111th Congress

Senators Dodd and Udall call for a constitutional amendment

Yesterday, Senators Christopher Dodd and Tom Udall introduced a constitutional amendment to correct the Supreme Court’s recent ruling in Citizens United v. Federal Election Commission. According to Senator Dodd:

Ultimately, we must cut through the underbrush and go directly to the heart of the problem, and that is why I am proposing this constitutional amendment: because constitutional questions need constitutional answers.

People for the American Way applauds Senators Dodd and Udall, Senator John Kerry, and House members like Donna Edwards, John Conyers, and Leonard Boswell, for pushing constitutional amendments. We believe that this is the only complete remedy for the grave threat posed to our democracy by the Roberts Court and its equation of corporations with individuals – a perversion of the First Amendment.

While legislation is a crucial part of the effort to repair this decision, it should be only a part of our response. Constitutional amendments are warranted in only the most extreme circumstances. This is one of them.

You can join People For the American Way’s call for a constitutional amendment by signing our petition at http://www.pfaw.org/Amend.

PFAW

Correcting the Court is nothing new

On January 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act into law, restoring the rights taken away by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Company. One year to the day, a new movement is afoot to correct the Court.

Title VII of the Civil Rights Act of 1964 was enacted to protect individuals from discrimination they face in the workplace.  In Ledbetter, the Supreme Court undermined that protection by holding that employees who are subjected to pay discrimination must bring a complaint within 180 days of the discriminatory compensation decision and that each paycheck that is lower because of such discrimination does not restart the clock.  Advocates fought hard for a law that would reiterate Congress’ intent to hold employers accountable for their discriminatory practices and to allow employees a fair chance to challenge unlawful pay discrimination.

Advocates are now calling for another Court correction, this time in response to the Citizens United ruling, which prohibits Congress from limiting the influence of corporations in elections for public office. Not only is this a radical departure from longstanding precedent, it defies common sense: it argues that corporations and American citizens have identical free speech rights under the Constitution. As Justice Stevens pointed out in his dissent, corporations are not people. They cannot vote, they cannot hold office, and they should not be allowed to pour billions of dollars into our system of government.

Unfortunately the fix we found in for the Ledbetter decision is not enough to fix Citizens United. Legislation, while important and critically needed to mitigate the effects of the decision, may ultimately prove to be inadequate against the unfettered influx of corporate election spending. Only a constitutional amendment can restore the American people’s authority to regulate corporate influence in our elections and restore our democracy.

People For the American Way is calling for just such an amendment. Click here for more information and to sign our petition.

PFAW

Reproductive rights 37 years later

Roe v. Wade established a constitutional right to privacy and protected a woman's right to make reproductive decisions based on her own life, health, and conscience. Today, on the 37th anniversary of this landmark ruling, we face a new call to action.

People For the American Way shares the widely held view that abortion should be safe, rare, and legal. We believe that healthcare reform can and should uphold these principles. Unfortunately, current legislation would do more to restrict the rights of women than it would to protect them.

In the House, health insurance plans that participate in the new exchange would be prohibited from providing full reproductive health benefits to millions of American women. Senate language sets up an unworkable system in which women are forced to purchase abortion coverage separately from other healthcare needs, which violates privacy and stigmatizes abortion, and also has the potential to dissuade insurance companies from offering abortion coverage in the first place.

While the Senate has not gone as far as the House in its restrictions, neither bill upholds President Obama’s promise that those who are happy with their healthcare before reform will be able to keep it after. It is critical that whatever he is asked to sign is, at the very least, abortion neutral. Now is the time to defend women’s rights – not roll them back.

Please stand up to right-wing activists who want to hold healthcare reform hostage.

PFAW

Sotomayor takes progressive step forward, refers to “undocumented immigrant”

Senator Durbin once referred to America’s immigration crisis as a “crisis of humanity.” Yesterday, Supreme Court Justice Sonia Sotomayor agreed when she referred to immigrants not as “illegal” or “alien” but as “undocumented.” Use of this humanizing term marks both the first ruling of Justice Sotomayor’s high court career, and also the first time such a term has been used by the Court as a whole – ever.

As reported by the New York Times:

"In an otherwise dry opinion, Justice Sotomayor did introduce one new and politically charged term into the Supreme Court lexicon.

Justice Sotomayor’s opinion in the case, Mohawk Industries v. Carpenter, No. 08-678, marked the first use of the term “undocumented immigrant,” according to a legal database. The term “illegal immigrant” has appeared in a dozen decisions."

Undocumented immigrants don’t sacrifice their humanity when they decide to cross the border. Many who come to the United States, including the undocumented, decide to come here in hopes of creating a better life for themselves and their families. What value could be more human that that?

No person is “illegal.” And as far as I know, none of us is “alien.” That Justice Sotomayor recognizes this is a hopeful signal for the future of immigration in the Court’s jurisprudence.

Click here for more information from America’s Voice.

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

Hate Crimes Legislation Passes the House

Last night, the House passed the Department of Defense Authorization bill in a 281 to 146 vote. Attached to the legislation was the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which will expand current hate crimes law to cover acts of violence motivated by a victim's sexual orientation, gender, disability or gender identity.

The bill passed despite Republican opposition to the hate crimes provision and accusations that it would prosecute "thought crimes." People For the American Way President Michael B. Keegan said in a statement:

Last night's vote was an important step towards finally enacting these hate crimes protections into law. This bill will help ensure that fewer Americans will become victims of violence simply because of who they are, while at the same time providing strong First Amendment protections. Limited hate crimes protections have existed for years on the basis of race and religion. It's long past time to expand this to include other targeted groups. I'm especially proud that this bill includes protections based on gender identity-the first time gender identity will receive positive protection in federal law.

The Byrd/Shepard Act is expected to pass in the Senate next week, the same week as the anniversary of the death of Matthew Shepard, the University of Wyoming student murdered in 1998 because he was gay.

PFAW

Hate Crimes Legislation One Step Closer to Becoming Law

Last night, in a 178-234 vote, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act moved one step closer to becoming law. This legislation protects victims of hate crimes based on disability, sexual orientation, gender, or gender identity. 

The vote was taken on what's called a motion to instruct conferees - this one would have instructed those negotiating a final Defense Authorization bill to remove the hate crimes language included by the Senate. In a series of speeches (item 35) fit only for Right Wing Watch, the motion's supporters tried to take down this critical update to "equal protection under the law." Thankfully, their efforts were to no avail, and the Shepard/Byrd bill may soon reach President Obama's desk. A few minor hurdles remain, but we hope to see it signed within the next week.

With the stroke of a pen, the President will have an opportunity to send loud and clear the message that freedom from discrimination is a right all Americans should enjoy. And we cannot forget that this action would affirm - for the first time in federal law - a positive protection for gender identity.

Click here for more information from People For the American Way and African American Ministers in Action.

PFAW Foundation

DC has a 200-year long line at the polls…but not for long

Long lines at the polls on Election Day are a problem not to be ignored. But imagine if you had been standing in line to vote since 1801. That’s where you’ll find the nearly 600,000 Americans living in DC. Thankfully, their 200-year wait is nearly over.

This morning the Senate brought DC one step closer to the ballot box by clearing a procedural hurdle placed in the way of the District of Columbia House Voting Rights Act of 2009 (S. 160). I was in the Capitol as 62 Senators cast votes in favor of moving this bill forward. By the end of the week, it may very well be in the hands of the House. Then it’s on to the President’s desk. President Obama is a strong supporter of DC voting rights and a former cosponsor of the bill, which would give DC a full Representative with the same voting power as other House members.

As I joined my colleagues who had gathered for the vote, I couldn’t help but think about my own journey to get to this point. DC voting rights has had a place in my portfolio for some time, and an even longer history with People For the American Way, an organization that has worked for years in the field and on Capitol Hill alongside DC Vote and its coalition in support of DC’s voting voice in Congress.

Today is a day of great celebration for all of us who belong to this movement, including those of you who have made calls, written letters, and visited Congress to say that House representation is long overdue for DC. Thank you for everything you’ve done.

But the fight is not yet over. The right-wing has S. 160 (and its House companion, H.R. 157) in its sight and will try to derail its progress. Contact your Representative and Senators to make sure they are on the right side of history when it comes to the rights of DC residents.

And the fight will not be over even when DC can cast a House vote. It is high time the nation’s capital be given both House and Senate representation, with voting power in both chambers.

PFAW

Syndicate content