The National LGBTQ+ Bar Association was instrumental in the passage of several key resolutions in the American Bar Association’s House of Delegates. All resolutions are centered on the basic principle of equality under the law, and Resolution 113A and Resolution 108D have served as a basis for legislation both in individual states and in the United States Congress.

American Bar Association House of Delegates Resolution 108D, 2018

Resolved, That the American Bar Association urges federal, state, local, territorial and tribal courts to extend Batson v. Kentucky, 476 U.S. 79 (1986), to prohibit discrimination against jurors on the basis of sexual orientation or gender identity/expression.

American Bar Association House of Delegates Resolution 113, 2019

Resolved, That the American Bar Association opposes laws, regulations, and rules or practices that discriminate against LGBT individuals in the exercise of the fundamental right to parent;

Further Resolved, That the American Bar Association urges lawmakers in jurisdictions where such discriminatory laws, regulations, and practices exist to promptly repeal them and ensure the equal protection of all LGBT individuals under the law; and

Further Resolved, That the American Bar Association urges bar associations and attorneys to defend victims of anti-LGBT discrimination, and to recognize and support their colleagues taking on this work.

American Bar Association House of Delegates Resolution 116c, 2020

Resolved, That the American Bar Association opposes all federal, state, local, territorial and tribal legislation, regulation, and agency policy that discriminates against transgender and non-binary people on the basis of gender identity and/or that imposes barriers to obtaining or providing medically necessary care to affirm an individual’s gender identity

American Bar Association House of Delegates Resolution 113a, 2020

Resolved, That the American Bar Association urges Congress to re-authorize and fully 23 fund the Violence Against Women Act (“VAWA”) and similar legislation that:

1. Preserves the protections approved in the 2013 reauthorization of VAWA, and continues to respond to emerging challenges and to the concerns from the field of expert professionals;
2. Improves services, minimizes bias, and prioritizes safety, autonomy, and support for all victims of gender-based violence, with a particular emphasis on the self- defined needs of marginalized and underserved groups, including victims who:

• a. are LGBTQ;
• b. are immigrants, without regard for their legal status;
• c. are Indigenous;
• d. are persons of color;
• e. live with a disability, including mental/behavioral health disabilities and/or substance use disorders;
• f. are youth or elders;
• g. primarily speak a language other than English; h. are members of a religious minority;
• i. live in rural or frontier areas; or
• j. are or were incarcerated;

3. Enhances judicial, legal, and law enforcement tools that respond to domestic violence, dating violence, sexual assault, and stalking in a trauma-informed way, including by:

• a. recognizing tribal courts’ inherent jurisdiction over gender-based and related violence committed on tribal lands;
• b. restricting adjudicated abusers’ access to firearms; and
• c. allowing for innovation in developing victim-defined alternatives to traditional justice responses;

4. Strengthens the healthcare system’s comprehensive and trauma-informed response to domestic violence, dating violence, sexual assault, and stalking;
5. Provides economic and housing opportunities and protections for victims of domestic violence, dating violence, sexual assault, and stalking, including non-discrimination protections; and
6. Implements evidence-based prevention and educational programs that encourage healthy relationships and teach how to respond to attitudes and behaviors contributing to sexual and domestic violence.

American Bar Association House of Delegates Resolution 111b, 2020

Resolved, That the American Bar Association urges all federal, state, local, territorial, and tribal governments to adopt policies and contractual provisions that prohibit conducting strip searches of children and youth, except in exceptional circumstances, where the searches are permitted only:

• (1) when the child or youth is in custody;
• (2) when there is reasonable suspicion that the child or youth possesses or has had immediate access to an implement that poses a threat of imminent bodily harm to themselves or others;
• (3) after all other less intrusive methods of discovering and removing the implement have been exhausted, including the use of alternative search techniques that can be performed while the child or youth is fully clothed; and
• (4) after the child or youth has been given notice, in a manner that is consistent with the child’s or youth’s primary language and developmental stage, and that takes into account accommodations for disability, that they will be searched and that they have the opportunity to reveal any implement they are carrying instead of being searched, and

Further Resolved, That the American Bar Association urges all federal, state, local, territorial, and tribal governments to adopt policies and contractual provisions that require that, if the child or youth must be strip-searched, the search is conducted in a manner that respects the sexual orientation and gender identity of the child or youth and is the least intrusive manner possible; and

Further Resolved, That the American Bar Association urges all federal, state, local, territorial, and tribal governments to adopt policies and contractual provisions prohibiting body cavity searches of children and youth; and

Further Resolved, That the American Bar Association encourages court systems, lawyers, law enforcement leaders, medical professionals, law schools, and bar associations to promote awareness of the harmful effects of strip searches and body cavity searches of children and youth, including trauma and re-victimization.

American Bar Association House of Delegates Resolution 10c, 2019

Resolved, That the American Bar Association urges all private and public universities and colleges to adopt the following principles in furtherance of free expression on university and college campuses:

1. Universities and colleges have a responsibility to promote freedom of debate and thought, and to protect that freedom when others attempt to restrict it;

2. Except as necessary to comply with reasonable administrative rules applied on a content-neutral basis, universities and colleges should not restrict freedom of speech and debate protected by the First Amendment; and

3. Universities and colleges should protect all members of their communities and all speakers on their campuses and other locations from censorship, intimidation or retaliation on the basis of their opinions or beliefs.

American Bar Association House of Delegates Resolution 107b, 2019

Resolved, That the American Bar Association urges legal employers not to require that, before a dispute arises, employees agree to mandatory arbitration of claims of unlawful discrimination, harassment or retaliation based upon race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity or expression, marital status, genetic information, or status as a victim of domestic or sexual violence.

American Bar Association House of Delegates Resolution 111, 2019

Resolved, That the American Bar Association adopts the ABA Model Act Governing Assisted Reproduction [2019] dated January 28, 2019 (“Model Act [2019]”) to replace the 2008 ABA Model Act Governing Assisted Reproductive Technology; and

Further Resolved, That the American Bar Association approves the Model Act [2019] as an appropriate Act for those states desiring to adopt the specific substantive law contained in the Act.

American Bar Association House of Delegates Resolution 114, 2019

Resolved, That the American Bar Association urges Congress to pass legislation which explicitly affirms that discrimination because of sexual orientation, gender identity/expression, sex stereotyping, or pregnancy, is sex discrimination prohibited by the Civil Rights Act of 1964 and other federal statutes; and adds sex, sexual orientation and gender identity protections to those statutes; and

Further Resolved, That the American Bar Association supports enactment of the Equality Act (H.R. 2282, 115th Congress) or similar legislation that advances LGBTQ rights; and

Further Resolved, that the American Bar Association urges all courts within the United States to recognize that religiously neutral laws of general applicability prohibiting discrimination on the basis of sex ((which includes discrimination on the basis of sexual orientation or gender identity/expression) do not improperly burden the religious free exercise rights of those operating places of public accommodation. This resolution does not apply to the application of nondiscrimination laws to religious institutions to the extent that application would substantially interfere with the exercise of a fundamental religious tenet of the religious institution.

American Bar Association House of Delegates Resolution 118, 2018

Resolved, That the American Bar Association urges the federal government to recognize that service by persons who otherwise meet the standards for accession or retention, as applicable, in the United States Armed Forces should not be restricted, and transgender persons should not be discriminated against, based solely on gender identity.

American Bar Association House of Delegates Resolution 105, 2018

Resolved, That the American Bar Association urges providers of domestic and international dispute resolution to expand their rosters with minorities, women, persons with disabilities, and persons of differing sexual orientations and gender identities (“diverse neutrals”) and to encourage the selection of diverse neutrals; and

Further Resolved, That the American Bar Association urges all users of domestic and international legal and neutral services to select and use diverse neutrals.

American Bar Association House of Delegates Resolution 104e, 2018

Resolved, That the American Bar Association urges federal, state, local, and tribal governments and international institutions to adopt and implement legislation and to eliminate, prevent and provide remedies for gender-based violence in the workplace, including sexual harassment, based on virtue of their actual or perceived sex (including pregnancy), family responsibilities, sexual orientation, gender identity, gender expression, the intersectionality between race and sex or status as a victim of domestic or sexual violence.

Further Resolved, That the American Bar Association urges all employers conducting business in the United States to adopt policies, programs, and procedures to create workplaces free of gender-based violence, including sexual harassment, and address the structural inequalities that allow such violence to occur.

American Bar Association House of Delegates Resolution 104c, 2018

Resolved, That the American Bar Association supports an interpretation of Section 1557 of the Affordable Care Act, 42 U.S.C. § 18116(a), that its prohibition on sex discrimination by covered health programs or activities includes discrimination on the basis of sexual orientation and gender identity;

Further Resolved, That the American Bar Association urges the Attorney General of the United States and the Secretary of Education to reinstate the guidance letters concerning interpretation of Title IX that were rescinded on February 22, 2017; and

Further Resolved, That the American Bar Association urges the Attorney General of the United States to withdraw the interpretation proposed by the U.S. Department of Justice in October 2017 that Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-16(a), does not protect transgender citizens against discrimination.

American Bar Association House of Delegates Resolution 116a, 2018

Resolved, That the American Bar Association supports an interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), that its prohibition on sex discrimination in employment by covered employers includes discrimination on the bases of sexual orientation and gender identity; and

Further Resolved, That the American Bar Association urges the Attorney General of the United States to withdraw the interpretation proposed by the U.S. Department of Justice in October 2017 that Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e- 16(a), does not protect transgender citizens against workplace discrimination.

American Bar Association House of Delegates Resolution 112d, 2017

Resolved, That the American Bar Association urges the Food and Drug Administration (“FDA”) to update its current policy requiring deferment of blood donations from men who have sex with men for one year after the donor’s most recent sexual encounter with a man to a deferral policy based on an assessment of the risk posed by an individual based on potential recent exposures rather than on the individual’s sexual orientation; and

Further Resolved, That the American Bar Association urges the FDA to develop and implement validated tools for assessing individual risk, to ensure the safety of the blood supply in light of the most up-to-date testing technology that can reliably indicate the presence of HIV and other blood-borne pathogens within a short period of time after an individual has been exposed.

American Bar Association House of Delegates Resolution 105, 2017

Resolved, That the American Bar Association urges the United Nations, the United States and other governments and relevant international actors to develop and implement methodologies to measure and track the prevalence of sexual and gender-based violence.

Further Resolved, That the ABA endorses international efforts to improve donor coordination, transparency, and accountability with respect to assistance to victims of sexual and gender-based violence including in situations of armed conflict, and specifically recommends that donors require quantitative public reporting from funding recipients globally, including disclosure of independent audits or evaluations showing funds expended on services to victims of sexual violence and the services provided using such funds.

Further Resolved, That the ABA recommends that international Non- Governmental Organizations, donors, and multilateral agencies work with and support governments to develop and adopt appropriate methodologies to create publicly accessible national databases of information on assistance to victims of sexual violence, enabling stakeholders to coordinate, track, and evaluate this assistance.

American Bar Association House of Delegates Resolution 10a, 2017

Resolved, That the American Bar Association urges the Supreme Court of the United States to consider racial, ethnic, disability, sexual orientation, gender identity, and gender diversity in the selection process for appointment of amicus curiae, special masters, and other counsel.

American Bar Association House of Delegates Resolution 116, 2016

Resolved, That the American Bar Association amends Principles 2(B) and 6 of the ABA Principles for Juries and Jury Trials as follows:

2(B) Eligibility for jury service should not be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, marital status, sexual orientation, gender identity, gender expression or any other factor that discriminates against a cognizable group in the jurisdiction other than those set forth in A. above.

6(C) The court should:

1. Instruct the jury on implicit bias and how such bias may impact the decision making process without the juror being aware of it; and

2. Encourage the jurors to resist making decisions based on personal likes or dislikes or gut feelings that may be based on attitudes toward race, national origin, gender, age, religious belief, income, occupation, disability, marital status, sexual orientation, gender identity, or gender expression.

American Bar Association House of Delegates Resolution 115, 2016

Resolved, That the American Bar Association urges all federal, state, territorial and local legislative bodies and governmental agencies to:

American Bar Association House of Delegates Resolution 113, 2016

Resolved, That the American Bar Association urges all providers of legal services, including law firms and corporations, to expand and create opportunities at all levels of responsibility for diverse attorneys; and

Further Resolved, That the American Bar Association urges clients to assist in the facilitation of opportunities for diverse attorneys, and to direct a greater percentage of the
legal services they purchase, both currently and in the future, to diverse attorneys; and

Further Resolved, That for purposes of this resolution, “diverse attorneys” means attorneys who are included within the ambit of Goal III of the American Bar Association.

American Bar Association House of Delegates Resolution 109, 2016

Resolved, That the American Bar Association amends Rule 8.4 and Comment of the ABA Model Rules of Professional Conduct as follows:

Rule 8.4: Misconduct

It is professional misconduct for a lawyer to:

• (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
• (b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;
• (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
• (d) engage in conduct that is prejudicial to the administration of justice;
• (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law;
• (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
• (g) engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law. This paragraph does not limit the ability of a lawyer to accept, decline, or withdraw from a representation in accordance with Rule 1.16. This paragraph does not preclude legitimate advice or advocacy consistent with these rules.

American Bar Association House of Delegates Resolution 102, 2016

Resolved, That the American Bar Association urges the President of the United States and United States Senators to emphasize the importance of racial, ethnic, disability, sexual orientation, gender identity and gender diversity in the selection process for United States Circuit Judges and United States District Judges and to employ strategies to expand the diversity of the pool of qualified applicants, nominees and appointees to the U.S. District Court and U.S. Circuit Court of Appeals, including without limitation, the use of diverse merit selection panels.

Further Resolved, That the American Bar Association urges the United States Circuit Courts of Appeals and the Circuit Judicial Councils to emphasize the importance of racial, ethnic, disability, sexual orientation, gender identity and gender diversity in the selection process for United States Bankruptcy Judges and to employ strategies to expand the diversity of the pool of qualified applicants, nominees and appointees to the Bankruptcy Court, including without limitation, the use of diverse merit selection panels.

Further Resolved, That the American Bar Association urges the United States District Courts to emphasize the importance of racial, ethnic, disability, sexual orientation, gender identity and gender diversity in the selection process for United States Magistrate Judges and to employ strategies to expand the diversity of the pool of qualified applicants, nominees and appointees to United States Magistrate Judge positions, including without limitation, the use of diverse merit selection panels.

Further Resolved, That the American Bar Association urges the Judicial Conference of the United States, federal courts, defender organizations, and the court support agencies to recognize the importance of racial, ethnic, disability, sexual orientation, gender identity and gender diversity in the hiring process and to expand the diversity of the pool of qualified employees in the Judicial Branch of the United States.

Further Resolved, That the American Bar Association urges its members to facilitate the selection of judges reflecting racial, ethnic, disability, sexual orientation, gender identity and gender diversity by identifying, encouraging, assisting, and mentoring qualified diverse candidates to seek selection as judges.

American Bar Association House of Delegates Resolution 116, 2016

Resolved, That the American Bar Association urges public companies in the United States to diversify their boards to more closely reflect the diversity of society and the workforce in the United States.

Further Resolved, That the American Bar Association urges public companies in the United States to adopt plans, policies and practices to diversify their boards and to include board composition in public disclosure materials.

Further Resolved, That the American Bar Association urges governments, investors and other market players to call on public companies in the United States to voluntarily adopt plans, policies and practices for achieving diverse boards and to publicly disclose such plans, policies and practices.

American Bar Association House of Delegates Resolution 107, 2016

Resolved, That the American Bar Association encourages all state, territorial, and tribal courts, bar associations and other licensing and regulatory authorities, that have mandatory or minimum continuing legal education requirements (MCLE) to modify their rules to:

1. include as a separate credit programs regarding diversity and inclusion in the legal profession of all persons regardless of race, ethnicity, gender, sexual orientation, gender identity, or disabilities, and programs regarding the elimination of bias (“D&I CLE”); and

2. require a designated minimum number of hours for this separate credit without increasing the total number of required MCLE hours and without changing the criteria for MCLE credit.

Further Resolved, That the American Bar Association, through its Goal III and other entities, assist in the development and creation of diversity and inclusion continuing legal education programs to ensure attorneys can meet their MCLE requirements.

American Bar Association House of Delegates Resolution 102, 2016

Resolved, That the American Bar Association urges state, territorial, local, and tribal legislatures to review all statutes criminalizing consensual noncommercial sexual conduct, in private and between persons who have the legal capacity to consent, and, to repeal or amend such statutes to ensure that such conduct is not made criminal.

Further Resolved, That the American Bar Association urges state, territorial, local, and tribal legislatures to repeal or amend any statutes, regulations, or policies that denigrate persons who engage in constitutionally protected sexual conduct.

American Bar Association House of Delegates Resolution 112, 2015

Resolved, That the American Bar Association recognizes that lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have the right to be free from attempts to change their sexual orientation or gender identity;

Further Resolved, That the American Bar Association urges all federal, state, local, territorial and tribal governments to enact laws that prohibit state-licensed professionals from using conversion therapy on minors; and

Further Resolved, That the American Bar Association urges all federal, state, local, territorial and tribal governments to protect minors, particularly minors in their care, from being subjected to conversion therapy by state-licensed professionals.

American Bar Association House of Delegates Resolution 109c, 2015

Resolved, That the American Bar Association recognizes freedom from domestic, dating and sexual violence and stalking and all other forms of gender-based violence as a fundamental human right.

Further Resolved, That the American Bar Association urges federal, state, territorial, local, and tribal governments to recognize freedom from domestic, dating and sexual violence and stalking, and all other forms of gender violence, as a fundamental human right, and to enact and adopt resolutions affirming the right of all women, men and children to live free from domestic, dating and sexual violence and stalking.

American Bar Association House of Delegates Resolution 109b, 2015

Resolved, That the American Bar Association urges federal, state, territorial, local, and tribal governments to enact civil protection order statutes regarding domestic, intimate partner, sexual, dating, and stalking violence that extend protection to Lesbian, Gay, Bisexual, and Transgender individuals.

American Bar Association House of Delegates Resolution 114b, 2014

Resolved, That the American Bar Association recognizes that lesbian, gay, bisexual and transgender (LGBT) people have a human right to be free from discrimination, threats and violence based on their LGBT status and condemns all laws, regulations and rules or practices that discriminate on the basis that an individual is a LGBT person;

Further Resolved, That the American Bar Association urges the governments of countries where such discriminatory laws, regulations, and practices exist to repeal them with all deliberate speed and ensure the safety and equal protection under the law of all LGBT people;

Further Resolved, That the American Bar Association urges other bar associations and attorneys in jurisdictions where there are such discriminatory laws or incidents of targeting of LGBT people to work to defend victims of anti-LGBT discrimination or conduct, and to recognize and support their colleagues who take these cases as human rights advocates; and

Further Resolved, That the American Bar Association urges the United States Government, through bilateral and multilateral channels, to work to end discrimination against LGBT people and to ensure that the rights of LGBT people receive equal protection under the law.

American Bar Association House of Delegates Resolution 104f, 2013

Resolved, That the American Bar Association urges federal, state, local, tribal and territorial governments to enact laws and regulations and to develop policies that assure that once an individual has been identified as an adult or minor victim of human trafficking, that individual should:

(a) not be subjected to arrest, prosecution or punishment for crimes related to their prostitution or other non-violent crimes that are a direct result of their status as an adult or minor victim of human trafficking;

(b) be offered housing appropriate for a victim;

(c) be provided appropriate protection, to include the individual’s family, if a threat to safety exists from the person or persons responsible for the trafficking or others; and

(d) be assured that their names and identifying information will not be disclosed to the public.

American Bar Association House of Delegates Resolution 104h, 2013

Resolved, That the American Bar Association urges federal, state, local, tribal, and territorial governments to aid victims of human trafficking by:

a) Enacting and enforcing laws and policies that permit adult or minor victims of human trafficking to seek to vacate their criminal convictions, for offenses related to their prostitution or other non-violent offenses that are a direct result of their trafficking victimization; and

b) Establishing and ensuring funding for programs designed to assist human trafficking victims who are seeking to vacate such convictions.

Further Resolved, That the American Bar Association urges legal service organizations, state and local bar associations, law school clinics, and other legal assistance providers to develop pro bono programs and provide pro bono representation to assist adult or minor victims of human trafficking in vacating convictions for offenses that are a direct result of their trafficking victimization.

American Bar Association House of Delegates Resolution 104g, 2013

Resolved, That the American Bar Association urges local, state, territorial, tribal and federal governments to enact legislation allowing adult or minor human trafficking victims charged with prostitution related offenses or other non-violent offenses that are a direct result of their being trafficked to assert an affirmative defense of being a human trafficking victim.

American Bar Association House of Delegates Resolution 114, 2012

Resolved, That the American Bar Association urges the Federal Bureau of Investigation to implement expeditiously the expanded definition of rape in the Uniform Crime Reporting Summary Reporting Program to include, regardless of gender or presence of force, all forms of non-consensual penetration of a vagina or anus and all forms of non-consensual penetration by a sexual organ of any orifice.

American Bar Association House of Delegates Resolution 109, 2011

Resolved, That the American Bar Association urges federal, state, territorial, local, and tribal governments to enact legislation and support appropriate funding to protect sexual crime victims’ rights by eliminating the substantial backlog of rape kits collected from crime scenes and convicted offenders through rape kit testing performed in accredited laboratories by qualified personnel and following standardized procedures and

Further Resolved, That the American Bar Association urges federal, state, territorial, local, and tribal governments to adopt policy and/or legislation supporting efforts to test every rape kit booked into police evidence, where testing may identify the unknown assailant, can confirm the presence of a known suspect’s DNA, corroborate a victim’s complaint or testimony, or exonerate innocent suspects, and requiring such testing be performed in accredited laboratories by qualified personnel and following standardized procedures.

American Bar Association House of Delegates Resolution 103a, 2011

Resolved, That the American Bar Association urges state, tribal, and territorial legislatures to aid minors who are victims of human trafficking by:

• a) Permitting their immediate protective custody as dependent children in suitable residential environments and, except in extreme and compelling circumstances, not charging children under the age of 18 with the crimes of engaging in prostitution or soliciting themselves, loitering with the intent to engage in prostitution, or status offenses that are incident to their trafficking situation;
• b) Amending juvenile dependency laws by:

• 1. Making suspicion of trafficking victim status a basis for mandated reporting to child protective services agencies and requiring their services, for both citizen and non-citizen children, through specialized child trafficking victim units; and

• 2. Requiring screening and risk assessment for trafficking victimization whenever a 
youth enters a runaway or homeless youth facility, juvenile justice system, or child welfare agency custody;
• c) Establishing programs of specialized short and long term safe housing, residential care facilities, and other services for prompt access by law enforcement, public health officials, and child protective services;
• d) Authorizing courts to issue and enforce protective orders prohibiting harassment or intimidation of child trafficking victims; and
• e) Providing a civil cause of action for child victims to receive compensation and services.

Further Resolved, That the American Bar Association urges state, tribal, territorial and local governments to ensure:

• a) Law enforcement, child protective services, and family and juvenile court training to address identification and risk assessment of child trafficking victims and the process of obtaining aid for the victims;
• b) Prompt health, mental health, substance abuse treatment, educational and vocational training, residential care, and other victim services;
• c) Those providing health, mental health, substance abuse treatment, education and vocational training, residential care, and other victim services report aggregate data on victims served to a designated state agency;
• d) When a child is missing from foster care or residential placement, immediate notification to federal, state, and local law enforcement, with annual aggregate reporting of this data; and
• e) Special attention in the development of programs to provide services for the unique needs of girls, boys, and gay and transgendered youth.

Further Resolved,That the American Bar Association urges Congress to enact legislation that:

• a) Enhances state, tribal, territorial, and local efforts to combat trafficking of minor children through supporting legal services to victims, shelter and rehabilitative care, and prosecution of adults who are trafficking in minor children; and
• b) Helps assure all non-citizen children who have been exploited for labor, services or commercial sex acts are properly identified as “victims of a severe form of trafficking in persons” as specifically authorized in federal law and:

• 1. Permits their immediate protective custody as dependent children in suitable residential environments and, except in extreme and compelling circumstances, not charging children under the age of 18 with the crimes of engaging in prostitution or soliciting themselves, loitering with the intent to engage in prostitution, or status offenses that are incident to their trafficking situation;

• 2. Mandates, and financially supports, data collection and reporting on their immigration relief eligibility and status;

• 3. Requires their prompt referral to local child protective services and other suitable provider(s) for services and support, identification of immigration relief options, and the right to communicate promptly with their national consulate;

• 4. Reimburses government entities, pursuant to existing authorization granted in federal law, for foster care costs related to services to children who are victims of human trafficking; and

• 5. Assures that their cross-border repatriation should only be accomplished through application of best practices developed by experts.
• c) Establishing programs of specialized short and long term safe housing, residential care facilities, and other services for prompt access by law enforcement, public health officials, and child protective services;
• d) Authorizing courts to issue and enforce protective orders prohibiting harassment or intimidation of child trafficking victims; and
• e) Providing a civil cause of action for child victims to receive compensation and services.

Further Resolved, That the American Bar Association urges the education of lawyers, judges and other justice system professionals regarding the legal issues pertaining to the trafficking of minor children, and urges state, tribal, and territorial legislatures, and bar associations, to improve laws addressing the trafficking of children, including the development and adoption of model or uniform anti-trafficking laws.

American Bar Association House of Delegates Resolution 107a, 2011

Resolved, That the American Bar Association urges federal, state, tribal, territorial, and local officials, to prevent and remediate the existence and dangers of bullying, including cyberbullying and youth-to-youth sexual and physical harassment, by

• (1) defining these acts and developing education programs to assist teachers, parents, and children in identifying victims and enhancing appropriate interventions,
• (2) analyzing existing laws and policies designed to prevent and respond to these acts and adopting and/or revising them as appropriate,
• (3) monitoring the effectiveness of measures to prevent these acts and fostering interventions successfully implemented to reduce and respond to them,
• (4) providing training,
• (5) reporting on collected data,
• (6) providing appropriate notice of bullying incidents to the families of involved youth,and having those families participate, when appropriate, in bullying prevention and intervention efforts, and
• (7) affording institutional protections particularly for those children at risk of these acts resulting from actual or perceived characteristics such as race, religion, national origin, sex, disability, sexual orientation, or gender identity.

Further Resolved, That the American Bar Association urges federal, state, territorial and local, officials and school administrators to adopt policies that discourage (1) inappropriate referral of youth to the juvenile justice system for acts of bullying and student-on-student harassment, and (2) inappropriate use of expulsion and out-of-school suspension for such acts.

Further Resolved, That the American Bar Association urges government, private, and academic institutions to fund programs, research and evaluation that addresses prevention of and responses to these acts, including efforts to study and enhance evidence-based, and culturally and linguistically competent approaches.

Further Resolved, That the American Bar Association urges all law enforcement agencies to cooperate with the FBI’s data collection program related to hate crimes committed by and against juveniles under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009.

American Bar Association House of Delegates Resolution 111, 2010

Resolved, That the American Bar Association urges state, territorial, and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible to marry.

American Bar Association House of Delegates Resolution 112, 2009

Resolved, That the American Bar Association urges Congress to repeal 1 U.S.C. § 7, which denies federal marital benefits and protections to lawfully married same-sex spouses.

American Bar Association House of Delegates Resolution 108, 2009

Resolved, That the American Bar Association supports the enactment of legislation and the implementation of public policy to enable a United States citizen or lawful permanent resident who: (1) shares a committed, intimate relationship with another adult individual of the same-sex; (2) is not married to or in any other legally- recognized partnership with anyone other than that individual; and (3) is unable to enter into a marriage with that other individual that is cognizable under the Immigration and Nationality Act, to sponsor that individual for permanent residence in the United States.

American Bar Association House of Delegates Resolution 104b, 2007

Resolved, That the American Bar Association urges federal, state, territorial, tribal, and local legislatures, government agencies, and courts to adopt and implement laws, regulations, policies, and court rules that promote the safety, well-being, and permanent placement of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth who are homeless or involved with the foster care system. These efforts should be based on the following guidelines:

1) Agencies providing housing or supportive services for youth who are homeless or in foster care, those placing youth in foster family homes, and courts should prohibit discrimination and be prohibited from discriminating based on a youth’s actual or perceived sexual orientation or gender identity.

2) Agencies providing housing or supportive services for youth who are homeless or in foster care, those placing youth in foster family homes, courts, attorneys, guardians ad litem, and court-appointed special advocates handling dependency or other legal cases involving the custody and care of youth should recognize the actual, and risk of, harm, violence, and harassment LGBTQ youth face in congregate care facilities and in-home placements and take steps to address and prevent this violence.

3) Agencies providing housing or supportive services for youth who are homeless or in foster care, those placing youth in foster family homes, and courts should conduct LGBTQ sensitivity training for all housing and supportive service staff, foster parents, and professionals handling dependency or other legal cases involving the custody and care of youth.

4) Agencies placing youth in foster family homes, courts, attorneys, guardians ad litem, and court-appointed special advocates handling dependency or other legal cases involving the custody and care of youth should take steps to ensure that LGBTQ youth remain safely and with healthy support in their homes of origin, where possible, and where it is not, that they are placed with LGBTQ-friendly foster families.

American Bar Association House of Delegates Resolution 115, 2007

Resolved, That the American Bar Association amend the Association’s Goal IX to state: 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.

American Bar Association House of Delegates Resolution 122b, 2006

Resolved, That the American Bar Association urges federal, state, local, and territorial governments to enact legislation prohibiting discrimination on the basis of actual or perceived gender identity or expression, in employment, housing and public accommodations.

American Bar Association House of Delegates Resolution 102, 2006

Resolved, That the American Bar Association opposes legislation and policies that prohibit, limit, or restrict placement into foster care of any child on the basis of sexual orientation of the proposed foster parent when such foster care placement is otherwise appropriate under the applicable law of the state, territory, or tribe.

American Bar Association House of Delegates Resolution 103d, 2004

Resolved, That to preserve the authority of the states and territories to regulate marriage under our federal system, the American Bar Association opposes any federal enactment that would restrict the ability of a state to:

(a) prescribe the qualifications for civil marriage between two persons within its jurisdiction; and

(b) determine when effect should be given to a civil marriage validly contracted between two persons under the laws of another jurisdiction.

American Bar Association House of Delegates Resolution 112a, 2003

Resolved, That the American Bar Association supports state and territorial laws and court decisions that permit the establishment of legal parent-child relationships through joint adoptions and second-parent adoptions by unmarried persons who are functioning as a child’s parents when such adoptions are in the best interests of the child.

American Bar Association House of Delegates Resolution 117a, 2002

Resolved, That the American Bar Association urges federal, state, territorial, and local governments to enact legislation, promulgate regulations, or tal^e other necessary action to ensure that an unmarried surviving partner who shares a mutual, interdependent, committed relationship with a victim of terrorism or other crime can qualify for crime victim compensation and assistance funds provided by that government to eligible spouses.

Further Resolved, That eligibility for such funds should be determined without reference to intestate succession laws and should not affect the operation of such laws.

American Bar Association House of Delegates Resolution 11.2, 2002

Amend §6.4(e) of the Constitution to read as follows:

§6.4 (e) A state or local bar association may not be represented in the House if its governing documents discriminate with respect to membership because of race, sex, religion, creed, color, national origin, ethnicity, age, persons with disabilities and/or sexual orientation.

American Bar Association House of Delegates Resolution 109b, 1999

Resolved, that the American Bar Association supports the enactment of laws and implementation of public policy that provide that sexual orientation shall not be a bar to adoption when the adoption is determined to be in the best interest of the child.

American Bar Association House of Delegates Resolution 116a, 1998

Resolved, That the American Bar Association urges the EEOC and Congress to provide resources sufficient to enable the Equal Employment Opportunity Commission to carry out its congressionally-mandated duties to investigate, conciliate and, where appropriate, take legal action to enforce laws prohibiting discrimination in an effective, fair and efficient manner.

American Bar Association House of Delegates Resolution 106, 1996

Resolved, That the American Bar Association supports federal, state and territorial legislation that protects the confidentiality of personally identifiable health information in either paper or electronic form.

Further Resolved, That such legislation should include individual privacy protections that ensure:

1) that individuals have the right to see, copy, and correct their personally identifiable health information and to delegate this right to others;

2) that disclosure of personally identifiable health information is not permitted without written authorization by the individual who is the subject of the information, except for the most compelling, limited, specific purposes, such as compliance with a proper discovery request or subpoena in a civil action, or, in the case of a law enforcement investigation, in response to a court order issued pursuant to Fourth Amendment warrant requirements; and

3) that parties who violate the law are subject to meaningful civil and criminal penalties and that a person aggrieved by a violation of the law has a private right of action.

Further Resolved, That the American Bar Association encourages, in the absence of legislative mandate, the parallel development of a code of fair health information practices, and such code should promote the confidentiality and protection against misuse of personally identifiable health information.

American Bar Association House of Delegates Resolution 10a, 1996

Resolved, That the American Bar Association urges state, territorial and local bar associations to study bias in their community against gays and lesbians within the legal profession and the justice system and make appropriate recommendations to eliminate such bias.

American Bar Association House of Delegates Resolution 123, 1995

Resolved, That the American Bar Association supports the enactment of legislation and the implementation of public policy providing that child custody and visitation shall not be denied or restricted on the basis of sexual orientation.

American Bar Association House of Delegates Resolution 116c, 1995

Resolved, That the American Bar Association:

a) condemns the manifestation by lawyers in the course of their professional activities, by words or conduct, of bias or prejudice against clients, opposing parties and their counsel, other litigants, witnesses, judges and court personnel, jurors and others, based upon race, sex, religion, national origin, disability, age, sexual orientation or socio-economic status, unless such words or conduct are otherwise permissible as legitimate advocacy on behalf of a client or a cause;

b) opposes unlawful discrimination by lawyers in the management or operation of a law practice in hiring, promoting, discharging or otherwise determining the conditions of employment, or accepting or terminating representation of a client;

c) condemns any conduct by lawyers that would threaten, harass, intimidate or denigrate any other person on the basis of the aforementioned categories and characteristics;

d) discourages members from belonging to any organization that practices invidious discrimination on the basis of the aforementioned categories and characteristics;

e) encourages affirmative steps such as continuing education, studies, and conferences to discourage the speech and conduct described above.

American Bar Association House of Delegates Resolution 106a, 1994

Resolved, That Standard 211 of the American Bar Association Standards for the Approval of Law Schools be amended to read as follows:

(a) The law school shall maintain equality of opportunity in legal education, including employment of faculty and staff, without discrimination or segregation on ground of race, color, religion, national origin, sex or sexual orientation.

(b) A law school shall not use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, sex or sexual orientation.

(c) The denial by a law school of admission to a qualified applicant will be treated as made 9 upon the ground of race, color, religion, national origin, sex or sexual orientation If the ground 10 of denial relied upon is

• (i) a state constitutional provision or statute that purports to forbid the admission of applicants to a school on the ground of race, color, religion, national origin, sex or sexual orientation; or
• (ii) an admissions qualification of the school that is intended to prevent the admission of applicants on the ground of race, color, religion, national origin, sex or sexual orientation though not purporting to do so.

(d) The denial by a law school of employment to a qualified individual will be treated as made upon the ground of race, color, religion, national origin, sex or sexual orientation if the ground of denial relied upon is an employment policy of the school which is intended to prevent the employment of Individuals on the ground of race, color, religion, national origin, sex or sexual orientation though not purporting to do so.

(e) This Standard does not prevent a law school from having a religious affiliation or purpose and adopting and applying policies of admission of students and employment of faculty and staff that directly relate to this affiliation or purpose so long as (1) notice of these policies has been given to applicants, students, faculty and staff before their affiliation with the law school, and (2) the religious affiliation, purpose or policies do not contravene any other Standard, including Standard 405(d) concerning academic freedom. These policies may provide a preference for persons adhering to the religious affiliation or purpose of the law school, but shall not be applied to use admission policies or take other action to preclude admission of applicants or retention of students on the basis of race, color, religion, national origin, sex or sexual orientation. This Standard permits religious policies as to admission, retention and employment only to the extent that they are protected by the United States Constitution. It shall be administered as if the First Amendment of the United States Constitution governs its application.

(f) Equality of opportunity in legal education includes equal opportunity to obtain employment. Each school should communicate to every employer to whom it furnishes assistance and facilities for interviewing and other placement functions the school’s firm expectation that the employer will observe the principle of equal opportunity and will avoid objectionable practices such as

• (i) refusing to hire or promote members of groups protected by this policy because of the prejudices of clients or of professional or official associates;
• (ii) applying standards in the hiring and promoting of such individuals that are higher than those applied otherwise;
• (iii) maintaining a starting or promotional salary scale as to such individuals that is lower than is applied otherwise; and
• (iv) disregarding personal capabilities by assigning, in a predetermined or mechanical manner, such individuals to certain kinds of work or departments.

American Bar Association House of Delegates Resolution 115, 1992

Be It Resolved, That the American Bar Association opposes any efforts by government to withhold funds from, or otherwise penalize, educational institutionsfor denying access to campus placement facilities to government employers who contravene university policies by discriminating on the basis of sexual orientation.

American Bar Association House of Delegates Resolution 10d, 1991

Resolved, That the American Bar Association supports the enactment of authoritative measures, requiring studies of the existence, if any, of bias in the federal judicial system, including bias based on race, ethnicity, gender, age, sexual orientation and disability, and the extent to which bias may affect litigants, witnesses, attorneys and all those who work in the judicial branch.

Be It Further Resolved, That the American Bar Association urges that such studies should include the development of remedial steps to address and eliminate any bias found to exist.

American Bar Association House of Delegates Resolution 10h, 1990

Resolved, That the American Bar Association support five year reauthorization of the National Endowment for the Arts with no restrictions on the content, the subject matter, message or idea of what the Endowment may fund.

American Bar Association House of Delegates Resolution 8, 1989

Be It Resolved, That the American Bar Association urges the Federal government, the states and local governments to enact legislation, subject to such exceptions as may be appropriate, prohibiting discrimination on the basis of sexual orientation in employment, housing, and public accommodations. “Sexual orientation” means heterosexuality, bisexuality, and homosexuality.

American Bar Association House of Delegates Resolution 110a, 1987

Be It Resolved, That the ABA condemns crimes of violence including those based on bias or prejudice against the victim’s race, religion, sexual orientation, or minority status, and urges vigorous efforts by federal, state, and local officials to prosecute the perpetrators and to focus public attention on this growing national problem.

American Bar Association House of Delegates Resolution 102, 1986

Be It Resolved, That the American Bar Association opposes the provision of federal financial assistance for institutions which discriminate in any of their operations on the basis of sex, race, color, national origin, age, or disability and supports enactment of legislation such as the Civil Rights Restoration Act of 1985 (H.R. 700) (S. 431), or similar legislation, which restores the principle of requiring non-discrimination throughout an institution receiving federal financial assistance.

American Bar Association House of Delegates Resolution 121, 1974

Whereas, Credit practices which discriminate on the basis of marital status or sex impose unreasonable and unnecessary barriers to economic opportunity.

Be It Therefore Resolved, That the American Bar Association supports passage of legislation, on the local, state and federal levels, which prohibit discrimination in credit practices, by creditors against individuals on the basis of sex or marital status; and,

Be It Further Resolved, That the president or his designee is authorized to present the substance of the foregoing resolution to appropriate committees of Congrees, departments of the government and state legislatures.