Orrick's Activities Related to the LGBT Community
Orrick has a long-standing commitment to promoting the rights and interests of the LGBT community through its dynamic pro bono program, diversity and inclusion initiative, community responsibility initiative and its own internal practices and policies within the Firm.
In its pro bono representation, Orrick takes on impact cases and individual cases, advises nonprofit organizations around the country and performs public policy work on behalf of LGBT individuals and organizations. Between 2006 and 2010, Firm lawyers billed more than 8,000 pro bono hours to these matters. As a result of our efforts, the Firm has received pro bono awards for our work from organizations such as the Sylvia Rivera Law Project and the New York City Gay and Lesbian Anti-Violence Project. Firm lawyers also actively participate in organizations that serve the LGBT community through board service and other efforts.
In addition, we make substantial charitable contributions to our LGBT partner organizations who work in this area and we have lawyers who serve on the boards of several of our partner organizations.
Orrick is also dedicated to ensuring that its LGBT employees thrive and is committed to LGBT equality internally. Indeed, as a result of our LGBT programs, the firm has been recognized by the Human Rights Campaign and recently received a "Work-Life Award" for its culture and commitment to the LGBT community. A detailed description of our LGBT related activities follows.
Impact Cases
Marriage Equality. In re Marriage Cases, 43 Cal.4th 757 (Cal. 2008) (co-counsel with NCLR, ACLU-NC and Lambda) (holding that "statutes that treat persons differently because of their sexual orientation should be subjected to strict scrutiny" and the existing "California legislative and initiative measures limiting marriage to opposite-sex couples violate the state constitutional rights of same-sex couples and may not be used to preclude same-sex couples from marrying"); Perry v. Schwarzenegger (9th Cir. 2009) (filed amicus brief to quash subpoena in case challenging the constitutionality of Proposition 8).
Rights for Gay Couples to Adopt. Butler, et al. v. Adoption Media, LLC, 486 F. Supp. 2d 1022 (N.D. Cal 2007) (the Firm successfully represented a same-sex couple in a dispute with a company operating a Web site service related to adoption that refused to provide its services to the couple. The case settled favorably after summary judgment had been granted in large part to the Firm's clients).
Rights of Children of Gay Couples to Receive Child Support. H.M. v. E.T., 14 N.Y.3d 521 (2010) (the Firm represented an amicus bar association in a family law case involving the rights of same-sex couples that pit the birth mother, who sought to petition a court for child support, against her former same-sex partner, whose participation was integral to the decision to have a child. The Appellate Division subsequently reinstated the favorable Family Court order. Orrick's brief argued in favor of equality and granting the mother rights under the child support framework).
Rights of Transgender Inmates. Brooks v. Commissioner, Dep't of Corrections (in fact investigation stage) (representing inmate in possible constitutional and federal statutory challenge as a result of the client suffering from Gender Identity Disorder ("GID") who has been denied clinically appropriate diagnosis and treatment by prison officials for GID; GID is a recognized medical condition identified in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders that involves a strong and consistent cross-gender identification and a persistent discomfort with one's anatomical sex).
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Individual Cases
Orrick lawyers regularly advise individual LGBT clients in matters of critical importance to their lives and represent LGBT individuals and organizations in important lawsuits.
The Military. An Orrick lawyer regularly and consistently assists the Servicemembers Legal Defense Network and has provided individual counseling to over 100 service members regarding the "Don't Ask, Don't Tell" policy and coming out in the military. In addition, Firm lawyers regularly represent LGBT veterans seeking discharge upgrades. For example, one lawyer represented a veteran (a 71-year-old emeritus professor at Stony Brook - NY University) who had been discharged from the Navy in the early 1960s because of his sexual orientation and was successful in upgrading the characterization of his discharge.
Immigration Cases. Orrick lawyers regularly represent LGBT clients in asylum, deportation, defense and other related immigration matters through organizations such as the Lawyers Committee for Civil Rights of the San Francisco Bay Area and Immigration Equality.
Housing/UD Cases. Orrick lawyers represent LGBT clients who seek to prevent their removal from low-income housing, or reasonable housing accommodations, receiving referrals from organizations such as New York Legal Assistance Group, the Volunteer Legal Services Program of the Association of the Bar of San Francisco and PAWS.
Wills/Advance Directives/Health Care Proxies. Orrick lawyers represent LGBT clients and those with HIV/AIDS in preparing end-of-life documents for low-income clients, working with organizations such as the HIV & AIDS Legal Services Alliance.
Name Change Petitions. Orrick lawyers regularly represent LGBT clients seeking name changes, who are both incarcerated and non-detained, working with organizations such as the Sylvia Rivera Law Project and the Transgender Legal Defense and Education Fund.
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Nonprofit Representations
Orrick represents national and local groups who serve the interests of the LGBT community. The representation includes areas such as employment law, real estate law, IP and litigation.
For example, lawyers provide a full range of employment advice to Senior Action in a Gay Environment, the country's largest and oldest organization dedicated to improving the lives of LGBT older adults, and the Empire State Pride Agenda Foundation, New York's statewide LGBT civil rights and advocacy organization.
Orrick represented the New York City Gay and Lesbian Anti-Violence Project, a social services organization that helps victims of bias crimes and works to prevent such crimes, in several significant litigation matters. The Firm secured the dismissal of defamation claims that were brought against the organization, and the decision was reported on the front page of the New York Law Journal. In another case, the firm obtained a decision that vindicated the rights of social services organizations in New York State to provide rape crisis services without fear of suit. That decision granted the client's motion to dismiss and was affirmed on appeal.
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Public Policy Work for LGBT Clients
Orrick lawyers work with national legal services organizations and state and local bar associations on public policy matters that serve the interests of LGBT clients. For example, the Firm has a long relationship with groups such as the National Center for Lesbian Rights and the American Civil Liberties Union Lesbian, Gay, Bisexual, Transgender & AIDS Project. The Firm recently completed a project for the ACLU involving the rights of transgender parents. In another recent project, we worked with a local bar association to draft a statement in support of repealing the ban on gays and lesbians serving in the military.
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LGBT Bar Associations and Bar Association Committees
Firm lawyers are active members of LGBT bar associations, such as Lesbian and Gay Lawyers of New York, and also actively participate in bar association committees that focus on LGBT rights. For example, firm lawyers are founding members of the New York State Bar Association Committee on LGBT People and the Law and active members of the LGBT Rights Committee of the Association of the Bar of the City of New York.
Lawyers at the firm also speak regularly on matters of interest to the LGBT legal community. For example, firm lawyers have given speeches and participated in panels in conjunction with the National LGBT Bar Association's Lavender Law Conference, an annual national conference of LGBT lawyers that frequently draws over a thousand attendees. Through lawyers' involvement in organizations that work generally to promote diversity in the legal professional, the firm is also able to advance the rights and interests of LGBT people.
The firm and its lawyers have been honored and recognized for their work on behalf of the LGBT community. For example, in 2004, Orrick received a "Courage Award" from the NYC Gay and Lesbian Anti-Violence Project for its work. In 2010, a New York partner was honored by the Association of the Bar of the City of New York LGBT Rights Committee "for his tireless efforts on behalf of LGBT communities."
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Charitable Giving and Board Service
The Firm has an impressive commitment to charitable giving to various LGBT organizations, including its partner organizations. Notably, for the past two years, the Firm has funded a fellow who launched the LGBT Law Project to serve New York City's low-income LGBT communities by providing free representation and advice on a wide array of civil legal matters and offering group trainings on legal issues affecting the LGBT communities. The fellow is the only direct legal services lawyer serving individual LGBT clients exclusively. The Firm also regularly makes contributions to LGBT organizations such as the National Center for Lesbian Rights, the Ali Forney Center (assisting homeless LGBT youth), FIERCE! and Immigration Equality. In addition, Firm lawyers have served on the boards of several of these organizations.
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Internal Firm Policies, Programs and Practices
Orrick's commitment to LGBT equality has a long history; for example, it was one of the earlier firms to provide for domestic partner benefits and has had openly LGBT lawyers and partners for decades. Orrick is dedicated to ensuring that its LGBT employees thrive. In 2011, Orrick received its fifth consecutive perfect score in the Human Rights Campaign's Corporate Equality Index Annual Survey. Orrick's perfect score places it among an elite group of U.S. businesses that received top marks for their treatment of LGBT employees and consumers.Furthermore, many of Orrick's openly LGBT lawyers in the U.S. are partners of the firm.
Orrick also has an active LGBT Affinity Group that meets regularly to enhance the recruitment, retention and professional development of LGBT lawyers. Through the Affinity Group, LGBT lawyers of the Firm have a direct dialogue with senior leaders and Executive Committee about issues of interest and concern to the group. The Affinity Group also sponsors networking events and develops programs of interest to Orrick's LGBT community.
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