NAPABA LGBTQ NETWORK

November 6, 2022

Dear NAPABA Board of Governors,

The NAPABA LGBTQ Network, along with its members, supporters, sponsors, and allies, respectfully but fiercely request that NAPABA change the venue for the 2023 conference to a location more consistent with the values of our organization, leadership, and membership. 

HB 1041

On May 24, 2022, the State of Indiana, over the veto of its Republican governor, passed HB 1041. The law specifically and directly targets transgender girls, barring them from participation in school sports. 

Transgender youths are one of the most vulnerable minority groups in America. In a 2020 peer-reviewed study by the Trevor Project, a staggering 76% of transgender women have experienced depression, 51% have seriously considered suicide, with 27% having had attempted suicide. 

Many of these transgender men and women are part of the API community. This community faces even higher levels of discrimination in their lifetime. In a 2012 study Injustice at Every Turn: A Report of the National Asian American, South Asian, Southeast Asian and Pacific Islander Respondents, analysis released showed API transgender students from K-12 experienced alarming rates of harassment (65%), physical assault (39%) and sexual assault (19%). These experiences led 11% to leave school with an additional 6% expelled due to bias.

HB 1041 serves no purpose other than to increase the burden and discrimination that transgender youths face. Although the law purports to protect women in sports, in the statement by Republican Governor Holcomb, he stated that “[a]fter thorough review” he had found “no evidence to support either claim” of participation of transgender girls affecting consistency or fairness in competitive female sports. This law instead targets transgender girls for no reason other than that they are a vulnerable minority easy to victimize. 

SB-1

On August 5, 2022, Indiana passed SB-1. This law barred all abortion past the point of conception with limited exceptions for the rape, incest, health of the pregnant person, and for when the fetus is diagnoses with a lethal fetal anomaly. It was one of the most restrictive abortion laws that has been passed by any legislature since Dobbs. 

The law represents an assault on the rights of pregnant people and their rights to bodily autonomy. Researchers at the University of Colorado Boulder calculated that this and other abortion bans could lead to a 24% increase in maternal deaths. It would also lead to a significant increase in poverty for both mothers and their children. 

An analysis from the National Partnership for Women & Families shows that more than a quarter of Asian American and Pacific Islander women ages 15-49 live in one of the states that have banned or are likely to ban abortion. This law, and others like it, represent a violation of the rights and liberties, and a deprivation of opportunity, for AAPI women. 

Inconsistent with NAPABA Values

Simply put, the hosting of the 2023 conference in Indiana is inconsistent with NAPABA’s values. 

In a January 2016 statement, NAPABA affirmed its “long-standing commitment to supporting the civil rights of all members of our community, including our Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) brothers and sisters” and urged for a repeal of existing discriminatory and unjust laws targeting all AAPI LGBTQ people. This was re-affirmed in a 2020 statement, in which NAPABA stated this was a “policy priority.”

In May 2022, NAPABA issued a strong statement in support for the right to reproductive health, urging state governments to protect women’s right to access reproductive healthcare and again, supporting this resolution as a “policy priority.”

To hold the 2023 conference in the State of Indiana would constitute a betrayal of those values. It would also constitute a betrayal of the oath that the Board of Governors took before the membership at this year’s conference. And it would constitute a betrayal of the NAPABA Mission Statement which promises to promote "justice, equity, and opportunity" for all APAs. 

Inconsistent with NAPABA’s Financial Interests

The hosting of the 2023 conference in Indiana is also inconsistent with NAPABA’s financial interests. 

Every year, many NAPABA attendees and speakers come from the State of California. In 2016, California banned state-funded travel to states with laws that discriminate against the LGBTQ community. In July 2022, Indiana was added to that list. Other states have in the past also adopted policies barring non-essential travel to states that discriminate including the State of New York. To hold the conference in Indiana would therefore likely result in many members from California, and possibly other states, being unable to attend, speak, or participate.  

There are also many sponsors who will be unlikely to attend or support the 2023 convention. As told to us by one D&I officer of a platinum sponsor, any request for sponsorship that would otherwise be routinely granted would next year face fierce resistance. We have heard from many attorneys from firms that have sponsored NAPABA this year including Jade, Diamond and Platinum sponsors who would be reluctant to continue advocating for NAPABA sponsorship in 2023 if NAPABA keeps Indiana for the 2023 convention. 

And lastly, there will be many members who are unlikely to attend the convention. We have heard anecdotally from many attorneys that despite their love of NAPABA and the community, they intend to boycott next year’s conference if it happens in Indiana. This feeling extends beyond just members of our Network but also to our allies and other affinity groups and affiliates. 

Proposed Resolution

The LGBTQ Network, along with its members, allies, and supporters, respectfully request that NAPABA relocate the 2023 conference to a different location that is consistent with NAPABA’s values, and those of its leadership and membership. There are many states all across the country that respect and value the rights of their transgender community and protect access to reproductive health. 

We understand that this is not an easy thing to ask, and that conventions the size and scope of NAPABA’s ordinarily take a long time to plan and coordinate. But there is no reason to think that the situation in Indiana will improve over the upcoming year. If anything, it is more likely that Indiana pass further laws rather than repeal the existing ones. 

In July 2022, for instance the state of Indiana signed onto an amicus brief in support of an Alabama law barring transgender youths from being able to receive gender-affirming medical care. This position puts Indiana in sharp contrast with the American Medical Association, the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, and the entire medical community. There are many concerns that Indiana will soon pass its own version of Alabama’s legislation in the coming months. 

 For these reasons, we strongly urge that NAPABA take any and all steps necessary to relocate the 2023 conference and we would be proud to provide any assistance as may be necessary to help make that happen. 

      Sincerely and respectfully,

      NAPABA LGBTQ Network