citizenship

Lamar Smith Needs to Get His Facts Straight on the 14th Amendment

Rep. Lamar Smith, the new chairman of the House Judiciary Committee, is introducing himself to the American people. Someone should have told him to get his facts straight before talking about important issues affecting the lives of millions of people.

Smith had a letter published in the LA Times earlier this week, saying:

Congress should act to end birth citizenship for three reasons. ... [T]hird, during the debate on the 14th Amendment in 1866, a senator who helped draft the amendment said it would "not of course include persons born in the United States who are foreigners."

Actually, as Media Matters pointed out long ago, that quotation cuts out the rest of the sentence, a change that completely alters its meaning. The actual quote is:

[The amendment would] not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. (emphasis added)

So, contrary to Smith's assertion, the quote was limited to children born to diplomats.

Changing the comma to a period and eliminating the most important part of the sentence may serve the far right's anti-constitutional agenda, but it doesn't serve the cause of truth or civil debate, and it doesn't help Rep. Smith gain the trust of the American people. On a matter as central to American liberty as the Fourteenth Amendment, he needs to get his facts straight.

PFAW

The Tea Party’s Constitution

The new House GOP majority is planning to read the entire Constitution aloud on the House floor tomorrow. We can’t argue with that—our elected representatives can always use a brush-up on what’s in the document. But what’s troubling about the GOP’s planned Constitution-reading is that the new far-right class of House Republicans is trying to paint themselves as the sole defenders of our nation’s laws.

In fact, as PFAW’s Jamie Raskin examines in a new report, the Tea Party movement and the elected officials it empowered are in fact fighting against selected values in the Constitution. Raskin writes of the Tea Party’s relationship with the Fourteenth Amendment:

By railing against the Sixteenth and Seventeenth Amendments, the Tea Party makes clear that it is not at peace with our written Constitution, and its hostility to democratic constitutional purposes runs even further back than its opposition to Populist and Progressive-era amendments. The Tea Party has problems with the Fourteenth Amendment’s fundamental protection of equal civil rights, the very anchor of modern democratic constitutionalism. Tea Party activists may dress themselves up in colonial garb and swear their devotion to the Constitution. But the Constitution they revere is not the real one, but only a projection of their own reactionary desires.

Tea Party leaders have a tortured relationship with the Fourteenth Amendment. They have been attacking its very first sentence, which grants citizenship to all people born in the United States: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” This sentence overturned the Dred Scott decision, which had determined that descendants of slaves could never be citizens of the United States with equal rights. Rep. Ron Paul (R-Tex,.) and other activists have been calling for a constitutional amendment to repeal this language in order to solve the crisis they perceive in the advent of Americans they call “anchor babies,” babies born in the United States to undocumented immigrants. At the same time, other conservative activists without the intellectual honesty of Rep. Paul and the constitutional repealers are claiming that this language does not establish birthright citizenship at all, despite the fact that it has always been understood that way. Ignoring the plain text, they contend that Congress can deny citizenship to the “anchor babies” through a simple bill, and they have proposed to do just that in the Birthright Citizenship Act, introduced by Rep. Lamar Smith (R-Tex.), the new chairman of the House Judiciary Committee.

This difference in opinion on whether to repeal this provision of the Fourteenth Amendment or simply deny its existence and legislate over it is a tactical skirmish, yet both sides essentially agree that it is time to subtract a long-standing and fundamental liberty from the Constitution. The last time we tried this was with Prohibition and we could expect similar chaos and division resulting from this kind of repressive effort if it succeeds today.

Beyond the first sentence, the Tea Party has even bigger fish to fry when it comes to the Fourteenth Amendment, which its leaders see, paradoxically, not as the legitimate and authoritative constitutional source for the civil rights revolution of the 1950s and 1960s, but rather as the illegitimate pretext for a massive assault on the civil rights and liberties of private business owners ever since then. This extraordinary controversy over the meaning and uses of the Fourteenth Amendment, the Reconstruction effort that gave rise to it, and the Civil War that made it possible, tells us everything we need to know about the boastful and ubiquitous claim that the Tea Party speaks for liberty and freedom.

Raskin’s report, Corporate Infusion: What the Tea Party’s Really Serving America, also tackles the Tea Party’s complicated relationship with populism, libertarianism, and the original Tea Party of the American Revolution.

You can read the whole thing here.

 

PFAW

Congress Moves Closer to Passage of DREAM Act

Yesterday, in a 216-198 vote, the House passed the DREAM Act, a measure that lays out a path to citizenship for young adults who were brought to the United States illegally as children, and who graduate from high school with the commitment to attend college or join the military. Today, the Senate took a procedural vote that temporarily delayed action on the measure in order to build more support for its consideration in the coming week.

Michael B. Keegan, President of People For the American Way, issued the following statement:

Until the DREAM Act becomes law, tens of thousands of young Americans will continue to be treated as criminals in the only homes they know. The Senate must follow the House’s example and work quickly to eliminate what is a fundamental injustice in American law. We support Senator Reid’s efforts to gather enough votes to pass DREAM, and urge fair-minded senators to throw aside divisive anti-immigrant politics and act with common sense and compassion.

Calls are still needed to the Senate: 866-996-5161. Here are some talking points from the National Immigration Forum.

Why should your Senators support the DREAM Act?

•    Because the public supports it—70%, according to a recent poll by First Focus.

•    Because the military wants it.  Secretary of Defense Bill Gates recently wrote a letter to the DREAM Act’s sponsor in the Senate in support of the DREAM Act.  Retired Gen. Colin Powell has also spoken publicly in favor of the DREAM Act.  The DREAM Act will help the military meet recruitment goals, because one of the ways students will qualify is to serve in the military.

•    Because taxpayers deserve a return on their investment.  Allowing immigrant students to continue their education and achieve their potential will translate into better jobs and higher tax revenue when these promising young people enter the workforce.  A single-minded focus on enforcement, as proposed by anti-immigrant Members of Congress would deny taxpayers this return on investment, and result in higher deficits, cuts in other programs, or higher taxes to pay to deport these immigrant youth.

Also from the National Immigration Forum, the story behind today’s Senate action.

The Senate vote on a motion to table the DREAM cloture vote, which took place moments ago, reflected a strategic decision to buy time to build more support for the DREAM Act.

If you were watching the vote or saw a headline about it, you may have been puzzled as to why Senate Leader Reid made a motion to table his own cloture motion, and why so many Democrats voted for it.  Why did this happen?

It’s complicated.  Republicans have vowed to block every bill in the Senate until the issues of tax cuts and funding of the government for the current fiscal year are resolved.  Democratic leadership decided they would push back the DREAM vote until these other issues are resolved.  Once the tax cuts and government funding are dealt with, Republicans will not be able to use them as excuses to oppose the DREAM Act.

However: Senator Reid needed “Unanimous Consent” to withdraw his cloture motion and push back the vote.  He did not get it, forcing him to offer a motion to table the cloture vote. 

Procedural trick: By tabling the cloture vote, Democrats will be able to bring the DREAM Act up again in the coming days when the other issues have been resolved.

Bottom line: Our allies in the Senate know that DREAM supporters have momentum coming out of the House victory yesterday.  They want to take the additional time, remove excuses now being made by Republicans, and cultivate more support for DREAM in the Senate.

A real vote on DREAM in the Senate will be scheduled later.  Please continue to contact your Senators and tell them to support the Dream Act.

Here again is the phone number you can call to be patched through to your Senators offices: 866-996-5161.

We will keep you posted as more information becomes available on the schedule for a Senate vote on the DREAM Act.
PFAW

Senate Majority Leader Harry Reid Files Cloture on DREAM Act

Because, thanks to the ongoing GOP obstruction in the Senate, virtually nothing can get done without a time consuming cloture vote, Senate Majority Leader Harry Reid filed cloture late yesterday on the motion to begin debate on the DREAM Act. If passed, the legislation would allow undocumented immigrants who were brought to the United States as children to gain legal status and a path to citizenship if they attend college or join the armed forces.

The Brookings Institution gives a rundown of what the legislation includes:

The Development, Relief and Education of Alien Minors (DREAM) Act would offer conditional citizenship to a specific group of young individuals. To gain conditional status under the DREAM Act one must have entered the United States before the age of 16, been in the country continuously for five years, earned a high school diploma (or GED) and not committed any crimes that would otherwise restrict someone from entering the country. During a six-year period of conditional status, this group will have been required to complete two years in uniformed service or two years enrolled at an institution of higher learning, and must pass a second criminal background check before being considered for full citizenship. It should also be noted that the DREAM Act only applies to young people currently in the country so that it will not encourage additional families to bring children to the U.S. looking for benefits.

The bill seems to have plenty of support. Orrin Hatch, Sam Brownback, Susan Collins and Olympia Snowe have all supported it in the past. But when it comes to Republican obstruction, good policy takes a backseat to good politics.

By filing the cloture petition, Reid will be able to hold the vote on cutting off debate and then proceeding to consideration of the bill on Wednesday. We’ll keep you posted as the issue moves forward.

PFAW

Putting the "Lame" in Lame Duck

Republicans continue to make the case that they are the ones who serious about fixing the economy, shrinking the deficit and putting Americans back to work. This, as they gear up for endless witch hunts that will be make the Republicans' investigations into the Clinton administration in the 1990's look like a picnic... as they move to oppose extending unemployment insurance for millions of Americans in need... as they push to add hundreds of billions of dollars to the deficit with tax cuts for the wealthiest 2% of Americans.

Zach Carter at Campaign for America’s Future put it very succinctly last week when he wrote:

Economic sabotage is the essential Republican strategy for winning the White House in 2012. They will block every effort to actually improve the economy they can, and make a big show out of criticizing any economic aid they can't block.

Incredibly, the GOP is attacking Democratic efforts on the Hill to end Don't Ask, Don't Tell, pass the DREAM Act, confirm judicial nominees and pass the DISCLOSE Act as "distractions" from addressing economic concerns, while Republicans do all they can to block real progress on getting Americans back to work.

A report released today shows, conclusively, that the military is ready for gays and lesbians to serve openly. Ending Don't Ask, Don't Tell is a matter of basic fairness, our national character and national security. The same goes for the DREAM Act, which the Pentagon has said would strengthen the military in addition to offering a much-needed path to citizenship for hardworking immigrant youth. Confirming judges is essential to the country having a working justice system. Passing DISCLOSE is a matter of making sure American voters wield the power in our democracy and not corporations that hide behind shadowy front groups to buy elections.

These things are not distractions. They are essential to making sure Americans have a country that works... one in which their rights are protected and democracy thrives. Republicans want block these measures for the same reason they want to block economic assistance for Americans in need and policies which would strengthen the economy and create jobs. They know that what's good for America is bad for them politically, and for the next two years, everything we want to do that will be good for America will have to be done over the vigorous opposition of an ultra right-wing Republican Congress.

PFAW

Empowered GOP Seeks to Sink Immigrant Rights

The Republican Party’s virulently anti-immigrant rhetoric and policies are far from mere political tactics, as GOP members of Congress usher in a radical agenda to rollback the rights of immigrants and their families. Iowa Rep. Steve King, who has appeared with violent vigilante groups and has referred to undocumented immigration as both a “slow-motion Holocaust” and a “slow-motion terrorist attack,” is set to chair the House Judiciary Committee’s subcommittee on immigration. Members of the House Republican Freshman Class, including Pennsylvania’s Tom Marino and Florida’s Allen West, frequently used immigrant-bashing in their campaigns, and Louisiana Senator David Vitter made demonizing immigrants the cornerstone of his reelection campaign.

Two new reports today demonstrate how extreme the Republican Party is moving to not only oppose immigration reform but also to undermine one of the most important protections guaranteed by the US Constitution:

GOP Rep. Steve King of Iowa, the incoming chairman of the subcommittee that oversees immigration, is expected to push a bill that would deny "birthright citizenship" to such children.

The measure, assailed by critics as unconstitutional, is an indication of how the new majority intends to flex its muscles on the volatile issue of illegal immigration.

The idea has a growing list of supporters, including Republican Reps. Tom McClintock of Elk Grove and Dan Lungren of Gold River, but it has aroused intense opposition, as well.

"I don't like it," said Chad Silva, statewide policy analyst for the Latino Coalition for a Healthy California. "It's been something that's been a part of America for a very long time. … For us, it sort of flies in the face of what America is about."

Republicans are also gearing up to defeat the DREAM Act, which would allow students and military servicemembers who came into the country illegally as children and have a clean criminal record to gain a pathway to citizenship. Even though the DREAM Act has historically garnered bipartisan support, Politico reports that Republicans on the Hill are trying to deceptively tar the bill as amnesty for criminals:

Already, GOP staffers have begun circulating to senators and conservative groups a white paper outlining what they see as the social and financial costs of passing the Development, Relief and Education for Alien Minors Act.

“In addition to immediately putting an estimated 2.1 million illegal immigrants (including certain criminal aliens) on a path to citizenship, the DREAM Act would give them access to in-state tuition rates at public universities, federal student loans and federal work-study programs,” said the research paper, being distributed by Alabama Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee.



The bill’s backers, though, say it outlines a “rigorous and lengthy process” for legalization, hardly the amnesty plan that opponents have depicted.

Eligible immigrants must have entered the U.S. before age 16, have been in the country for at least five consecutive years before the bill’s enactment and been at least under age 35 at the time of enactment; been admitted to a college or earned a high-school diploma or GED certificate; and have no serious criminal record.

A recent Rasmussen poll found that a majority of Americans believe that “children brought to the U.S. illegally should get a chance at citizenship if they complete two years of college or participate in the military,” and military leaders have called on Congress to pass the DREAM Act as a way to strengthen the country’s armed forces. A study by UCLA’s North American Integration and Development Center states that the DREAM Act both “offers a moral solution to the trap of being a young, motivated, undocumented immigrant in the U.S.” and is “an economically sensible piece of legislation that advances the interests of U.S. society as a whole.”

However, the extreme anti-immigrant sentiment that is pervasive within the GOP stands in the way of reasonable efforts at reform, and even leads to radical legislation that challenges the 14th Amendment of the US Constitution.

PFAW

Today’s GOP “More Extreme” than Bush?

Remember when GOP candidates were doing everything they could to distance themselves from President George W. Bush? Well, the GOP is still moving away from Bush…moving to his right. The Huffington Post’s Sam Stein talked with David Axelrod, President Obama’s strategist, about the upcoming elections:

"I saw that [Alaska GOP Senate candidate] Joe Miller said that he would abolish Social Security if he had the chance and he is not alone," said chief adviser David Axelrod. "This is akin to what [Nevada GOP Senate candidate] Sharron Angle has said in Nevada and also a number of these other Republicans. So, this could go one step beyond the policies of the Bush administration to something more extreme than we have seen."

And it’s not just new faces like Miller and Angle who are moving the Republican part to the right - even key players in the party’s center have moved rightward since President Obama’s inauguration (just look at Maverick McCain’s shifting stands on immigration reform, campaign finance, and religious freedom).

Axelrod is far from an impartial observer, but he makes a good point: this year’s Tea Party-fueled Republican Party is looking a lot more extreme than the right-wing administration Americans rejected two years ago.

But what happens if the political pendulum does swing and extreme-right Republican candidates are faced with acting on their promises? It’s hard to believe that abolishing Social Security, repealing Health Care Reform, and denying citizenship to thousands of children will actually be an effective strategy for governing, let along a long-term political success.
 

PFAW

The Long-Term Consequences of Hateful Politics

Suhail A. Khan, who served as a liaison to faith communities in George W. Bush’s White House, writes this week in Foreign Policy that he finds himself increasingly alone as a Muslim Republican. Many American Muslims have conservative values, Khan writes, but the GOP won’t win their support “until the party finds leadership willing to stop playing to the worst instincts of its minority of bigoted supporters”:

In recent weeks, Sarah Palin, Newt Gingrich, and other prominent Republicans have loudly voiced their opposition to the proposed Cordoba House project near ground zero in lower Manhattan, fanning the flames of a protest that has since spread into a more generalized criticism of Muslim institutions in the United States. But even before this month's controversy, the exodus of Muslim Americans from the Republican Party was nearly complete. In 2008, this country's more than 7 million Muslims voted in record numbers, and nearly 90 percent of their votes went to Obama.

It wasn't always this way. Muslim Americans are, by and large, both socially and economically conservative. Sixty-one percent of them would ban abortion except to save the life of the mother; 84 percent support school choice. Muslims overwhelmingly support traditional marriage. More than a quarter -- over twice the national average -- are self-employed small-business owners, and most support reducing taxes and the abolition of the estate tax. By all rights they should be Republicans -- and not long ago they were. American Muslims voted two to one for George H.W. Bush in 1992. While they went for Bill Clinton by the same margin in 1996, they were brought back into the Republican fold in 2000 by George W. Bush.

Kahn compares the GOP’s current alienation of Muslim Americans to the party’s history with Hispanics. George W. Bush won 44% of the Hispanic vote in 2004; in 2008, with the GOP ramping up its anti-immigrant rhetoric, only 31% of Hispanics voted for John McCain.

In the Washington Post today, former Bush speechwriter Michael Gerson writes of what are likely to be the far-reaching unintended consequences of the GOP’s embrace of the Tea Party’s more nativist and xenophobic strands:

[A] question of Tea Party candidates: Do you believe that American identity is undermined by immigration? An internal debate has broken out on this issue among Tea Party favorites. Tom Tancredo, running for Colorado governor, raises the prospect of bombing Mecca, urges the president to return to his Kenyan "homeland" and calls Miami a "Third World country" -- managing to offend people on four continents. Dick Armey of FreedomWorks appropriately criticizes Tancredo's "harsh and uncharitable and mean-spirited attitude on the immigration issue." But the extremes of the movement, during recent debates on birthright citizenship and the Manhattan mosque, seem intent on depicting Hispanics and Muslims as a fifth column.

There is no method more likely to create ethnic resentment and separatism than unfair suspicion. The nativist impulse is the enemy of assimilation. In a nation where minorities now comprise two-fifths of children under 18, Republicans should also understand that tolerating nativism would bring slow political asphyxiation.

The Tea Party is undoubtedly on a bit of a roll. Last night, Sarah Palin-endorsed Tea Party candidates won (or look likely to win) Republican primaries in Alaska, Arizona, and Florida as did John McCain, who compromised many of his famed “maverick” positions to compete with a far right-wing challenger. And extreme right-wingers Sharron Angle, Ken Buck, and Rand Paul have already grasped their party’s nominations after campaigns tinged with racially divisive rhetoric.

The Tea Party movement is not all about the politics of fear and exclusion—but to the extent that it is, it may face a limited, if dangerous, shelf life. For many on the far Right, short-term political expedience trumps doing what is right; but doing what is wrong may have long-term political consequences.

 

PFAW

The Ethical Imperative of Immigration Reform

One of the more interesting developments in the latest push for comprehensive immigration reform has been the split developing between conservative anti-immigrant groups who are committed to mass deportation at all costs and some right-wing evangelical leaders who have come out in favor of a compassionate and realistic approach to immigration reform.

In May, a coalition of conservative evangelical leaders announced their intention to gather support for “a just assimilation immigration policy.” Soon afterwards, of course, they made it clear that their definition of “just” does not include justice for LGBT couples.

On Wednesday, a number of those leaders spoke to the House Judiciary Committee on their support for ethical immigration reform—and its limits.

In the hearing on the Ethical Imperative for Reform of our Immigration System , immigration reform was discussed in the context of ethics and morals, and the committee heard testimonies from three religious leaders and one scholar about the problems and possible solutions for immigration reform in America.

Nobody at the hearing denied that the current immigration system is broken and untenable. Rev. Gerald Kicanas, Bishop of the Archdiocese of Tucson, contextualized immigration as a humanitarian issue with moral implications, underlining that our immigration system fails to protect basic human rights and dignity. He voiced his support for comprehensive immigration reform that would encompass features such as paying a fine, paying taxes, learning English, and waiting behind those who already applied legally to eventually gain citizenship, and argued that CIR would fulfill our moral obligation to protect immigrants under rule of law.

Richard Land, President of the Ethics and Religious Liberty Committee of the Southern Baptist Convention, echoed those sentiments, stating that when looking at the issue of immigration through a faith-based lens, individuals had a biblical mandate to care for others and act mercifully.

Both speakers advocated an earned path to citizenship, recognizing that deporting over 11 million immigrants was not only unfeasible, but immoral and inconsistent with the rule of law.

It’s troubling that the compassion Kicanas and Land are advocating stops at the equal treatment of gay people. Both are right that too often, pivotal issues like immigration reform become mired in politics and party-line ideology, and it’s important for leaders from different faith backgrounds to step up and have a conversation on the detrimental effects of our broken system of immigration on millions of families. But that discussion should include all families.
 

PFAW

Outdated Stereotypes and Gender-Based Discrimination in Flores-Villar v. United States

On Monday, People For the American Way Foundation signed on to an amicus brief urging the Supreme Court to reverse the Ninth Circuit’s decision to enforce a section of the Immigration and Nationality Act that imposes a greater residency requirement for unmarried citizen fathers to transfer citizenship to their children born abroad than on unmarried citizen mothers.

The statute permits unmarried citizen fathers to transmit citizenship only if they have lived in the U.S. prior to the child’s birth for ten years, five of them after the age of 14. Mothers, on the other hand, are only required to have lived in the U.S. for just one year prior to the child’s birth. The petitioner’s father was 16 when his son was born, making it impossible for him to meet the requirement of five years of residency after age 14. Mr. Flores-Villar filed suit on the grounds that the law violates the equal protection component of the Fifth Amendment’s due process clause.

PFAWF’s brief, authored by the National Womens’ Law Center, argues that such gender-based discrimination perpetuates the old stereotype that unwed fathers have less meaningful relationships with their children than do unwed mothers, and the Supreme Court has rejected the use of such stereotypes in justifying gender-based classifications. The classifications also do nothing to further the government’s stated objective of encouraging parent-child relationships, and in countries where citizenship is derived from the father, would render stateless the children of fathers who cannot meet the requirements.

If the Supreme Court were to uphold the Ninth Circuit’s decision, it would be ignoring over 30 years of Equal Protection jurisprudence to enforce a discriminatory law that perpetuates outdated stereotypes and is harmful to family relationships.

PFAW

African American History Awareness Month - A Chance to Prove

In 1926, Dr. Carter G. Woodson launched Negro History Week as an initiative to bring national attention to the contributions of Black people throughout American history. Today the celebration in the arts and science, public and private business industries, sports, domestic and foreign policy, and political, social and economic justice arenas continues throughout February and is now known as African American History Awareness Month.

Like others during these 28 days, I find myself hungry to learn of yet another person who, because of their thoughts, actions, motivation, "made a way out of no way". One Saturday evening I watched a PBS documentary titled "For Love of Liberty" and the sacrifices of African American soldiers who fought for a "cause greater than me".

Dating as far back as the Revolutionary War, it is the story of "America's Black Patriots." I watched images and heard narratives of those who faced ultimate racism and bigotry, but continued to sign up to for a chance to prove African Americans were worthy of dignity, humanity and full rights of citizenship. I also watched images of soldiers lynched in their uniforms as a message from extremist that no matter what their sacrifice, they would never be equal, honored or worthy.

This month I was afforded the opportunity to participate in a Congressional Black Caucus staff briefing on the repeal of Don't Ask, Don't Tell. In preparing for this presentation I realized here was yet another group of military personnel, soldiers waiting for a "chance to prove" they were worthy. I found what may seem like an unlikely connection with those of the past who fought for love of liberty for others with no gains or recognition of who they were with those who fight today and serve this county honorably for the same reason.

The contributions of African American's to this country are substantial, but as important they are inspiring. Pinckney Benton Stewart Pinchback was the first non-white and first person of African American descent to become governor of a U.S. state, serving as the 24th Governor of Louisiana for an entire 35 days. Anna Julia Haywood Cooper was an educator, writer, and human rights leader. Vernon Johns was an African American minister and leader who was active in the struggle for civil rights for African Americans from the 1920s and is considered the father of the American Civil Rights Movement, having laid the foundation on which Martin Luther King, Jr. and others would build.

There are no ordinary sacrifices a person can make when their motivations and actions are for a cause greater than self. Religious and racial extremists haven't deterred those who seek that chance to prove their worthiness. As an African American, I am aware of what the insults of oppression, injustice and inequality can have on the mind and spirit of a persons and a people. I also know that separate is not necessarily equal. But I also have read and witnessed that "suffering produces perseverance; perseverance, character; and character, hope."

I believe in revelation, the connection to historical moments, the legacy of persons and people in pursuit of "a chance to prove." This African American History Awareness Month I recognized the contributions of all men and women who served and are serving in our armed forces with profound appreciation for their sacrifices in pursuit of a chance to prove. In the words of what is known as the African American National Anthem by James Weldon Johnson, we must continue to celebrate, educate, and be inspired to "Lift every voice ... until victory is won."

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

DC Marriage Equality and Religious Liberty

Over the past few weeks, the DC Council has been considering a bill to allow gays and lesbians to marry in Washington, DC. In light of some misleading charges by Catholic Charities that the existing bill would impair its religious liberty – and its threat to withdraw charitable services from the homeless, the sick, and the orphaned – the Council is considering a poorly-worded amendment that would apply only to same-sex marriages, but not to any other civil marriage. The amended bill would provide that:

a religious society, or a nonprofit organization which is operated, supervised, or controlled by or in conjunction with a religious society, shall not be required to provide services, accommodations, facilities, or goods for a purpose related to the solemnization or celebration of a same-sex marriage, or the promotion of same-sex marriage through religious programs, counseling, courses, or retreats, that is in violation of the religious society's beliefs (emphasis added).

If the issue is genuinely protecting religious liberty, shouldn't it apply to all civil marriages and all religious beliefs?

If the issue is genuinely religious liberty, then shouldn't those with religious opposition to interracial marriages receive the same protection of their religious beliefs, noxious though they may be? Shouldn't those who believe God wants America to throw out all people of color be protected from having to provide services for non-whites' weddings? Or shouldn't they be allowed to force people to present proof of citizenship, if they claim their religious belief calls for America to expel undocumented aliens? If someone's religious belief is that Christians are worshipping a mortal man in violation of the Ten Commandments, why is her religious liberty less protected when she wants to deny services related to Christian weddings?

If the concern is genuinely religious liberty for all, then the bill should be written that way.

But if the only religious beliefs being "protected" are those condemning homosexuality, then that is in no way a religious liberty protection. The DC Council would be elevating one group's religious beliefs above all others, giving them special legal rights denied to others with different religious beliefs.

Any religious exception should apply to all religious beliefs and all types of civil marriages.

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

A Historical Perspective on Right Wing Paranoia

In Sunday’s Washington Post, historian and journalist Rick Perlstein offers up an insightful historical perspective on the teabaggers, birthers, and deathers who’ve been thrust to the forefront by the media, claiming to speak for all Americans in opposition to everything from health care reform to President Obama’s citizenship.

One parallel: When the 1964 Civil Rights Act was introduced, opponents said that it would “enslave” whites. Those claims don’t sound much nuttier than the allegations that a health care provision to help senior citizens who want to write a living will would actually have created “death panels.”

When John F. Kennedy entered the White House, his proposals to anchor America's nuclear defense in intercontinental ballistic missiles -- instead of long-range bombers -- and form closer ties with Eastern Bloc outliers such as Yugoslavia were taken as evidence that the young president was secretly disarming the United States. Thousands of delegates from 90 cities packed a National Indignation Convention in Dallas, a 1961 version of today's tea parties; a keynote speaker turned to the master of ceremonies after his introduction and remarked as the audience roared: "Tom Anderson here has turned moderate! All he wants to do is impeach [Supreme Court Chief Justice Earl] Warren. I'm for hanging him!"

Before the "black helicopters" of the 1990s, there were right-wingers claiming access to secret documents from the 1920s proving that the entire concept of a "civil rights movement" had been hatched in the Soviet Union; when the landmark 1964 Civil Rights Act was introduced, one frequently read in the South that it would "enslave" whites. And back before there were Bolsheviks to blame, paranoids didn't lack for subversives -- anti-Catholic conspiracy theorists even had their own powerful political party in the 1840s and '50s.

We’ve all heard the saying that history repeats itself. Perlstein’s analysis is, without a doubt, a must read.
 

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Supreme Court Says No to Obama Citizenship Challenge

The Supreme Court just rejected an appeal in a case challenging the validity of President-elect Obama's birth certificate, his citizenship and, in effect, his constitutional eligibility to assume the office of President. The fact that it took more than one split second to reject this preposterous, paranoid, conspiracy theory-based case is a little disturbing. A similar case had been thrown out this fall, but that did not stop Justice Clarence Thomas from circulating the appeal papers to his colleagues for consideration.

Read more here:

http://thecaucus.blogs.nytimes.com/2008/12/08/supreme-court-rejects-appeal-over-obamas-citizenship/?hp

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97-Year-Old Arizona Woman Disenfranchised by Voter ID Law

Shirley Preiss was born in Kentucky in 1910 — a full 10 years before American women gained the right to vote. She first voted in a presidential election in 1932, for FDR. She’s voted in every presidential election since, but that’s all about to change due to Arizona’s draconian voter ID law.

As Art Levine reported, Shirley effectively lost her right to vote when she moved to Arizona:

After living in Arizona for two years, she was eagerly looking forward to casting her ballot in the February primary for the first major woman candidate for President, Hillary Clinton. But lacking a birth certificate or even elementary school records to prove she’s a native-born American citizen, the state of Arizona’s bureaucrats determined that this former school-teacher who taught generations of Americans shouldn’t be allowed to vote.

The state’s voter ID law, passed in 2004, requires voters to show ID at the polling place and to provide proof of citizenship in order to register. But birth certificates weren’t issued in 1910 in Shirley’s birthplace of Clinton, KY, and her elementary school no longer exists.

Shirley appeared on the local news Monday night in Phoenix to tell her story:

 

 

She’s far from the only victim of this law. The Arizona Advocacy Network reports that nearly 40,000 voter registration forms have been rejected due to inadequate proof of citizenship. And it’s getting to be a national problem.

The Supreme Court gave Indiana the green light last month on its restrictive voter ID law, and other states have already or are in the process of passing similar laws. Everywhere such laws are enacted, the voting rights of thousands of Americans - especially among the poor, elderly, and minorities - are put at risk. Fortunately many other states have fended off voter ID laws, and I’m proud that People For the American Way’s Democracy Campaign played a role in many of those fights. Nothing short of a concerted effort by the progressive movement over the coming years will succeed in safeguarding the right to vote.

Cross-posted on CrooksAndLiars.com

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