Port: Over 100 attorneys sign letter protesting North Dakota state bar distancing itself from LGBTQ seminar

MINOT — A letter signed by 129 lawyers is protesting the State Bar Association of North Dakota’s decision to distance itself from a continuing education seminar aimed at helping lawyers serve clients from the LGTBQ community.

The seminar was not canceled. It’s now being hosted by a legal aid nonprofit. Tony Weiler, the executive director for SBAND, announced that his association

had withdrawn as a sponosor of the event

due to an executive order signed by President Donald Trump targeting state bar associations, among other groups, for promoting diversity, equity and inclusion, or “DEI,” initiatives.

“We see no legitimate reason SBAND ended its involvement in hosting the CLE webinar,” the letter states.

“SBAND advertises and maintains CLE webinars on a variety of topics for the benefit of its members,” the letter continues. “We are deeply concerned with SBAND taking a political stance pursuant to a Federal Executive Order by removing a CLE aimed at serving the legal needs of LGBTQ+ North Dakotans. This type of CLE is no different than one aimed at serving the needs of the poor, the disabled, or other underserved groups.”

Among the signatories of the letter are some prominent names, including former U.S. Sen. Heidi Heitkamp, state ethics commissioner Murray Sagsveen, former U.S. House candidate Cara Mund, former U.S. Attorney Mac Schneider, former U.S. Attorney Tim Purdon and current state House Minority Leader Rep. Zac Ista.

“LGBTQ+ individuals deserve our respect. SBAND’s recent decision sends a disappointing message to our colleagues, our clients, and the community. It also calls into question what other important CLE topics or SBAND sections might be at risk. We request that SBAND reconsider its position, because a CLE addressing the legal needs of LGBTQ+ individuals certainly improves the practice of law,” the letter concludes.

Bismarck-based attorney Katie Winbauer organized the letter. “SBAND’s response was focused on an Executive Order targeting bar associations that promote DEI efforts. If members do not speak up, I am deeply concerned with how far this decision could go,” Winbauer told me. “I am proud to stand alongside 128 other attorneys from across the state who said ‘this is not acceptable.’”

By way of justifying its decision, SBAND has referred to an executive order

Trump signed on Jan. 21

that directs the creation of “A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated ‘DEI’ or otherwise) that constitute illegal discrimination or preferences.”

“As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars,” the order continues.

But the order doesn’t currently have the force of law. It is

currently enjoined

by a federal court in Maryland. What’s more, it’s not clear that SBAND receives any federal funding (Weiler has previously declined any further comment on this matter).

The association does have an official role in regulating North Dakota’s legal profession that is sanctioned by state government. Attorneys who operate in North Dakota must pay dues to the bar association. In 2015, SBAND was subject to a lawsuit from an attorney who objected to the use of mandatory dues payments in pursuit of political objectives, including opposition to a ballot initiative. Weiler has cited that case in defense of SBAND’s decision to distance itself from the LGBTQ seminar, but the situations seem dissimilar.

Using revenues from mandatory dues to take political positions is one thing, but the seminar at the heart of this controversy was a voluntary offering among a plethora of options North Dakota attorneys have available to obtain the continuing education credits their licensing requires.