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diversity matters
ABA Commission on Sexual Orientation and Gender Identity (SOGI)
By Jeffrey G. Gibson, Chair
The ABA Commission on Sexual Orientation and Gender Identity (SOGI) was created in 2007 to help implement the Association's newly expanded Goal IX, which now reads "To promote full and equal participation in the legal profession by minorities, women, persons with disabilities, and persons of differing sexual orientations and gender identities." It is the newest of the ABA’s diversity entities.
The mission of the Commission is to secure for lesbian, gay, bisexual and transgender (LGBT) persons full and equal access to and participation in the ABA, the legal profession and the justice system. Through education efforts, policy development, building relationships with leaders in the profession, and other activities, the Commission seeks to secure equal treatment in the ABA, the legal profession and the justice system without regard to sexual orientation or gender identity, remove barriers to professional advancement, and promote diversity.
The commission has met twice. It was honored to have President Neukom attend its February meeting to provide his thoughts about his hope that all ABA diversity entities would work closely together given that all have as a common goal the ending of discrimination in all forms. SOGI is looking forward to participating in the Goal IX Summit set for April 1-2.
Highlights from the Commission’s Sub-Entities
2009 Goal IX Questionnaire: SOGI will participate in this for the first time.
Policy Working Group: commissioners reviewing the ABA’s staff policies as they relate to sexual orientation and gender identity have found that for the most part the same benefits are provided to domestic partners are provided to married couples. Still, there are a few areas that could be improved and commissioners will work towards this end. With respect to insurance provided to ABA lawyers, the American Bar Endowment was invited in December to provide information about coverage for LGBT individuals and SOGI is looking forward to receiving it.
Commissioners received a report as to what policies other minority bar associations had with respect to the non-discrimination, inclusion, and diversity. Many do not address sexual orientation and gender identity at all, although some – notably the Minority Corporate Counsel Association (MCCA) and the National Lesbian and Gay Law Association (NLGLA) – do. Thus, opportunities for change exist here as well.
Another report reviewed ABA "greenbook" policies and other matters and found several that, while addressing – for example – LGBT interests or sexual orientation, do not address all the issues that would be covered were they to be amended to cover fully "sexual orientation and gender identity." The commission will seek to recommend updating of those policies so that they address fully the charges within its jurisdiction.
Data Collection – the commission remains highly interested in gathering both qualitative and quantitative information about LGBT attorneys and law students. As to collecting qualitative data, it has not yet come to a decision as to whether to conduct hearings or focus groups.
Governmental Affairs – the commission decided to work towards providing educational briefings on gender identity for Hill staffers, something like a "101" on matters like health care.
Nominating Individuals for Awards – the commission decided to recommend certain names to NLGLA as possible recipients of the "Allies for Justice" award to be bestowed during the Annual Meeting.
Liaisons
In early January, SOGI invited all ABA sections, divisions, and forums to appoint a liaison. As of this writing, the commission has liaisons appointed from 11 entities: Business Law; Environment, Energy and Resources Law; Family Law; Judicial Division; General Practice, Solo and Small Firm; Labor and Employment Law; Litigation; Mental and Physical Disability Law; Real Property, Estate and Trust Law; Tort Trial and Insurance Practice; and the Center for Racial and Ethnic Diversity. It expects appointment of liaisons from the Law Student Division, the Commission on Women, and the Young Lawyers Division and also welcomes other appointments.
Working with Other Entities
Internally, the commission supported the Commission on Racial and Ethnic Minorities in the Profession’s Spirit of Excellence Luncheon and many SOGI commissioners attended; it is also cosponsoring YLD’s Diversity Summit in mid-April. SOGI has also agreed to be one of the partners in an Enterprise Fund proposal spearheaded by Section of International Law. SOGI has been invited to send a representative to the LGBT Domestic Violence Summit on April 11-12 in DC and is hoping to do so.
With respect to outside organizations, SOGI will be asking the ABA Board in April to approve SOGI cosponsorship of Lambda Legal’s national forum to be held June 5-6 that will commemorate the fifth anniversary of the U.S. Supreme Court victory in Lawrence vs Texas – one of SOGI’s commissioners, Paul Smith, argued the case and will be a featured panelist. (Lawrence v. Texas was an historic case brought by Lambda Legal. The Court declared all sodomy laws unconstitutional, putting an end to the sodomy laws that remained on the books in 13 states at the time of the ruling). SOGI will also be requesting approval to cosponsor NLGLA’s Allies for Justice program on August 8 at the ABA Annual meeting. SOGI expects to have several representatives attend NLGLA’s Lavender Law Conference to be held in San Francisco September 4-6.
The commission’s next meeting will be by conference call on May 1, and it will meet in person at the Annual Meeting on August 8-9. Its liaisons will be invited to attend the August meeting, and commissioners look greatly forward to meeting and working with them.
Visit the Commission's Website.
©2008 American Bar Association. All rights reserved.
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