People For the American Way

Health Care and the Politics of Anti-Choice Activists

Anti-choice politics have become dangerously entangled with health care reform as evidenced by the troubling vote in the House of Representatives over the weekend for the Stupak-Pitts amendment. The legislation makes it virtually impossible for private insurance companies participating in the proposed new health care system to cover abortion services.

In an effort to maintain the status quo and avoid the use of federal funds to cover abortion care, the House had fashioned a compromise that required all health insurance plans to separate public and private dollars, thereby insuring that no tax dollars would be used to cover abortion services. At the urging of the U.S. Conference of Catholic Bishops that approach was rejected as unworkable; what was adopted instead, in the Stupak-Pitts amendment, is a radical departure from current law.

And, in an interesting note, here’s a must read op-ed from NARAL Pro-Choice America and Catholics for Choice pointing out that the system for separating out public and private dollars rejected by the House as unworkable employs the same principle for segregation of funds that the Catholic bishops have routinely used for managing federal funds they receive to ensure that tax dollars don’t finance religious practice.

Please sign our petition to Senator Reid urging him to help keep the Stupak-Pitts amendment out of the Senate health insurance reform bill.
 

PFAW

What Do the Results of this Year’s Gubernatorial Races Tell Us About 2010?

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?

Not much.

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?

Not much.

PFAW

A Not-So-Great End to a Very Good Week

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.)
 

PFAW

Gearing Up for Enforcement of Hate Crimes Prevention Act

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."

PFAW

Obama Honors Shepard and Byrd by Signing Hate Crimes Law

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.

PFAW

Marriage Equality Marathon

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.

Watch my testimony here: 

PFAW

PFAW Opposes Unconstitutional Vitter-Bennett Amendment

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.

PFAW

Obama Continues to Defend Discrimination

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.

PFAW

Perez Says Justice Department Will Attack Gay Discrimination

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.

PFAW

National Equality March

Sunday, October 11, 2009 marked Coming Out Day and the National Equality March in Washington DC. The sun was shining but it wasn’t too hot. There was a large crowd of tens of thousands of people who came from near and far to attend the march. There were lots of college students who came from all over the country to march. The area was well guarded with police officers on segways and on foot. The atmosphere was peaceful and upbeat.

I only encountered a few protesters saying that gay people are going to hell and that they are here to save us. These protesters also had anti-choice posters with pictures of aborted fetuses. Although I am not sure how gay rights and abortion are related, my guess is these right wingers just wanted to lump all the liberally minded causes together.

Most of the homemade signs addressed the Defense of Marriage Act and Don’t Ask Don’t Tell. One favorite sign: “Obama—let mommy marry momma!” and the chant “Hey-hey! Ho-ho! Homophobia has got to go!” I carried my handmade sign reading “Pass a trans-inclusive ENDA” while a friend I marched with carried their sign reading “Equali(t)y—the T is not silent!” although there were very few other signs addressing ENDA or other gender identity-specific sentiments. Our chant of “Hey-hey! Ho-ho! Transphobia has got to go!” caught on for a while but didn’t seem to gain as much momentum as some of the other chants.

With the combination of perfect weather, good company, and an excellent cause, I left the march feeling excited about how many young people were at the march and the energy that we—as young activists—have towards LGBT issues. And even as we push to repeal DOMA and Don’t Ask Don’t Tell, it’s important that we make sure that the ENDA gets the grassroots support it deserves.

PFAW

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