Clifford Chance Will Help Challenge Anti-LGBTQ Laws
The new pro bono project is spearheaded by Clifford Chance's global head of inclusion, Tiernan Brady, who was the leading voice behind the legalization of same-sex marriage in Ireland and Australia.
October 17, 2019 at 01:45 PM
4 minute read
Clifford Chance is partnering with the nonprofit Human Rights Campaign in a pro-bono project focused on advocating for LGBTQ equality throughout the world.
Firm attorneys will assist HRC lawyers in writing and analyzing legislation and regulations, directing and drafting amicus briefs and advising legislators on legal issues related to LGBTQ equality.
The project is spearheaded in part by Tiernan Brady, whom Clifford Chance brought on earlier this year to lead the firm's global inclusion efforts. Brady, a prolific campaigner and activist who helped bring marriage equality to Ireland and Australia, says he hopes the collaboration will be a long-term endeavor.
From his point of view, campaigning and affirmatively defending LGBTQ rights through a partnership like this is the next iteration of what it means for a global company or firm to support LGBTQ people.
"There was a time in the 80's, 90's when simply saying you support LGBTQ people was a victory," he says. "We've moved past that now, and the enunciation is not enough."
In 2015, Brady was the leader and political director of the "Yes" campaign in Ireland, which sought to legalize same-sex marriage in the country. In that capacity, he registered more than 20,000 voters—one of the most successful voting drives in the country's history. Ireland voted to legalize same-sex marriage in May of 2015 with 62% voting yes.
The following year, Brady moved to Australia to again stump for marriage equality. He launched the Equality Campaign and worked as the organization's director. He was again successful. Nearly 62% of Australians indicated their support for same-sex marriage in a nonbinding postal survey. The Australian parliament passed legislation to make the voter's will law in December 2017.
Now, Brady oversees inclusion efforts at Clifford Chance, as global head of inclusion for the firm. But he finds himself in the thick of a campaign again—this time marrying activists and a global law firm.
"Campaigning is a drug. You just can't escape it," Brady said. "Winning change is even more so a drug."
Clifford Chance already has a strong track record defending LGBTQ rights. In Singapore, where homosexuality is still criminalized, the firm's Formal Law Alliance partner, Cavenagh Law LLP, successfully persuaded the High Court to allow a gay man to adopt his son, who was conceived through surrogacy in the United States. In addition, Cavenagh Law's attorney Jordan Tan is representing a client who is challenging the constitutionality of the law that criminalizes homosexuality in the country.
In the U.K., the firm is appealing a court decision that barred the government from handing out nongendered passports.
The relationship between Brady and HRC go back to his campaigning days. He worked extensively in Ireland and Australia with Ty Cobb, director of HRC global. He has known the current president, Alphonso David, since before he led the nonprofit.
Last week, HRC announced it is partnering with six big law firms to "combat the relentless attacks on LGBTQ equality by the Trump-Pence administration." Partner firms include Akin Gump Strauss Hauer & Feld, Baker & Hostetler, Linklaters, Sidley Austin, Steptoe & Johnson and Winston & Strawn.
Clifford Chance is the sole firm coordinating the international litigation effort.
Clifford Chance and the HRC are in a scoping phase now. Brady said the firm wants to make sure their partnership isn't just a sporadic ad hoc defense. He hopes that soon the firm and HRC will be working together in several countries concurrently, with a rolling case list. The firm has already gotten a big response from its lawyers and there's a thirst to be involved in this work, Brady said.
"I always think the great campaigns in the world create doorways for other people to become activists," he says. "I think this is so great that there are so many attorneys who can get involved."
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