The Right Wing's Inflammatory Reaction to the Border Crisis

As we’re dealing with the refugee crisis on the southern border, right-wing elected officials have amped up their inappropriate, inflammatory rhetoric to dehumanize immigrants and attack immigration reform:

  • Sen. Ted Cruz announced last week that his new “top priority”  in Washington is to end President Obama’s deferred action program for DREAMers and deport undocumented immigrants who came to the U.S. as children. While trying to soften his appearance by bringing teddy bears and soccer balls to children at the southern border, he proclaimed that “as long as that promise of amnesty is there, more and more children will come... We need to eliminate the promise of amnesty.”
  • Rep. Louie Gohmert claims children being held are a problem because “we don’t even know what all diseases they have” and added that our healthcare system “can’t withstand the influx,” which, he believes was orchestrated by President Obama to recruit millions of people to cast fraudulent ballots for Democrats.
  • Sen. David Vitter has “had it with undocumented immigrants,” and tweeted on Friday that “enough is enough.” To deal with the crisis, he introduced a bill that would “require mandatory detention for anyone” that is in the U.S. illegally, in order to get “illegal aliens on the next plane home.” (Mother Jones calculated that this effort would require more than 64,000 planes to actually work.)
  • Rep. Tom Tancredo shared a similar plan when he said that President Obama should “sign an executive order saying all these people ought to be returned. Put them on buses or planes, send them back to the countries from which they came and have the governments there take care of it.”
  • Sheriff Joe Arpaio of Maricopa County, Arizona, claimed that these unaccompanied minors from Central America are probably “gangbangers” and questioned why they are being sent to this county in the first place.

Of course, elected extremists aren’t the only ones making outrageous statements:

  • The Minuteman Project’s Jim Gilchrist said this crisis is “part of a concerted effort to transfer populations of Central America and Mexico into the United States using minor children, illegal immigrants under the age of 18, as human shields… to detour our ability to enforce our immigration laws.”
  • The American Family Association’s Sandy Rios suggested the child refugees should be quarantined like lepers used to be, harking back to “biblical times” when the “lepers were separated” because it was “understood that leprosy was so contagious.” Rios' fretted that these children are transported in the “same planes that you and I fly in… How do we know about lice and disease before they get on public transportation?”
  • Jody Hice, running to replace Georgia Rep. Paul Broun in the U.S. House, suggested that people take up arms in response to “a government that refuses to secure our borders” because “that is the reason we have a Second Amendment.”

The Right Wing's inflammatory rhetoric distorts the reality of the crisis, causing more conflict and damage.

PFAW

President Obama Signs Executive Order Protecting LGBT Workers

Today President Obama signed an executive order protecting LGBT employees of federal contractors from workplace discrimination. In remarks this morning, the president said that our government “will become just a little bit fairer” today.

President Obama pointed out that many Americans go to work every day with the fear that they could lose their job because of who they are. It’s time to “address this injustice for every American,” he said, urging Congress to pass the Employment Non-Discrimination Act (ENDA). While today’s executive order expands protections to millions of LGBT people who work for federal contractors, we still lack a nationwide law to protect LGBT workers across the board. In many states, you can still be fired for being lesbian, gay, bisexual, or transgender.

Following the Obama administration’s announcement that an executive order was in the works, People For the American Way joined nearly 100 other organizations, including many faith groups, in a letter urging the president to reject a call for an additional religious exemption — which ultimately was not included. The letter noted:

Religious freedom is one of our most cherished values, a fundamental and defining feature of our national character. It guarantees us the freedom to hold any belief we choose and the right to act on our religious beliefs within certain limits. It does not, however, provide organizations the right to discriminate using taxpayer dollars. When a religiously affiliated organization makes the decision to request a taxpayer-funded contract with the federal government, it must play by the same rules as every other federal contractor. [emphasis added]

Jonathan Capehart from the Washington Post reports that in the past few weeks, there have been “extraordinary meetings” in the White House among LGBT and religious communities about both the necessity of protecting workers from discrimination and religious liberty. As Capehart writes, “The president’s action today shows the two are not mutually exclusive.”

PFAW

Will Anti-Gay Groups Learn from Florida Court Ruling for Marriage Equality?

A Florida state court today became the latest in recent months to rule that prohibiting same-sex couples from marrying violates the U.S. Constitution. (As Freedom to Marry notes, the ruling applies only in Monroe County.)

One interesting part of the Equal Protection portion of the ruling discusses whether proponents of Florida's ban have anti-gay animus. Circuit Judge Luis Garcia discusses the arguments of two parties who had submitted amicus briefs in support of the ban: Florida Family Action (which is affiliated with the Florida Family Policy Council) and People United to Lead the Struggle for Equality. Perhaps not surprisingly, he finds the animus in the types of arguments they choose to make:

The court finds that despite the Amici Curiae assertion that there is no evidence of animus towards homosexuals by the proponents of the Florida Marriage Protection Amendment (FMPA), there is ample evidence not only historically but within the very memorandum of law filed by the Amici Curiae. ... [It] paints a picture of homosexuals as HIV infected, alcohol and drug abusers, who are promiscuous and psychologically damaged and incapable of long term relationships or of raising children. They contend, "the personal, social and financial costs of these homosexual-specific health problems concern not just those who engage in homosexual activity, but also the larger community of citizens who help provide services and who must bear part of the burden imposed by the health challenges. It is eminently rational for the voters of Florida to seek to minimize the deleterious effect of these conditions on public health, safety and welfare by affirming that marriage in Florida remains the union of one man and one woman."

The judge concluded that there was animus behind the Florida ban, such that the law is subject to a somewhat higher level of scrutiny than the ordinary law for Equal Protection purposes. Not surprisingly, the ban fails that scrutiny.

It is not a good day for right-wing groups that peddle in vicious anti-gay stereotypes.

PFAW Foundation

When Will Marriage Equality Head Back to the Supreme Court?

As state and federal courts continue to issue marriage rulings, one question remains – when will marriage equality head back to the Supreme Court?

We're getting closer to the answer.

Late last month, a ruling by a three-judge panel of the Tenth Circuit concluded that Utah's ban on same-sex marriage violates the Fourteenth Amendment's Due Process Clause (by denying a fundamental right to marry) and Equal Protection Clause (by making that right depend on a classification – the sex of the couple – that bears little if any relation to the state's purported goals).

Then yesterday we heard from the Utah Attorney General's office that the state will forego an appeal to the full Tenth Circuit and instead proceed to the US Supreme Court:

The U.S. Supreme Court is not obligated to hear Utah’s appeal — or any case regarding state same-sex marriage bans.

Should the justices decline to hear such a case, the rulings of lower courts, like that of the 10th Circuit Court of Appeals, would stand as the law of the land.

"We don’t really know if the Supreme Court will take this up or they won’t," said Equality Utah Executive Director Brandie Balken, who attended Wednesday’s march. "Unfortunately, today we have families, couples, children who are living in legal limbo."

Check out our website for more LGBT equality updates.

PFAW Foundation

PFAW Files Amicus Brief Supporting Fair Trials for Undocumented Immigrants

Last Thursday, People For the American Way, joined by the UC Hastings Appellate Project (HAP) and the ACLU of Southern California, submitted an amicus brief to the California Court of Appeal in Velasquez v. Centrome, Inc. dba Advanced Biotech, a toxic tort case brought by an undocumented immigrant that resulted in a gross denial of justice.

Wilfredo Velasquez filed a lawsuit against a chemical manufacturer seeking damages for medical expenses after contracting a devastating lung disease due to exposure to one of the company’s toxic chemicals while on the job. During the jury selection process, where prospective jurors are questioned to discover potential biases, the trial judge wrongly disclosed Mr. Velasquez’s immigration status to the entire jury pool, despite the fact that it was not relevant to any issues in the case. The disclosure appears to have harmed Mr. Velasquez’s pursuit of justice: Even though the jury ultimately found the chemical manufacturer negligent, it awarded no damages to Mr. Velasquez. He effectively lost his case. The court refused to grant a mistrial for its error in possibly tainting the jury, and Mr. Velasquez appealed the verdict. 

PFAW submitted its amicus brief in support of a new trial for Mr. Velasquez because of the highly prejudicial nature of the court’s wrongful disclosure of his citizenship status, explaining, “Rather than protect against prejudice, the judge’s statement unnecessarily injected prejudice into the [jury] selection process, making it impossible to know whether Mr. Velasquez received his constitutionally guaranteed fair trial by impartial jurors.” Given the ongoing hostility towards undocumented immigrants, as chronicled by PFAW’s Right Wing Watch blog, PFAW’s brief urges the appellate court to find that when a trial court erroneously discloses a litigant’s citizenship status to the jury during voir dire a new trial must be awarded.

Read the full text of the amicus brief for more information
 

PFAW

Obama to Issue Executive Order Protecting Federal Contractors’ LGBT Employees

The White House announced today that President Obama will issue an executive order protecting the employees of federal contractors from workplace discrimination on the basis of sexual orientation and gender identity. According to the White House, it is an action rooted in the principle that “your ability to get ahead should be determined by your hard work, ambition, and goals – not by the circumstances of your birth, your sexual orientation or gender identity.”

Though most Americans don’t realize it, in the majority of states you can still be fired for being lesbian, gay, bisexual, or transgender. But across the board Americans believe that workplace discrimination is wrong, and that employees should be judged on how well they do their job, not on who they are or who they love.

The upcoming executive order, which ThinkProgress characterizes as “the single largest expansion of LGBT workplace protections in our country’s history,” could protect up to 16 million workers — a major step forward for LGBT equality and for basic fairness in the workplace. But even as we celebrate the anticipated expansion of protections, it’s important to remember that our country still needs a federal law like the Employment Non-Discrimination Act (ENDA) to protect LGBT workers across the country — not just those who work for federal contractors — from employment discrimination. In addition to covering more workers, ENDA would not be at risk of being undone by a future president, as the upcoming order may be.

No one should be forced to choose between risking their job and hiding who they are or who they love.

PFAW

Dakotans File Suit, All Fifty States Now Have Either Marriage Equality or a Legal Challenge in Progress

In May, when we last updated our numbers on the fight for marriage equality, there were just two states left with unchallenged bans on same-sex marriage.

Today that number is zero – every state now either has marriage equality (19 and DC) or a legal challenge in progress (the other 31).

First we heard from South Dakota on May 22, where Rosenbrahn v. Daugaard has been filed on behalf of six couples.

Attorney Josh Newville in the Argus Leader:

With the filing of this lawsuit, South Dakota will join the many other states in the nation who are engaged in a historic and very important discussion about it what means to treat each other equally under the law.

Two weeks later, on June 6, Newville was back in court putting the last state on the board by filing Ramsay v. Dalrymple on behalf of seven North Dakota couples.

Plaintiff Bernie Erickson on Valley News Live:

We are simply looking for the same recognition that every other couple has, every other loving couple[].

Onward!

Check out our website for more LGBT equality updates.

PFAW Foundation

YEO Evan Low, US Senator Tammy Baldwin, Anne Kronenberg, and Others Dedicate the Harvey Milk Stamp

Last week, the highly-anticipated Harvey Milk stamp made its debut in a White House dedication ceremony featuring a roster packed with dynamic speakers including Evan Low, a Campbell, California city councilmember and participant in PFAW Foundation's Young Elected Officials Network, who recounted his personal story and stressed the importance of electing LGBT Americans to public office.

US Senator Tammy Baldwin later touched on where the LGBT equality movement stands today, more than 35 years after Harvey Milk's tragic assassination, crediting the youngest among us for understanding what's at the heart of the progress made and the work left to be done – love and fairness.

Anne Kronenberg, Harvey Milk's campaign manager, included in her closing remarks a simple statement of what the Milk stamp means – that new people and places will get to meet Harvey simply by opening a mailbox.

We remember.

We remember Harvey Milk

PFAW Foundation

LGBT Equality Pioneer Harvey Milk Memorialized with New Stamp

Today the United States Postal Service releases its highly-anticipated Harvey Milk stamp, memorializing the LGBT equality pioneer on what would have been his 84th birthday. Evan Low, a Campbell, California city councilmember and participant in PFAW Foundation's Young Elected Officials Network, is expected to join other trailblazers at the White House dedication ceremony.

Councilmember Low had this to say last November in marking the 35th anniversary of Milk's tragic assassination:

In 2009, I became the youngest openly gay mayor as well as the youngest Asian-American mayor in the country. Some journalists wrote about how I was making history, but I like to point out that I was preceded by a number of other courageous “firsts.”

I became mayor 35 years after Kathy Kozachenko was the first openly LGBT person elected to public office, and 32 years after Harvey Milk – affectionately known as “the mayor of Castro Street” – was elected to the San Francisco Board of Supervisors in the same state I serve today.

This week marks the anniversary of the tragic end of Milk’s short time in office, when he and Mayor George Moscone were shot and killed by Supervisor Dan White. But the legacy of Harvey Milk and other LGBT trailblazers is very much alive. Today there are more than 500 openly LGBT elected or appointed officials serving our country. Through their service and that of public officials representing other marginalized communities, it is clear that our democracy works best when our lawmakers reflect the nation’s diversity.

South Dakota State Senator Angie Buhl O'Donnell, another YEO, also reflected on Milk's impact:

Milk’s legacy has been a personal inspiration for me, as an openly bisexual elected official. Earlier this year, I became a Harvey Milk Champion of Change. While I was honored to be recognized by the White House with an award bearing his name, I actually had some hesitation about accepting. As a bisexual woman married to a man, I was worried about people thinking I didn’t really “deserve” it. But I realized that line of reasoning was not what Harvey Milk would have embraced. His legacy is about sharing your own identity, your own truth in whatever form that might take.  Besides, there’s a “B” in “LGBT” for a reason.

Though the right-wing has long tried to rewrite Milk's legacy, as affiliate People For the American Way's Right Wing Watch notes in this report on Liberty Counsel's Matt Barber . . .

Liberty Counsel’s Matt Barber is upset that the US Postal Service will issue a stamp honoring Harvey Milk, telling the American Family Association’s OneNewsNow that Milk was a rapist and “demonstrably, categorically an evil man.”

. . . it's clear that today is a day to celebrate how far the LGBT equality movement has come and to recognize the work that remains.

We remember.

We remember Harvey Milk

PFAW Foundation

Marriage Equality Now Law in 19 States, Only 2 Bans Remain Unchallenged

The march toward marriage equality nationwide continues at an astounding pace.

On Monday Oregon became the 18th state added to the win column when Judge Michael McShane struck down its ban on marriage for same-sex couples. Then on Tuesday Judge John Jones issued a similar ruling in Pennsylvania, followed Wednesday by the news that Governor Tom Corbett won't appeal – make that 19!

Wednesday also brought the filing of a marriage equality lawsuit in Montana. Governor Steve Bullock:

Montanans cherish our freedom and recognize the individual dignity of every one of us. The time has come for our state to recognize and celebrate – not discriminate against – two people who love one another, are committed to each other, and want to spend their lives together.

I look forward to a future where all Montanans have the opportunity to marry the person they love, just as Lisa and I did almost 15 years ago. We are on the path to greater understanding and equality, and we will all be better for it.

Montana is the 29th state without marriage equality that has a lawsuit pending.

That leaves only two states, North and South Dakota, with unchallenged bans on same-sex marriage. Their suits could be filed any day now.

Onward!

Check out our website for more LGBT equality updates.

PFAW Foundation