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Chicago firm to defend Exxon Mobil against charges of anti-gay bias

Seyfarth Shaw has pro-LGBT reputation and perfect HRC score

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Exxon, Mobil, gay news, Washington Blade

Seyfarth Shaw is representing Exxon Mobil in a lawsuit alleging anti-gay bias against the company. (Photo of Exxon sign by Ildar Sagdejev, photo of Mobil sign by Terence Ong; courtesy Wikimedia Commons).

A Chicago-based law firm known as Seyfarth Shaw is representing oil-and-gas giant Exxon Mobil against charges of alleged anti-gay bias in hiring practices, according to the LGBT group Freedom to Work.

Tico Almeida, president of Freedom to Work, told the Washington Blade on Thursday night the Chicago office of Seyfarth Shaw elected this month to represent Exxon Mobil in the lawsuit, which was filed by his organization and is pending before the Illinois Department of Human Rights.

“I believe that even the most disgusting criminals should have access to counsel when they violate the law, and Exxon’s shareholders will now pay big bucks for Seyfarth’s lawyers, who are probably some of the most expensive corporate defense lawyers in the country,” Almeida said. “But I don’t think there’s any need for Seyfarth to run up their billable hours since Freedom to Work would like to settle the case today.”

Seyfarth Shaw is a massive international law firm and employs more than 800 attorneys throughout the world. It bills itself on its website as “a national platform and an international gateway” that helps businesses in litigation, employment, corporate, real estate and employee benefits.

Freedom to Work filed the lawsuit against Exxon Mobil in May after conducting a test in which it sent two fictitious resumes for a job opening at the company in Illinois. One was from a more qualified applicant who outed herself as LGBT on her resume; the other was a less qualified applicant who gave no indications about her sexual orientation or gender identity. The less qualified non-LGBT applicant received multiple callbacks, the more qualified LGBT applicant received nothing.

The organization filed a complaint against the company on the basis that it had violated Illinois state law, which prohibits employment discrimination on the basis of sexual orientation. Legal precedent within Illinois and the U.S. Supreme Court allows for paired-resume testing as a basis to file an employment discrimination lawsuit against a company.

Almeida said that Exxon Mobil could settle the case by adopting a policy prohibiting discrimination against LGBT workers.

“In fact, one settlement option would be for Exxon to copy and paste Seyfarth’s own LGBT workplace policies, which have previously earned the lawfirm a 100 percent LGBT rating from the HRC,” Almeida said. “Exxon could also copy and paste the Chevron LGBT workplace policy, and we would accept that as part of the settlement.”

The Chicago office of Seyfarth Shaw didn’t respond to multiple requests this week to confirm that it has decided to represent Exxon Mobil or explain why it has decided to represent the company.

William Holbrook, an Exxon Mobil spokesperson, had no comment on whether his company selected Seyfarth Shaw to defend it against the Freedom to Work lawsuit.

Mike Coffey, a spokesperson for the Illinois Department of Human Resources, wouldn’t confirm that Seyfarth Shaw is participating in the lawsuit, but affirmed the case is under investigation.

Seyfarth Shaw is known for adopting pro-LGBT policies. It has a 100 percent rating on the Human Rights Campaign’s Corporate Equality Index. In addition to having an LGBT non-discrimination policy, the law firm offers same-sex partner benefits, transgender health coverage and was among the companies that signed a legal brief before the U.S. Supreme Court against the Defense of Marriage Act.

In a statement from 2011, Seyfarth Shaw Chair J. Stephen Poor touted receiving a perfect score on the HRC report for the fourth consecutive year.

“We are proud to earn this recognition and to have maintained the perfect score for the fourth year in a row, demonstrating that we don’t just ‘talk the talk,'” Poor said at the time. “We know that diversity is important to clients, and it’s equally important to us.”

Michael Cole-Schwartz, a Human Rights Campaign spokesperson, said his organization would dock a hypothetical law firm for representing Exxon Mobil in a case alleging anti-gay bias at the company.

“Yes, we would and have done so in the past,” Cole-Schwartz said. “The firm Foley & Lardner was docked 15 points previously for their work representing organizations trying to stop marriage equality (engagements which have since ended and they are no longer docked), although it should be noted the firm has also had a long history of pro bono support for LGBT causes.”

Starting with the 2012 report, Cole-Schwartz said HRC raised the possible point deduction from -15 to -25. One of the criteria on which companies are judged in the report is “responsible citizenship” or having “no known activity that would undermine LGBT equality.”

Informed by the Washington Blade that Seyfarth Shaw was the law firm defending Exxon Mobil, Cole-Schwartz said the situation is currently under evaluation. HRC has previously praised Freedom to Work’s lawsuit against the company.

“Weā€™re still in the process of collecting data from companies for this yearā€™s CEI ratings and taking a look at the lawsuit and how it might play a role in a score,” Cole-Schwartz said. “We will make a determination once we have all the information.”

Almeida is set to speak on a panel with Jeffrey Wortman, an attorney from the Los Angeles office of Seyfarth ShawĀ on FridayĀ at the annual Lavender Law Conference, which this year is taking place in San Francisco.Ā The panel is titled, “We Have An Anti-Discrimination Law! Now What?” and will address ways to enforce state non-discrimination laws through the country.

“I’m looking forward to presenting the Exxon case at this weekend’s Lavendar Law panel, and it will be interesting to see if Seyfarth’s representative on the panel will publicly defend Exxon’s anti-gay policies,” Almeida said.

Also of note, one of the attorneys at Seyfarth Shaw, Camille Olson, testified in 2009 before the House and Senate on the Employment Non-Discrimination Act. She argued neither for or against the legislation, but said it should be changed for greater clarity, such as in the area of disparate impact on the issue of whether Title VII and ENDA will provide duplicate causes of action. Many changes along the lines of her recommendations were adopted in subsequent versions of the legislation.

Almeida, who’s also among the chief advocates for passage of ENDA, said he remains hopeful Exxon Mobil and Seyfarth Shaw come to embrace LGBT employment non-discrimination polices and advocacy.

“One day when historians write the accounts of ENDA and Exxon, it will be interesting to see whether the lawyers at Seyfarth are considered among the good guys or the bad guys,” Almeida said. “I think that the jury is still out. I hope both Seyfarth and Exxon do the right thing and take the side of basic workplace protections for LGBT Americans.”

UPDATE: This article has been update to include an additional comment from HRC’s Michael Cole-Schwartz.

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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