Civil Rights

President Obama Calls DOMA Unconstitutional

Attorney General Eric Holder has announced that the Department of Justice will no longer defend Section 3 of the Defense of Marriage Act in court because it is unconstitutional. This is the provision prohibiting federal recognition of the marriages of gay or lesbian couples. As if that wasn't big enough news by itself, DoJ has concluded that legal classifications based on sexual orientation, like those based on race, sex, national origin, and religion, should be subject to a higher level of judicial scrutiny.

While the Department has previously defended DOMA against legal challenges involving legally married same-sex couples, recent lawsuits that challenge the constitutionality of DOMA Section 3 have caused the President and the Department to conduct a new examination of the defense of this provision. In particular, in November 2010, plaintiffs filed two new lawsuits challenging the constitutionality of Section 3 of DOMA in jurisdictions without precedent on whether sexual-orientation classifications are subject to rational basis review or whether they must satisfy some form of heightened scrutiny. Windsor v. United States, No. 1:10-cv-8435 (S.D.N.Y.); Pedersen v. OPM, No. 3:10-cv-1750 (D. Conn.). Previously, the Administration has defended Section 3 in jurisdictions where circuit courts have already held that classifications based on sexual orientation are subject to rational basis review, and it has advanced arguments to defend DOMA Section 3 under the binding standard that has applied in those cases.

These new lawsuits, by contrast, will require the Department to take an affirmative position on the level of scrutiny that should be applied to DOMA Section 3 in a circuit without binding precedent on the issue. As described more fully below, the President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law, Section 3 of DOMA is unconstitutional.

This is the first recognition by the United States government that gays and lesbians have suffered a long history of discrimination so bad that it makes suspect any laws that treat people differently based on sexual orientation.  Moreover, that discrimination continues today and limits their political influence.

[T]he adoption of laws like those at issue in Romer v. Evans [prohibiting the state from passing civil rights protections for gay people] and Lawrence [laws making their private sexual conduct a crime], the longstanding ban on gays and lesbians in the military, and the absence of federal protection for employment discrimination on the basis of sexual orientation show the group to have limited political power and "ability to attract the [favorable] attention of the lawmakers." Cleburne, 473 U.S. at 445. And while the enactment of the Matthew Shepard Act and pending repeal of Don't Ask, Don't Tell indicate that the political process is not closed entirely to gay and lesbian people, that is not the standard by which the Court has judged "political powerlessness." Indeed, when the Court ruled that gender-based classifications were subject to heightened scrutiny, women already had won major political victories such as the Nineteenth Amendment (right to vote) and protection under Title VII (employment discrimination).

The Attorney General's announcement notes that it will continue to enforce DOMA until it is repealed by Congress or struck down definitively by the courts. In addition, it will work to ensure that Congress, should it wish, has the opportunity to defend the law in court since the Administration cannot in good conscience do so. (This would presumably avoid a situation like the one in California, where the state refused to pursue an appeal of the district court ruling against Proposition 8, leaving in doubt whether anyone has standing to do so.)

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

Haley Barbour's Whitewash of History

Mississippi governor and potential presidential candidate Haley Barbour is now trying to backtrack his previous support for the racist White Citizens Councils that existed in the state when he was young.

In a recent interview with the Weekly Standard, he made his feelings quite clear:

You heard of the Citizens Councils? Up north they think it was like the KKK. Where I come from it was an organization of town leaders. In Yazoo City they passed a resolution that said anybody who started a chapter of the Klan would get their ass run out of town. If you had a job, you'd lose it. If you had a store, they'd see nobody shopped there. We didn't have a problem with the Klan in Yazoo City.

Since not everyone in America is wholly ignorant of recent history, Barbour is being forced to backpedal, according to Talking Points Memo. Among other things, he now says:

My point was my town rejected the Ku Klux Klan, but nobody should construe that to mean I think the town leadership were saints, either.

Perhaps we are meant to think that the formation of the White Citizens Councils in the 1950s represented a principled rejection of the Klan. However, neither the timing nor the motivation rings true. As People For the American Way said in a 2003 report:

[I]t is worth noting that by 1967, "even the white establishment of Mississippi had begun to decide that Klan violence was bad for business." Clarence Page, "Fight Over Judges Replays Our Bitter History," Chicago Tribune (Feb. 13, 2002) (citing William Taylor, who at the time was Staff Director for the U.S. Civil Rights Commission).

Barbour’s desperate and unconvincing backtracking should not be the end of the story, because it is simply not credible that he was unaware of what the White Citizens Councils really were ... as if their name wasn’t already a giveaway.

While Barbour today likens them to just another "organization of town leaders," the Mississippi White Citizens Councils show up in contemporaneous federal court cases as anything but a Rotary Club.

For instance, in 1964, a federal district court noted the then-recent formation of the Mississippi White Citizens Councils, including its first priority, in United States v. Mississippi:

In 1954, after the Supreme Court had declared state operation of racially segregated schools unconstitutional, white citizens councils -- not parties to this action -- were formed in Mississippi. The purpose of these organizations was the maintenance of racial segregation and white supremacy in Mississippi. The first statewide project undertaken by these organizations was the attempt to induce the white voters of Mississippi to adopt the proposed amendment to Section 244 of the Mississippi Constitution of 1890.

They succeeded, thereby introducing the literacy and civics tests that government officials subsequently used to keep African Americans disenfranchised.

Four years later, in 1968, their racist mission and funding were said to be common knowledge by the United States Court of Appeals for the Second Circuit in Adickes v. S. H. Kress & Co:

It appears to be common knowledge that, in addition to its own activities promoting segregation, the Mississippi State Sovereignty Commission, an agency created in 1956 and financed by state tax revenues, used a part of its funds to finance some of the activities of various groups, including the White Citizens Council, which promote adherence to the ancient custom of proscribing the mixing of the races in places of public assembly; and that these groups, especially the White Citizens Council, use economic and social power to pressure those who might attempt to disregard custom into adhering to custom. See, generally, J. Silver, Mississippi: The Closed Society, 8, 32, 39-40, 42, 43, 65, 79, 94, 97, 110, 133, 151, 217 (1964).

People For the American Way discussed this key funder of the White Citizens Councils in a 2002 report:

The Sovereignty Commission, a state-funded agency, was created not long after the decision in Brown v. Board of Education in order to resist desegregation, and was empowered to act as necessary to protect the "sovereignty" of the state of Mississippi from the federal government. The Commission infiltrated and spied on civil rights and labor organizations and reported on their activities. It compiled dossiers on civil rights activists and used the information to obstruct their activities. The Commission existed until 1977, when the state legislature voted to abolish it and to seal its records for 50 years.

The White Citizens Councils were a dark stain on the history of our nation. No responsible officeholder - or office seeker - can think otherwise. Had Governor Barbour stated that he did not recognize that at the time because he was a product of the environment he grew up in, it might be believable. But his defense of the White Citizens Council coupled with his unconvincing backpedaling suggests that he still doesn’t understand how repugnant the South’s Jim Crow system really was.

PFAW

White House staff: It gets better

In recent months I’ve written about various contributions to the It Gets Better Project. Dan and Terry. Ellen DeGeneres. President Obama. Secretary Clinton. Civil Rights Division at the Department of Justice. Yesterday brought a video from White House staff members.

The video’s release notes:

Inspired by President Obama’s It Gets Better video, several LGBT White House staffers decided to add their voices to the project. President Obama has more LGBT appointees than any previous administration and he is committed to making his administration reflect the diversity of our nation.

I also just came across a page that collects It Gets Better videos produced by the Obama Administration. Some I’d seen. Some I hadn’t. Check it out!

PFAW agrees that every student, LGBT or not, has the right to be educated in the same way. Click here for more information.

PFAW

House debate: Murphy, Green, and Lewis on DADT repeal

There were many strong speeches during the House debate on repealing Don’t Ask, Don’t Tell. Part 1. Part 2.

I wanted to share three highlights with you now.

Representative Patrick Murphy (D-PA8) is the lead sponsor of the Don't Ask, Don't Tell Repeal Act of 2010. He shared his personal experience: “When I deployed to Iraq as a captain with the 82nd Airborne Division, my team and I didn't care about someone else's sexual orientation. We cared whether everyone could do their job so we could all come home alive.”

Representative Al Green (D-TX9), a veteran civil rights advocate, is heading into his 4th term in Congress. He fought on a battlefield of a different sort: “Mr. Speaker, life has prepared me for this vote. When you have had to sit at the back of the bus, in the balcony of the movie and have had to stand in a line for colored only, then you are prepared for this vote.”

But there’s perhaps no more passionate a civil rights voice serving in Congress today than Representative John Lewis (D-GA5), who led marchers across the Edmund Pettus Bridge in what’s since become known as Bloody Sunday. His plea was simple: “Vote ‘yes’ because discrimination is wrong.”

Repeal is now before the Senate, where we need your help to make sure that the bill is taken up, passed, and sent to the President’s desk. Call now! (202) 224-3121

PFAW

Justice Department, Civil Rights Division: It gets better

In recent months I’ve written about various contributions to the It Gets Better Project. Dan and Terry. Ellen DeGeneres. President Obama. Secretary Clinton. Today brought a video from the Civil Rights Division at the Department of Justice.

As you can see:

The Civil Rights Division, and the entire Justice Department, is committed to ending bullying and harassment in schools, and the video highlights the Department’s authority to enforce federal laws that protect students from discrimination and harassment at school because of their race, national origin, disability, religion, and sex, including harassment based on nonconformity with gender stereotypes. The video also features Division employees who share their individual stories and personal messages that a better future awaits youth who may be experiencing bullying or harassment.

PFAW agrees that every student, LGBT or not, has the right to be educated in the same way. Click here for more information.

PFAW

Arizona, Immigration, and the Supreme Court

Stepping into the increasingly volatile and contentious debate over immigration, the Supreme Court will hear oral arguments tomorrow on how far the state of Arizona can go to prevent employers from hiring undocumented aliens. The case is Chamber of Commerce v. Whiting.

The case involves a 2007 Arizona law that punishes employers who knowingly hire undocumented aliens by suspending or revoking most of their state licenses. The Chamber of Commerce argues that the law is preempted by the federal Immigration Reform and Control Act of 1986 (IRCA).

IRCA prohibits the hiring of undocumented aliens and sets forth procedures employers must follow before hiring someone and the sanctions they will incur for violating the law. Most importantly, IRCA expressly preempts local and state laws creating sanctions (other than through licensing and similar laws).

It is the "licensing and similar laws" clause that is crucial in this case, because the draconian punishment set forth in the Arizona law is the suspension and revocation of "licenses," a term defined so broadly in the statute that it even includes a company's articles of incorporation.

The Court will also decide whether Arizona can lawfully require employers in the state to use a federally-administered electronic employment verification database called E-Verify - a database that federal law expressly makes voluntary.

Agreeing with the Chamber that the Arizona law is unconstitutional are the Obama Administration and an array of civil rights groups (such as the National Council of La Raza and the Anti-Defamation League).

When the Court issues its ruling next year, it may give clues on how it might rule on Arizona's more recent "your papers please" law, which has yet to work its way up to the Court.

PFAW

Wal-Mart Class Action at Issue

Earlier today, the Supreme Court accepted a high-profile case that will likely have a substantial impact on employees all over the country. Wal-Mart, the nation's largest employer, is being sued for unlawfully discriminating against its women employees. It is a class-action suit on behalf of the corporate giant's 1.5 million women employees. The Ninth Circuit Court of Appeals held that the case could proceed as a class action.

The Supreme Court has agreed to hear Wal-Mart's appeal. As the Washington Post reports:

[The Court] will be looking at the question of whether a single suit is proper when alleging charges of pay discrimination and lack of promotions spread across thousands of stores in every region of the country. ...

Business groups say certification of a class action puts enormous pressure on a company to settle regardless of whether the charges can be proved, because of the cost of the litigation and the potential award at stake. In the case of Wal-Mart, the nation's largest employer, the amount could be billions of dollars.

But civil rights groups say class-actions are the most effective way of making sure a business ends discriminatory practices and pays a price for its actions.

Large corporations, with resources dwarfing those available to the average individual, clearly benefit when their victims are unable to pool resources through a class action. Indeed, this is not the only case this term where the Supreme Court is being asked to dismantle this vital tool, one that has proved time and again to be the only way to hold corporate wrongdoers accountable.

We will learn this spring whether the Roberts Court will continue its trend of twisting the law in order to benefit powerful corporations over the rights of individuals.

PFAW

Bipartisan Agreement Breaks Out at Hearing on Faith Based Initiatives

At today’s hearing before the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties, there was one item on which witnesses and Members of Congress from across partisan and ideological divides agreed: the Obama administration is ducking an important and controversial decision on whether religious organizations that take federal money to provide social services can discriminate on the basis of religion when hiring people to provide those services.  The administration further dodged the issue and rankled committee members by declining an invitation to testify.

There is some progress to report: the hearing came one day after the White House issued a long-awaited Executive Order (Subcommittee Chair Jerold Nadler called the pace of reform “glacial”) on the topic of federal funding for faith-based groups.  The Executive Order implements a number of recommendations made by an advisory council the administration had created to review what was called the Office of Faith-Based Initiatives by the Bush Administration and what is now called the Office of Faith-Based and Community Partnerships. Melissa Rogers, Director of the Center for Religion and Public Affairs at Wake Forest Divinity School and a co-chair of the president’s commission, was among those who testified.
 
Among the elements of the new Executive Order and provisions to: require that beneficiaries who object to a religiously affiliated program have access to a secular alternative; clarify rules requiring that federal money not be used for religious activities like worship or proselytizing; ensure that awards are made on the basis of merit, not religious or political considerations; and require meaningful oversight of grants without excessive entanglement in religious groups’ internal affairs.  These provisions were mostly welcomed across the political spectrum (with some sniping from the Religious Right), though there was disagreement in the advisory council over the issue of social services being provided in rooms where religious art or symbols are displayed (the administration OK’d religious symbols in rooms where secular programs are carried out) and over the question of requiring churches to set up separate nonprofit organizations to receive federal money (the administration decided not to require that step).
 
But the big unresolved issue is one that the Obama White House prevented its own advisory commission from addressing – whether groups can decide to hire only people of a certain faith for social service jobs that are being funded by American taxpayers.
 
People For the American Way, like all the Democrats present at the hearing, believes the Obama administration should overturn the poorly reasoned Bush-era Justice Department memo that misinterpreted the law to allow federally funded discrimination.  During his 2008 campaign, Obama explicitly pledged to do so. But since then the administration has declared that the Justice Department would consider the issue on a case-by-case basis. 
 
Religious Right groups and their political allies want the administration to explicitly embrace the status quo set up during the Bush administration, which allows hiring discrimination.  Progressive groups want the administration to revoke the controversial Bush-era legal memo and return to a bright line standard against taxpayer-funded discrimination.  Pretty much everyone agrees that churches and religious groups can and should be able to make religiously-grounded hiring decisions for jobs that are paid for with privately raised funds.  And everyone agrees that administration’s “case by case” approach makes no sense.
 
Come to think of it, there was one other topic of agreement: Rep. Trent Franks doesn’t know what he’s talking about.  Franks, who gained a measure of infamy last year when he denounced President Obama as an “enemy of humanity,” popped into the hearing to assert that the administration’s lack of clarity on the hiring issue was stirring controversy over a principle that the federal courts had settled for 50 years, the right of religious groups to hire based on religion.  After Franks left, there was general consensus in the room that, to be charitable, Franks was confusing the basic issue: the difference between private and taxpayer funds.  Franks wrapped his embarrassing confusion in Religious Right rhetoric about groups that supposedly want to erase religion from public life, or in his memorable words, ensure that “anything in the shadow of the American flag cannot be religious.”
PFAW

People For and Progressive Groups Urge Senate to Break Confirmation Gridlock

This week, People For and 46 other progressive groups sent a letter to the leaders of the U.S. Senate urging them to end the backlog of judicial nominees before the end of this session of Congress. Republican obstruction has prevented dozens of nominees from even receiving a vote on the Senate floor, leaving the federal court system with over 100 vacancies and the slowing down the process of bringing more diversity to the federal bench. Read the full letter:

Dear Majority Leader Reid and Minority Leader McConnell:

The undersigned organizations strongly urge you to end the troubling backlog of judicial nominees that exists to date in the 111th Congress. The obstruction of many of President Obama’s nominees through filibuster threats and anonymous “holds” is hindering the important work of our judicial branch, particularly in the many areas of our nation that now face judicial emergencies due to unfilled vacancies on the bench.

Throughout the 111th Congress, President Obama has worked with the Senate on a bipartisan basis to select extraordinarily well-qualified judicial nominees who could easily be confirmed by wide margins and begin serving the public, if brought to a vote before the full Senate. Yet a troubling number of these nominees, many of whom have been cleared by the Committee on the Judiciary with little or no opposition, have been blocked from up-or-down confirmation votes for reasons that defy explanation. Indeed, many of President Obama’s judicial nominees who have been confirmed, to date, have been confirmed by unanimous votes – but only after languishing for many months on the Senate floor, raising significant doubts about the legitimacy of the ongoing delays in confirmation proceedings.

Due to arcane floor procedures that allow a single member to impede the important business of the Senate, our judicial branch has reached a state of crisis. Out of 872 federal judgeships, 106 are currently vacant, with 50 of those vacancies now characterized as “judicial emergencies” in which courts are being overwhelmed by filings that cannot be considered. As a result, a growing number of Americans, from all walks of life and across all economic strata, are finding it increasingly more difficult to assert their legal rights and to have their fair day in court.

In the meantime, the Senate is badly failing in its constitutionally-mandated role of considering the nominees that President Obama has selected. Prior to entering its pro forma session, the Senate failed to confirm any of the 23 nominees who are currently pending on the Senate floor, 17 of whom advanced through the committee process with no opposition whatsoever. Moreover, 11 of the pending nominees would fill seats designated as judicial emergencies – and more than half of the pending nominees are people of color, while 10 of them are women, who would bring badly-needed and long-overdue diversity to our judicial branch.

We write to you at a time when our nation faces numerous challenges that cry out for bipartisan cooperation, including major economic challenges and continued international threats. We strongly believe that the continued obstruction of nominations will poison the political atmosphere, needlessly heighten partisan tensions, and make it far more difficult for the federal government to serve the public interest in any respect. These consequences are all but certain to continue into the 112th Congress and beyond.

For these reasons, in the remaining weeks of the 111th Congress, we strongly urge you to work together in a bipartisan fashion to proceed with confirmation votes on the two dozen judicial nominees who remain pending on the Senate floor. Thank you for your consideration.

Sincerely,

AFL-CIO

Alliance for Justice

American-Arab Anti-Discrimination Committee

American Association for Affirmative Action

American Association of People with Disabilities

American Association of University Women

American Federation of Government Employees

American Federation of Teachers

Americans for Democratic Action

Asian & Pacific Islander American Health Forum

Asian American Justice Center

Common Cause

Constitutional Accountability Center

Equal Justice Society

Families USA Foundation

Feminist Majority

Hispanic National Bar Association

Hispanics for a Fair Judiciary

Human Rights Campaign

Japanese American Citizens League

Judge David L. Bazelon Center for Mental Health Law

Lambda Legal

Lawyers’ Committee for Civil Rights Under Law

The Leadership Conference on Civil and Human Rights

League of United Latin American Citizens

Legal Momentum

Mexican American Legal Defense and Educational Fund

NAACP

NAACP Legal Defense & Educational Fund, Inc.

National Asian Pacific American Bar Association

National Asian Pacific American Families Against Substance Abuse

National Asian Pacific American Women's Forum

National Association of Consumer Advocates

National Association of Human Rights Workers

National Association of Social Workers

National Black Justice Coalition

National Congress of Black Women, Inc.

National Council of Jewish Women

National Disability Rights Network

National Employment Lawyers Association

National Fair Housing Alliance

National Partnership for Women & Families

National Urban League

National Women’s Law Center

OCA

People For the American Way

Secular Coalition for America

SEIU

Sikh American Legal Defense and Education Fund

Sikh Coalition

 

PFAW

Paycheck Fairness Act alert – call the Senate today

The Senate is scheduled to take its first votes of the lame duck session soon. Number 2 on the list tomorrow – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

In addition to sharing with you our letter and fact sheet, PFAW is asking you to call the Senate in support of the bill. Here’s today action alert from the American Association of University Women.

Today's the Day: Call for Fair Pay!

We expect the Senate will vote upon the Paycheck Fairness Act as early as tomorrow, Wednesday, Nov. 17th. We may be on the cusp of an historic victory for fair pay, but to achieve it, we need your help.

Today, American Association of University Women members and supporters across the country will join thousands of other pay equity advocates in a nationwide call-in day to support the Paycheck Fairness Act. We have enough votes to pass the bill, which would deter wage discrimination by closing loopholes in the Equal Pay Act and barring retaliation against workers who disclose their wages to coworkers – but we need to win a procedural vote – which has a 60 vote hurdle – so that the bill is considered for passage.

Whether you’ve written, emailed, and called your senators once, twice, or fifty times, today is the day to call again. We want to keep senators’ phones ringing off the hook, and we can do it if you call at least once today and tell your senators that the time has come to pass the Paycheck Fairness Act and make real progress on equal pay for equal work. 

Take Action!

Call your senators (toll-free at 877/667-6650 or by entering your zip code above) and urge them to vote for and support the Paycheck Fairness Act without amendments. With a vote as early as tomorrow, your senators need to hear from you TODAY! Once you’ve taken action, forward this alert to your friends and family and encourage them to take action too!

AAUW has been leading the coalition to pass the Paycheck Fairness Act, which would close loopholes, strengthen incentives to prevent pay discrimination, and bring the Equal Pay Act in line with other civil rights laws. It would also prohibit retaliation against workers who inquire about employers' wage practices or disclose their own wages. Call your Senators today!

NOTE: If you’re unable to call today, call tomorrow and every day until the bill passes!

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Save a few minutes on the national call-in day to dial 877-667-6650. That’s today – the day before the vote.

It was way back in January 2009 that the House passed the Paycheck Fairness Act. Please join American Association of University Women, American Civil Liberties Union, the National Committee on Pay Equity, National Women’s Law Center, and hundreds of other organizations nationwide in calling on the Senate to do the same and send this important legislation to the President’s desk.

PFAW

Paycheck Fairness Act alert – two days left

The Senate is scheduled to take its first votes of the lame duck session this Wednesday. Number 2 on the list – the Paycheck Fairness Act! They’ll consider what’s called a “motion to proceed.” Overcoming this procedural hurdle would allow the bill itself to come to the floor.

In addition to our recent fact sheet, PFAW has just sent its letter to the Senate urging the bill’s passage.

November 15, 2010

United States Senate
Washington, DC 20510

Dear Senator:

President Obama’s signing of the Lilly Ledbetter Fair Pay Act formed a strong foundation for pay equity in this country. Now that fair access to the courts has been restored, it is time to build on that foundation. On behalf of the hundreds of thousands of members of People For the American Way, we urge you to support the Paycheck Fairness Act (S. 3772) as a clean bill with no amendments.

The Ledbetter v. Goodyear decision was a clear step backward for ending employment discrimination in the workplace, when the Supreme Court held that employees could not challenge ongoing compensation discrimination if the employer’s original discriminatory decision occurred more than 180 days before filing of the claim. The Lilly Ledbetter Fair Pay Act was meant to correct this misinterpretation of the nation’s civil rights laws. It reiterates Congress’ intent to hold employers accountable for discrimination and allows employees a fair chance to fight back.

But they still need the tools to do so. S. 3772 strengthens the remedy, enforcement, and exception provisions of the existing Equal Pay Act. It engages the Equal Employment Opportunity Commission (EEOC) and the Department of Labor in a number areas including technical assistance, data collection and review of existing data, and the provision of wage discrimination training to government employees and individuals seeking their assistance. It supports negotiation skills training for women and girls and general public awareness regarding the means available to eliminate pay discrimination.

S. 3772 sends a clear message: The wage gap is real. No employer should benefit from discriminating against employees like Lilly Ledbetter. Retaliating against employees who fight for equal pay is unacceptable. Pay equity should be the rule, not the exception. What S. 3772 does not do is also clear: It does not eviscerate employers’ legal rights. It does not take away their right to set their own business practices or constrain them in terms of job applicants. It does not create unfair comparisons between jobs performed or where they’re performed. It does not hurt small businesses, and it certainly does not negatively impact women.

In fact, S. 3772 is good for families who are facing daily struggles in this unsteady economy. The last thing they should be worrying about is whether the women who work so hard to support them are being treated fairly in the workplace. Americans know this to be true. According to a June 2010 National Partnership for Women and Families/Lake Research Partners poll(1) regarding the Paycheck Fairness Act, 84% said they supported “a new law that would provide women more tools to get fair pay in the workplace.” 72% expressed strong support. This message resonated with men (81% support/69% strong) and women (87% support/74% strong) and among Democrats (91% support/83% strong), Republicans (77% support/61% strong), and Independents (87% support/70% strong). It also holds up among racial and ethnic groups and across geographic regions.

For these reasons and more, we strongly urge you to support the Paycheck Fairness Act (S. 3772) as a clean bill with no amendments.

Sincerely,

Michael B. Keegan
President

Marge Baker
Executive Vice President for Policy and Program

(1) A press release announcing the poll results is available at http://www.nationalpartnership.org/site/News2?page=NewsArticle&id=24776&security=2141&news_iv_ctrl=1741. Visit http://www.nationalpartnership.org/site/DocServer/5-2010_Poll_Data_One_Pager.pdf?docID=6681 for additional information.

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Save a few minutes on the national call-in day to dial 877-667-6650. That’s tomorrow – the day before the vote.

It was way back in January 2009 that the House passed the Paycheck Fairness Act. Please join American Association of University Women, American Civil Liberties Union, the National Committee on Pay Equity, National Women’s Law Center, and hundreds of other organizations nationwide in calling on the Senate to do the same and send this important legislation to the President’s desk.

PFAW

PFAW Joins Drop Fox Campaign, Makes it onto Glenn Beck’s Blackboard

You can imagine our delight here at People For when we finally made it on to Glenn Beck’s infamous conspiracy theory-promoting blackboard last night. You can watch the clip here:

Note that, contrary to Beck’s assertions, People For the American Way is not a 501c(3) group…and, moreover, 501(c)3 groups like People For the American Way Foundation are not allowed to participate in partisan political activity at all.

Beck is gradually expanding the reach of his broad conspiracy involving progressive groups to include as many as possible, it seems. But we’d like to think that our inclusion has something to do with the petition campaign People For and Media Matters have launched urging Fox News advertisers to drop their support of the network—because they are indirectly subsidizing Beck.

Beck, of course, has every right to criticize progressive groups on the air. But his rhetoric frequently verges on violent, and has led, on more than one occasion, to actual or attempted violence against those involved in the progressive movement.

Sign People For and Media Matters' Drop Fox petition here.

And read the full letter Tides Foundation CEO Drummond Pike sent to Fox advertisers last month after he was the victim of a Beck-inspired assassination attempt:

Dear Fox Advertiser,

I am writing to ask your company to take a simple step that may well save lives in the future. And it is not unimportant that taking this action will remove your company and its products from any connection to what could very likely be an unpleasant tragedy, should things remain as they are today. On behalf of my organization, and many others like it, I ask that you cease advertising on the Fox News Channel.

This is neither a hollow request, nor one rhetorically made. There is an urgency to it born of our own direct experience as the target of a would-be assassin inspired by Fox's Glenn Beck Show.

On July 19th of this year, I arrived at our San Francisco office to learn that a misguided person carrying numerous guns and body armor had been on his way to start a "revolution" by murdering my colleagues and me. The Oakland Police Department called to tell us that, following a 12 minute shootout with the California Highway Patrol, law enforcement officials arrested an assailant who had targeted the Tides Foundation, an organization which I founded and currently serve as CEO, and the ACLU for violence. To say we were "shocked" does not adequately describe our reaction. Imagine, for a moment, that you were us and, had it not been for a sharp eyed highway patrolman, a heavily armed man in full body armor would have made it to your office with the intent to kill you and your colleagues. His motive? Apparently, it was because the charitable, nonpartisan programs we run are deemed part of a conspiracy to undermine America and the capitalist system, which is hogwash.

Although not a political organization, the Tides Foundation has been a frequent target of misinformation, propaganda, and outright lies by Fox News' Glenn Beck. Since his arrival at Fox in early 2009, Beck has repeatedly vilified Tides, suggesting we are intent on "creat[ing] a mass organization to seize power." He accuses the foundation of indoctrination and says we are "involved in some of the nastiest of the nasty." Beck tells viewers that Tides has "funneled" money to "some of the most extreme groups on the left" and that our mission is to "warp your children's brains and make sure they know how evil capitalism is." In total, prior to the attempted rampage, Beck had attacked the Tides Foundation 29 times. On September 28th, more than a month after the shooting, Beck reiterated his focus on the Tides Foundation, warning, "I'm coming for you." In jailhouse interviews, the gunman confessed he views Beck as a "schoolteacher" who "blew my mind." My would-be killer admitted that Beck "give[s] you every ounce of evidence you could possibly need" to commit violence.

Beck is a self-described "Progressive Hunter" who relies on violent rhetoric. Do you really think that the millions of Americans who describe themselves as "progressive" need to be "hunted down"? If so, to what end?

For hours every day on radio and television, Beck pits American against American, telling his audience that our country is under attack by a demonic Nazi-like regime seeking to destroy all that is great about America while insisting it's up to his viewers to resist and revolt. He warned his audience that "these are the most dangerous two years of our republic. Because in the end, in revolutions, the real dangerous killers show up." Beck even compared our government to vampires while instructing his viewers to "drive a stake through the heart of the bloodsuckers" and pretended to poison Speaker Pelosi on television. A few months later, Gregory Giusti was arrested for repeatedly threatening House Speaker Nancy Pelosi -- including threatening to destroy her home -- because he was upset over health care reform. The man's mother told a local news station he listens to those with "really radical ideas," adding, "I'd say Fox News or all of those that are really radical."

When I started the Tides organizations 35 years ago, I did so in the very American belief that ordinary citizens had a role to play in our democratic process. It was, I thought, the responsibility of everyone to become engaged in our civic life, and for years we've worked with thousands of Americans to do just that. And, while we support progressive values and goals, we respect the rights and voices of those with whom we disagree on issues. Never in our history have we tolerated employees or grantees that support those who would do harm to others. By supporting Fox News Channel, you and your company are risking your reputation and good standing because they are doing just this.

As you may know, a coordinated advertiser boycott by Media Matters and Color of Change, an online civil rights group, has caused Glenn Beck's Fox News show to lose over 100 sponsors. Despite the campaign's success, Fox insists it has had no impact on the channel's profitability because the overall demand for advertisements on Fox has remained stable. Companies are still paying to advertise on Fox News, but their ads are simply moved to a different time of day. Thus, businesses that pay to broadcast commercials on Fox News are subsidizing Glenn Beck's television show by continuing to pump money into the network. It has become clear that the only way to stop supporting Beck is to stop supporting Fox News.

I respectfully request that you bring this matter of your company's sponsorship of hate speech leading to violence to the attention of your fellow directors as soon as possible. I believe no responsible company should advertise on Fox News due to its recent and on-going deplorable conduct.

While we may agree to disagree about the role our citizens and our government should play in promoting social justice and the common good, there should be no disagreement about what constitutes integrity and professionalism and responsibility in discourse – even when allowing for and encouraging contending diverse opinions intelligently argued. This is not a partisan issue. It's an American issue. No one, left, right or center, wants to see another Oklahoma City.

The next "assassin" may succeed, and if so, there will be blood on many hands. The choice is yours. Please join my call to do the right thing in this regard and put Fox News at arm's length from your company by halting your advertising with them.

Sincerely,

Drummond Pike
CEO and Founder, Tides


 

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Department of Education takes a stand for LGBT youth

October 28 marked the one-year anniversary of President Obama’s signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. I recently wrote about how honoring Matthew is part of Making It Better. Not only must we make sure that the law bearing his name is effectively implemented, but we must also ensure school safety for LGBT youth – a fact not lost on the Department of Education.

The Department’s Office for Civil Rights has issued guidance to address bullying in schools, especially as it relates to federal education anti-discrimination laws. One of those laws, Title IX of the Education Amendments of 1972 (Title IX), prohibits discrimination on the basis of sex. While the language does not specify sexual orientation and gender identity, the Department has made clear that harassment on these grounds, under certain circumstances, violates Title IX.

Although Title IX does not prohibit discrimination based solely on sexual orientation, Title IX does protect all students, including lesbian, gay, bisexual, and transgender (LGBT) students, from sex discrimination. When students are subjected to harassment on the basis of their LGBT status, they may also [. . .] be subjected to forms of sex discrimination prohibited under Title IX. The fact that the harassment includes anti-LGBT comments or is partly based on the target’s actual or perceived sexual orientation does not relieve a school of its obligation under Title IX to investigate and remedy overlapping sexual harassment or gender-based harassment. [. . .] Had the school recognized the conduct as a form of sex discrimination, it could have employed the full range of sanctions (including progressive discipline) and remedies designed to eliminate the hostile environment.

Eliza Byard, Executive Director of the Gay, Lesbian and Straight Education Network, applauded the guidance.

The Departments of Education and Justice are rightly focused on the plight of certain religious students and lesbian, gay, bisexual and transgender students who may not be receiving the full protections from bullying and harassment that are their right. While additional, specific protections are still needed, I commend this Administration for doing all in its power to protect vulnerable students.

David Warren, Director of Education at the Anti-Defamation League, further noted the importance of the guidance.

Federal leadership on this important issue is critical to ensure that schools are safe places for all students, and that they help foster a culture in which bias and bullying are not tolerated. The guidelines will help community members work together to promote a civil and respectful environment for children, online as well as offline.

As did the Human Rights Campaign, who went on to describe next steps.

In order to fully protect LGBT young people, HRC continues to call on the administration to go beyond today’s interpretation of existing law and come out in support of two important pieces of legislation: the Student Non-Discrimination Act and the Safe Schools Improvement Act. The Student Non-Discrimination Act would explicitly prohibit discrimination by schools against public school students on the basis of sexual orientation and gender identity.  The Safe Schools Improvement Act would require schools and districts receiving federal funds to adopt codes of conduct specifically prohibiting bullying and harassment, including on the basis of sexual orientation and gender identity.
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Web Videos Show GOP Extremists In Their Own Words

People For the American Way has produced four new videos showing the extreme far-right views of four Republican candidates for US Senate: Ken Buck of Colorado; Rand Ron Johnson of Wisconsin; Paul of Kentucky, and Pat Toomey of Pennsylvania. These candidates promise to bring their dangerous agenda into the US Senate, and our videos show the candidates in their own words revealing their radical views on topics such as civil rights, LGBT and gender equality, climate change, the economy, and Social Security. You can find more information about all of the GOP’s extreme candidates for US Senate in People For the American Way’s The Rogues’ Gallery.

Ken Buck

Ron Johnson

Rand Paul

Pat Toomey

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LGBT Community Speaks Out Against Gold’s Gym

Karl Rove’s Super PAC American Crossroads has received millions of dollars in funding from TRT Holdings and its owner, Robert Rowling. TRT Holdings under Rowling’s leadership owns the companies Omni Hotels and Gold’s Gym. TRT Holdings donated $2,341,000 to American Crossroads, and Rowling himself gave the pro-GOP group $2.5 million. As reported in After Citizens United: A Look into the Pro-Corporate Players in American Politics, American Crossroads and its sister group Crossroads GPS plan to spend well-over $50 million to elect Republican majorities in the House and Senate. Now, activist Michael Jones, through the online community Change.org, is calling on consumers to hold Gold’s Gym accountable for the company’s substantial donations to the pro-corporate, right-wing political organization.

After criticizing Target and Best Buy for contributing hundreds of thousands of dollars to a Minnesota political organization that supports a staunchly anti-gay candidate for Governor, supporters of LGBT equality are now attacking Gold’s Gym and its parent company, TRT Holdings. Most of the candidates American Crossroads supports also have astoundingly anti-gay and anti-equality opinions and records.

Jones has launched a petition that calls out Gold’s Gym, which “markets and caters to LGBT customers,” for using money from their corporate accounts to effectively support candidates “who want to take away civil rights for LGBT Americans.” Jones writes:

Who would have thought that giving money to Gold's Gym could have such ugly consequences for the LGBT community?

Among the candidates that the owner of Gold's Gym is working to elect include Nevada GOP senate candidate Sharron Angle, who is challenging Sen. Harry Reid. Angle, you might recall, has previously said that women who are raped should turn their lemons into lemonade, and that LGBT people should be barred from adopting children. And that's only the tip of iceberg. In years past, Sharron Angle put her blessing behind an insert that went out to voters that said homosexuality would lead to the destruction of the United States, and called gay people "sodomites" and "perverts." She even endorsed a statement that said there was no evidence to suggest homosexuality was biological, and that scientists who argue otherwise are flawed.

Thanks, Gold's Gym!

But Sharron Angle isn't the only candidate that American Crossroads is supporting. There's also Rep. Roy Blunt in Missouri, who is currently running for an open U.S. Senate seat in the state. Blunt has a whopping 0% rating from the Human Rights Campaign when it comes to legislation focused on the LGBT community, and has voted against the Employment Nondiscrimination Act (ENDA), in favor of a constitutional amendment banning same-sex marriage, and in favor of banning gay adoptions in Washington, D.C. And in his current campaign for U.S. Senate, he's made the preservation of the Defense of Marriage Act (DOMA) a hot issue, suggesting that if he loses his race, DOMA will die and gay people will be allowed to get married all over the country. Ah, the horror!

Once again, thank you, Gold's Gym.

American Crossroads also supports Colorado’s Ken Buck, who said that homosexuality was a “choice…like alcoholism,” and New Hampshire’s Kelly Ayotte, who believes that gay and lesbian couples should not have the right to adopt children, among other anti-equality Republicans.

Now, four Gold’s Gyms in the San Francisco Bay Area just released a statement saying that they will leave the Gold’s Gym brand as a response to TRT Holding’s political donations.

In the end, corporations should not just face petitions from consumers to stop financing political groups, but should be restricted from spending money in elections in general. Nine in ten Americans want “clear limits on how much money corporations can spend to influence the outcome of an election,” and Gold’s Gym and other companies should know that the public does not want them using their money from their general treasuries to influence elections.

 

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Justice Department Files a Brief Confirming that Islam is a Religion

To the litany of public safety threats resulting from anti-Muslim fear-mongering, add the fact that Justice Department officials have had to spend time writing a brief explaining that Islam is, in fact, a religion. TPM reports on the DOJ’s amicus brief supporting the expansion efforts of the Islamic Center of Mufreesboro, TN. Opponents have claimed that the Islamic Center can’t get a religious permit to build a new mosque because, they say, Islam isn’t really a religion. The Justice Department did a little research:

"To suggest that Islam is not a religion is quite simply ridiculous. Each branch of the federal government has independently recognized Islam as one of the major religions of the world," Martin said in the press release.

The brief painstakingly cites proof, from the Oxford English Dictionary, Supreme Court rulings, presidential proclamations by Clinton and George W. Bush and the writings of Thomas Jefferson, that Islam has long been recognized as a major world religion.

It also notes the definition of religion set forth by other federal courts, including that a belief system must address "fundamental and ultimate questions having to do with deep and imponderable matters" in order to be considered a religion.

In the brief, the DOJ argues that the lawsuit implicates two federal civil rights statutes, the Religious Land Use Act and the Church Arson Prevention Act, which fall under the DOJ's purview. The county, the brief argues, would be in danger of violating the land use act were it to deny building permits for the mosque.

A concerted right-wing misinformation campaign has succeeded in making denial of the scientific consensus about climate change a politically acceptable position. Will denying the existence of one of the world’s largest and diverse religions be next?
 

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Extremely Extreme Extremism Update

With Election Day fast approaching, tens of millions of dollars from corporations flooding the airwaves each week and seemingly endless news stories about apathy in the Democratic base, right-wing candidates are getting more brazen -- advancing ever more extreme positions and spreading outright lies.

Sharron Angle, the Republican running to unseat Harry Reid in Nevada, told a crowd that Dearborn, Michigan and a town named Frankford, Texas are under Islamic Sharia Law. Utter nonsense. The statement earned her a strong rebuke from the Mayor of Dearborn and it turns out that Frankford, TX doesn't even exist!

Rand Paul, running for Senate in Kentucky, now supports ending the income tax in favor of a more regressive national sales tax that would hit the poor and middle class far more harshly than the income tax. After saying a few months back that he would have opposed the Civil Rights Act of 1964, and making controversial statements about mining and the BP oil spill, Paul's handlers have tried hard to keep his extremism under wraps. But for someone as "out there" as Rand Paul, that's hard to do for very long.

In a debate on Wednesday night, Tea Party favorite and Republican Senate candidate in Delaware, Christine O'Donnell, perpetuating an attack that has been thoroughly discredited, accused her Democratic opponent Chris Coons of being a Marxist, based on Coons' tongue-in-cheek comment in an article he wrote as a student. On a roll, O'Donnell launched into a rant that included attacks on Coons for things he never said and completely fabricated declarations about the "tenets" of Marxism.

These are just some of this week's salvos from the right-wing Rogue's Gallery of Senate candidates -- let's not forget some of the past gems from Tea Party candidates. Sen. Russ Feingold's opponent in Wisconsin, Ron Johnson, is such an extreme pro-corporate ideologue that he tries to push the notion that global warming is caused by sunspots in order to cover for corporate polluters... he also wants to drill for oil in the Great Lakes and even fought against protections for victims of child abuse on the grounds that it would be bad for business.

But the worst of the bunch has to be Colorado's GOP Senate candidate Ken Buck. When he was a county D.A., he refused to prosecute a rape that the accused essentially admitted he had committed. Instead, Buck chose to blame the victim, calling her charges a case of "buyer's remorse." Perhaps most disturbingly, it appears his statement and inaction might have been retribution for what some claimed was an abortion the victim had a year before (despite the victim's claim that she had a miscarriage). Keep in mind this is a man who is against legal abortion even in the cases of rape and incest, and apparently agrees with Sharron Angle that rape victims who become pregnant as a result of their assault should make "lemonade" out of "what was really a lemon situation."

If this weren't enough, this week an interview from March reemerged in which the "get rid of government no matter what the cost" Buck actually came out in favor of privatizing the Centers for Disease Control and Prevention! Imagine the CDC privatized -- the profit motive being the sole determination for whether the Center might act to save millions of lives... or let millions suffer or even die.

This is what extremism looks like. These could be the new people making our laws.

But it's not too late. We can Stamp Out Extremism. Please, this election, dig deep, speak out and get involved.

The latest poll numbers have progressive Democrat Joe Sestak ahead of pro-corporate extremist Pat Toomey in the Pennsylvania Senate race for the first time... Colorado is a very tight race and our endorsed candidate Michael Bennet is in position to defeat Buck with enough of our help... the progressive Senate candidate in Kentucky, Jack Conway, is running very close and could actually beat Republican Rand Paul because of his extremism... and we are fighting tooth-and-nail to keep Russ Feingold in the Senate and stop the radically right-wing Ron Johnson. We are in the process right now of producing ads for all of these states and more, and finalizing our field plan to get out the vote.

Please stay tuned for more on those products and activities, and, in the meantime, help spread around our resources, like our "Rogues Gallery" report, which calls out the GOP's extremist Senate candidates, and our "After Citizens United" report, which exposes the corporate front groups that are trying to buy this election for the Republicans.

UPDATE: Jed Lewison at Kos highlights right-wing candidates attacks on the miminum wage:

As Joan McCarter (here, here, and here) and DemFromCT (here) have documented, in the past few weeks leading Republican candidates have come out against the minimum wage, either calling for it to be lowered or for eliminating it altogether because they think it's unconstitutional. And now West Virginia GOP Senate nominee Joe Raese is once again vowing to repeal the Fair Labor Standards Act which established the minimum wage.

The key thing about the GOP position is that it's not just the minimum wage that they want to get rid of. They want to nuke virtually every law and regulation that protects workers. And that includes another provision of the Fair Labor Standards Act: overtime pay.

UPDATE 2: Tea Party House candidate in California's 11th Congressional District, David Harmer, wants to abolish public schools. Sharron Angle and others want to do away with the Department of Education, but Harmer's position could be an even more extreme attack on public education. Harmer is leading progressive incumbent Rep. Jerry McNerney in the polls...

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Santorum Slamming JFK, Secularism

Fifty years ago, the man who would become America’s first Catholic president delivered a historic speech that helped reduce anti-Catholic prejudice in our public life. Five decades later, a man who would like to be the nation’s second Catholic president celebrated the occasion by slamming Kennedy. It’s a remarkable reversal. 

Former Senator Rick Santorum has been using the anniversary of then-presidential candidate John F. Kennedy’s famous address on church-state separation to decry the destructive forces of secularism that he says Kennedy unleashed. (People For the American Way is among Santorum’s targets.)
 
Santorum’s attack deserves attention, especially at a time when religious and political leaders, Santorum among them, are eagerly fanning the flames of religious intolerance. Much of Santorum’s recent speech – delivered in Houston on September 9 and reprised since then at events like Ralph Reed’s Faith and Freedom conference – is given over to repeated claims that Kennedy emboldened secularists who want a public square “cleansed of all religious wisdom and the voice of religious people of all faiths.” He says Kennedy’s speech launched a movement that is “repressing or banishing people of faith from having a say in government.”
 
These inflammatory claims are regularly advanced by Religious Right leaders who portray supporters of church-state separation as hostile to faith and religious liberty. But how can they be taken seriously?
 
Choose any topic that is being debated in the public square, and you’ll find people of faith advancing their values, probably on both sides of the issue – and not just on abortion and gay rights.  Religious Right activists spouted Tea Party arguments about the evils of government while progressive religious leaders worked hard to promote health care reform. The Catholic hierarchy is among the religious organizations working to deny gay couples legal recognition while other religious groups like the Religious Action Center of Reform Judaism are working for full marriage equality.  At the same time, the two groups are both lobbying for humane immigration reform.
 
It’s a complicated scene, and it’s a noisy one. Who has been silenced? Not Ralph Reed, who is bragging that he’s planning to mobilize conservative evangelical voters to turn Election Day into a historic rout for Democrats.  And certainly not conservative Catholics like Santorum.  At Reed’s Faith and Freedom conference, a panel included leaders of two groups organized to promote conservative Catholic values in the public arena – Catholic Advocate and Faithful Catholic Citizens.
 
There are situations that bring constitutional values into tension. America, via the Supreme Court and civil rights legislation, has decided (Rand Paul notwithstanding) that a business owner’s desire to discriminate against racial minorities does not trump other individuals’ right to equal access to public accommodations, even if the desire to discriminate was based on sincerely held religious beliefs.  Courts and legislatures are wrangling with similar situations that consider religious beliefs about homosexuality, abortion, and contraception alongside LGBT Americans’ right to legal equality, and all Americans’ access to medical care.
 
But the fact that some court cases have gone against those seeking a religious exemption to a generally applied law is no grounds for claiming that religious people have been silenced, or no longer have the right to make their case in the public square. What Santorum seems to want is a kind of double standard: religious conservatives can take part in public debate but should be shielded from criticism. They can engage in legal and political advocacy, but if they lose they can claim the process has been stacked against them by sinister anti-religious forces.
 
Santorum argues that the secularist forces unleashed by Kennedy threaten peaceful coexistence and even put American civilization at risk. He says the founders believed that “if they fostered religion and the Judeo-Christian moral code we would achieve something that was never before seen in a country with so many competing faiths - a truly tolerant, democratic and harmonious public square.”
 
But Santorum himself is actively undermining the possibility for a “tolerant, democratic and harmonious” public square. He seeks political gain by branding his opponents as enemies of religious liberty. And he has played a significant role in inflaming an ugly anti-Islamic wave of public opinion that has resulted in fatal violence and could leave communities damaged and divided for years.
 
Santorum portrays himself as heroic, telling audiences, “I have been criticized in the media for daring to speak out on these sensitive moral issues.”  That’s not true.  Santorum is criticized not for “daring to speak out” but for saying things many people disagree with. Santorum has every right to denigrate the loving relationships of same-sex couples by comparing them to man-on-dog sex. But just as surely others have the right to criticize and even ridicule him for those statements.  
 
The First Amendment is a two-way street. But that seems to be one truth that Santorum and his allies refuse to acknowledge.
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It gets better

It’s not often that a web site like Gawker makes me stop and think, but staff writer Brian Moylan did just that in a moving post about anti-gay bullying.

If we can't save these kids' lives, then all of our struggles for civil rights and marriage equality aren't worth anything.

Brian’s right. Repealing Don’t Ask, Don’t Tell. Passing the Employment Non-Discrimination Act. Health benefits and housing. Immigration rights. Relationship recognition. Marriage equality. If we don’t save the next generation, what we’re fighting for today won’t mean anything tomorrow.

These days we can’t seem to escape the stories of lives ruined, or even ended, by bullying based on actual or perceived sexual orientation. Tyler Clementi has dominated the news this week. We’ve also heard about Seth Walsh, Justin Aaberg, Billy Lucas, and Asher Brown. One death is too many. Five in such a short period of time is unconscionable. This must stop.

Columnist Dan Savage makes a simple plea to those who think they have nowhere to turn: It gets better.
 


 

Talk show host Ellen DeGeneres has a similar message: Things will get easier. People’s minds will change. And you should be alive to see it.
 


 

LGBT youth, just like all students, should feel safe and secure when they enter the schoolhouse doors. We can change the end of this story.

For more information, please click here. And be sure to check out the Gay, Lesbian and Straight Education Network.

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