Celebrating Banned Books Week

For decades, the Religious Right has used public school students as pawns in the "culture wars," fighting to impose a political agenda on textbooks and curricula in school districts across the country. This has included battles over sex education, school-led prayer, publicly funded vouchers for religious institutions, and shaping what children learn by controlling the content of textbooks and access to books in school libraries and classrooms. People For the American Way Foundation has a long record of resisting censorship and defending the freedom to learn.

People For the American Way Foundation is a sponsor of Banned Books Week, an annual celebration of the freedom to read -- and an opportunity for readers, authors, publishers, booksellers, and First Amendment advocates to call for continued vigilance against efforts to restrict that freedom. This year’s Banned Books Week has a focus on Young Adult books, which are challenged more frequently than any others.

"These are the books that speak most immediately to young people, dealing with many of the difficult issues that arise in their own lives, or in the lives of their friends,” says Judith Platt, chair of the Banned Books Week National Committee. These are the books that give young readers the ability to safely explore the sometimes scary real world. As author Sherman Alexie said in response to the censorship of one of his young adult novels, “Everything in the book is what every kid in that school is dealing with on a daily basis, whether it’s masturbation or racism or sexism or the complications of being human. To pretend that kids aren’t dealing with this on an hour-by-hour basis is a form of denial.”

Platt describes the importance of Banned Books Week at the Reading Rainbow blog:

Banned Books Week is celebrated each year because efforts are underway in many parts of this country to remove “offensive” materials from public libraries, school libraries, and classroom reading lists. Arguments can be made for involving parents in the education of their children, and giving them an opportunity to voice objections when some reading material runs counter to their own values, but problems arise when that parent wants to dictate what all children can or cannot read. In the Coda to Fahrenheit 451 Ray Bradbury said: “There’s more than one way to burn a book. And the world is full of people running about with lit matches.”

Many libraries and bookstores are sponsoring events honoring Banned Books Week. Kelly Adams, a children's book specialist at Valley Bookseller in Stillwater, Minn., spoke with Minnesota Public Radio:

"Banned Books Week is my favorite week of the whole year. Seriously, it's better than Christmas.... Promoting books that have been banned or challenged shines a light on these attempts at censorship. It is an eye-opening experience for many.... We are basically a country built by rebels. When someone tells us 'you can't read that,' we naturally pick it up and read it."

In response to a recent article dismissing Banned Books Week as unnecessary, Peter Hart at the National Coalition Against Censorship argues that censorship is not just a thing of the past:

Graham thinks several hundred cases a year isn't much to get worked up about. But those numbers are a very conservative estimate of the problem. As Chris Finan of the American Booksellers for Free Expression pointed out recently, the American Library Association believes that as many as 80 percent of challenges go unreported. A Freedom of Information Act research project in two states confirmed this; the vast majority of formal challenges are never revealed publicly.

And what about librarians or school officials who seek to steer clear of controversy by avoiding potentially controversial books altogether? There is no doubt that this kind of chilling effect is real. A survey of over 600 librarians released by the School Library Journal in 2009 revealed that 70 percent reported that the possible reaction from parents affected their decisions not to buy a book. About half of librarians reported that they had gone through a formal challenge, and 20 percent of them revealed that the experience affected their book-buying decisions going forward.

So there's strong evidence that there are far more challenges than are reported, and that those challenges affect institutions over the long run. Self-censorship, as the School Library Journal put it, is "a dirty secret that no one in the profession wants to talk about."

The Banned Books Week website includes case studies on two of the most frequently challenged books, Alexie’s The Absolutely True Diary of a Part-Time Indian and Marjan Satrapi’s Persepolis.

You can take the New York Public Library’s banned books quiz at http://www.nypl.org/bannedbooks. And you may be able to find an event near you.

Here’s more information on the impact of censorship challenges from People For the American Way Foundation’s “Book Wars” report:

While individual challenges don’t always succeed in removing a book from a school curriculum or forcing a textbook publisher to alter its content, they can have far-reaching effects.  Attacks on ethnic studies curricula or challenges to books that deal frankly with the lives and histories of marginalized communities can have divisive results beyond their original goals. For example, organizing a protest of a textbook that supposedly “promotes jihad” may not accomplish its stated goal, but might still succeed in stoking fear and resentment against Muslim Americans in that community.

Attacks on multicultural curricula in schools – like Arizona’s ban on ethnic studies classes – are joined by continuing efforts to ban books that acknowledge gay and lesbian families, teach about world religions, or deal frankly with the history of race in America. Throughout the 1980s and 1990s, People For the American Way Foundation tracked challenges to books and curricula that included frank discussions of sexuality, race, and the less palatable truths of American history. In the 2000s, challenges focused also on books accused of promoting the “occult” or “undermining” Christianity, leading the Harry Potter series to top the American Library Association’s list of the most challenged books of the decade.

One common theme among many challenged books is their frank portrayals of the experiences of marginalized people. Toni Morrison’s Beloved and The Bluest Eye are unflinching explorations of being a Black woman in America. Sherman Alexie’s The Absolutely True Diary of a Part-Time Indian chronicles a Native American teenager’s experiences living in an impoverished reservation, while going to school in a wealthy nearby town. Ralph Ellison’s Invisible Man explores African-American identity in the mid-20th century. Rudolfo Anaya’s Bless Me, Ultima, is a landmark piece of Chicano literature. Margaret Atwood’s The Handmaid’s Tale offers a dystopian tale about the oppression of women. Marjane Satrapi’s renowned graphic novel Persepolis, is about a girl growing up in Iran during the Islamic revolution.

And here are some things you can do to fight censorship in your community:

1.       Attend school board meetings. School boards and other school decision-makers need to hear from parents, students, and community members who oppose censorship. Attend school board meetings, and stay in touch with board members and principals — even when there are no censorship challenges — to let them know that you care about fair, accurate, and inclusive schools.

2.       Stay informed. If a parent or activist group challenges a book in your community's school or district, read the book and learn about its author and its history. Then share what you've found with fellow community members and the local media. A strong, well-informed argument is always an effective weapon against misinformation and prejudice.

3.       Make some noise. Start a petition among students and parents in your school or district in support of a challenged book or curriculum, and tell the local media about it. You could also consider holding a protest in favor of the challenged material. In most cases, activists challenging books represent a small fraction of a community; it sends a powerful message when the rest of the community speaks up for its values

4.       Look for outside voices. While the most effective arguments against censorship are made by local students and parents, in some cases it can be helpful to bring in outside experts. If the author of a challenged book is living, consider inviting him or her to join a discussion in your community or to send a statement to school leaders. Free speech advocacy groups, including the National Coalition Against Censorship, the American Library Association, and People For the American Way Foundation can also provide resources and advice on how to fight for free speech in schools.

5.       Run for office. If you don't like the way your elected officials handle censorship challenges, consider becoming an elected official yourself! Run for school board or volunteer to serve on a school committee that handles challenges against books.


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Millennials Won't Fall for the Koch's 'Generation Opportunity'

This piece by Joy Lawson, Director of YP4, was originally published in the Huffington Post.

Despite attempts to label millennials as unengaged and apathetic, there's no denying the younger generation's vote means a lot in elections. A-list celebrities like Lena Dunham and Lil Jon are the new faces of the Get Out the Vote movement, and reports from 2012 reveal the youth vote was decisive in President Obama's victory.

So it's no surprise that the Koch Brothers, notoriously right-wing billionaires, are using their fortunes to promote radical, conservative priorities to millennials through their organization, Generation Opportunity.

However, reading through American Bridge's report about the group, it's clear that they'll face an uphill battle. That's not just because young people tend to disagree with the priorities the Koch Brothers are putting forth, but especially because young people are actually working against the very issues that GenOpp stands for.

Generation Opportunity opposes government subsidized student loans, federal aid to colleges, lowering loan rates - basically, any realistic measure that could make a college education more accessible to millions of students. With 71% of students graduating from college with debt and low-income students bearing the greatest brunt of tuition increases, making college more - not less - affordable is critical in order for students of all backgrounds to attend college. That's a big reason why every day, I work with students through People For the American Way Foundation's Young People For (YP4) program that are fighting directly against Koch priorities that seek to restrict college access.

Look no further than Torii Uyehora, a student at Southern Oregon University and YP4 fellow. As a college student she knows the struggles of student loans, and she recently organized 75 students to attend a rally to support public funding of higher education. Taynara Costa-Maura, a YP4 Fellow from Santa Monica, CA is encouraging her friends and fellow students to engage in the progressive movement through advocating for college affordability measures, like Prop 30, which prevented massive tuition increases and saved her community college - and many other community colleges across the state - from having to make big cuts to classes offered.

Torii and Taynar are just two of the thousands of students across the country pushing for affordable higher education. It's comical to imagine a headline of "Students Lobby for Higher Debt" or "Rally at University Calls for Raising Student Loan Rates." But that's what the Kochs support. Students agree with - and fight hard - for progressive measures so that more students can access higher education. Unless they're able to deceive millennials about their real motives, I'm not sure the Kochs will get anywhere trying to change that.

It's not just college affordability. While Generation Opportunity speaks out against net neutrality, 77% of 18-29 year olds believe in the principles of net neutrality. And student activists are engaging their fellow students to discuss how critical net neutrality is.

Another YP4 Fellow, Areeba Kamal at Mount Holyoke College, has written pieces for outlets including USA Today about why net neutrality is so essential. She detailed the efforts of young people on this issue: "Students and young adults have organized teach-ins in public locations, where they explain the issue and reiterate their support for net neutrality to the general public."

The fact is, millennials increasingly align themselves with progressive priorities, spanning from gay marriage to immigration. As Chris Cillizza wrote in the Washington Post last year, "More important -- and ultimately more impactful, politically speaking -- is how millennials feel about issues in the national conversation. Time and again, they come down on the more liberal side of those arguments."

Generation Opportunity can give out all the beer koozies and pizza they want (yes, they tried that to stop young people from signing up for health care...), but millennials won't be fooled by the shiny packaging--their peers are already fighting against the failed right-wing policies that the Kochs promote.

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The Fight for Voters’ Rights Is a Necessary Interruption

“Forward together, not one step back” were the chants heard in every space we entered while we marched for voters’ rights in Winston-Salem, North Carolina last month. On July 13, Young People For (YP4) community college consultant Lela Ali, African American Ministers Leadership Council (AAMLC) administrative assistant Jasmine Bowden, and I participated in the Mass Moral Monday march and rally hosted by the North Carolina State Conference of the NAACP to share our voices and energy in the fight against the 2013 North Carolina law (H.B. 589) that advocates have called “the worst voter suppression law in the country.”

Community and religious leaders performed sit-ins three years ago in the North Carolina State Senate resulting in arrests opposing the voter suppression law. One month later, the North Carolina NAACP and Rosanell Eaton filed a complaint in federal district court due to the bill’s violations under the 14th and 15th Amendments to the U.S. Constitution. This history was uplifted by North Carolina NAACP State President Reverend William Barber, II – who is also an AAMLC member – at an ecumenical service at Union Baptist Church Sunday evening. He gave a great sermon titled “Necessary Interruption,” saying that allies and activists are being called to disrupt our nation in order to dismantle the systems of oppression that plague our country and leave behind countless black deaths with little consequences. He spoke on the need for Medicare expansion, policy changes like gun laws and criminal justice reforms, and economic empowerment for marginalized communities.  The North Carolina NAACP v. McCrory lawsuit, which challenges the provisions of embedded in H.B. 589, is one of those necessary interruptions of justice.

With a fiery ending to our first night in Winston-Salem, we were excited for the full day of teach-ins that occurred the next morning. We were hosted by Goler Memorial African Methodist Episcopal Church and engaged in various topics from ‘Racial Violence & Criminal (In)Justice’ to ‘Building Coalitions to Sustain a Social Justice Movement.’ Many of our conversations were focused around allyship, direct action, and legal support to dismantle systems of inequity in local communities. We had the opportunity during our lunch break to meet with members of the Young Elected Officials (YEO) Network and ministerial leaders (AAMLC) from People For the American Way Foundation.

Later that day, we headed over to a rally and march only a few blocks away. At this time, the weather had reached its peak of 93 degrees, but this did not minimize the crowd of over 600 supporters. Music welcomed us and speakers from across the country greeted us with boisterous calls to action as they prepared us to take to the streets and rally for voters’ rights. We gathered our signs and water bottles and followed the crowd through the streets of downtown Winston-Salem as we chanted, “Forward together, not one step back!” and “What do you want? Justice! When do we want it? Now!” We were escorted by local police while onlookers from the side streets clapped and cheered us on. Music continued to serenade us as young and old, black and white supporters joined hands to dance in solidarity for justice and equality around voting rights. It was a magical experience that could only be felt in that moment. We walked back to our cars after the march not concerned with the sweltering weather or the sweat staining our clothes and faces. We were excited to be a part of history and exercise our rights to march and protest.

The lawsuit appealing H.B. 589 may not be resolved right away, but activists and allies will continue to take to the internet and streets to uplift the voices of marginalized communities whose rights are violated by those who were elected to serve an array of constituents – black, brown, and white. We will continue to interrupt the notion that young people can’t participate in the electoral process. We will align ourselves with the interests of those who fight for equality and human rights. The fight for voters’ rights is a necessary interruption in the face of injustice.

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No to ALEC: California Fights Back

This post was written by Johnson Pham, a Young People For fellow.

Last Wednesday, I joined thousands of folks as we gathered together to rally against the American Legislative Exchange Council (ALEC) during their annual meeting in San Diego. This was a massive protest to resist this right-wing organization, and they were met with many faces including workers, community organizers, faith-based leaders, and an assortment of other progressives.

ALEC is a national, corporate-funded organization that marries the interests of conservative legislators and corporate lobbyists. ALEC has been instrumental in drafting harmful legislation in many states, ranging from the “Stand Your Ground” law in Florida, to legislation  weakening environmental sustainability measures, to bills challenging women’s access reproductive health services. Notorious allies of ALEC include figures like Scott Walker and the Koch brothers.

ALEC pays for legislators to go on extravagant trips, where they collaboratively write legislation to be introduced word-for-word in their home states. ALEC’s event at the Hilton in San Diego was one of these opulent vacations afforded to legislators, and their presence in California was naturally met by resistance from progressive groups, who have clear stakes in resisting flagrant conservatism.

I went to this rally with the United Domestic Workers (UDW) Local 3930, a worker union that represents home-care providers in California. Homecare providers are one of the targets of ALEC, which has written bills targeting worker unions and pushing lower wages and benefits. We arrived at the Embarcadero Marina Park in San Diego close to noon and were met by hundreds of other progressives who greeted everyone with an embrace. It was truly a staggering experience to see such unconditional love and community expressed across the board.

The speak-out portion of the rally was studded with champions from the labor movement, including the legendary Dolores Huerta, who co-founded the United Farm Workers (UFW) movement and now sits on the board of PFAW. Dolores has been one of my heroes since I learned who she was, and I had the opportunity to meet her in living flesh at the rally. She spoke with conviction and presence and talked about our individual ability to bring others into the movement. She implored us to never give up this good fight, and communicated her love for this community and for the movement.

pham and dolores

The rally was a short walk from the park to the hotel, where folks continued to give their testimonies about why they are in this fight, and the challenges we face. This continued until 5PM, until hotel security brought in a squadron of police officers in response to rumors of a civil disobedience action occurring soon in the hotel lobby. I left the rally on my bus with the union, and we were unified in our sweat, laughter, and fulfillment from the day.

As a new YP4 fellow, I shared a lot about my love for the labor movement during our regional retreat, and this experience has only further cemented this deep-set appreciation. As someone who comes from a working-class background, there I’m deeply committed to making sure that families do not have to struggle to feed themselves or their children. Seeing for myself how resilient working families are in the face of billionaires and their lobbyists gives me incredible hope for this movement.

alec rally

Corporate-backed institutions like ALEC are antithetical to the values my parents passed to me when I grew up, like having respect and compassion for everyone, and supporting the people who need it the most. I learned from this action that this collective movement is larger than what I could have ever believed. That this movement consistsed of leaders who came before me, my elders, and will continue on past what I will be able to do in this line of work. It is indisputable that ALEC got the point that they are not welcome or liked in California, and even now, organizers behind the protest are getting ready for a follow-up action in the coming weeks.

The fight continues.

PFAW Foundation

EEOC Says Anti-Gay Discrimination Is Illegal Sex Discrimination

EEOC: Sexual orientation discrimination is sex discrimination because it means treating an employee less favorably because of their sex.
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North Carolina Courts Test State Voter Restrictions

On Monday, a federal trial began in Winston-Salem, North Carolina to see if recent changes in the state’s election laws unfairly and purposefully discriminate against minority voters. The changes in question include an end to same-day registration, an end to a high school voter registration program, and a reduction in early voting days.

The Supreme Court’s decision in Shelby County v. Holder gutted a key provision of the Voting Rights Act by striking down a coverage formula that identified nine states – including North Carolina – with a history of voter discrimination. Before the 2013 ruling, federal approval was needed before any changes in election laws in these states could go into effect. However, in the immediate aftermath of Shelby County, Republicans in the North Carolina state legislature were able to implement the restrictions without federal approval.

The North Carolina N.A.A.C.P, League of Women Voters, a group of college students, and the Department of Justice initiated the case, arguing that the measures should be struck down, and that North Carolina should be required by the court to submit voting proposals to federal approval since the contested measures were intended to discriminate, in violation of the Constitution.

Several states remodeled their voting laws following the Shelby decision; however, North Carolina’s restrictions represent some of the broadest changes in the country.

This case is the latest development in a series of initiatives to protect the right to vote across the United States, including by restoring and strengthening the Voting Rights Act. PFAW recently participated in a rally in Roanoke, Virginia, and members of our affiliate People For the American Way Foundation’s leadership networks are participating in today’s events surrounding the beginning of the trial in Winston-Salem. 

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Hobby Lobby: One Year Later

This post is written by YP4 intern Christina Tudor.

The National Women’s Law Center (NWLC) recently released a report listing all the ways in which the year old Hobby Lobby decision has opened the door to allowing religious exemptions for all sorts of things. NWLC’s report “The Hobby Lobby ‘Minefield’: The Harm, Misuse, and Expansion of the Supreme Court Decision,” highlights how the decision has set the stage for perpetuating discrimination beyond limiting access to birth control and placing restrictions on coverage.

The distortion of “religious liberty” and the Religious Freedom Restoration Act that informed the Hobby Lobby case has led to a paramedic student claiming his religious beliefs should exempt him from vaccination requirements and some religious groups refusing to provide health care services to sexually-abused refugees. It’s even been used as a defense to try to avoid criminal prosecution for a violent kidnapping.

One Supreme Court decision can do all that damage?


Unfortunately, yes.

As Justice Ginsburg warned in her dissent, “The Court, I fear, has ventured into a minefield.”

It turns out that she was very right.

According to NWLC’s report, in the last year, there have been “attempts to use RFRA to challenge laws that: protect women, LGBTQ individuals, and students from discrimination; protect employees by allowing them to unionize; promote public health by requiring vaccinations; and require pharmacies to fill lawful prescriptions.”

Distorting the true meaning of religious liberty, the Supreme Court ruled that employers and businesses can use RFRA to justify their incompliance with the ACA. In other words, this decision gives bosses the freedom and the power to discriminate against their employees, and this disproportionately impacts women and their families.

The Hobby Lobby ruling has an even greater impact on working class women and their access to affordable, readily available birth control and health care services that they are entitled to and need. Lack of birth control access can also greatly increase economic instability, therefore further increasing inequality.

Equally troubling are objections to D.C. anti-discrimination laws by The Family Research Council, Concerned Women for America, Alliance Defending Freedom, USCCB and eleven other organizations based upon the distortion of religious liberty.

Clearly Hobby Lobby will continue to have a serious impact on men and women across the country, especially women of color and low-income women, as more individuals and companies try to deny basic rights under the mantle of “religious accommodations.” 

PFAW Foundation

Unanimous D.C. Circuit Rejects Attacks on "Pay to Play" Prohibition

The D.C. Circuit details the history of corruption surrounding campaign money and federal contracting.
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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.
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A Historic Day for Liberty, Equality, and America

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

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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?
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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