ALPHONSO DAVID OF THE HRC: INCLUSIVITY IN LEGISLATION
Photo courtesy of Leigh Frany
Alphonso David is the President of the Human Rights Campaign and an attorney who served as the chief counsel to Governor Andrew Cuomo. An openly queer man working in the legal field, he plays an active role in managing legislation in protection of the rights of the LGBTQ+ community. He believes in equality and safety under the law, and has enacted constructive change for the underrepresented.
LTA: So starting off, could you just introduce yourself and explain what you do?
My name is Alphonso David. I am the Chief Counsel to Governor Andrew Cuomo, the governor of New York. What that means is I am the chief legal advisor to the governor on all legal issues affecting the state. I manage all legislation the governor advances and all legislation the legislature passes. My office also oversees all regulations that are advanced by any agency in the state. Further, my office oversees administrative reforms, as well as decision-making on all litigation filed against the state.
LTA: Okay, perfect. And could you also just describe some of the work you've done for or involving the LGBTQ+ community?
It is probably helpful to give you a little bit of an arc. In the mid 1990s, I worked at the Whitman Walker Clinic as a volunteer primarily helping women and people living with HIV apply for benefits - specifically, SSI, which is social security insurance and SSDI, which is social security disability insurance. After law school and after working at a law firm, I worked at Lamda Legal, which is a not- for-profit organization that works on behalf of LGBT people and litigates cases around the country. I litigated the marriage case here in New York. I also litigated employment discrimination cases, public accommodation cases and other matters. I subsequently worked at the Attorney General's office prosecuting cases and, at the governor's office, I was lucky enough to be one of the people who worked on the marriage equality law. I helped draft that piece of legislation in New York. I have also worked on promulgating regulations to protect transgender people from discrimination and restrict the practice of conversion therapy in New York.
LTA: Speaking of that, you mentioned the gender expression nondiscrimination act and the conversion therapy ban. How does it feel to be a part of these really progressive efforts?
It is certainly rewarding. We have been working on those two pieces of legislation, GENDA and Conversion Therapy for some time. During the past eight years, we have faced many obstacles advancing these two pieces of legislation. As a result, the governor directed several agencies to issue regulations to protect transgender people from discrimination, as well as to restrict the practice of conversion therapy. After working on these issues for so long it is incredibly rewarding to see these pieces of legislation signed into law and appreciate the impact that it will have. Sometimes, when we work so intensely on legislation or policy, we may lose sight of the fact that there are real people and real lives that these polices affect. So it is heartwarming, it is rewarding, to have worked on these issues for so long to see that they are now going into effect; they are going to truly benefit the people that have been disenfranchised for so long.
LTA: You're also described as the first black man and the first openly gay man to serve as the Chief Counsel to the Governor of New York. How do you think your identities impact your work?
I think we all bring our personal experiences to our work. The fact that I am a black man and I am a gay man means that I have certain experiences that are unique to those identities. I bring those experiences to the table when I am negotiating pieces of legislation, when I am litigating cases, when I am helping to draft regulations, or when I am responding to crises. And, there is a level of empathy that I bring to the table, because of those experiences. But I never lose my objectivity. We can never lose our objectivity, because it compromises credibility. So it goes without saying that I am extremely grateful and proud to be the first black man and the first gay man to serve in this role but, taking on this job comes with a significant amount of responsibility; a level of responsibility to do it right for the people of the State of New York, but also to do it right for me. I have a responsibility to myself to make sure that the work that I am doing furthers the interest of all people and particularly people that have been disenfranchised for such a long time.
LTA: Going off of that, what is, or was, it like to navigate the legal field as a member of the LGBTQ community?
I did not live as an openly gay man when I started practicing law. And when I first started practicing law, I saw the inherent bias in the law and its application for quite some time. For example, when I was in law school, I had the chance to read Bowers v. Hardwick. I was horrified that the principles of due process and equal protection, as applied in that case, were effectively subverted. The court defined the question presented in a way that treated gay people as criminals. And a few decades later we defined the question under Lawrence v. Texas. As a gay man being in the legal profession, I have seen how the law has been manipulated to disenfranchise people - to devalue them. I have also seen the arc change with fair and effective advocacy from many people. Internationally and nationally, the landscape is changing. The LGBT community is slowly obtaining the level of recognition and validity that it deserves. But it has been a hard struggle. It has been a long battle, and it continues. I do not think we should forget the fact that there are certain parts of this country where people can still be fired because they are LGBT. There are certain parts of this country with laws on their books that actively discriminate against people based on their sexual orientation or their gender identity. We have made significant progress, but we have a lot of work to do.
LTA: And do you have any advice for any LGBTQ+ youth hoping to go into a similar profession?
Understand your capacity, understand your value, and master self-control. Always, always, always prepare and always prepare to win - and not necessarily for yourself. But, if you are operating outside of a myopic paradigm, if you are working for the interests of others, I think you will always find rewards in the process.
LTA: What do you think is one of the biggest problems facing the LGBTQ+ community today? And, additionally, do you think there is any way we can go about solving it?
That is an interesting question. There are many issues that are facing the LGBT community and I do not want to focus on any one issue because, in doing so, it suggests that that issue is more important than other issues facing the community. Some would argue surrogacy is an important issue; others will argue poverty is an important issue; others would argue that hate crimes cause a significant problem. I think all of them are significant issues. What I tend to think about, when I think about the next horizon for the LGBT community – at least in this country because the LGBT community outside of the United States face significant hurdles that we do not see here -- is, as the LGBT community continues to assimilate into the larger population and obtain the necessary protections that we deserve, and have deserved for so long, we should always remember to celebrate what makes us unique. Because we will get there at some point; where we are treated equally under all aspects of the law. And when we get there, I want to make sure that we continue to celebrate what makes us unique. And I think that will be a challenge - which is common when groups of people assimilate into a larger culture. I hope that we can remember to continue to celebrate what makes LGBTQ people unique.
LTA: Going back to you, what would you say your personal journey with your LGBTQ+ identity has been like?
I have confronted a fair amount of adversity in my life. Many other people have as well. And I think that adversity has helped to build and refine my character. It has also helped to refine my priorities, define my work, and develop my character. As I think about the impact I would like to have, I continue to think about how important it is to be courageous. There are a few people that are in positions of power and there are few people in positions like mine who are able to utilize their power for good. I try to be bold and courageous and I try to advance the interests of all people in my work and build awareness. Because more often than not, there is a lack of awareness; we are operating from a place of dissension and from a place of division.
It is important to always think about the commonalities. And in doing so, building awareness and increasing the appreciation for the commonalities that we have.
LTA: I think you kind of just touched on this but, my final question is: what impact do you hope to have?
I would like to have impact. I do this work in order to impact the lives of everyday people. That is why I do what I do. And impact can sometimes be on a smaller scale and sometimes it can be on a very large scale. The key is: how do you change people's lives for the better? How do you use the law? How do you use policy? How do you advance proposals and initiatives to help transform the landscape so people can be treated better? I hope I have had that kind of impact. Working on a variety of things, I think I have. I am hoping that, as I continue this work and into the future, I will continue having an impact: an impact for good and positive change.
Written by Adelaide Graham and Morgan J. Lee
Edited by Serene De Sisso
April 2019