The attack that took place yesterday at Fort Hood was utterly horrifying, and Americans of all stripes are holding the victims of the violence in their thoughts and prayers.
That the perpetrator of the attack was deeply disturbed is obvious, but it’s also been widely reported that he is a practicing Muslim.
If he were a Christian, no one would use the incident to spread suspicion of Christians, but because of deeply ingrained cultural misunderstanding of Islam, some commentators are pushing the lie that Nidal Malik Hasan’s reprehensible actions should in some way reflect on all Muslims.
While the facts of the case are still being established, some commentators have latched onto the suspect’s name and religion and used them to impugn the characters of all Muslim Americans. That’s unacceptable. All Americans are united in condemning this violence, and it would be horrific if this incident was used to sow divisiveness and discord.
Our friends at the Council on American-Islamic Relations (CAIR) put out a press release that should have been entirely unnecessary, but which should clear up any lingering misconceptions:
We condemn this cowardly attack in the strongest terms possible and ask that the perpetrators be punished to the full extent of the law. No religious or political ideology could ever justify or excuse such wanton and indiscriminate violence. The attack was particularly heinous in that it targeted the all-volunteer army that protects our nation. American Muslims stand with our fellow citizens in offering both prayers for the victims and sincere condolences to the families of those killed or injured.
Yesterday’s shooting was a tragedy, and the proper response is sympathy for the heartbreaking ordeal the Fort Hood community is going through. Not intolerant attacks on fellow Americans.
With right wing candidates winning both Virginia and New Jersey's gubernatorial elections, the Far Right is gleefully portraying these victories as a national repudiation of President Obama - and a foreshadowing of crushing defeats for progressives in 2010.
But it doesn't take a rocket scientist to see that's nonsense.
Go back eight years, to when George W. Bush was in his first year of office like Obama is today. In November of 2001, Democratic gubernatorial candidates in both Virginia and New Jersey handily won their elections, shifting party control of the governor's mansion in both states. What did this tell us about GOP weakness in the next year's midterms?
The same month that Democrats won in Virginia and New Jersey, Bush was at the height of his popularity, scoring approval ratings in the mid-to-high 80s. And in the 2002 midterms, he parlayed that popularity into stunning successes for the Republicans in both the Senate and the House.
So what do the results of this year's races tell us about 2010?
In many ways it was a very good week for anyone interested in LGBT equality. Marriage equality legislation took a big step forward in the District of Columbia, federal hate crimes legislation was signed into law after a decade long fight, and today the President reauthorized the Ryan White Act and announced that he would take the final steps to rescind the HIV travel ban. So it’s too bad that the week ended on a disappointing note.
In a brief filed today in federal court, the DOJ moved to dismiss the challenge against DOMA lodged by the state of Massachusetts on behalf of the legally married same-sex couples in the state who are nevertheless being denied federal benefits.
To be clear: Massachusetts is right in this case and the DOJ is wrong. DOMA is unconstitutional and should be struck down.
But the brief (much like most of the other briefs we’ve seen) took pains to point out that the President is defending the law not because he likes it, but because he’s compelled to. In fact, the brief points out, the President is opposed to DOMA and supports its repeal.
Great. Let’s do that.
It’s time for the President to make clear that repealing DOMA is a priority, and that his support is more than lip service. No one expects repeal to be immediate, but it won’t happen without Presidential leadership.
Then we can have good weeks, that are just plain old good weeks.
(If you want to push the process forward, don’t forget to sign our Dump DOMA petition.)
It was a thrill to be at the White House celebrating the historic enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. And now hot off the presses is this memo from Tom Perez, the Assistant Attorney General in charge of the Civil Rights Division, demonstrating how seriously the Justice Department takes its charge under this law. It';s addressed to U.S. Attorneys around the nation encouraging their active participation in delivering on Attorney General Holder's steadfast commitment to vigorous enforcement of the Act and to "develop[ing] ways that the Justice Department can educate communities about the new law and prevent hate crimes from occurring in the first place."
Last week we mentioned the anti-Muslim witch hunt that some members of Congress wanted to start against, of all people, Congressional interns.
And yesterday People For President Michael B. Keegan wrote about the chilling resurgance of McCarthy-like tactics coming from the Right Wing.
But we'd be remiss in failing to point out another Congressman standing up for religious liberty and against anti-Muslim bigotry. Representative Keith Ellison, himself the first Muslim-American member of Congress, took to the floor of the House to read a statement from the Congressional Tri Caucus. The statement made clear that people of all races and religions are welcome in the halls of Congress.
You can read the statement and watch a video of Rep. Ellison's remarks here.
Congressman Ellison and all the members of the Tri Caucus, we salute you! Thanks for standing up for religious liberty for all.
Today marks an historic step forward in the fight for equality. With the signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, President Obama sent loud and clear the message that freedom from violence is a right all Americans should enjoy.
As I watched the President put pen to paper, I couldn't help but reflect on my own memories of the tragedies that befell Matthew Shepard and James Byrd, Jr. in 1998. How gripped the country was by each man's story. How years later I saw a stage production of Moisés Kaufman's The Laramie Project. I'll never forget the emotion that overcame one of my friends in the audience. He was struck by the fact that Laramie wasn't so different from his hometown. What happened to Matthew could have happened in his backyard. It could happen just about anywhere without people and a government willing to stand up to fear and hate. Today we stood up.
Enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is all the more remarkable for affirming a positive protection for gender identity - a first in federal law. In showing how far we've come, this action also shows how far we have yet to go. Just two years ago, a battle was fought over whether to include gender identity protections in employment discrimination legislation. ENDA's enactment with gender identity intact will hopefully be the next great achievement for the LGBT community, and for us all.
As the late Senator Kennedy so famously said, "For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die."
Click here for today's statement from Reverend Timothy McDonald of African American Ministers in Action and Michael B. Keegan of People For the American Way.
We are seeing one witch hunt after another led by right-wing opinion leaders, media outlets, organizations and even members of Congress. They pursue personal smear campaigns, grasping at straws to create "guilt by association" and challenge the legitimacy, allegiances and patriotism of their opponents.
Remember the Bush-era attacks on the patriotism of anyone who questioned the administration's policies? Those look tame in comparison. Now, with Democrats in power, the insinuation is that the president, his advisers and his political allies are actively trying to destroy America from within and, despite being elected by the people, are inherently unfit to lead.
We stand up to right-wing bullies every day, and we want to help all courageous Americans do the same. People For the American Way is ready to confront this new McCarthyism head-on. In the coming days and weeks we will be exposing the Right's tactics and rhetoric and creating tools to help activists combat them. We will educate Americans about the insidious nature of what we see happening in this country and impress upon Americans the urgency of stopping it.
In a 1954 Senate hearing, Army head counsel Joseph Welch famously put Senator Joseph McCarthy in his place, saying, "Have you no sense of decency, sir, at long last? Have you left no sense of decency?"
In that great moment in American history, Welch called McCarthy out for his "cruelty" and "recklessness." The crowd at the hearing erupted in applause and, in that instant, McCarthy's power started its decline.
It's time for all of us to ask that same question -- Have you no sense of decency? -- of those on the Right who have resurrected McCarthy's tactics.
Radical Right activists ("Birthers," "Tea Baggers"), paranoid anti-government extremists and irresponsible media personalities like Glenn Beck and Rush Limbaugh (and media outlets like FOX News) -- in many cases with the backing of entrenched right-wing and corporate interest groups -- have simultaneously raised the ominous, not to mention incompatible, specters of socialism, communism, fascism, Nazism and infiltration by foreign elements. This has created a backdrop of suspicion in which McCarthy-like intimidation, guilt by association and character assassination thrive.
In the last two weeks alone, we've seen:
53 right-wing members of Congress sign a letter to the President requesting that he fire Kevin Jennings who heads the office at the Department of Education tasked with keeping schools safe, for "promoting homosexuality and pushing a pro-homosexual agenda in America's schools." Jennings, a gay man and founder of the Gay, Lesbian and Straight Education Network (GLSEN), has been the target of right-wing groups like Family Research Council for months. He was also the victim of false accusations that he broke the law in counseling an underage student when he was a teacher - and the congressional letter included that allegation even though the office of the letter's primary signer, Rep. Steve King, had been made aware that the story was wrong.
Glenn Beck, whose "6 degrees of Obama" guilt-by-association attacks have generally lacked any shred of coherence, has been going after White House Communications Director Anita Dunn for once offhandedly referring to Mao Tse-tung (along with Mother Teresa) as one of her favorite political philosophers. He has repeatedly implied that this means she must endorse his heinous deeds and personal ideology while remaining conspicuously silent about the fact that many icons of the conservative movement have approvingly cited the political writings and tactics of communists like Mao, Lenin and the Viet Cong.
Just this past Sunday, the notoriously right-wing editorial page of the Washington Times savaged Judge Edward Chen, who is nominated to the Northern District Court of California, opening the piece with the sentence, "Another day, another Obama nominee who doesn't appear to love America." For its 'evidence,' the editorial cites: Chen's acknowledgement of what we all know -- that a judge's life experiences affect how he or she views a case (shades of the attacks against Sonia Sotomayor); the fact that he expressed concern -- as many thinking Americans did -- about potential recriminations for Muslim Americans following the tragedy of September 11; and his former work with the ACLU.
Of course, the use of race-baiting, red-baiting, gay-baiting and lies to characterize people as enemies of America doesn't stop with attacks on administration officials and nominees. There have been many more examples, and sadly, there will undoubtedly be many more to come.
That's why we must all be vigilant. We must call out fear-mongering and intimidation in government, in the media and in our own communities. And when we confront it, we must ask the vital question, "Have you no sense of decency?"
People For the American Way is getting out in front of this troubling and pervasive new trend. Through research, educational materials and activism tools, we'll give you what you need to stand up to the Right and McCarthyism.
Almost 100 people testified on Monday, October 26 in a 7 ½ hour hearing on marriage equality legislation moving in the District of Columbia council. Another 169 people who signed up will testify on Monday, November 2. After that, marriage equality will move from committee to the full council and should be passed into law by the end of the year.
The hearing was inspiring and invigorating. I testified in support of the bill on behalf of People For the American Way and as a DC resident hoping to get married next year. I was at the halfway point of the hearing but stayed until almost 11 p.m. to hear everyone speak.
The good news is that pro-equality speakers, and pro-equality clergy, vastly outnumbered opponents. Included were other professional advocates from the Human Rights Campaign and the ACLU; a dozen pro-equality religious leaders, men and women representing many faiths, races, and ethnicities, among them Rev. Dennis Wiley of Covenant Baptist Church and Rev. Robert Hardies of All Souls Church, Unitarian, leaders of DC Clergy United for Marriage; pro-equality leaders from the local Democratic and Republican political parties; and a long list of DC residents, LGBT and not, testifying on behalf of themselves, their partners, their families and friends, and their children.
There were many moving moments: a young gay couple, one of them a vet, tightly holding hands and fighting back tears to testify; a heterosexual married man who testified with his seven-year old daughter at his side, because she already understands that it's wrong that the gay people in her life, including the parents of her best friends, aren't treated equally under the law; dozens of women and men speaking the truth about their lives, their eagerness to protect their loved ones, and their desire to be treated equally in the city that is their home.
Opposing the measure were Bishop Harry Jackson, who leads the city's anti-equality forces, a handful of local civic activists, and a group of officials from the Catholic archdiocese of Washington and Catholic Charities. The most interesting back-and-forth of the night took place between the panel of Catholic leaders and Councilmembers David Catania and Tommy Wells over the scope of the religious liberty protections in the bill. Councilmember Catania had said earlier in the day that he was willing to consider changes to those provisions, but he and Wells were deeply skeptical of demands that Catholic Charities be given carte blanche to discriminate against same-sex couples in provision of services and treatment of its employees when 75 percent of its revenues are from public funds. Notably, a few panels earlier, Professor Joseph Palacios from Georgetown University had testified in favor of the legislation, citing recent research showing strong support for marriage equality among lay Catholics nationally and even stronger support in the District of Columbia.
The legislation is assured of passage: it was co-sponsored by nine of the 12 councilmembers, and another councilmember announced his support at the hearing. DC Mayor Adrian Fenty has pledged to sign it. Activists are working with congressional leaders to make sure that the legislation survives the legislative review period that DC's laws are subjected to. The council's overwhelming support for the measure was a source of frustration to some of the anti-equality speakers, who angrily denounced the hearing as a sham and demanded that the issue be put to a public vote. Earlier in the day, Jackson and other anti-equality speakers urged the District's Board of Elections to allow them to put marriage equality before the voters, even though the board had ruled earlier this year that doing so would violate DC law against putting human rights protections on the ballot.
Changing Hearts and Minds. That was the focus this past weekend at two panel discussions I moderated at the California NAACP State Conference on the topic of Homophobia in the Black Church. From my vantage point it’s clear that these real in-person talks truly help people understand the dangers of homophobia. After the panel, a few people testified that their views about homophobia and even LGBT equality have changed completely. It’s remarkable the change that we can effect through honest, respectful conversation.
I waned to share just a few highlights from the panel:
Rev. Kenneth Samuel (Vice Chair - African American Ministers Leadership Council of PFAWF and Pastor of Victory for the World Church in Stone Mountain, GA) spoke passionately about the health risks to the Black community from Heterosexism and Homophobia. Forcing people to live closeted or secret down low lives, leads to risky behavior. This in turn can lead to grave consequences as it relates to STDs.
Dr. Sylvia Rhue (Director- Religious Affairs of the National Black Justice Coalition) reminded us that the LGBT Equality movement is comprised of fights for several basic civil rights, and that speaking out against homophobia is a continuation of the civil rights movement.
Rev. Deborah Johnson (Founder- Inner Light Ministries) spoke out about the dangers of Homophobic behavior. He explained how it has led to a history of violence against LGBT people of color throughout history, even at the hands of black brothers and sisters.
Rev. Byron Williams (Pastor- Resurrection Church in Oakland, CA and member of the AAMLC of PFAWF) dared all of us not to compare “black” oppression to “LGBT” oppression, but to recognize that oppression is just that, and it goes against the Christian ethic of Love thy Neighbor.
As moderator of the discussions the common ground was clear to me - we must LOVE one another and speak out against homophobic behavior.
Question: Can a police officer pull a driver over on suspicion of drunk driving based only on an anonymous tip? Based on the quotations below, can you guess what governmental body was asked this week to answer that question?
Every year, close to 13,000 people die in alcohol-related car crashes - roughly one death every 40 minutes. ... Ordinary citizens are well aware of the dangers posed by drunk driving, and they frequently report such conduct to the police. A number of States have adopted programs specifically designed to encourage such tips ...
[Another lawmaking body] adopted a rule that will undermine such efforts to get drunk drivers off the road. [It] commands that police officers following a driver reported to be drunk do nothing until they see the driver actually do something unsafe on the road - by which time it may be too late.
There is no question that drunk driving is a serious and potentially deadly crime ... The imminence of the danger posed by drunk drivers exceeds that at issue in other [situations]. In a case [with an anonymous tip that someone at a bus stop is carrying a gun], the police can often observe the subject of a tip and step in before actual harm occurs; with drunk driving, such a wait-and-see approach may prove fatal. Drunk driving is always dangerous, as it is occurring. ...
The conflict is clear and the stakes are high. The effect of [needing more than an anonymous tip to permit the police to stop a driver] will be to grant drunk drivers "one free swerve" before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.
Is this a legislator urging his colleagues how to vote on an important policy question?
No. It's Chief Umpire John Roberts, and he's not exactly neutrally calling balls and strikes.
On Tuesday, the Supreme Court denied a petition for certiorari in Virginia v. Harris, declining to hear the appeal of a drunk driving case involving a police stop based only on an anonymous tip. Roberts, joined by Justice Scalia, issued a stinging dissent from that decision not to hear the case. Their dissent was brimming with ... policy considerations.
This blog has writtenbefore on the pernicious myth that judges shouldn't affect policy, pointing out that that's exactly what courts are supposed to do. It's inherent in interpreting the law in difficult cases. Yet part of the Far Right's propaganda to demonize liberal judges and portray them as anti-American is the line that they "legislate from the bench," usurping policymaking powers from the people's elected representatives.
No one should be fooled into buying the Right's framing. Progressives shouldn't be bullied into parroting it. And the press needs to start asking why the Right always remains silent when conservative jurists engage in this perfectly normal, long-accepted practice.
Last week, four Congressmen, obviously concerned that they had so-far failed to plumb the depths of anti-Muslim bigotry, decided to demand an investigation into Muslim interns in Congress. Their evidence? A book published by World Net Daily, itself a monument to America's First Amendment protections for the ignorant and the morally bankrupt.
But before this story gets swept into the dustbin of political history, we should applaud some folks who stood up against the reckless, McCarthy-like accusations being leveled against young people who wanted to get engaged in the political process.
Yesterday, the Supreme Court decided to hear the case of 13 Uighur detainees held at Guantanamo Bay who are no longer classified as enemy combatants and have been determined to be no threat to the national security of the United States. These detainees - who were captured in Afghanistan and Pakistan and have been held by the U.S. since 2001 - were cleared for release by the Pentagon in 2003, but six years later, they have yet to be set free.
After the Supreme Court ruled in Boumediene last year that Guantanamo detainees have the right to bring habeas corpus claims in federal court to challenge the legality of their detentions, a federal judge in DC ordered that the Uighur detainees be immediately released into the United States since they cannot return to their own country. As members of a Turkic Muslim minority from the Xinjiang Autonomous Region of China, their release back into their own country would likely result in torture and execution.
In February 2009, a 3-judge panel of the DC Circuit Court of Appeals overturned that order, finding that the federal courts lack the authority to order their release into the U.S. Describing it as an immigration decision, the panel concluded that only the executive branch has such authority and even suggested that the detainees apply for entry into the United States through the Department of Homeland Security pursuant to our immigration laws. In petitioning the Supreme Court for certiorari review, the Uighur detainees argued that stripping the power from the federal courts to order their release into the United States rendered the habeas right recognized by Boumediene meaningless. And indeed, they continue to be held behind chained fences guarded by military men.
Disappointingly, Obama's Solicitor General Elena Kagan urged the Supreme Court not to hear the case, arguing that they have no right to enter the United States. Kagan wrote that "they are free to leave Guantanamo Bay to go to any country that is willing to accept them," but acknowledged that the detainees "understandably do not wish to [return to their home country]." Kagan's brief even attempted to portray the conditions of the Uighurs' imprisonment as not so bad.
In contrast to individuals currently detained as enemies under the laws of war, petitioners are being housed under relatively unrestrictive conditions, given the status of Guantanamo Bay as a United States military base…[They are] in special communal housing with access to all areas of their camp, including an outdoor recreation space and picnic area. . . [They] sleep in an air-conditioned bunk house and have the use of an activity room equipped with various recreational items, including a television with VCR and DVD players, a stereo system, and sports equipment.
Sounds just as good as freedom, doesn't it?
But what if there is no country willing to accept them? That is the case for at least one of the Uighur detainees who has serious mental treatment needs. In that scenario and under these set of circumstances - where they have been found to be no threat to the United States - shouldn't the U.S. take it as a moral imperative to immediately release these people even if they must be released into our borders? Particularly since the media coverage of their wrongful detentions at Guantanamo Bay by the United States is what highlighted the bull's eyes on their backs for the Chinese executioners in the first place?
Let's not be distracted by side arguments by the DC Circuit or our new SG. First, this is not an immigration matter subject to the jurisdiction of the Department of Homeland Security or Congress. These people had no intention or desire to migrate to the United States. They were involuntarily and wrongfully imprisoned by the United States for over eight years. Second, they are not free in any way and are in every sense of the word imprisoned. If relocation to another country is not available, the United States has a moral duty to immediately release these people into the U.S. subject to any parole conditions that may be appropriate. And if the judiciary is the only branch of our government that has the moral compass to do what is right, they should be vested with the power to do so. That is the root of habeas corpus relief which was designed to remedy unlawful government detention. That is why we have our constitutional system of checks and balances.
Today, People For the American Way was represented by our General Counsel Debbie Liu at a press conference to oppose the Vitter-Bennett amendment, which would require Census workers to ask all Americans their citizenship and immigration status in the 2010 census. Doing so could discourage minority communities’ participation in the 2010 census, and would result in an inaccurate census. Not only is the amendment unconstitutional, it is a thinly-veiled effort by the radical Religious Right and their counterparts in Congress to target undocumented immigrants.
Above, attendees at the press conference to oppose the Vitter-Bennett amendment.
The New York Times featured an editorial citing how changing the census would waste time and valuable resources. Should the Vitter-Bennett amendment pass, the Census Bureau would have to reprint forms, promotional materials and training software:
As required by law, the Census Bureau gave Congress the exact wording of the survey’s 10 questions in early April 2008 — more than 18 months ago. Changing it now to meet Mr. Vitter’s demand would delay the count, could skew the results and would certainly make it even harder to persuade minorities to participate.
It would also be hugely expensive. The Commerce Department says that redoing the survey would cost hundreds of millions of dollars: to rewrite and reprint hundreds of millions of census forms, to revise instructional and promotional material and to reprogram software and scanners.
Other civil rights groups including the Center for American Progress (CAP), the League of United Latin American Citizens (LULAC), the Hispanic National Bar Association (HNBA), the Mexican American Legal Defense and Education Fund (MALDEF), Demos, and the NAACP Legal Defense and Educational Fund (LDF) attended the press conference.
Once more, the Obama Administration is in federal court defending government-mandated discrimination against gay and lesbian Americans. This time, it's Don't Ask Don't Tell, in a case arising in a California federal district court.
Previously, DoJ asked the district court to dismiss the lawsuit filed by the Log Cabin Republicans, arguing that Ninth Circuit precedent already clearly addresses the legal issues in favor of the Administration. The court denied the motion to dismiss and allowed discovery to proceed, and the Log Cabin Republicans filed their request for discovery. (Discovery is the pretrial phase of a lawsuit where each party can compel the other parties to turn over documents and other evidence that may be relevant to the case.)
So on Friday, the Department of Justice filed what's called a motion to certify order for interlocutory appeal (legalese for "we want to appeal the court's decision now, instead of waiting until the end of the trial") to avoid its obligation to respond to the discovery requests. The Administration is arguing that the case will eventually be dismissed. Since the plaintiff's discovery requests are so "burdensome" for the Administration, appealing the court’s decision not to dismiss the case will "materially advance the ultimate termination of this litigation."
If the Administration is concerned about bureaucratic burdens, the President can issue a stop-loss order and freeze the anti-gay machinery that is destroying lives and weakening our armed forces.
And if he wants to "materially advance the ultimate termination of this litigation," there's a better way than an interlocutory appeal. That would be for President Obama to show some leadership on this issue. He ought to give a timeline for repealing Don't Ask Don't Tell and push Congress to act on it.
Tom Perez, assistant attorney general in charge of the Justice Department’s Civil Rights Division, has celebrated the imminent passage of legislation that will allow the Justice Department to prosecute discrimination against the LGBT community.
Pending legislation includes hate crimes legislation that passed the House last week and the Employment Non-Discrimination Act.
In a speech to his colleagues, Perez said, "We must fight for fairness and basic equality for our LGBT brothers and sisters who so frequently are being left in the shadows [and to] ensure that there's a level playing field in which our LGBT brothers and sisters are judged by the content of their character."
Perez’s announcement is a welcome step forward for ending discrimination against the LGBT community in a division that has traditionally focused little attention on LGBT equality issues.
Perez began his position in the Civil Rights Division only last week after failed attempts by Senate Republicans to block his confirmation. Senate Republicans have continued to block well-qualified nominees like Perez from being confirmed to important offices, especially Dawn Johnsen’s nomination to head the Office of Legal Counsel.
Sign the PFAW petition to confirm Dawn Johnson so that she too can restore justice at the Justice Department.