Lambda Legal Defense And Education Fund Inc

THE LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. ("LAMBDA LEGAL") IS A NATIONAL ORGANIZATION COMMITTED TO ACHIEVING FULL RECOGNITION OF THE CIVIL RIGHTS OF LESBIANS, GAY MEN, BISEXUALS, TRANSGENDER PEOPLE AND ANYONE WITH HIV THROUGH IMPACT LITIGATION, EDUCATION AND PUBLIC POLICY WORK.

FOR NEARLY FIFTY YEARS, LAMBDA LEGAL HAS BEEN THE NATION'S LARGEST LEGAL ADVOCACY ORGANIZATION WORKING TO ADVANCE AND PROTECT THE CIVIL RIGHTS OF LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ+) PEOPLE AND EVERYONE LIVING WITH HIV THROUGH LITIGATION, POLICY ADVOCACY AND PUBLIC EDUCATION EFFORTS AT THE FEDERAL, STATE AND LOCAL LEVELS. IN 2021, OUR PROGRAMMATIC EFFORTS ALIGNED WITH OUR TWO TOP PROGRAMMATIC PRIORITIES, AS IDENTIFIED IN OUR 5 YEAR STRATEGIC PLAN: (1) WINNING NEW PROTECTIONS FOR THE MOST VULNERABLE IN OUR COMMUNITY TO SECURE FULL LEGAL AND LIVED EQUALITY, AND (2) DEFENDING OUR COMMUNITY FROM ATTACKS DESIGNED TO ROLL BACK OUR RIGHTS.IN DEFINING THOSE WHO ARE MOST VULNERABLE AND IN GREATEST NEED OF ADDITIONAL LEGAL PROTECTIONS, WE HAVE IDENTIFIED THE FOLLOWING GROUPS AS AREAS OF INTENTION AND FOCUS IN OUR STRATEGIC PLAN: IMMIGRANTS SEEKING ASYLUM AND IN DETENTION; LGBTQ+ PEOPLE FACING SYSTEMIC DISCRIMINATION IN EMPLOYMENT, HOUSING, PUBLIC ACCOMMODATIONS, SOCIAL SERVICES, AND CREDIT; PEOPLE FACING BIAS IN OUR CRIMINAL LEGAL SYSTEM AND FROM POLICE, PARTICULARLY LGBTQ+ PEOPLE OF COLOR AND PEOPLE ENGAGING IN SEX WORK; PEOPLE LIVING WITH HIV FACING CRIMINALIZATION AND DISCRIMINATION; SENIORS; TRANSGENDER, GENDER NON-CONFORMING AND NONBINARY PEOPLE NEEDING HEALTH CARE, IDENTITY DOCUMENTS, AND OTHER FORMS OF CARE AND RECOGNITION; AND YOUTH IN SCHOOLS AND IN OTHER GOVERNMENT SYSTEMS SUCH AS FOSTER CARE. AS FOR DEFENDING HARD-WON RIGHTS, WE ARE FOCUSED ON DEFENDING MARRIAGE EQUALITY, PROTECTING NONDISCRIMINATION PROTECTIONS FROM DILUTION, AND FENDING OFF ATTACKS ON TRANSGENDER AND NONBINARY PEOPLE. WE HAVE ACHIEVED MAJOR VICTORIES IN EACH OF THESE AREAS, SOME OF WHICH WE HIGHLIGHT BELOW. WITH THE CHANGE IN ADMINISTRATION IN JANUARY 2021, WE WERE ABLE TO RESOLVE A NUMBER OF HIGH PROFILE AND LONG-RUNNING CASES ON BEHALF OF OUR COMMUNITY, INCLUDING OUR CHALLENGE TO THE BAN ON MILITARY SERVICE BY TRANSGENDER PEOPLE AND OUR CHALLENGE TO AN EXECUTIVE ORDER PROHIBITING FEDERAL CONTRACTORS AND GRANTEES FROM ADDRESSING SYSTEMIC RACISM AND SEX DISCRIMINATION IN THE COURSE OF THEIR WORK, WHICH OFTEN INVOLVES EDUCATION AND OUTREACH EFFORTS TO COMMUNITIES WHO ARE LIVING WITH THE NEGATIVE CONSEQUENCES OF SUCH DISCRIMINATION. WE WERE ALSO ABLE TO SUCCESSFULLY RESOLVE OUR CASE AGAINST THE SOCIAL SECURITY ADMINISTRATION FOR DENYING SURVIVORS BENEFITS TO SAME-SEX SPOUSES AND PARTNERS WHO WERE NOT ABLE TO SATISFY THAT AGENCY'S 9-MONTH MARRIAGE ELIGIBILITY REQUIREMENT DUE TO BARRIERS TO MARRIAGE EQUALITY THAT WERE ONLY ELIMINATED BY THE OBERGEFELL V. HODGES DECISION, WHICH LAMBDA LEGAL WON IN 2015. THIS VICTORY, PART OF OUR ONGOING DEFENSE OF MARRIAGE EQUALITY, RESULTED IN HUNDREDS OF THOUSANDS OF DOLLARS IN LONG OVERDUE BENEFITS BEING PAID TO LGBTQ+ SENIORS, PROVIDING THEM WITH THE GREATER ECONOMIC SECURITY THAT THESE BENEFITS WERE INTENDED TO PROVIDE. SEVERAL OTHER CASES FILED DURING THE TRUMP ADMINISTRATION TO BLOCK DANGEROUS AND ILLEGAL RULE CHANGES CONTINUED THROUGH 2021, INCLUDING OUR CHALLENGE TO THE ROLLBACK OF REGULATIONS IMPLEMENTING THE NONDISCRIMINATION PROTECTIONS OF THE AFFORDABLE CARE ACT AND OUR CHALLENGE TO AN ELEVENTH-HOUR TRUMP ADMINISTRATION RULE ROLLING BACK NONDISCRIMINATION PROTECTIONS IN HEALTH AND WELFARE PROGRAMS FUNDED WITH TAXPAYER DOLLARS, INCLUDING MANY PROGRAMS SUPPORTING SENIORS AND YOUTH. FOLLOWING THE SUPREME COURT'S DECISION IN FULTON V. CITY OF PHILADELPHIA, IN WHICH WE FILED AN AMICUS BRIEF, WE HAVE CONTINUED TO LITIGATE MULTIPLE CASES INVOLVING DISCRIMINATION AGAINST SAME-SEX COUPLES WHO ARE DENIED THE OPPORTUNITY TO APPLY TO BE FOSTER OR ADOPTIVE PARENTS BY RELIGIOUS ENTITIES WHO HAVE CONTRACTED WITH THE STATE TO PROVIDE CHILD WELFARE PLACEMENT AND RELATED SERVICES WITH TAXPAYER DOLLARS.THE ONSLAUGHT OF STATE LEGISLATIVE ATTACKS AGAINST TRANSGENDER YOUTH REQUIRED SIGNIFICANT ATTENTION THROUGHOUT 2021. WE FILED TWO FEDERAL LAWSUITS, ONE IN WEST VIRGINIA AND ANOTHER IN TENNESSEE, ON BEHALF OF TRANSGENDER YOUTH BLOCKED FROM PARTICIPATION IN SCHOOL ATHLETIC PROGRAMS. WORKING WITH SIBLING ORGANIZATIONS AND PRO BONO COUNSEL, WE SECURED A PRELIMINARY INJUNCTION IN WEST VIRGINIA, WHICH ALLOWED OUR CLIENT TO PARTICIPATE ON HER SCHOOL'S FALL CROSS COUNTRY TEAM. WE ALSO EXPENDED CONSIDERABLE RESOURCES FIGHTING LEGISLATIVE EFFORTS TO BLOCK ACCESS TO GENDER-AFFIRMING HEALTHCARE FOR TRANSGENDER YOUTH IN PLACES LIKE ALABAMA AND TEXAS, AND PREPARING TO LITIGATE IF NEEDED. WE ALSO WORKED BOTH PUBLICLY AND BEHIND THE SCENES IN MANY OTHER STATES ALL OVER THE COUNTRY, FROM THE DEEP SOUTH TO THE MOUNTAIN WEST, TO DEFEAT OR STALL ANTI-LGBTQ LEGISLATION BY SUPPLYING LEGAL ANALYSIS TO LEGISLATORS AND EDUCATION AND ADVOCACY MATERIALS TO HELP ENGAGE THE GENERAL PUBLIC.WE CONTINUED OUR EFFORTS TO ROOT OUT DISCRIMINATORY BARRIERS TO GENDER-AFFIRMING HEALTHCARE, INCLUDING CHALLENGES TO STATE EMPLOYEE HEALTHCARE PROGRAMS IN NORTH CAROLINA AND WEST VIRGINIA, AND SIMILAR PROVISIONS IN STATE MEDICAID PROGRAMS, WHICH ARE THE MAIN SOURCE OF HEALTHCARE FOR LOWER INCOME PEOPLE. OUR MEDICAID CHALLENGE IN ALASKA CAME TO A SUCCESSFUL CONCLUSION WITH THE FINALIZATION OF A NEW REGULATION TO ENSURE COVERAGE FOR THOSE SEEKING GENDER AFFIRMING CARE, AND WE FILED A FRIEND OF THE COURT BRIEF IN SUPPORT OF A SIMILAR MEDICAID CHALLENGE IN ARIZONA, AMONG OTHER ACTIVITIES IN THIS AREA. WE ARE ALSO LITIGATING ON BEHALF OF CLIENTS DENIED MEDICALLY NECESSARY GENDER-AFFIRMING CARE BASED ON THEIR PRIVATE SECTOR EMPLOYERS' RELIGIOUS OBJECTIONS TO PROVIDING THE CARE. WE MADE TREMENDOUS PROGRESS IN OUR ONGOING EFFORT TO ENSURE THAT TRANSGENDER AND NONBINARY PEOPLE CAN OBTAIN GOVERNMENT IDENTITY DOCUMENTS WITH ACCURATE GENDER MARKERS. AFTER YEARS OF ADVOCACY, WE SECURED THE FIRST U.S. PASSPORT WITH AN X GENDER MARKER FOR OUR INTERSEX AND NONBINARY CLIENT, WHICH PAVED THE WAY FOR OTHERS TO BEING APPLYING FOR A PASSPORT WITH AN X MARKER IN 2022. LIKEWISE, THROUGH LITIGATION, WE SECURED A NONBINARY GENDER MARKER OPTION FOR NEW YORK STATE DRIVER'S LICENSES. WE CONTINUED CHALLENGING TENNESSEE'S DISCRIMINATORY BIRTH CERTIFICATE LAW, FILED A NEW LAWSUIT CHALLENGING SIMILARLY DISCRIMINATORY POLICIES IN NORTH CAROLINA, AND SUPPORTED RELATED LITIGATION ACROSS THE COUNTRY BY FILING AMICUS CURIAE (FRIEND OF THE COURT) BRIEFS. OUR WORK ON BEHALF OF YOUTH IN SCHOOLS AND YOUTH IN OUT-OF-HOME CARE CONTINUED TO YIELD POSITIVE RESULTS IN 2021. AFTER YEARS OF INVESTMENT, WE HELPED SECURE NEW NONDISCRIMINATION PROTECTIONS WITHIN THE ARIZONA CHILD WELFARE SYSTEM, AND WE CONTINUE EFFORTS TO IMPROVE PROTECTIONS IN STATES RANGING FROM MARYLAND TO NEW MEXICO. WE CONTINUED WORK WITH FEDERAL PARTNERS WITHIN THE DEPARTMENT OF JUSTICE TO ADDRESS THE OVERREPRESENTATION OF LGBTQ+ YOUTH, PARTICULARLY BLACK AND BROWN YOUTH, IN THE JUVENILE JUSTICE SYSTEM TO ENSURE THAT SYSTEM-INVOLVED YOUTH ARE FREE FROM DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY, AND GENDER EXPRESSION. WE FILED AN AMICUS BRIEF IN THE SUPREME COURT TO ENSURE THAT ANY RULING INTENDED TO PROTECT THE FIRST AMENDMENT RIGHTS OF STUDENTS TO ENGAGE IN OFF-CAMPUS SPEECH DID NOT CALL INTO QUESTION SCHOOL OFFICIALS' OBLIGATION TO ADDRESS HARASSMENT AND DISCRIMINATION, WHICH CAN DENY EQUAL EDUCATIONAL OPPORTUNITY FOR LGBTQ+ (AND OTHER) STUDENTS TARGETED BY SUCH CONDUCT. THE DECISION ULTIMATELY ISSUED BY THE SUPREME COURT IN THE CASE INCORPORATED THE ANALYSIS AND EMPHASIZED THE CONCERNS SET FORTH IN OUR AMICUS BRIEF. ON THE HIV FRONT, OUR MANY YEARS OF ADVOCACY IN ILLINOIS CAME TO FRUITION WITH THE PASSAGE AND SIGNING INTO LAW OF A LONG OVERDUE HIV DECRIMINALIZATION BILL. WE CONTINUE TO ADDRESS HIV CRIMINALIZATION AND BIAS THROUGH DIRECT REPRESENTATION OF CLIENTS FACING SUCH DISCRIMINATION IN PLACES LIKE FLORIDA, AND BY USING OUR FAIR COURTS PROJECT ADVOCACY, INCLUDING COURT OFFICER TRAININGS, LEGAL ADVOCACY AND PUBLIC EDUCATION, TO ADDRESS JUDGE AND JUROR BIAS, AND TO ENHANCE THE EFFECTIVENESS OF EXISTING TOOLS TO ROOT OUT SEXUAL ORIENTATION, GENDER IDENTITY, AND HIV BIAS IN OUR CIVIL AND CRIMINAL LEGAL SYSTEMS. WITH RESPECT TO IMMIGRATION, IN THE BEGINNING OF 2021, WE SECURED A COURT ORDER BLOCKING IMPLEMENTATION OF THE TRUMP ADMINISTRATION'S "DEATH TO ASYLUM" RULE, WHICH WOULD HAVE DRAMATICALLY CURTAILED THE ABILITY OF LGBTQ+ PEOPLE AND PEOPLE LIVING WITH HIV FROM SEEKING ASYLUM AND REFUGE FROM COUNTRIES WHERE THEIR IDENTITY OR HIV STATUS PUT THEIR SAFETY AND HEALTH AT GRAVE RISK. WE ALSO FILED MULTIPLE AMICUS BRIEFS IN FEDERAL COURTS OF APPEALS ACROSS THE COUNTRY IN SUPPORT OF ASYLUM PETITIONS BROUGHT BY LGBTQ+ PEOPLE FLEEING PERSECUTION IN THEIR HOME COUNTRIES. OUR BRIEFS ADDRESS COMMONLY RECURRING ISSUES ABOUT WHAT SHOULD QUALIFY AS "CHANGED CIRCUMSTANCES" SUPPORTING A DISCRETIONARY WAIVER OF THE ONE-YEAR BAR ON APPLYING FOR ASYLUM, HOW ANTI-LGBTQ+ BIAS MANIFESTS IN COUNTRIES ACROSS THE WORLD, AND WHY MISGENDERING AND OTHER EVIDENCE OF BIAS BY OFFICIALS WITHIN

OUR LEGAL WORK IS SUPPORTED BY EXPANSIVE PUBLIC EDUCATION AND COMMUNICATION EFFORTS THAT ALLOW US TO REACH A WIDE RANGE OF AUDIENCES ACROSS MANY CHANNELS THROUGHOUT THE YEAR. FOR EXAMPLE, OUR MEDIA TEAM REGULARLY ENGAGES WITH A BROAD RANGE OF REPORTERS TO KEEP THEM, AND BY EXTENSION THEIR AUDIENCES, INFORMED ON LGBTQ+ RIGHTS ISSUES. MOREOVER, WE MAINTAINED A ROBUST ONLINE PRESENCE THAT PROVIDED COMPREHENSIVE RESOURCES, TIMELY NEWS, ANALYSIS, AND COMMENTARY ACROSS MULTIPLE PLATFORMS, INCLUDING OUR WEBSITE (VISITED BY OVER ONE MILLION VIEWERS IN 2021), AS WELL AS FACEBOOK, TWITTER, INSTAGRAM, YOUTUBE, MEDIUM AND OTHER SOCIAL MEDIA CHANNELS. THROUGH THESE PLATFORMS, LAMBDA LEGAL HAS PUBLISHED HUNDREDS OF PIECES OF CONTENT THAT CAN REACH OVER A MILLION OR MORE PEOPLE EVERY WEEK. THESE COMBINED EFFORTS GENERATE TENS OF THOUSANDS OF NEWS STORIES ANNUALLY, AND ADVANCE OUR GOAL OF INCREASING AWARENESS OF THE CHALLENGES LGBTQ+ PEOPLE FACE AND OUR WORK TO ALLEVIATE THOSE CHALLENGES, AS WELL AS GREATER UNDERSTANDING WITHIN THE LGBTQ+ COMMUNITY OF THEIR LEGAL RIGHTS. WHERE POSSIBLE, WE USE ATTENTION AROUND OUR LITIGATION AND POLICY EFFORTS TO PROMOTE BROADER PUBLIC EDUCATION ON IMPORTANT ISSUES. FOR EXAMPLE, OUR HIV WORK PROMOTES OUR LARGER EFFORT TO DRIVE POLICY INFORMED BY "SCIENCE, NOT STIGMA." WE DO PUBLIC EDUCATION BUILDING ON OUR CASES ON BEHALF OF TRANSGENDER YOUTH AND THEIR FAMILIES TO SUPPORT GREATER UNDERSTANDING AND EMPATHY FOR THIS VULNERABLE POPULATION. OUR LARGE PORTFOLIO OF CASES CHALLENGING EFFORTS TO DILUTE NONDISCRIMINATION PROTECTIONS AGAINST ANTI-LGBTQ+ DISCRIMINATION THROUGH THE USE OF RELIGION AND SPEECH BASED ARGUMENTS CONTRIBUTE TO A LARGER EFFORT TO PROMOTE AWARENESS OF THE ONGOING PROBLEM OF DISCRIMINATION AND THE NEED FOR ROBUST PROTECTIONS AT ALL LEVEL OF GOVERNMENT. FINALLY, AS WE CONTINUED TO NAVIGATE THE PUBLIC HEALTH CONCERNS ASSOCIATED WITH THE COVID-19 PANDEMIC LAMBDA LEGAL'S ATTORNEYS AND OTHER STAFF MAINTAINED OUR PUBLIC PROFILE BY PRESENTING VIRTUALLY ON LGBTQ+ AND HIV-RELATED ISSUES THROUGHOUT THE YEAR AT NUMEROUS CONFERENCES AND OTHER PUBLIC EVENTS, AS WELL AS VIA PLATFORMS CREATED BY LAMBDA LEGAL ON OUR SOCIAL MEDIA CHANNELS TO ENSURE CONTINUITY IN OUR PUBLIC EDUCATION EFFORTS.TO EXPAND THE REACH AND SCALE OF ITS LITIGATION AND POLICY WORK, AND LEVERAGE THE EXPERTISE OF ITS INTERNAL SUBJECT MATTER EXPERTS, LAMBDA LEGAL RECRUITS, ORGANIZES AND OVERSEES THE WORK OF A LARGE NETWORK OF PRO BONO LAWYERS AND LAW FIRMS AROUND THE COUNTRY TO HELP IN OUR WORK. ASSEMBLING AND MANAGING THESE PRO BONO SERVICES IS A KEY COMPONENT OF OUR STRATEGY AND PROGRAM SERVICES. IT ALLOWS LAMBDA LEGAL TO EXPAND THE SCALE OF OUR ESSENTIAL, HIGH QUALITY LEGAL SERVICES NATIONWIDE WITH A MODEST STAFF, AND ENABLES US TO FOCUS OUR INTERNAL RESOURCES AS NEEDED TO A VARIETY OF BREAKING LEGAL ISSUES ACROSS THE COUNTRY. THIS WORK ALSO TRAINS AND EXPANDS THE POOL OF PRO BONO ATTORNEYS AVAILABLE AROUND THE COUNTRY TO ADVANCE THE WORK OF PROTECTING AND EXPANDING THE RIGHTS OF THE LGBTQ+ COMMUNITY ON AN ON-GOING BASIS. THE VALUE OF THESE PRO BONO SERVICES IS INCLUDED IN OUR AUDITED FINANCIAL STATEMENTS AND WAS $6,483,526 IN 2021. IN ACCORDANCE WITH APPLICABLE LAW AND REGULATIONS, REVENUE OR EXPENSES ASSOCIATED WITH THIS IMPORTANT COMPONENT OF OUR PROGRAM SERVICES ARE NOT REFLECTED IN THE REVENUE AND EXPENSES SET FORTH IN PART IX STATEMENT OF FUNCTIONAL EXPENSES OF THE 990. NEVERTHELESS, WE BELIEVE IT IS IMPORTANT FOR ALL LAMBDA LEGAL CONSTITUENTS TO BE INFORMED OF THIS WORK AND ITS IMPACT.