A Legacy of Inclusion: Mintz’s Commitment to LGBTQ+ Rights

Mintz attorneys and staff have spent over 30 years advocating for the rights of LGBTQ+ colleagues and the larger LGBTQ+ community. By fostering an inclusive workplace, supporting vital legal recognition, engaging in landmark litigation, and providing strategic guidance to health organizations, Mintz continues to lead the charge in promoting LGBTQ+ rights.

Foundations of Inclusivity

Kim V. Marrkand, Founder and Co-chair of the firm’s Insurance Group Practice, recalls joining the firm in 1991 when the LGBTQ+ community was small and largely consisted of a few lawyers and professional staff. Together with former Mintz Member and alum Steve Weiner, they founded the Lavender Brunch in 1993, a safe space for firm LGBTQ+ lawyers and employees during a time when coming out was fraught with fear. These brunches, held at Steve’s and Kim’s homes, provided a sanctuary where all LGBTQ+ lawyers and employees could gather without apprehension, fostering a sense of community and support. These initial gatherings included around 30-35 individuals, whom Kim and Steve personally reached out to knowing they were out. The primary agenda was to provide a welcoming and safe space to support a growing community within the firm.

“Congratulations to everyone who has worked so hard – and long – to extend the welcome mat to the Mintz LGBTQ+ community. I’m honored to have been a member of the team.”

Kim V. Marrkand, Founder and Co-chair of the Insurance Group Practice

Their efforts evolved to extend beyond internal support, working with Massachusetts legislators for equal rights long before equal marriage was widely accepted. In the mid-1990s, they began collaborating with former Of Counsel and Attorney General Francis X. Bellotti to advocate for legislative change. Having served three terms as the attorney general from 1975 until 1987, Mr. Bellotti opened doors for Kim and Steve at the statehouse, where they met regularly with key legislative committees to advocate for domestic partner legislation and recognition of domestic partner rights, including health care benefits. This was a groundbreaking achievement at a time when such rights were not widely recognized, let alone protected.

Advocating at the Highest Levels

Building on their important early work, Mintz has since played a crucial role in several landmark Supreme Court cases. For example, in 2018, the firm partnered with the National Queer Asian Pacific Islander Alliance (NQAPIA) to draft an amicus brief urging the Supreme Court to uphold the Deferred Action for Childhood Arrivals (DACA) policy. This brief, which was filed in 2019, highlighted the unique vulnerabilities faced by LGBTQ+ DACA recipients, particularly those from Asian Pacific Islander backgrounds, who could face severe discrimination and violence if deported. Mintz’s involvement in this case was crucial in safeguarding the futures of LGBTQ+ DACA beneficiaries, who contribute significantly to American society and would face irreparable harm if forced to return to their countries of birth. The Mintz team that drafted and filed the brief, and served as counsel for the amici curiae, included Member and Chair of the firm’s Pro Bono Committee Sue Finegan, Members Kaitlyn Crowe, Meredith Leary, Marguerite McConihe, and Mathilda McGee-Tubb, Special Counsel Angel Feng, Associate Geoffrey Friedman, and former Associates Sandra Badin, Jason Burrell, and Rithika Kulathila.

In 2020, the firm contributed to the Supreme Court ruling in Bostock v. Clayton County, which determined that Title VII of the Civil Rights Act of 1964 protects LGBTQ+ employees from employment discrimination. Mintz authored an amicus brief in support of plaintiff Aimee Stephens, the lone transgender employee in three consolidated cases. The firm worked alongside nearly 40 leading scholars in the law and history of transgender rights, and in collaboration with GLBTQ Legal Advocates & Defenders (GLAD) and Freedom for All Americans. Together, they urged the Supreme Court to interpret Title VII as protecting against discrimination based on sexual orientation and gender identity. Mintz alum and former Member Drew DeVoogd led the pro bono team, which included Sue Finegan and former Associates Gauri Punjabi, Donald Davis, and Tiffany Knapp, along with critical support from several professional staff.

Fighting for access to lifesaving HIV medication, Mintz has been at the forefront of ensuring access to HIV pre-exposure prophylaxis (PrEP), a breakthrough medication that reduces the viral load of HIV nearly to zero. In the spring of 2023, Mintz collaborated with GLAD again to file an amicus brief with the Fifth Circuit. This case challenged the mandate requiring insurers to cover PrEP completely. Of Counsel Kate Stewart guided the team’s research, employing public health data and historical context to highlight the critical need for accessible PrEP. The brief argued that allowing cost-sharing would lead to thousands of additional HIV cases and billions of dollars in health care costs. The Mintz team included Drew DeVoogd and Sue Finegan, Associate Courtney Herndon, and former Associate Katharine Foote, Summer Associate Brooke Siegal (who is now a Mintz Law Clerk), and former Project Analysts Rachel Wang and Shaina Sikka.

Strategic Partnerships and Pro Bono Engagement

Beyond litigation, Mintz provides strategic regulatory guidance to organizations that serve the LGBTQ+ community. One notable partnership is with Folx Health, a company dedicated to providing lifesaving, gender-affirming care to LGBTQ+ individuals across the United States. Mintz has been a trusted advisor to Folx Health, assisting the company as it expanded from its initial launch to nationwide services. This support ensures that LGBTQ+ individuals have access to essential health care, furthering Mintz’s commitment to equality and well-being.

Mintz also strives to improve DEI efforts in the local community through its pro bono efforts. The firm has supported the University of San Diego School of Law’s Name and Gender Marker Change Clinic, assisting transgender and non-binary individuals in legally changing their names and gender markers on official documents. To date, this initiative has provided vital legal support to over 1,100 clients. Mintz Associates Valerie Phan, Lorena Niebla, along with former Mintz Associate Pooja Pujara and Project Analyst Matthew Tikhonovsky, have been instrumental in this effort, offering supervision and oversight during the clinic sessions. Participants receive guidance on changing other identity documents, such as social security cards, driver’s licenses, and passports.

Attorneys like Steve and Kim have been instrumental in creating and nurturing an inclusive culture for Mintz’s LGBTQ+ community.  Both were also instrumental in helping to create the first LGBTQ+ group within the firm, which has since evolved into Mintz Pride. With the support of firm leaders Bob Popeo and current Managing Member Bob Bodian, visibility and support within the firm have grown. This evolution has marked a significant cultural shift, promoting greater inclusivity and support for LGBTQ+ employees.

Trailblazing to Today

Mintz’s efforts to create an inclusive workplace have been consistently recognized in the community. The firm has achieved a top score on the Human Rights Campaign Foundation’s Corporate Equality Index for LGBTQ workplace equality for 16 consecutive years. This accolade reflects the firm’s comprehensive policies, benefits, and practices that ensure a welcoming and supportive environment for LGBTQ+ employees.

Mintz continues to dedicate time and resources to LGBTQ+ advocacy through internal initiatives and community outreach efforts. On June 8, Mintz employees marched in the Capital Pride Alliance Parade. The 24-strong group included Members, Associates, Summer Associates, Project Analysts, professional staff, interns, clients, friends, and family, featuring Sherwet Witherington, Payton Thornton, Ali Dobosu, Dennis Tonic, Melissa Hughes, Angela Kung, Rachel Alexander, Raj Gambhir, Matt Tikhonovsky, Sam Lyons, and Miranda Waltz-Peters. Participants marched along the 1.8-mile route, walking south on 14th Street, and ending at the National Archives Building on Pennsylvania Avenue. This successful march set the tone for next year’s WorldPride, which will also be held in DC.

Mintz Pride also organizes monthly gatherings to foster greater camaraderie across offices. In 2022, Mintz Pride launched a bimonthly book club, exploring themes and works by LGBTQ+ authors. Additionally, the group produces quarterly internal newsletters. Beyond internal events, Mintz Pride hosts a biannual Speaker Series, bringing in speakers to discuss issues important to the community. Looking ahead, Mintz Pride is committed to creating a safe and inclusive space for all, with a particular focus on supporting transgender and non-binary individuals. As the concept of identity continues to evolve, Mintz aims to continually cultivate an environment of support and acceptance.

“I’m incredibly proud of the work our team has done to foster inclusion. Our focus now is to continue championing the rights and visibility of our transgender and non-binary community members.”

Suman Chakraborty, Mintz Pride Co-chair

The firm’s legacy of LGBTQ+ advocacy is one of courage, dedication, and progress. The firm’s history of advocacy, spearheaded by dedicated Members like Kim Marrkand, Steve Weiner, and Suman Chakraborty serves as an inspiration for the broader legal and LGBTQ+ communities.