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AFER paid law firms more than $6.4 million in Prop 8 case

Victory brought ‘return of marriage equality in California’

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American Foundation for Equal Rights, AFER, Adam Umhoefer, marriage equality, same-sex marriage, gay marriage, gay news, Washington Blade
Proposition 8, Supreme Court, gay marriage, same-sex marriage, marriage equality, gay news, Washington Blade

The plaintiffs in the Proposition 8 case at the Supreme Court emerge victorious with lawyer David Boies, Human Rights Campaign President Chad Griffin and American Foundation for Equal Rights Executive Director Adam Umhoefer. (Washington Blade file photo by Michael Key)

The American Foundation for Equal Rights between 2009 and 2013 paid more than $6.4 million to two law firms that successfully argued against California’s Proposition 8.

Tax filings indicate former U.S. Solicitor General Ted Olson’s law firm – Gibson, Dunn & Crutcher LLP – received $1,691,714 from AFER for “legal and ancillary legal expenses” between April 23, 2009, and March 31, 2010. The organization paid the law firm $958,655 between April 1, 2010, and March 31, 2011, and another $2,758,352 between April 1, 2011, through March 31, 2012.

Gibson, Dunn & Crutcher LLP received $537,939 from AFER between April 1, 2012, and March 31, 2013. The organization also paid David Boies’ law firm – Boies, Schiller & Flexner LLP – $468,089 for “legal and ancillary legal expenses” between April 1, 2010, through March 31, 2011.

These expenses include payments to expert witnesses who testified against Prop 8, travel and living expenses for lawyers who lived in San Francisco for a month during a three-week trial over which now retired U.S. District Chief Judge Vaughn Walker presided in 2010. Additional costs include the use of LexisNexis and other online research databases and photo copying documents.

Prop 8 supporters raised nearly $40 million in support of the same-sex marriage ban that California voters approved in 2008.

Walker in August 2010 struck down the gay nuptials prohibition.

A three-judge panel on the 9th U.S. Circuit Court of Appeals in San Francisco in February 2012 upheld the ruling. The U.S. Supreme Court last June struck down Prop 8.

AFER’s 2013 tax filings were not available.

“AFER’s case resulted in the return of marriage equality in California for a fraction of the cost of a ballot measure,” AFER Executive Director Adam Umhoefer told the Washington Blade on Tuesday.

Tax filings also indicate AFER raised $14,900,467 between April 23, 2009, and March 31, 2013, that Umhoefer told the Blade includes a “large amount” of contributions from Republican donors. He added his organization estimates the Prop 8 case also generated millions of dollars in earned media coverage for which it did not have to pay.

“Our donors feel very strongly about return on investment,” said Umhoefer.

Gibson, Dunn & Crutcher LLP and Boies, Schiller & Flexner LLP did not return the Blade’s request for comment.

AFER, alongside Olson and Boies, is representing two same-sex couples – Tim Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Chesterfield – who are challenging Virginia’s constitutional amendment that defines marriage as between a man and a woman.

U.S. District Judge Arenda L. Wright Allen last month struck down the commonwealth’s gay nuptials ban that Attorney General Mark Herring in January announced he would not defend. The 4th U.S. Circuit Court of Appeals in Richmond, Va., in May is scheduled to hold oral arguments in the AFER case and a second lawsuit Lambda Legal and the American Civil Liberties Union filed last summer on behalf of Christy Berghoff and Victoria Kidd of Winchester and Joanne Harris and Jessica Duff of Staunton that has been certified as a class action.

American Foundation for Equal Rights, AFER, Adam Umhoefer, marriage equality, same-sex marriage, gay marriage, gay news, Washington Blade

AFER Executive Director Adam Umhoefer (Washington Blade photo by Michael Key)

Lambda Legal and the ACLU continue to work the case pro bono.

AFER and co-counsel in the Bostic case initially questioned why the two groups petitioned the court to join their lawsuit.

Umhoefer told the Blade his organization’s costs in the Bostic case will be “significantly lower” than the amount of money it spent to challenge Prop 8 because the lawsuit against Virginia’s same-sex marriage ban has worked its way through the courts much faster. He said he expects the 4th U.S. Circuit Court of Appeals will issue its ruling sometime this summer – roughly a year after Bostic and London filed their lawsuit.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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Federal Government

Republican state AGs challenge Biden administration’s revised Title IX policies

New rules protect LGBTQ students from discrimination

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U.S. Secretary of Education Miguel Cardona (Screen capture: AP/YouTube)

Four Republicans state attorneys general have sued the Biden-Harris administration over the U.S. Department of Education’s new Title IX policies that were finalized April 19 and carry anti-discrimination protections for LGBTQ students in public schools.

The lawsuit filed on Tuesday, which is led by the attorneys general of Kentucky and Tennessee, follows a pair of legal challenges from nine Republican states on Monday — all contesting the administration’s interpretation that sex-based discrimination under the statute also covers that which is based on the victim’s sexual orientation or gender identity.

The administration also rolled back Trump-era rules governing how schools must respond to allegations of sexual harassment and sexual assault, which were widely perceived as biased in favor of the interests of those who are accused.

“The U.S. Department of Education has no authority to let boys into girls’ locker rooms,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “In the decades since its adoption, Title IX has been universally understood to protect the privacy and safety of women in private spaces like locker rooms and bathrooms.”

“Florida is suing the Biden administration over its unlawful Title IX changes,” Florida Gov. Ron DeSantis wrote on social media. “Biden is abusing his constitutional authority to push an ideological agenda that harms women and girls and conflicts with the truth.”

After announcing the finalization of the department’s new rules, Education Secretary Miguel Cardona told reporters, “These regulations make it crystal clear that everyone can access schools that are safe, welcoming and that respect their rights.”

The new rule does not provide guidance on whether schools must allow transgender students to play on sports teams corresponding with their gender identity to comply with Title IX, a question that is addressed in a separate rule proposed by the agency in April.

LGBTQ and civil rights advocacy groups praised the changes. Lambda Legal issued a statement arguing the new rule “protects LGBTQ+ students from discrimination and other abuse,” adding that it “appropriately underscores that Title IX’s civil rights protections clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.”

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