic on our side.
“What they’re doing right now is they are reaping the investments with people like [Supreme Court Justice] Brett Kavanaugh, investments they made decades ago. We’ve got to be doing the same thing. We’ve got to be investing in long term change in the same way they are,” says Jennings.
As a national leader and forever a teacher at heart, Jennings knows how to listen to the community’s needs and frustrations, including about the past several years at Lambda.
“I plan to build a plan for the organization that responds to those concerns and frustrations,” he says. “I know that there is a real need to address people’s frustrations that are out there and I come in aware of that and prepared to listen to those and to address them.”
The larger context for Jennings’ plan is Lambda’s 46-year history and its “very well documented track record of success” plus Jennings’ own superlative track record as a leader in the LGBTQ community for over three decades. Additionally, Jennings’ own story adds that degree of authenticity that he personally grasps LGBTQ issues that are too often overlooked or overshadowed.
“I grew up in a trailer park on an unpaved dirt road in an unincorporated town in rural North Carolina in a single parent family,” Jennings says. “My mother worked in fast food restaurants and cleaned people’s houses. That’s how she supported us. My entire childhood was below the poverty line. I was the first person in my family to graduate from college. I understand the needs of our community members who are struggling with poverty and other factors in a firsthand visceral way because I’ve lived there.”
Jennings intends to put his decades of experience to public use.
“We’ve got to help people understand the issues and explain them and teach people, and I think that that is where I, because of my background as an educator, can contribute a great deal to Lambda. We have to not just educate judges, we have to educate the public. We have to work in both the court of law and the court of public opinion.”
Jennings is intent on developing coalitions to strengthen the LGBTQ hand.
“Probably because I was a teacher, I believe strongly in the concept of playing well with others, and the leaders in this movement know me as someone who believes in the power of collaboration,” Jennings says. “Lambda already has a strong record of collaborating with other organizations and I plan to build off that reputation, as well as my own track record of collaborating with other organizations to strengthen those relationships because I believe that our movement is at its best when we’re all working together. We each have unique roles to play and when we’re collaborating and leveraging each others’ strengths, it makes the whole community stronger.”
He acknowledges that Lambda Legal has not always lived up to that reputation, such as at times during the up and down struggle over marriage equality.
“Prop 8 was a dark chapter in many ways in our community,” he says. But he emphasizes Lambda’s long participation in the Legal Round Table, which brings together all of the various groups that do litigation.
“I think that structures like that — bringing people together so that there is dialogue and people are trying to collaborate — are really important and I’m really committed to keeping those structures going and building even more of them.”
Out of that dialogue will come new strategies to deal with the shifting legal landscape of the Trump administration packing the courts with young lifetime appointees.
“Trump’s nominees fill one quarter of the seats on the nation’s Circuit Court of Appeals. He has seen more Circuit Court judges confirmed, more by this point in his presidency than any other past president in U.S. history,” says Jennings. “They have packed the courts systematically and carefully under Trump and they still have at least 14 months to go. The landscape has shifted dramatically against us, and we need to recognize that means that we are going to have to focus on developing a very robust distinct strategy.”
Given Trump’s legal legacy, victory for the LGBTQ community may look very differently for many years to come.
“Victory, on one level, is going to consist of stopping horrific things from happening,” says Jennings. “We’re going to have to be very selective and very strategic in how we use litigation to try to advance a proactive agenda.
“We’re going to have to be strategic in two ways,” Jennings continues. “Our selection of which circuits we bring cases in, and what arguments we make because in some circuits, we are going to be DOA [dead on arrival] because they have appointed such extremist judges. And we are going to be facing judges who subscribe to very different philosophies than the ones we have been used to encountering. We are going to have to make new kinds of targeting.”
Jennings says he’s “completely confident” in Lambda’s brilliant attorneys. “But we’re going to have to be very strategic when we are trying to advance good things,” he says. “We’re going to have to have a surgical approach to advance any positive things. It was never easy, but it has gotten exponentially harder, thanks to Trump.”
Jennings cites his experience at GLSEN as an example of strategically reframing the argument.
“25 years ago when we were trying to get Gay/Straight Alliances [GSAs] instituted in schools around the country, the principals were telling kids they couldn’t start them,” says Jennings. “David Buckel, who was a Lambda attorney, found a piece of legislation called the Equal Access Act. This said that if you allow students to form clubs, you had to allow them to form any club they wanted to form. Now it was written intended to protect the rights of students to form clubs like bible clubs and the Fellowship of Christian Athletes. That was its intent. But David said we can use this to say you have to allow kids to form Gay/Straight Alliances. He was able to convince the courts to interpret it that way so that it protected the rights of kids to form GSAs.”
Jennings calls such creative thinking “judicial jujitsu.” No longer can LGBTQ and ally attorneys expect the courts to agree with old arguments.
“It’s an unfortunate thing that the right wing has politicized our judiciary so extremely, but since they’ve done it,” says Jennings, “we are not going to stand by and be idle. We are going to fight fire with fire.”