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A Liberal Supreme Court Term? Hardly.

Progressives breathed a sigh of relief after several Supreme Court cases this term, but it was hardly a liberal term.
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PFAW Foundation Rallies at the Supreme Court for #LoveWins

It was certainly a "Wow" moment as People For the American Way Foundation stood outside the Supreme Court to watch marriage equality become the law of the land.
PFAW Foundation

A Historic Day for Liberty, Equality, and America

Today's victory for marriage equality is a profoundly American story.
PFAW Foundation

Obamacare Comes Out Stronger Than Before

A strong majority rejects conservative activists' attack on Obamacare, but this case should never have made it this far.
PFAW Foundation

Photo Captures Powerful Protest of Confederate Flag Two Months Before Emanuel AME Tragedy

This April, a group of more than 100 progressive African American clergy gathered in Columbia, South Carolina for the Spring Training Institute of People For the American Way Foundation’s African American Ministers Leadership Council. Among a week of trainings, advocacy meetings at the state capitol, and strategic conversations about the Black Lives Matter movement, this ecumenical body of women and men took time to gather together for a prayer in front of the capitol where the confederate flag still waves.

That week, less than two months before our friend and brother Reverend and State Senator Clementa Pinckney, along with members of the congregation, were massacred at Emanuel A.M.E. church by a shooter who embraced the Confederate flag, clergy stood hand in hand in prayer, reflection, and even tears for the removal of this symbol of hate and bigotry.

The public prayer was the culmination of ongoing work led by South Carolina faith leaders like Reverend and State Representative Terry Alexander. Rep. Alexander has long been a guiding voice in this push, meeting with other elected officials and advocating strongly for its removal.

Why did we pray that day that started out with dark clouds and rain and turned into one of sunshine and light? Because the Confederate flag remains a visible, strategically placed reminder of a southern heritage that embraced slavery, segregation and hate. Because a symbol rooted in the dehumanization of Black Americans is still prominently waving at the capitol, still validated by a government body.

We first prayed facing this symbol of disunity – a symbol of the painful past – for a present and future of peace, unity, and prosperity as a people and a country. We then prayed and sang with our backs turned to it, rejecting the division and pain that it continues to represent. In memory of the love and compassion of Senator Pinckney and the eight others, it’s time for the state of South Carolina to do the same.

PFAW Foundation

PFAW Activists Join Hundreds of Thousands in Effort to Kick Big Polluters Out of Climate Talks

This month, our friends at Corporate Accountability International delivered 232,000 petition signatures to the UN Framework Convention on Climate Change in Bonn, Germany demanding that the planet’s biggest polluters be kept out of the climate treaty conversation. Among the signatures calling on the United Nations to keep corporate polluters from influencing climate policy were tens of thousands from PFAW members.


Photo via CAI

For more, check out this post on Daily Kos-- another partner in this action -- by one of the leaders at Corporate Accountability International.

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What’s at Stake in the Supreme Court’s Fair Housing Case?

Although the case hasn’t gotten as much mainstream press attention as the forthcoming blockbuster rulings on marriage and on the ACA, the Supreme Court will be issuing a crucial decision on fair housing in the next few weeks in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. A bad decision would reverse decades of positive decisions and progress in  fair housing.

As our nation learned during the riots of the 1960s, and is tragically re-learning today, segregation in housing is both a major cause and effect of our urban problems and inequality. Partly in response, Congress enacted the Fair Housing Act in 1968, with the explicit purpose to “provide, within constitutional limitations, for fair housing throughout the United States.” For almost four decades, every appellate court that has considered the issue and the Department of Housing and Urban Development (HUD) under both Republican and Democratic administrations have interpreted the Act to prohibit conduct that has a discriminatory effect based on race, color, religion, gender, disability, or familial status without a good justification. The issue in Texas Department is whether the Court will overturn that standard and rule that you don’t have a case under the Fair Housing Act unless you can prove specific intent to discriminate.

Why is this important? On a practical level, requiring proof of intent will make fair housing enforcement much more difficult; as one court noted, “clever men may easily conceal their motivations.” More broadly, discrimination and segregation often result from policies that may not be motivated by specific bad intent but that build on historic and systemic patterns of discrimination and lock out racial and other minorities. The “disparate impact” test, which is the legal term for the standard based on unjustified discriminatory effects, has helped combat that problem.

For example, in one case a building policy that imposed a limit of two people per bedroom resulted in the effective eviction from a one-bedroom apartment of a young couple who had just had a child. The policy was challenged based on disparate impact. It turned out there was no good business justification for the policy, and 150 units were opened up for families with children as a result. Similar challenges to policies that excluded disabled veterans by requiring residents to have full-time jobs or zoning restrictions that excluded racial minorities by requiring large lot sizes have helped break down long-entrenched problems of discrimination and exclusion.

All eleven federal courts of appeal that have considered this issue since the 1970s have approved the disparate impact standard. As explained in a brief to the Supreme Court by former Republican and Democratic HUD appointees, HUD has also followed this standard for decades. As a former HUD official and career-long civil rights attorney, I know the importance of the disparate impact test. As I wrote in a law review article more than 35 years ago, “only by concentrating on effect can the issue of discrimination be realistically addressed at all.”

If the Supreme Court overturns the long-accepted disparate impact standard, the continuing problems of discrimination and segregation in our country will only get worse in the years to come. The outcome of this case will have an enormous impact on millions of people throughout America, and on the nature of who we are as a nation.

PFAW Foundation

Money in Politics Survey Shows the Toxic Legacy of the Roberts Court

Overwhelming majorities recognize the corrosive impact money in politics has on our democracy. Why doesn't the Roberts Court?
PFAW Foundation

Correcting an Imbalance: Expanding Benefits for Survivors of Domestic Violence in Montana

The following is a guest blog by Montana Representative Jenny Eck, a member of People For the American Way Foundation’s Young Elected Officials Network and Minority Whip in the Montana House of Representatives.

It hasn’t been easy, but after years of debate and hard work, Montana now has a law extending the unemployment benefits available to survivors of domestic violence, sexual assault, or stalking. This is a huge development. It means that someone trying to leave an abusive spouse can now focus on tasks like seeking counsel, navigating the legal system, looking for a new place to live, moving children into a new school district, or finding another job in a new town – without the added burden of finding the money to make it all happen.

At the bill’s signing, Governor Steve Bullock said, “No Montanan should be forced to choose between the physical safety of themselves and their children, and their economic security.” It’s a stark choice, and one that nobody should have to make.

Yet for the hundreds of women in recent years who have been murdered at their workplace by current or former intimate partners, this choice is all too real. Intimate partner violence is a leading cause of fatalities for women at work, and women are at a significantly higher risk than men of being the target of a violent act while on the clock. A 2012 Labor Department study found that of all workplace incidents of intimate partner violence from 1997 to 2010, 38 men were victims, while women numbered 346 over the same period. There are severe economic ramifications, too – according to the Centers for Disease Control and Prevention, women in the U.S. lose around 8 million days of paid work each year because of intimate partner violence.

Leaving an abusive relationship is hard enough; the state shouldn’t make it even harder. Yet historically, that is precisely what Montana has done. Until HB 306 was signed into law, survivors of sexual assault were eligible for just 10 weeks of unemployment insurance. Victims of a natural disaster, on the other hand, were entitled to 28 weeks of benefits. This disparity was shocking; surely suffering the trauma of sexual assault can be just as debilitating as living through an earthquake or tornado.

The new law corrects this imbalance. Extending support to these survivors was the right thing to do, and it will save lives as a result.
 

PFAW Foundation

PFAW Foundation Board Member Kathleen Turner Discusses Abortion Access, the “Personhood” Movement on “All In with Chris Hayes”

People For the American Way Foundation board member Kathleen Turner appeared on “All In with Chris Hayes” on Friday to discuss the “personhood” movement and how it’s working in concert with its rivals in the anti-choice movement to end abortion access, especially for low-income women.

Turner said that she sees “personhood,” which would give fertilized eggs and fetuses the same rights as people, as “a Trojan horse.”

She explained:

The fact is because [personhood] has been soundly defeated in several states – Mississippi, North Dakota – that one thinks that it’s a non-issue. But in fact at the same time, there’ve been hundreds, hundreds of bills in every state that have made it more and more difficult to access any kind of healthcare, not just abortion.

Watch the full clip here:

To learn more about the personhood movement, be sure to check out PFAW Foundation’s new report, “The Personhood Movement: Where It Comes from and What It Means for the Future of Choice,” and read Kathleen Turner’s piece in RH Reality Check, “Think the “Personhood” Issue Is Over? Think Again.”

 

PFAW Foundation

The Personhood Divide: The Anti-Choice Movement's Bitter Feud Over The Best Way To End Legal Abortion

(Originally posted on RightWingWatch.org)

The “personhood” movement — those who seek sweeping bans on all abortion and common types of birth control in an effort to confront Roe v. Wade head-on — is hugely divisive within the anti-choice community. Groups like National Right to Life Committee, which have been pushing a more careful, incremental approach toward ending legal abortion, worry that the personhood movement risks undermining their progress toward the ultimate goal. Meanwhile, personhood advocates accuse groups like NRLC of selling out the ultimate goal in the service of small steps that they claim will never lead to the full criminalization of abortion.

A few months ago, we published a series of posts exploring the anti-choice personhood movement, its history, and how it is confronting a changing political landscape. People For the American Way Foundation has adapted that series into a report, “The Personhood Movement: Where It Comes From And What It Means for the Future of Choice,” which was released today. 

As the national debate over a NRLC-backed federal bill banning abortion after 20 weeks of pregnancy have shown, one of the major sticking points between the two factions is whether the anti-choice movement should accept “compromises” that exempt women who have been raped from abortion bans. From the report’s introduction:

The largest and best-funded groups opposing abortion rights have, over the past several years, achieved astounding success in chipping away at women’s access to legal abortion in the United States. But these successes, Personhood Alliance’s founders maintain, are too small and have come at a grave cost.

In seeking mainstream approval for anti-choice politics, personhood advocates believe, groups like the National Right to Life Committee (NRLC) and Americans United for Life (AUL) have adopted a secular tone and downplayed their Christian origins. In focusing on drawing attention to issues like late-term abortion, they may have won some support for the cause but have done little to end the procedures they targeted. In seeking incremental successes, personhood advocates argue, the movement has given up on making a moral argument for the humanity of fertilized eggs and fetuses and lost sight of its larger goal of eliminating legal abortion entirely.

But the greatest betrayal in the eyes of these personhood advocates is the willingness of major anti-choice groups to endorse legislation that includes exceptions for pregnancies resulting from rape and incest. The personhood movement’s leaders contend that these political concessions are not only immoral and intellectually inconsistent, but also threaten to undermine the movement’s goals in the long term.

The personhood movement provides an interesting look into the bitter “incrementalist vs. immediatist” divide that has split the anti-choice movement since before Roe v. Wade. Both sides want an end to legal abortion; neither trusts the other to get there. But in the meantime, each is making progress in making it more difficult and more dangerous for women to access safe and legal reproductive care.

PFAW Foundation

Judicial Elections and Government Integrity at the Supreme Court

It isn’t just judges who risk the appearance of corruption when they engage with funders.
PFAW Foundation

Diversity vs. Scalia at Marriage Oral Arguments

Bringing her own experience to the bench, Justice Kagan helps Justice Scalia with a point that should have been obvious to him.
PFAW Foundation

Are Conservative Justices Suggesting that Oppression Justifies More Oppression?

Historical discrimination against gays and lesbians warrants heightened scrutiny under Equal Protection, not continued discrimination.
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In Marriage Arguments, Scalia Overlooks the People's Role in Adopting Equal Protection

Scalia says judicial interpretations of Equal Protection bypass the people, but it was the people who chose to constrain themselves with Equal Protection.
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Justice Ginsburg Tackles Idea that Marriage Definition Has Existed for Millennia

Marriage as it existed for much of our nation's history violates the 14th Amendment, as does today's exclusion of same-sex couples from the institution.
PFAW Foundation

“Selma” Release Offers Great Opportunity to Organize Around Civil Rights

On May 5, “Selma” – the award-winning film chronicling the voting rights movement and its violent opposition – will be released on DVD. And while this year marks the fiftieth anniversary of the marches from Selma to Montgomery that culminated in the signing of the Voting Rights Act, the fight to ensure that all Americans have equal access to the voting booth continues today. Voter suppression still threatens many Americans’ ability to cast a ballot, and we are still in dire need of a fix for the Supreme Court’s gutting of the VRA in the 2013 Shelby County decision.

“Selma” is an important film for all progressives, and its release presents a great organizing and activism opportunity for voting rights activists. The film’s creators have put together this guide for hosting a “Selma Salon” – a watch party that brings friends, family, neighbors, or colleagues together to talk about and mobilize around civil rights. If you’re interested in hosting your own Selma Salon, check out the guide for tips and discussion ideas.

If you are a teacher (or have a teacher in your life), the Selma4Students campaign is giving every high school in the U.S. a free copy of “Selma” on DVD, along with a companion study guide to help use the film as an educational tool. Learn more at Selma4Students.com.  

PFAW Foundation

PFAW Foundation and Leadership Programs Support #Unite4Marriage

Marriage equality supporters are currently organizing around the April 28 oral arguments before the Supreme Court and a ruling expected in the coming months on whether the fundamental right to marry enshrined in the US Constitution is limited to opposite-sex couples. There will be events in DC and in communities across the country.
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