Reflecting on Skrmetti

Last Wednesday December 4th, thanks to my friends at Lambda Legal, I had the incredible privilege to be present in the chambers of the Supreme Court of the United States to hear the oral arguments in Skrmetti v. United States. This landmark case was brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth.

From the moment I was escorted through security, surrendered my digital devices, and took my seat, I was struck by how fortunate I was (thank you, Kevin Jennings and Jennifer Pizer of Lambda Legal) to be one of too few who are able to witness the wheels of justice turn. It was equally emotional for me to be in the courtroom with one of my best friends, and sister-activist James Dale, who was a plaintiff in the exact same room with his case Dale v. Boy Scouts of America exactly 25 years ago. I’ve been outside the Supreme Court a number of times in my life, and have had friends like Jim Obergefell & Paul Smith who’ve been inside and have told me what it’s like. But nothing prepared me for the actual experience of being in the nation’s highest Court, with 200 fellow Americans, waiting in total silence watching the second hand on the ancient clock circle around, until at exactly 10am on the dot, when the Justices entered and we all stood.

While I don’t have the space to share all my reflections, I did want to share several major takeaways from that epic day.

First, seeing and hearing Chase Strangio, framed by nine Justices, his back turned to the audience as he stood at the lectern to make his oral arguments, made me choke up.  This was the first trans man in history to stand before our Supreme Court, and he was there to argue for his own civil rights, a historic moment by any measure. But what I was even more struck by was something that I never expected to see: seven of the nine Justices seemed to also understand the gravity of the moment and who stood before them. I was specifically touched by how Amy Comey Barrett & Brett Kavanagh, two Justices we’ve all been conditioned to frame as villains, asked their questions and looked at Chase. Their tone and facial expressions conveyed sincere interest. I truly felt that they were seeking to understand, even if they had to ask the same question twice or when they asked questions about topics unrelated to the case like trans participation in sports. But most surprising to me (and completely lost in the reporting by the New York Times) was that those seven Justices all approached Chase with kindness.

Second, the intellectual and factual differences (not to mention the legal precedent) between what Tennessee attempted to argue, and what the amazing Elizabeth Prelogar, the Solicitor General for the United States, delivered was a once-in-a-lifetime Master Class in jurisprudence. From start to finish, she was dynamic, laser-focused, and fact-based, and answered the Justices questions, even the rare pointed question from Justice Thomas, with unwavering confidence and tactful conviction. It was thrilling to watch. But the impact was not just on the Justices, it was visible in the faces of all the trans people with me in the courtroom, many of whom had tears steaming down their faces as they silently watched these two amazing humans fight for their community.

It’s worth noting that Justices Thomas and Alito were the outliers in all of this, with Thomas slouching in his chair, his head in his hand, not making eye contact with Chase and Elizabeth.  Beside him was Justice Alito calmly flipping through some brochure he had in front of him, rather than looking at Chase. But what blew me away the most were the questions, judicial arguments, and frameworks presented by Kagan, Sotomayor, and especially Justice Jackson, whose phenomenal connection to Loving v. Virginia Justice Thomas also ignored. It became entirely clear to me that these Justices were trying to help Chase and Elizabeth expand their argument, and by doing so, trying to educate their own colleagues further down the bench. It was truly inspiring to see, and it gives me hope that a positive outcome is possible.

When I left the court, however, I was deeply disappointed by the reporting in leading newspapers like the Associated Press and the New York Times, whose headline: Supreme Court Appears Inclined to Uphold Tennessee Law on Transgender Care, was a far cry from what I had just witnessed. I understand that headlines are clickbait, but to see how inaccurate the “bait” actually was, how it diminished a historic moment for LGBTQ+ rights and representation, how it undermined Chase and the government’s exquisite presentation, and how, by ignoring the intricacies, it suggested that the outcome is inevitable, which is just not true. I hope folks pay attention to how Elizabeth and Chase presented their case–they weren’t afraid to shine a light on the challenging, polarizing, and changing nature of this issue. Too often, the conversations gloss over nuance to score a political point, and generalize about the science if it isn’t 100% conclusive in favor of a perspective, or worse, don’t acknowledge the personal and sensitive stakes at play for young people, parents, and their physicians.

Who knows when the decision will come or what it will be.  But whatever the outcome, I will be forever grateful for the two brilliant legal minds I was honored to witness and for seven of the nine jurists who, despite their personal frameworks, seemed to show up to listen, learn, and–hopefully–decide in favor of justice.

Hopefully,

Todd G. Sears
Founder and CEO
Out Leadership

Here’s what you need to know this week…

#1 Appeals Court Rejects Nasdaq’s Diversity Rules 

A federal appeals court on Wednesday struck down the Nasdaq’s diversity disclosure rules for companies listed on the stock exchange, which were created to boost the representation of women and minority directors on boards.

In a 9-8 decision, the court reversed a 2023 ruling by a three-judge panel that had allowed Nasdaq’s diversity rules to proceed. The case was brought by two legal groups against the Securities and Exchange Commission, which had approved the diversity rule for Nasdaq-listed companies. Some may recall that the other major board diversity requirement here in the US was the California law AB 979, which was also struck down (for different reasons) in March 2023. Out Leadership was integrally involved in both of these board diversity efforts: we worked with CA to make sure LGBTQ was added to the list for its law–it wasn’t when it was introduced–and our research and board recommendations were used 7 times in Nasdaq’s SEC filing for its requirement. 

Nasdaq responded to the ruling in a statement on Thursday, expressing its respect for the court’s decision and confirming that it would not seek to appeal. The exchange emphasized that the rule was intended to simplify and standardize the disclosure process, benefiting both companies and investors.

Todd will share his thoughts on the decision on LinkedIn next week.

#2 Julia Hoggett Recognized As One of the 25 Most Influential Women of 2024

We’re delighted to see long time Out Leadership friend and supporter Dame Julia Hoggett, CEO at London Stock Exchange, recognised by the Financial Times as one of the 25 most influential women of 2024, alongside people like Taylor Swift, Kamala Harris and Simone Biles.

Julia is an incredible leader and diversity champion. She hosted the LGBTQ+ Board Alliance at the London Stock Exchange and is also on the advisory board of the new initiative. She is a longtime friend of Todd and Out Leadership and we are so proud of her.

Congratulations to Dame Julia and thank you for your inspiring leadership!

#3  Poland Pushing LGBTQ+ Progress

2024 has been a monumental year for LGBTQ+ advocacy in Poland, marking a turning point for a nation consistently ranked as the worst place to live for LGBTQ+ in the European Union. Against a backdrop of adversity, significant strides have been made, offering a glimpse of hope for a more inclusive future.

• First LGBTQ+ Museum Opens in Poland: Earlier this month, Warsaw became home to Poland’s first-ever LGBTQ+ museum. The museum, established by the nonprofit Lambda, takes visitors on a journey through Poland’s LGBTQ+ history, spanning through centuries of activism. With artifacts ranging from early letters and photographs to powerful relics of resistance, this space honors the trailblazers who have fought for equality.

• Expansion of Hate Crime Laws: In November, Poland’s government approved extending hate crime laws to include sexual orientation, gender, age, and disability. This move came after pressure from the UN’s human rights body and signals a long-awaited step toward justice for marginalized groups.

• Progress on Civil Partnerships: A new draft law would grant same-sex couples legal rights such as inheritance and access to medical information, though it does not allow adoption.

#4  Chinese Influencer Sues Over Transgender Conversion Therapy

At the hospital, Ling’er was detained for three months against her will, enduring repeated psychological evaluations and seven rounds of electroshock therapy. The staff at Qinhuangdao Jiulongshan Hospital diagnosed her with “ego-dystonic sexual orientation”—a now-discredited term that was removed from the World Health Organization’s list of medical conditions in 2019 for its harmful, discriminatory impact on LGBTQ+ individuals.

This July, Ling’er took a brave step and sued the hospital, unsure of the outcome. To her surprise, the court accepted her case, and the hospital ultimately agreed to pay a significant settlement. Initially, the hospital denied any wrongdoing and resisted paying the full amount. However, after months of negotiations and pressure, they reached an agreement, giving Ling’er the opportunity to start a new chapter in her life and begin saving for gender-affirming care. This case marks a powerful moment for LGBTQ+ rights in China, highlighting both the struggle and resilience of the transgender community in a country where discrimination remains deeply ingrained.

#5 LGBTQ+ People Making History This Week 

Trans actress Karla Sofía Gascón has been nominated for a Golden Globe for Best Actress in a Motion Picture – Musical or Comedy for her role in Emilia Pérez. This makes Gascón the first out transgender woman to be nominated for Lead Actress in a major film category. The film, telling the story of a trans cartel leader, also garnered several other nominations, including Best Motion Picture (Musical or Comedy), Best Original Score, and Best Original Song.

João Reis, Brazilian tennis player, came out as gay this week in a heartfelt Instagram post celebrating his anniversary with his partner. His announcement is a significant moment for LGBTQ+ visibility in the world of professional sports, with him being the first active male tennis player to come out publicly.

#6 OutNEXT Virtual Sessions Coming In January, A Unique Opportunity

OutNEXT is the first and only global talent accelerator for emerging LGBTQ+ leaders. Since 2014, we’ve engaged over 4,500 emerging leaders from more than 200 organizations across four continents. Due to the overwhelming success and interest in OutNEXT, we’re thrilled to announce the OutNEXT Virtual Sessions, happening January 13-15, 2025, sponsored by RBC and Citi.

This is an incredible opportunity to access the world-class leadership development offered by OutNEXT—no matter where you are in the world. The virtual sessions will also feature an amazing line-up of inspiring speakers, bringing a global perspective to the program. The content will be released on January 13th for asynchronous learning, followed by live breakout sessions on January 15th (local time for each region).

Additionally, for the first time ever, Out Leadership is opening the OutNEXT program to 100 emerging LGBTQ+ leaders from non-member companies worldwide! If you know an exceptional LGBTQ+ leader who could benefit from this groundbreaking opportunity, you can nominate them to participate starting no.

To register or nominate someone, please email events@outleadership.com.

We can’t wait to see how this year’s OutNEXT Virtual will continue to shape the next generation of LGBTQ+ leaders!