Rules of the Game: Advocacy for LGBTQ+ Communities

On this episode of the Rules of the Game podcast (the first in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting the LGBTQ+ community and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to executive orders to initiating litigation, nonprofits across the country are standing up to fight for our rights. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy on behalf of the LGBTQ+ community.

Our Attorneys for This Episode 

• Natalie Roetzel Ossenfort
• Sarah Efthymiou
• Brittany Hacker

Episode Overview

Current Events/Executive Orders (EOs)

• PFLAG Policy Matters Newsletter: Federal and state-by-state legislative and litigation actions
• One EO creates Narrow definition of sex as binary male or female and has multiple other impacts
• Directs HHS secretary to end coverage for gender-affirming care through the Affordable Care Act
• Plans to move trans women in federal custody to men’s prisons
• Attempting to stop gender-affirming care for people under 19
• Banning transgender people from serving in the military
• Administration terminated grants funded by the NIH focused on LGBTQ+ health issues. Planning to shut down the HIV prevention division of the CDC.
• Attacks on DEI initiatives and other generally bad EOs include the dismantling Department of Education, eliminating funding for nonprofits, and more.

Advocacy

• Nonpartisan 101: Cannot Support or Oppose Candidates for office
• Educating the Public: Stay updated on changes to law
  • Lead or attend trainings and conferences
  • March 31 is trans day of visibility
  • Organizations like the Human Rights Campaign (HRC) and PFLAG are doing a great job tracking and reporting on EOs and changes to laws
• Executive Branch Advocacy
  • EO advocacy is not lobbying under tax code definitions
  • Oppose executive cabinet actions by, for example, submitting comments to proposed regulation changes like the State Department gender markers. Advocates for Trans Equality and others made easy guides and platforms on how to do this.
• Hold a Rally
  • SCOTUS rally April 2 for case about access to Planned Parenthood services through Medicaid (Medina v. Planned Parenthood South Atlantic)
• Litigation
  • Almost all of Trump’s actions affecting the LGBTQ+ community are already being heard in the courts and are currently on hold
  • PFLAG v. Trump: Challenging EO that withholds funds from medical providers that provide gender-affirming care for people under 19 (currently have a preliminary injunction)
  • Federal judge granted preliminary injunction halting the trans military ban: NCLR and GLAD lawsuit
  • Ohio state appellate court ruled the state’s gender-affirming care ban unconstitutional

Lobbying

• Tax Code Lobbying 101: Public Charities Can Lobby!
  • Track and report your local, state, and federal lobbying and stay within your limits.
• Federal trans athlete ban was brought up and failed to advance in the Senate — lobbying win!
• Emphasize state-level work, local laws, ballot measures
  • Sanctuary cities for trans healthcare
  • Make protections for LGBTQ+ community greater than what the federal law requires
• Remember:
  • State/local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy.
  • Ballot measure advocacy could implicate state/local campaign finance and election laws.

Resources

• Pride and Equity: The Advocacy Playbook for LGBTQ+ and HIV Communities
• Public Charities Can Lobby (Factsheet)
• Practical Guidance: What Your Nonprofit Needs to Know About Lobbying in Your State