Massachusetts

77% of Business Leaders Want Disclosure Laws

Last week, we wrote about the negative reaction some local chambers of commerce have had to the U.S. Chamber of Commerce’s $75 million spending spree on campaign ads. It turns out small businesses aren’t the only ones upset by the Chamber’s political spending and wary of getting involved in national politics. Eliza Newlin Carney of the National Journal reports that many business leaders are questioning the wisdom of contributing to political campaigns, and especially of keeping those contributions secret:

In a Zogby International poll of more than 300 business leaders commissioned by the CED, fully 77 percent said that they “strongly” or “somewhat” support disclosure of the political money corporations spend, both directly and indirectly through third-party groups that run campaign ads. Two-thirds supported the statement that “the lack of transparency and oversight in corporate political activity encourages behavior that puts corporations at legal risk and endangers corporate reputations.”

Caught in the crossfire is the U.S. Chamber, whose pro-GOP spending and advertising blitz was underwritten in part by seven-figure corporate contributions. A trio of Massachusetts investors last month filed shareholder resolutions at some half-dozen corporations that sit on the chamber’s board, urging them to take a more active role on what they called the trade group’s “passive and compliant” board.

Shareholders object to the chamber’s aggressive and partisan midterm spending, its recent lobbying push to challenge or stall recently-enacted financial reforms, and to its policy positions on issues such as climate change, said Timothy Smith, senior vice president at Boston-based Walden Asset Management, one of three investor groups that issued the challenge. Shareholders have also approached close to two dozen companies that do not serve on the chamber’s board, Smith said.

And it seems that many business leaders took to heart the lesson that Target learned the hard way this summer when it spent money to help the campaign of far-right Minnesota gubernatorial candidate Tom Emmer and met with a strong backlash:

“I think there are real counter-pressures developing,” said Bruce Freed, president of the Center for Political Accountability, a nonprofit that advocates better corporate governance. Business leaders are increasingly sensitive to the risks that their campaign expenditures pose, said Freed. The uproar over Target Corp.’s indirect backing for a Minnesota gubernatorial candidate opposed to gay rights was a wakeup call, he added: “Companies are recognizing that we really need to protect ourselves.”

When 77% of business leaders join 84% of Americans in agreeing that their political spending should be disclosed to the public, it makes you wonder just who Republicans in Congress are looking out for by refusing to pass disclosure legislation.
 

PFAW

How DOMA Harms Real People in Real Ways: Exhibit A

The Justice Department today refused to step in to prevent the deportation Genesio Oliveira, a Brazilian man recently reunited with his husband, an American citizen, in Massuchusetts. In March, Oliveira and his husband followed the procedure to obtain a green card for Oliveira, as the immigrant spouse of an American citizen. But because the Defense of Marriage Act prevents the federal government from recognizing same-sex marriages, they were out of luck.

Oliveira’s case became a high-profile cause after his husband, Tim Coco, invested in ads to bring attention to the couple’s plight. Senator John Kerry also took up the case.

Coloradoan Joshua Vandiver and his Venezualan husband Henry Velandia face the same legal roadblock. Watch them tell their story:

In June, a federal judge in Massachusetts ruled unconstitutional the section of DOMA that prevents the federal government from recognizing same-sex marriages, finding that the law was motivated simply by “irrational prejudice.” The Obama Administration has appealed the ruling.
 

PFAW

Big Victories for Young Progressives

This year People For the American Way Action Fund endorsed over eighty candidates of the age 35 or younger who were running for public office. Many of the candidates were already elected officials, while others were running for office for the very first time. The PFAW Action Fund helped provide young progressives with the resources to spread and bolster their messages of equality, justice, and good-government, and put them in the leadership pipeline to strengthen the progressive movement.

Of the candidates we endorsed for the general election, seventy-two of the eighty-six endorsed candidates won their races! Highlights from Tuesday include:

  • Kyrsten Sinema of Arizona, a solidly progressive State Representative and one of Time magazine’s 40 under 40, was elected to the State Senate.
  • Elena Parent of Georgia upset a conservative incumbent to secure a seat in the State House.
  • Ariana Kelly, a women’s-rights activist from Maryland, was elected to the House of Delegates.
  • Angie Buhl, a YP4 Fellow and Front Line Leaders Academy graduate, won a seat in the South Dakota State Senate.
  • We are also still waiting to hear the final results of Montana State Rep. Kendall Van Dyk, who is currently slightly ahead of his right-wing opponent in a competitive race for the State Senate.

Congratulations to all of the young candidates, and we hope you can support the efforts of the PFAW Action Fund to ensure a progressive future.

PFAW

PFAW Sends Letters to GOP Leaders Urging them to Denounce Fischer, Skip Values Voter Summit

People For's President, Michael Keegan, sent the following letter today to Virginia Governor Bob McDonnell, Minnesota Governor Tim Pawlenty, Minnesota Rep. Michele Bachmann, Indiana Rep. Mike Pence, former Arkansas Governor Mike Huckabee, and former Massachusetts Governor Mitt Romney, and Delaware Senate candidate Christine O'Donnell, all of whom are scheduled to appear this weekend at the Values Voter Summit, alongside the virulently anti-Muslim and anti-gay Bryan Fischer.

Dear ________:

I am writing to express my concern about your appearance this weekend at the upcoming Values Voter Summit. Among the participants this weekend will be Bryan Fischer of the American Family Association. We urge you to publically denounce Fischer’s record of hate speech and extremism, and reconsider appearing beside him this weekend.

People For’s RightWingWatch.org blog has tracked Fischer’s career over the past several years. His long and prolific record of hate speech and extremism includes the following recent statements. Just in the past year, Fischer has:

I am attaching the names of over 6,500 concerned citizens who have signed the following letter regarding your participation in the summit:

Values Voter Summit Participants:

Reasonable people can, and do, have reasonable differences of opinion. Bryan Fischer, of the American Family Association, is not a reasonable person.

By sharing a stage with Fischer at this year's Values Voter Summit, public figures acknowledge the credibility of his shameless anti-Muslim and anti-gay propaganda. Any candidate thinking seriously of running for president in 2012 should think twice about standing alongside a man who has called for the deportation of all Muslims in America; insulted Muslim servicemembers; claimed that brave Americans died in vain because Iraq was not converted to Christianity; and called gay people deviants, felons, pedophiles and terrorists. Bryan Fischer is no mainstream conservative. And neither is any person who shares a platform with him while refusing to denounce his hate-filled propaganda.

We urge you to denounce Fischer's extremism and separate yourself from his comments.

For more background on Fischer’s extreme rhetoric, please click here.

Fischer’s appearance with conservative leaders such as yourself lends his extreme hate speech credibility. We urge you to publicly denounce Fischer’s record and to think twice about sharing the stage with him.

Sincerely,

Michael B. Keegan
President, People For the American Way

 

PFAW

The “Irrational Prejudice” Behind DOMA

Yesterday, a federal judge in Massachusetts struck down a key part of the Defense of Marriage Act on two separate constitutional challenges. Judge Joseph Tauro, a Nixon appointee, ruled that the provision banning the federal government from recognizing gay people’s marriages violates the Constitution’s guarantee of equal protection, and the principle of state sovereignty.

Tauro’s opinion in the equal protection case includes some strong words on the motivation behind DOMA, the 1996 law designed to push back against states granting marriage equality. The main purpose of the law was to disadvantage a particular set of people simply out of dislike for them, he writes…and that sort of motivation doesn’t pass constitutional muster:

This court simply “cannot say that [DOMA] is directed to any identifiable legitimate purpose or discrete objective. It is a status-based enactment divorced from any factual context from which [this court] could discern a relationship to legitimate [government] interests.” Indeed, Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification, the Constitution clearly will not permit.

In the wake of DOMA, it is only sexual orientation that differentiates a married couple entitled to federal marriage-based benefits from one not so entitled. And this court can conceive of no way in which such a difference might be relevant to the provision of the benefits at issue. By premising eligibility for these benefits on marital status in the first instance, the federal government signals to this court that the relevant distinction to be drawn is between married individuals and unmarried individuals. To further divide the class of married individuals into those with spouses of the same sex and those with spouses of the opposite sex is to create a distinction without meaning. And where, as here, “there is no reason to believe that the disadvantaged class is different, in relevant respects” from a similarly situated class, this court may conclude that it is irrational prejudice that motivates the challenged classification. As irrational prejudice plainly never constitutes a legitimate government interest, this court must hold that Section 3 of DOMA as applied to Plaintiffs violates the equal protection principles embodied in the Fifth Amendment to the United States Constitution.

It seems pretty straight-forward to conclude that the Constitution doesn’t allow Congress to discriminate against people just because they dislike them…but, of course, conservative groups are already calling itactivism.”
 

PFAW

Big Money in State Elections

The PFAW Foundation’s Young Elected Officials Network is gathering this week in Washington, in part to discuss how to work on national progressive issues on the state and local levels.

A panel this afternoon discussed local activism to fix the Supreme Court’s decision to grant corporation’s huge power to influence elections—and the outsized impact that corporate money can have on state- and local-level campaigns with small budgets.

Jeffrey Clements, and attorney who helped found the advocacy group Free Speech for the People, brought up the case of Montana, whose nearly hundred-year-old ban on corporate campaign contributions and expenditures is being challenged in court in the wake of Citizens United. In 2008, the average winning state senate candidate in the state spent just $17,000. An infusion of corporate cash into the state's elections would have a dramatic impact, Clements argued.

Massachusetts State Senator Jamie Eldridge, a member of the YEO Network, came to the issue with an interesting perspective—he is the only “Clean Elections” candidate to have ever won office in Massachusetts (he first ran for a seat in the state House of Representatives one year in which Massachusetts had a Clean Elections public financing program).

“When I first ran, I was entirely publicly financed,” he said, “I didn’t have to raise money and could go door-to-door talking to voters about what they cared about.”

State elections with unlimited contributions from corporations and individuals aren’t uncharted territory—six states currently have no contribution limits at all—but it will be interesting to see how campaigns in states like Montana change if the rules that candidates have been playing by for decades disappear.
 

PFAW

Voter ID Battles on the Horizon

The fight to protect voting rights celebrated a victory last fall in the Indiana State Court of Appeals. There, the court struck down what has become known as the strictest voter identification law in the country.

But it’s an election year again, and, as Tova Wang points out at TPM, it's not over in the Hoosier state.

An Indiana state court recently struck down the state's voter ID law, the most restrictive ID law in the country, and the Indiana State Supreme Court has just announced it will hear arguments on appeal March 4.

And that's not the only place voter ID laws are cropping up:

At least nine states and a city in Massachusetts (of all places!) are considering bills introduced in January 2010 that make identification requirements for voting more strict and/or require proof of citizenship in order to register to vote. As usual, the debates are partisan. This is particularly true in South Carolina where it is estimated that 178,000 South Carolinians do not have the photo identification they would need to vote under the proposal.

There has yet to be any proof of significant voter fraud, but it seems to be political concerns, not principle, pushing these initiatives forward.

Instead of working to suppress the votes of American citizens, perhaps these legislators could help fix the real problems in the nation’s flawed voter and electoral systems--systems that are integral to our democracy.

PFAW

Extra! Extra! 59 is more than 41!

In the wake of yesterday's extremely disappointing election in Massachusetts, you'd be forgiven for thinking that the Democrats had somehow lost control of the Senate.  In fact, the Democrats still have an 18 vote majority--an enormous power base in a legislative chamber with only 100 seats.

Former Solicitor General Walter Dellinger points out that on Supreme Court nominations, President Obama has a majority that most presidents would envy:

President George H. W. Bush had only 43 Republican Senators when he nominated Judge Clarence Thomas – undoubtedly the most conservative nominee of the past half-century – to the Supreme Court. That’s right: 43 Senators of his party. In the end, Justice Thomas was confirmed 52 to 48. The nomination was not remotely close to having enough Senators to prevail on a cloture vote – that would have required all 43 Republicans, joined by 17 Democrats. But he was confirmed because the settled expectation was that the President and the country are entitled to have an up or down vote on a matter such as a Supreme Court nomination. A filibuster that prevented such a vote was politically unthinkable.

And if there aren't 60 votes in favor of a particular issue or nominee?  Let them filibuster.  After a while, voters might start wondering why it is that 41 senators won't allow a vote on legislation with clear majority support.

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

New Hampshire Joins the Fight for Marriage Equality

As you may know, Governor John Lynch of New Hampshire signed a marriage equality bill into law yesterday. Previously, Gov. Lynch had supported civil unions, but not not same-sex marriage. In a statement released yesterday, the governor made clear that his feelings on the matter had shifted course, thanks to the case made by activists, same-sex couples, and the general public:

"Two years ago in this room, I signed civil unions into law. That law gave same-sex couples in New Hampshire the rights and protections of marriage. And while civil unions was recognized as a step forward, many same-sex couples made compelling arguments that a separate system is not an equal system.

They argued that what might appear to be a minor difference in wording to some, lessened the dignity and legitimacy of their families."

New Hampshire joins the growing list of states that have passed laws supporting full marriage equality: Massachusetts, Connecticut, Vermont and Maine, along with Iowa.

The governor signed the bill amid cheers of praise, as he was joined in the Executive Council Chamber by lawmakers and activists who had fought so hard to make marriage equality a reality.

Bishop V. Gene Robinson, an openly gay religious leader who heads the Episcopal Diocese of New Hampshire, spoke at a celebratory rally. He "told supporters to savor the moment so they can tell their children and grandchildren 'you were here and you made it happen.' "

Gov. Lynch didn't miss out on an opportunity to point out that same-sex couples still face unequal treatment from the federal government:

"Unfortunately, the federal government does not extend the same rights and protections that New Hampshire provides same-sex families, and that should change."

The law will take effect January 1, 2010, and by that time, hopefully, more states will have followed suit.

PFAW

Maine Becomes Latest State to Make Gay Marriages Legal

Today, Maine became the latest state to affirm the freedom to marry for same-sex couples, joining Massachusetts, Connecticut, Iowa, and Vermont when Gov. John Baldacci signed into law LD 1020, An Act to End Discrimination in Civil Marriage and Affirm Religious Freedom. People For the American Way applauds Gov. Baldacci for recognizing that this is about fairness and equal protection under the law for all citizens of Maine. In a public statement, Gov. Baldacci said:

“In the past, I opposed gay marriage while supporting the idea of civil unions. I have come to believe that this is a question of fairness and of equal protection under the law, and that a civil union is not equal to civil marriage.

“Article I in the Maine Constitution states that ‘no person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person’s civil rights or be discriminated against.’

“This new law does not force any religion to recognize a marriage that falls outside of its beliefs. It does not require the church to perform any ceremony with which it disagrees. Instead, it reaffirms the separation of Church and State.

“It guarantees that Maine citizens will be treated equally under Maine’s civil marriage laws, and that is the responsibility of government.”

This news comes a day after the D.C. Council voted 12-1 to recognize same-sex marriages performed in other states. Congratulations to the Maine Legislature and all those who are working hard to make fairness and equality for same-sex couples in Maine a reality.

PFAW

If You Care About the Environment . . .

You should also care about the Supreme Court.

In a setback for environmentalists, the Supreme Court ruled on Wednesday that federal regulators may consider costs when deciding whether to order the operators of power plants to install protections for fish.

By 6 to 3, the court overturned a ruling by the United States Court of Appeals for the Second Circuit, in Manhattan, which had ruled that the Clean Water Act barred the Environmental Protection Agency from engaging in the kind of cost-benefit analysis that it had proposed.

The recent narrow-but-good decision in Massachusetts v. EPA shouldn’t fool anyone into thinking that the Supreme Court is a particularly green institution at the moment, and today’s 6-3 decision (Justice Breyer wrote a concurrence) should be a reminder that the “liberal” wing of the Court is far from uniform. There’s a big difference between a good Justice and a great one, especially when it comes to environmental issues.
 

PFAW

Stop Voter ID in Texas

The New York Times editorial board probably didn’t write their piece today directly in response to a vote in the Texas State Senate yesterday, but they might as well have. 

From the NY Times editorial:

In last year’s presidential election, as many as three million registered voters were not allowed to cast ballots and millions more chose not to because of extremely long lines and other frustrating obstacles. Ever since the 2000 election in Florida, the serious flaws in the voting system have been abundantly clear. More than eight years later, Congress must finally deliver on its promise of electoral reform.

At a hearing last week, the Senate Rules Committee released a report sponsored by the Massachusetts Institute of Technology on the sorry state of voting. It said that administrative barriers, such as error-filled voting lists or wrongful purges of voter rolls prevented as many as three million registered voters from casting ballots. Another two million to four million registered voters were discouraged from even trying to vote because of difficulty obtaining an absentee ballot, voter ID issues and other problems.

More on the voter ID bill from the Dallas Morning News:

Senate Republicans pushed through a bill Tuesday that would require Texans to show a photo ID or two alternative IDs before voting, while Democrats shifted their efforts to derail the legislation to the House.

The measure, commonly referred to as "voter ID," was approved 19-12, with all Senate Republicans voting for the bill and all Democrats voting against it. A final vote will be required Wednesday before the proposal is sent to the House.

As if we need any extra barriers to an already broken system.

The article goes on to say that there’s a 50-50 chance of passage in the House. There are 76 Republicans and 74 Democrats in the House. That means your calls and advocacy are crucial. If you’re a Texas resident, make sure to call your representative and tell them that to stop this thinly-veiled attempt to keep certain kinds of voters – voters who wouldn’t vote for them – away from the polls.
 

PFAW

A Long Night

If Pennsylvania, Virginia, Ohio, and Florida go decisively for Obama, those of us on the east coast may have a pretty good idea of who the next president will be and still get a good night’s sleep.

But there’s at least one contest that’s certainly worth waiting up for – the fight to defeat Prop 8 in California, which would amend the state constitution to prohibit same-sex couples from getting married. The polls don’t close until 11 p.m. eastern time, and the results probably won’t be known until well after that.

While you’re waiting up, you can use the time to read Andrew Sullivan’s short, lovely piece on his own nuptials and what they say about the institution of marriage in America.

The wedding occurred last August in Massachusetts in front of a small group of family and close friends. And in that group, I suddenly realized, it was the heterosexuals who knew what to do, who guided the gay couple and our friends into the rituals and rites of family. Ours was not, we realized, a different institution, after all, and we were not different kinds of people. In the doing of it, it was the same as my sister’s wedding and we were the same as my sister and brother-in-law. The strange, bewildering emotions of the moment, the cake and reception, the distracted children and weeping mothers, the morning’s butterflies and the night’s drunkenness: this was not a gay marriage; it was a marriage.

PFAW

Reigniting the Culture War

For all the talk about reformers and mavericks, the Republican convention this week struck me as a return to the GOP's decades-old culture-war handbook, with speaker after speaker launching attacks on the "elites" in the media and Washington who supposedly look down on small-town America. At the GOP convention, there was a dispiriting number of distortions and ugly charges hurled from the podium, but nothing exemplified the spirit of the event to me more than the repeated outright mockery of community organizers.

PFAW

Marriage Back in Court — Another Chance for California to Make History

Sixty years ago, the California Supreme Court courageously became the first in the country to strike down a law that prohibited interracial marriage — a full twenty years before the United States Supreme Court effectively wiped such laws off the books nationwide. Tomorrow, the California Supreme Court will once again confront marriage discrimination as it hears oral arguments in the consolidated lawsuits challenging the state's refusal to allow same-sex couples to marry. Although the California legislature passed a bill that would have ended this discrimination , it was vetoed by the Governator, and it is now once again up to the state Supreme Court to ensure that, in California at least, equality under the law is a reality for all.

PFAW