The executive director of a Republican-linked non-profit wrote blog posts for an extremist organization in which he advocated so-called “conversion therapy”, the supremacy of biblical rules on marriage over “man-made law”, and expressed a general theocratic view that divine law as interpreted by US evangelical Christians trumps secular law.
The since-deleted posts by Mark Trammell – now executive director of the self-styled civil rights group Center for American Liberty (CAL) – were written for Liberty Counsel, dubbed an anti-LGBTQ+ extremist group by the Southern Poverty Law Center for its work “to ensure that Christians can continue to engage in anti-LGBT discrimination in places of business under the guise of ‘religious liberty’”.
The Guardian has previously reported on the financial relationship between CAL and CEO Harmeet Dhillon’s law firm, which a non-profit expert described as “problematic”, and the lack of transparency in the non-profit’s arrangements with a PR firm.
But CAL’s extremist links, and other CAL attorneys links to groups like the Proud Boys and the Claremont Institute, raise questions about the organization’s recent pivot to suits that seek to limit transgender rights.
Theocratic posts
It was while Trammell was working as director of public policy at another rightwing non-profit, Liberty Counsel Action, that Trammell wrote a number of blogposts for an affiliated organization, Liberty Counsel. Those posts, published in 2013 and 2014, have since disappeared from the organization’s website, but were exposed in a data breach of the organization’s website, and revealed now by the Guardian.
In a September 2013 post, Trammell complained about laws passed in California in 2012 and New Jersey in 2013 that were the first in the country to ban so-called “conversion therapy” or “reparative therapy”, a scientifically discredited practice whose practitioners falsely claim to be able to change the sexual orientation of same-sex-attracted people.
In the post, Trammell wrote: “In both California and New Jersey, by statute, licensed physicians are not permitted to provide reparative therapy to minors, under the age of 18, who struggle with an unwanted same-sex attraction and who desire such reparative therapy.”
He continued: “This restriction on therapy is a viewpoint-based content restriction aimed at silencing Christian views on human sexuality.”
In other posts, Trammell criticized Republicans for moves that in his view failed to acknowledge the supremacy of biblical over secular law, even if they were ostensibly defending conservative moral positions.
In a March 2014 post on efforts by Republicans including Ted Cruz and Mike Lee to limit the power of the federal government to enforce same-sex marriage in states where it did not yet exist, he wrote that the proposed Defense of Marriage Act was “not the answer”.
Rather, Trammell wrote, “as a component of the Natural Law, authored by God, the institution of marriage is beyond the ability of mankind to change. Simply put, it is a law given to us by God and since God’s ways are justice and His ways are higher than our ways.”
Further on in the post, Trammell continued his advocacy of theocracy, writing: “For one to state that the Tenth Amendment reserves the authority for states to define marriage according to the will of the citizens of that state is to say that the Constitution had authority over the Natural Law. Such a conclusion is contrary to the essence of the Natural Law and is contrary to Scripture.”
In a post that May, Trammell criticized the supreme court for its Town of Greece v Galloway decision that month, which upheld the right of the New York town’s board to open its meeting with a prayer, providing it did not exclude representatives of minority faiths from officiating in those prayers.
Whereas the court defined the prayers as “ceremonial” and intended to “place town board members in a solemn and deliberative frame of mind”, Trammell wrote that the prayers were to “invoke divine guidance in town affairs”.
He further wrote that the court was wrong in “concluding that the purpose of prayer is civic in nature and bifurcated from God”, adding that, “Legislative prayer is not about government; it is about God. Its purpose is not to solemnize the occasion or acknowledge religious leaders; it is to humble ourselves before God, seeking Him and His guidance.”
Neither Mark Trammell nor Liberty Counsel responded to emailed requests for comment.
Heidi Beirich is co-founder and chief strategy officer at the Global Project Against Hate and Extremism (GPAHE) and an expert on the North American and European far right.
In a telephone conversation, she said that Liberty Counsel was “crudely anti-LGBTQ” and that “everything the organization does is part of a crusade to strip LGBTQ people of their rights”.
On Trammell’s blogposts, Beirich said: “He essentially doesn’t believe in the separation of church and state,” and pointed to the view of the UN’s independent expert on gender and sexuality that conversion therapy “may amount to torture”.
Lawyer for the Christian right
Except for brief stints as a congressional intern and a county-level law clerk, Trammell has spent his entire career working for a string of rightwing organizations. They include Young America’s Foundation (YAF), where as assistant general counsel he secured Dhillon’s services in suing UC Berkeley over the university’s cancellation of a speech by the conservative firebrand Ann Coulter in 2017.
Much of his early career, however, was spent in the service of organizations that are directly affiliated or historically connected to Liberty University, an institution founded by the rightwing Baptist televangelist Jerry Falwell in 1971.
Falwell’s son, Jerry Falwell Jr, was president of Liberty from the time of his father’s death in 2007 until 2020, when he quit amid media reports of a long-running affair in which his business partner would have sex with his wife, Becki, while Falwell looked on.
Despite its former president’s outre personal life, Liberty’s honor code forbids students from “sexual relations outside a biblically ordained marriage, romantic displays of affection with a member of the same sex … and actions confirming denial of biological birth sex”.
Liberty Counsel was founded by Matthew Staver in 1989, when he was dean of Liberty University Law School, and it has pursued lawsuits advancing a Christian right agenda under the banner of religious liberty. Its anti-LGBTQ+ rhetoric and activism is the reason for the SPLC listing.
Liberty Counsel Action is a 501(c)(4) non-profit affiliated with Liberty Counsel, a 501(c)(3). According to US tax law, 501(c)(4) entities can engage in politically partisan activities and campaigning in a way that is prohibited to 501(c)(3) bodies.
Other extremist links
Other lawyers associated with CAL have their own history of extremist associations.
New Jersey-based Ron Coleman first met Dhillon at the 2019 Trump White House social media summit and joined her law firm in August 2020, according to a YouTube video posted by Dhillon Law.
He is currently representing the Proud Boys founder Gavin McInnes in a lawsuit against the SPLC over their listing of the all-male street-fighting fraternity as a hate group.
Coleman is also acted for extremist-friendly social media site, Gab and its founder Andrew Torba against Google, after the tech giant banned Gab’s app from its Play Store in the wake of the Unite the Right rally in Charlottesville, Virginia, in 2017.
Gab achieved infamy after Robert Bowers announced his murderous attack on the Tree of Life synagogue in 2018. Bowers was convicted on all charges related to that attack last week.
The Guardian emailed Coleman’s Dhillon Law address for comment but received no response.
On Coleman’s representation of McInnes and Gab, Beirich, the extremism expert, said that pursuing litigation was a “choice to affiliate with someone”, that McInnes is “absolutely a racist extremist” and the group he founded is a “white supremacist group”. She also described Gab as a “cesspool of hate”.
CAL board member Lee Cheng has worked on lawsuits against admission policies in San Francisco since the 1980s, first winning a case against affirmative action quotas in the city’s school district in 1994, then winning another case in 1994 after the San Francisco United School District tried to change selective admission policies at Lowell high school to a lottery.
He has advocated more broadly against affirmative action in education, including at a panel convened by the far-right Claremont Institute, where he appeared alongside the University of Pennsylvania law professor Amy Wax. UPenn attempted to withdraw Wax’s tenure this year over her long record of racist statements, including claims that “on average, blacks have lower cognitive ability than whites”.
The Guardian emailed Cheng to ask about his apparent criticisms of diversity issues, and his speaking engagement alongside Wax.
Cheng responded: “I’m not sure why you would conclude that I say that diversity initiatives are bad. I think racial discrimination is bad. I’ve never said diversity per se, defined as diversity of experience and perspectives, are bad.”
Cheng added: “Diversity initiatives are good as long as they do not use race determinatively and predominantly to favor or disfavor any race.”
Dhillon, meanwhile, has spread baseless conspiracy theories about the attack on Paul Pelosi last October, joined election-denying legal efforts by Donald Trump and Kari Lake, and has been acting for far-right media figure Tucker Carlson since his ouster from Fox News.
Beirich described Dhillon’s associations as “palling around with extremists”.
