{"version":1,"type":"rich","provider_name":"Libsyn","provider_url":"https:\/\/www.libsyn.com","height":90,"width":600,"title":"Advocacy for Gender & Reproductive Justice","description":"   On this episode, the fifth installment of our eight-part, issue-specific series, we\u2019ll explore how nonprofits can boldly and safely advocate for gender and reproductive justice. We\u2019ll review recent policy developments and discuss how nonprofits can respond through legislative, executive, and judicial branch advocacy. Join us as we break down the rules and share recent examples of how nonprofits are advancing gender and reproductive justice.     Attorneys for this episode\u202f\u202f  Quyen Tu  Brittany Hacker  Melissa Marichal Zayas    Shownotes  Gender and Reproductive Justice Headlines  Executive Branch Actions  Since taking office, President Trump has signed several sweeping executive orders that undermine the rights of transgender people and women and reduce access to reproductive health care.   These include, for example, orders that terminate federal diversity, equity, and inclusion programs; rescind executive orders that expanded access to reproductive health care; ban transgender people from serving in the military; limit coverage for gender-affirming care; and require federal agencies to recognize only two, \u201cnot changeable\u201d sexes.  The DOJ has announced that, outside of extraordinary circumstances, it will stop enforcing the Freedom of Access to Clinic Entrances Act, a law that protects reproductive clinic staff from violence and harassment.   HHS Secretary Robert F. Kennedy Jr. has directed the FDA to review its approval of the medication abortion pill Mifepristone.   We\u2019ve also seen major funding cuts across several agencies. HHS, for example, has terminated NIH grants focused on LGBTQ+ health issues and frozen millions of dollars of Title X funds, which help provide reproductive health services in low-income communities.    Litigation  Many nonprofits, as well as state attorneys general, have filed lawsuits challenging the executive orders that seek to curtail LGBTQ+ rights and DEI initiatives.   In February, for example, a group of several civil rights nonprofits, along with Crowell & Moring LLP, filed a lawsuit on behalf of Chicago Women in Trades to challenge the Trump administration\u2019s anti-DEI executive orders. As a result, a federal court has temporarily blocked the Labor Department from requiring Chicago Women in Trades and other federal contracts or grant recipients to certify that they don\u2019t operate any programs that violate Federal anti-discrimination laws, which one of these EOs would require.   Many other provisions of these EOs, however, remain in effect as the cases make their way through the courts.   The National Council of Nonprofits has a continuously updated chart\u202ftracking executive orders that impact nonprofits and their current legal status. Just Security has an even broader resource that is tracking all legal challenges to Trump administration actions.    Legislation  Congress is currently considering deep cuts to Medicaid. These proposed cuts would lead to an estimated 8 million Americans becoming uninsured, and would eliminate all federal funding to Planned Parenthood, including funding for preventative health screenings and testing. Proposed budget cuts would also further restrict transgender peoples\u2019 access to gender-affirming care.   In Missouri, the state legislature recently approved a new ballot referendum that, if passed, would repeal last year\u2019s voter-approved constitutional amendment guaranteeing a right to abortion. This ballet referendum will appear on the ballot in November of 2026 or earlier if Missouri\u2019s governor calls a special election.     What can 501(c)(3)s do to respond?   As a reminder, 501(c)(3)s cannot support or oppose candidates for elective public office. This means they can\u2019t engage in activity that helps or hurts the chances of a candidate winning an election.  But here\u2019s what they can do: They can engage in an unlimited amount of non-lobbying advocacy, and they can engage in a limited amount of lobbying.    Non-Lobbying Advocacy   Educate the public about issues of importance to your organization  The Center for Reproductive Rights\u2019 tool,\u202fRepro Red Flags: Agency Watch, which\u202ftracks key Trump administration appointments and actions related to reproductive health.   PFLAG is tracking and reporting on federal and state legislation and litigation impacting the LGBTQ+ community through its weekly Policy Matters Newsletter and Executive Orders Explainers and Resources web page.  The National Women\u2019s Law Center has released a report highlighting how the cuts would impact women and LGBTQ+ individuals.  Engage in administrative advocacy  A March letter sent by Equal Rights Advocates and several other civil rights organizations to Acting EEOC Chair Andrea Lucas urges her to immediately withdraw a series of letters and guidance documents pressuring employers to abandon DEI programs.   Hold a rally  In April, the Coalition for Inclusive Schools & Communities, Live in Your Truth, and the Montgomery County Pride Family held a  rally in support of inclusive education outside the U.S. Supreme Court during oral arguments in Mahmoud v. Taylor.  Initiate or participate in litigation  In May, a Michigan state court permanently struck down three of Michigan\u2019s abortion restrictions, agreeing with Northland Family Planning Centers and Medical Students for Choice\u2014two nonprofits plaintiffs represented by the Center for Reproductive Rights\u2014that the restrictions violate the state\u2019s constitutional amendment.  Fund advocacy  Public and private foundations can fund advocacy through general operating grants or specific project grants.    Lobbying  501(c)(3) public charities can engage in lobbying, but they are limited in how much lobbying they may engage in.  Under the federal tax rules, most public charities can choose between two tests to determine how much lobbying they can engage in: the insubstantial part test or the 501(h) expenditure test.  Under either test, lobbying includes attempts to influence legislation at any level of government. The exact activities that will count as lobbying will depend on which test the organization uses.   When engaging in lobbying, remember to track and report your lobbying on your annual Form 990, stay within your lobbying limits, and use unrestricted funds.   In addition to the tax rules, federal, state, or local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy. These requirements vary by state and city, so make sure to confirm the types of activities and thresholds that trigger reporting in the jurisdictions where you are lobbying.   The IRS considers ballot measure advocacy a form of direct lobbying because the voters act as legislators when they vote to approve or reject a ballot measure, but keep in mind that your organization may also be required to register and report on ballot measure activity under state or local campaign finance laws.  Since 2022, 501(c)(3) public charities have helped to pass ballot measures that establish a right to abortion in eleven states.    Resources  The Advocacy Playbook for Gender and Reproductive Justice  Public Charities Can Lobby (Factsheet)  What is Advocacy? 2.0 (Factsheet)  Administrative Advocacy: Influencing Rules, Regulations, and Executive Orders (Factsheet)  What Nonprofits Needs to Know About Lobbying in Your State    Understanding the Federal Lobbying Disclosure Act (Factsheet)  Investing in Change: A Funder\u2019s Guide to Supporting Advocacy  ","author_name":"Rules of the Game: The Bolder Advocacy Podcast","author_url":"https:\/\/afj.org\/podcast","html":"