discrimination

Cardin Supports Kagan - and the American People

In support of Elena Kagan's nomination, Sen. Ben Cardin just did an excellent job of listing a few of the examples of how the Roberts Court has gone out of its way to rule against ordinary Americans and in favor of the powerful corporations who victimize them. In addition to the Citizens United and the Ledbetter cases, he mentioned the Gross case, where a 5-4 majority overruled precedent to limit the ability of victims of age discrimination to have their day in court.

Through their elected representatives in Congress, the American people have frequently acted to protect people from abuses of power - abuses that get people fired from their jobs, that poison the air we breathe and water we drink, and that take our elections away from us. Yet the Roberts Court is dedicated to twisting the law in order to strike down these efforts. Corporations win, people lose.

Take a look at our Foundation's Corporate Court report to read what Sen. Cardin is talking about.

Elena Kagan recognizes the role of the Court is protecting Americans from the abuse of power.

PFAW

Leahy Calls the Robert Court on its Pro-Business Excess

Sen. Leahy just opened up the Senate debate on Elena Kagan's nomination to the Supreme Court with words that we all should pay attention to: "Law matters in people's lives." He referred to the Supreme Court’s attack against victims of discrimination in the Ledbetter case. Of course, he also mentioned Citizens United. Thanks to the activists on the Roberts Court, a corporation like BP can now spend hundreds of millions of dollars to defeat candidates who want to improve regulations on offshore drilling. The Roberts Court is anything but the modest and restrained Court that then-Judge Roberts discussed at his own confirmation hearings.

These cases are just the tip of the iceberg. The Roberts Court has been bending the law regularly to favor powerful corporations. At last, they are being called on it.

PFAW

The Supreme Court's Conservative Ideology

Some conservatives are still trying to argue that the Supreme Court is in danger of being overrun by “liberal activists.” But an article in Sunday’s New York Times, entitled “Court Under Roberts Is Most Conservative In Decades,” presented data from political scientists that pretty conclusively showed a conservative, not a liberal, ideology entrenched in the highest court.

One piece of data really stood out to me:

Four of the six most conservative justices of the 44 who have sat on the court since 1937 are serving now: Chief Justice Roberts and Justices Alito, Antonin Scalia and, most conservative of all, Clarence Thomas. (The other two were Chief Justices Burger and Rehnquist.) Justice Anthony M. Kennedy, the swing justice on the current court, is in the top 10.

That’s right: the current “swing” justice is considered one of the ten most conservative judges of the past 70 years. Centrist justices are in some ways even more important than the Court’s ideologues or even chief justices. As the Times article notes, the court’s most extreme shift to the right occurred when Justice O’Connor was replaced with the much more conservative Justice Alito:

By the end of her almost quarter-century on the court, Justice O’Connor was without question the justice who controlled the result in ideologically divided cases. “

On virtually all conceptual and empirical definitions, O’Connor is the court’s center — the median, the key, the critical and the swing justice,” Andrew D. Martin and two colleagues wrote in a study published in 2005 in The North Carolina Law Review shortly before Justice O’Connor’s retirement.

With Justice Alito joining the court’s more conservative wing, Justice Kennedy has now unambiguously taken on the role of the justice at the center of the court, and the ideological daylight between him and Justice O’Connor is a measure of the Roberts court’s shift to the right.

The statistics back up a right wing trend on the Supreme Court that has been hard to ignore. Since Alito joined the Court, it has made startling decision after startling decision, including overturning democratically enacted restrictions on corporate spending in Citizens United v FEC, and defending discrimination against women in the workplace in Ledbetter v Goodyear.

Just one justice can make the difference between democratically enacted campaign finance laws and unlimited corporate spending in elections; between employment discrimination laws that work for employees and those that work for employers; between our democracy holding corporations accountable and corporations owning our democracy.

All of which is why, when we talk about presidents and senators, we have to talk about the Court.

PFAW

Court Stops Right-Wing Anti-Marriage Referendum

An appeals court ruled this morning that the DC City Council has every right to refuse to hold a referendum aimed at shooting down the city’s four-month-old marriage equality law.

The push to end DC’s marriage law was led by Bishop Harry Jackson, an anti-gay activist who has allied with national right-wing groups like the National Organization for Marriage and the Family Research Council in his quest to undo the law.

The DC Council refused to let Jackson introduce a referendum to ban gays from marrying in the District, citing a policy that prohibits ballot intiatives to authorize discrimination. In January, a lower court agreed with the Council, and today the DC Court of Appeals upheld that decision. The Appeals Court’s decision was split 5-4, but the judges were unanimous on one key point: that Jackson’s referendum constituted discrimination.

The DC Council passed the marriage equality law in an 11-2 vote in December; marriage licenses became available in March.

All in all, it’s been a good July for marriage equality.
 

PFAW

Jon Kyl Attacks Women, Older Workers, Baby Seals

Today, when questioning the first panel of witnesses for the Elena Kagan confirmation, Senator Jon Kyl decided not to ask questions, but simply to attack those who had agreed to testify.

Instead of, say, listening to the witnesses, or even ignoring them, he accused three witnesses testifying about sex discrimination, age discrimination, and the devastating impact of the Exxon Valdez spill of demanding a Justice who would rule for them. All they wanted, he claimed, was “results oriented judging.”

He didn’t give them a chance to answer the accusation, so maybe we can answer for them.

No, Senator Kyl, all we want is a Justice who will follow the law.

In Ledbetter, the Court read the law in a cramped and unnatural way in order to limit the right of women to sue for discrimination. In Gross, the Court arbitrarily changed the standard used to determine discrimination on the basis of age. And in Exxon v. Baker, the Court invented a limit on punitive damages out of whole cloth—the ruling was so bad that even the Heritage Foundation thought it was judicial activism.

In the Ledbetter, Gross and Exxon cases, the Court went out of its way to side with corporations and defend them from people who were trying to hold them accountable.

Remind me again, Senator Kyl: what’s the definition of “results oriented judging?”

PFAW

Lilly Ledbetter Recounts Her Fight

Lilly Ledbetter just appeared in front of the Senate Judiciary Committee to speak about the damage that can be done by a Supreme Court that’s not grounded in the realities of life for average Americans.

When Ledbetter found out that she’d been discriminated against, it would have been easy for her to just walk away—after all, it’s not in any way easy to pursue a discrimination claim—but Ledbetter was used to tough jobs. She stood up and demanded that Goodyear be held accountable for its actions. She fought hard, she pursued her case for many years, and she won.

But when the case made it to the Supreme Court, it decided that Goodyear couldn’t be held accountable for its actions. Because the company hid the discrimination for long enough, they were free to discriminate for as long as they wanted.

In 2007, when the Court denied her compensation for decades of pay discrimination, Ledbetter sat down with us to talk about her fight for fair pay for herself and others like her:

After the Supreme Court stopped her from collecting the pay she had earned, she led the fight to make sure it wouldn’t happen to anybody else—and she’s still fighting to make sure that the Supreme Court gives a fair hearing to people like her when they go up against big corporations like Goodyear.

She told the Judiciary Committee:

Since my case, I’ve talked to a lot of people around the country. Most can’t believe what happened to me and want to make sure that something like it doesn’t happen again. They don’t care if the Justices are Democrats or Republicans, or which President appointed them, or which Senators voted for them. They want a Supreme Court that makes decisions that make sense.

That’s why the hearings here are so important. We need Justices who understand that law must serve regular people who are just trying to work hard, do right, and make a good life for their families. And when the law isn’t clear, Justices need to use some common sense and keep in mind that the people who write laws are usually trying to make a law that’s fair and sensible. This isn’t a game. Real people’s lives are at stake. We need Supreme Court justices who understand that.
 

PFAW

Joining the Club

Yesterday, Sen. Amy Klobuchar shot down her colleague Tom Coburn’s assertion that the American people are less free now than we were 30 years ago, offering up some powerful illustrations of the progress women have made since 1980. “I think about whether people were more free in 1980,” she said, “it's all in the eyes of the beholder.”

Kagan, who if confirmed would be the fourth female Justice in the history of the Supreme Court, responded, “I think that there's no question that women have greater opportunities now, although they could be made greater still.”

Today, the Pew Research Center released a survey of attitudes toward working women throughout the world. One finding stood out:

Indeed, the United States and Germany reported an especially strong gap between the sexes on whether enough has been done to give women equality. Of those who believe in equal rights, many more American and German men believe their nations have made the right amount of changes for women, while many more women than men in those countries think more action is required.

“When you’re left out of the club, you know it,” said Prof. Jacqui True, an expert in gender relations and senior lecturer at the University of Auckland. “When you’re in the club, you don’t see what the problem is.”

This disparity in the perception of progress brings to mind Justice Ruth Bader Ginsburg’s fiery dissent to the Supreme Court’s ruling in Ledbetter v. Goodyear. In that ruling, the Court’s majority ruled that Lilly Ledbetter couldn’t collect her fair share after decades of pay discrimination because, they said, she would have had to report the discrimination before she even knew that it was taking place. At the time, Ginsburg was the only female member of the Supreme Court, and she knew what it was like to be “left out of the club.”

Introducing her dissenting opinion, Ginsburg said, “In our view, the Court does not comprehend, or is indifferent to, the insidious way in which women can be victims of pay discrimination.”

This isn’t to say that those who haven’t experienced discrimination can’t understand it. But it’s a powerful reminder of why it’s so important to have a diversity of voices, coming from a diversity of experiences, in positions of power.
 

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

A Victory For Religious Liberty

In today's 5-4 decision in Christian Legal Society v. Martinez, the Supreme Court correctly ruled that a publicly funded law school need not provide funding and recognition to a campus group with policies that discriminate based on religion and sexual orientation.

The University of California, Hastings College of Law, is a public institution with a viewpoint-neutral policy of recognizing and providing some funding to official student organizations, as long as the groups open their membership to all comers regardless of their status or beliefs. The campus Christian Legal Society (CLS) denies voting membership to those who do not subscribe to its religious beliefs, including those which condemn sex outside of heterosexual marriage. Because the CLS's discrimination on the basis of religion and sexual orientation violates the school's "all comers" policy, Hastings denied them official recognition.

All student groups, the CLS included, are subject to the same rules. But the CLS demanded – and the four arch-conservative Justices would have given them – a special favored status denied to other groups: the right to the funds and benefits of recognition from a public institution, along with an exemption from the rules that apply to any other group seeking those funds and benefits.

People For the American Way Foundation filed an amicus brief with other civil rights organizations in support of Hastings College of Law in the case. The brief emphasized that the Supreme Court has repeatedly upheld the right of the states to withhold public funding that would support discrimination. This is particularly relevant in the context of government-funded "faith-based initiatives," where conservative Christian groups are demanding the right to receive public funds and then use them to discriminate against gays and lesbians.

Had the four-Justice dissent carried the day, grave damage would have been done to the power of government to prohibit public funds from being used to forward invidious discrimination. Today is a victory for religious liberty.

PFAW

Supreme Court Denies Access to Justice in Rent-A-Center v. Jackson

In yet another decision highlighting the Roberts Court's tendency to favor corporations over individual citizens, the Supreme Court on Monday made it more difficult for employees and consumers challenging their contracts to seek justice in court.

In Rent-A-Center v. Jackson, Antonio Jackson filed suit in a Nevada federal district court against his employer, Rent-A-Center, claiming that he had suffered racial discrimination and retaliation. Rent-A-Center tried to dismiss the lawsuit and force Jackson to move the dispute to arbitration, as was required by Jackson’s employment contract. The district court agreed with the company, but the Ninth Circuit court reversed, holding that when a person opposing arbitration claims that he or she could not have meaningfully consented to the agreement, the question of whether the original contract was fair must be decided by a court.

In a 5-4 opinion written by Justice Scalia, the Supreme Court overturned the Ninth Circuit's ruling, saying that Mr. Jackson failed to specifically challenge the arbitration provision in the agreement that requires challenges to the validity of the entire agreement to also be decided by an arbitrator. Previously, if an employee challenged certain aspects of a contract that included a binding arbitration clause but not necessarily the arbitration clause itself, the dispute would go to the arbitrators. However, the Court's decision expanded upon that to hold that even if an employee argues that the entire contract – including the arbitration clause – was unconscionable and therefore unenforceable, that person is still denied access to the courts unless he specifically and separately challenged the arbitration clause. In other words, arguing that the entire contract is illegitimate is not enough.

Treated as contracts, arbitration clauses waive one’s rights to go to court, meaning that any disputes must instead be settled through private arbitration. Often built into the fine print of a contract, these clauses are very common in the consumer context and usually there is little choice but to sign or not sign the contract. Most people at some point or another will become bound to an agreement with an arbitration clause, perhaps as part of a cell phone contract, a health insurance plan, or an employment contract. Although they are ostensibly for the benefit of both parties, they are primarily drafted to protect companies from litigation, as it is often too expensive for a claimant to even initiate the arbitration proceedings, much less pay the arbitrator’s hourly fees. In a telling signal of what a majority of the Court today thinks about these practical obstacles for ordinary Americans, Justice Scalia, in oral arguments, dismissed people who sign arbitration agreements as “stupid.”

Forced arbitration is an increasing problem as these clauses become standard parts of everyday contracts, but they are particularly troubling in civil rights cases such as this one. Mr. Jackson’s claim that his employer discriminated against him based on his race was brought under section 1981 of the Civil Rights Acts – legislation that was passed specifically to ensure that victims of such discrimination would have access to the federal courts. Instead, because Mr. Jackson signed an employment agreement - an agreement that he had little choice but to sign if he wanted the job - he is now precluded from asserting a violation of those rights and seeking justice in court.

As confirmed in Justice Stevens’ dissent, neither party even asked the Court for such a heightened standard of pleading, showing how once again, the Roberts Court is going out of its way to protect corporations and prevent real citizens - workers and consumers - from being able to access the federal courts.
 

PFAW

Equal Protection Under Attack: Doe v. Vermilion Parish School Board

Last week, People for the American Way Foundation signed on to an amicus brief urging the Fifth Circuit Court of Appeals to overturn a lower court’s decision allowing a Louisiana middle school to segregate classrooms by sex. The amicus brief, led by the National Women’s Law Center, argued that sex-segregated classrooms are harmful to members of both sexes and violate the Fourteenth Amendment’s Equal Protection Clause.

Parents of the Rene A. Rost Middle School were informed in 2009 that classes for the school would be segregated by sex for the coming fall semester. A parent whose children were placed in sex-segregated classes without receiving constitutionally mandated coeducational options objected and was told that because the coed classes had already been filled, the only option left for one of her daughters was a special needs class. Represented by the ACLU, the parent sued and the trial court dismissed the case by wrongly shifting the burden of proof, requiring the victim to prove discrimination by demonstrating an “intent to harm” - a new standard that is almost impossible to meet and not recognized by the Supreme Court.

As the Supreme Court held in its 1996 decision requiring the Virginia Military Institute to admit women, for a state to permissibly classify on the basis of sex, it “must carry the burden of showing an exceedingly persuasive justification for the classification.” Additionally, the state must not “rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.” Simply put, the Court has found that a state must have a very good reason before it decides to discriminate on the basis of sex.

NWLC’s brief cites evidence that suggests a total lack of adequate justification for the school’s policy, both from a legal and practical perspective, specifically a flawed study performed by Rost Middle School’s principal. Simply put, if the Fifth Circuit were to uphold the District Court’s decision, it would ignore almost 30 years of settled Equal Protection law in order to endorse a discriminatory policy that is harmful to all students regardless of gender.
 

PFAW

Rand Paul, Don’t Ask Don’t Tell, and the “Right” to Discriminate

Matt Coles at the ACLU has written an interesting blog post outlining some major reasons why the repeal of Don’t Ask Don’t Tell is so important. One of his points especially resonated after last week’s firestorm around Republican Senatorial Candidate Rand Paul:

Second, we need to get rid of DADT because it is a blot on the Constitution. DADT enshrines in federal law a principle which had been rejected in most other contexts: that discrimination could be justified by the prejudice of others. In the 60s, businesses in the South said that the prejudice their customers had against black people ought to give them an exemption from discrimination laws. Congress and the courts disagreed. In the 80s, government agencies actually defended discrimination on the basis that neighbors (or others) had strong negative feelings about disabled people, "hippies" and even older people (in Miami of all places). Again, the courts disagreed. But in the Congress that passed it, the single justification for Don't Ask, Don't Tell was not that gay members of the Armed Forces couldn't do their jobs. It was rather that heterosexual service members would be so unnerved by the mere presence of gay people that they would be unable to perform theirs. As long as DADT endures, the idea that your rights can't be taken away just because someone else doesn't like you is hardly secure.

Last week, Rand Paul struggled to defend his view that the government should allow private enterprises to discriminate against people based on race, gender, or sexual orientation. He was forced to backtrack on his position after his statements were shot down by civil rights groups, the media, and members of his own party. His reasoning essentially amounted to the idea that the government has more of a duty to protect the right to discriminate than to protect those who are discriminated against. Sound familiar?

That’s a false and outdated interpretation of the Constitution—one that didn’t hold water in 1964, and doesn’t today.

(And, as a sidenote, check out the American Prospect’s takedown of another one of Paul’s perversions of the Constitution).

PFAW

Supreme Court Changes Course to Rule for Workers Over Technicalities

Good news from the Supreme Court this morning: after taking a beating for its 2007 decision denying Lilly Ledbetter the right to sue her former employer for years of wage discrimination based on a deadline she could not have observed, and for a series of stunning pro-corporate rulings, the Court today handed down two decisions restoring justice to workers who had been denied relief based on technicalities.

In Lewis v. City of Chicago, the Court ruled that 6,000 African American applicants for firefighting jobs in Chicago could sue the city for discrimination, even though the city argued they had filed their complaints too long after the discrimination had taken place (whether or not the discrimination happened was not in question):

In a 9-0 decision, the justices said the city was liable for paying damages to those applicants who had "qualified" scores on the test but were excluded in favor of those who scored higher. Earlier this year, a lawyer for black applicants estimated the total damages in the case could reach $100 million.

The question was whether the city’s discrimination had taken place when it had compiled a discriminatory hiring list (in which case the plaintiffs had missed the filing deadline), or each time it made a hiring decision based on that list (in which case they had sued the city in time). The court ruled the latter.

And in Hardt v. Reliance Standard Life Insurance Co., the Court ruled unanimously that an employee who had prevailed in her suit for benefits under the Employee Retirement Income Security Act (ERISA) could gather attorneys’ fees, even though she had not prevailed through a judicial decision. (Her employer had backed down and agreed to pay her compensation before the case was decided by a court).

About 10,000 ERISA lawsuits are filed each year.

President Obama’s nominee for the Supreme Court, Solicitor General Elena Kagan, filed amicus briefs on behalf of the plaintiffs in both cases.
 

PFAW

Bork by Any Other Name

In the two days since Republican Senate nominee Rand Paul restated his long-held opposition to the portions of 1964’s Civil Rights Act that prohibited racial discrimination by private businesses, members of his party have been keeping their distance and tripping over themselves in the rush to declare their allegiance to the landmark civil rights law.

But, as the Washington Post’s Ruth Marcus points out, there was a time not long ago when Republican Senators were faced with someone with views very similar to Paul’s–and, instead of distancing themselves from him, tried to put him on the Supreme Court.

Rand Paul and Robert Bork, Marcus writes, “are ideological soul mates.”
For those whose perspective on the rejected Bork nomination is that it was such a skewed pummeling that it led to the creation of a new verb -- Borking -- here’s a reminder. Writing in The New Republic in 1963 about the proposed civil rights act, Bork inveighed against a principle of "unsurpassed ugliness” -- not of racism, mind you, but of the notion of compelling private property owners to stop discriminating. Sound familiar? The next year, Bork lit into the proposed bans on discrimination in both employment and public accommodations, saying they would “compel association where it is not desired,” and citing “serious constitutional problems” with the measure.


Bork renounced those views publicly in 1973, during his nomination for solicitor general. Paul’s about-face took less than 24 hours.


It might seem unfair to bring up a 23-year-old nomination battle in the debate over today’s policies, but some in the Republican Party have done just that, using Bork’s Senate defeat as a recurring Supreme Court talking point.

Just last week, for instance, Senate Minority Leader Mitch McConnell (who voted to confirm Bork in 1987) used the Bork-as-martyr defense to excuse all GOP attacks on Elena Kagan.

This week, McConnell weighed in on the Paul brouhaha, issuing a statement extolling the “landmark achievement” of the Civil Rights Act.

If Republicans want to keep on bringing up the Bork nomination, they should spend some time remembering why Bork met with such an unfriendly reception.

For a reminder, check out People For’s 1987 TV Ad on Bork, narrated by Gregory Peck:


 

PFAW

PFAW and AAMIA tell House: Pass ENDA now

People For the American Way and African American Ministers in Action wrote to the House of Representatives today urging swift passage of the Employment Non-Discrimination Act – as a clean bill with no harmful amendments or motions to recommit. This follows last month’s joint statement by over 200 organizations demanding immediate action.

According to PFAW’s Michael B. Keegan and Marge Baker:

American principles of fairness and equal opportunity should be extended to all in the workplace. Passage of ENDA would be a major step in the right direction.

AAMIA’s Reverend Timothy McDonald further explored the idea of shared values.

If we’re going to build the beloved community that Dr. King spoke of, we must be conscious of discrimination, no matter where it rears its ugly head.  As African American ministers, we know what it takes to stand up against systemic oppression. It is in solidarity and love that we recognize the plight of others and support this struggle for the same protections.

We believe a committee vote is imminent, with a House floor vote not far behind. Please write or call your Representative now and tell him or her that you support the Employment Non-Discrimination Act.

Before I go, a special shout out to our friends at the National Center for Transgender Equality for their recent action calling on transpeople to seek employment at congressional offices as a way to demonstrate that transpeople need jobs and are determined to get them.

PFAW

DOD puts breaks on DADT repeal, veterans to lobby Congress

Late Friday, Defense Secretary Robert Gates and Joint Chiefs Chairman Admiral Mike Mullen urged Congress to hold off on repealing Don’t Ask, Don’t Tell until the Pentagon completes its policy review. This was followed by a White House statement (cited by Washington Post and other media outlets) deferring to Secretary Gates.

Alexander Nicholson, a former Army interrogator discharged under Don't Ask, Don't Tell and current Executive Director of Servicemembers United, believes that the push for repeal is not the real problem.

This letter from Secretary Gates is a significant cause for concern for those who truly respect and support the gay military community.

PFAW agrees that careful thought must be given to a repeal of Don’t Ask, Don’t Tell. But like Alexander Nicholson, we believe just as strongly that legislative action does not depend on the actions of the DOD Working Group. The Working Group was commissioned to study how to repeal Don’t Ask, Don’t Tell – not whether it should be repealed. That’s the point on which Congress wants to act. They could do so as early as this month when work begins on the DOD Authorization bill. Congress should proceed now so that we are ready for implementation by December 1 – the deadline for completion of the Working Group report.

Aubrey Sarvis, Army veteran and Executive Director of Servicemembers Legal Defense Network, described this “fierce urgency of now” in his response.

As a result of the Commander in Chief's decision to defer to Secretary Gates' wishes and timeline, gay service members will continue to be treated as second class citizens, and any sense of fairness may well have been delayed for yet another year, perhaps for another decade.

Joe Solmonese, President of the Human Rights Campaign, continues.

[F]ailure to act this year will, without a doubt, continue to send the message to the thousands of gay and lesbian Americans serving their country in silence that their views and concerns, and the impact on them and their families, do not matter to the military leadership, including their Commander-in-Chief.

Advocates will not rest in their push for an end to LGBT discrimination and muzzled military service. In fact, we’re just one week away from the National Veterans Lobby Day. Hundreds of veterans will come to Capitol Hill to stand up and speak out for the end of Don’t Ask, Don’t Tell.

PFAW

LGBT families included in immigration reform framework

Senate Democrats made news this week with the release of their framework for moving forward on immigration reform. It is by no means perfect, and there is much work left to be done. However, these Senators should be commended for the framework’s attention to family unity and its inclusion of LGBT families. Page 22 stands strong on behalf of keeping LGBT families together in the US.

[The proposal] will eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status.

This language speaks to the Uniting American Families Act (UAFA) and lays the foundation for fully incorporating UAFA into whatever legislation results from the framework. Incorporating UAFA would be a meaningful step taken toward providing equality to same-sex couples and keeping their families together. UAFA allows many same-sex partners to begin the immigration process more quickly and efficiently, and with fewer limitations. Gay men and lesbians whose partners are US citizens or legal permanent residents could apply for family-based visas and green cards.

Last month, PFAW urged the Senate to take action on comprehensive immigration reform (CIR). We believe this issue is critical to the welfare of our country.

Today, we thank Senators Schumer (NY), Reid (NV), Menendez (NJ), Durbin (IL), Feinstein (CA), and Leahy (VT) for recognizing that addressing immigration fairly and effectively means addressing the needs of ALL people.

For more information, please visit Immigration Equality.

PFAW

Sessions warns of Obama’s “dangerous” SCOTUS philosophy

Don’t say he didn’t warn you. Sen. Jeff Sessions has taken issue with several of President Obama’s criteria for picking a Supreme Court nominee, but he’s especially concerned about the stipulation that the new justice have a “keen understanding of how the law affects the daily lives of the American people.”

That priority, Sessions warned ABC News this week, is “dangerous.”

One has to wonder if Sessions was similarly terrified in 2006, when in his confirmation hearings before Sessions’ committee, now-Justice Samuel Alito made an eloquent speech about his ability to identify with the concerns of immigrants, children, victims of discrimination, and people with disabilities.

He shouldn’t have worried: despite his professed understanding, Alito helped bring us a variety of decisions that have ignored the realities of daily life in America.

But if he sees out-of-touch as the most desirable quality in a Supreme Court justice, Sessions may have found his ideal Justice in John G. Roberts. Roberts has already reassured us that he missed the Internet age entirely. And on Monday, the Chief Justice showed us his lack of concern for low-wage laborers when he belittled the situation of workers forced to sign bad contracts as “economic inequality or whatever.”

If Sessions is looking for a Supreme Court that disregards the lives of ordinary Americans, he’s got it. But maybe it wouldn’t be so dangerous for our newest Justice to understand the difference between “economic inequality” and “whatever.”

PFAW

More evidence that in Virginia, the Radical Right's in charge

The Washington Post reported today that Virginia Attorney General Ken Cuccinelli has sent a letter to the Commonwealth’s public colleges and universities asking them to rescind policies that ban discrimination against LGBT people, stating:

"It is my advice that the law and public policy of the Commonwealth of Virginia prohibit a college or university from including 'sexual orientation,' 'gender identity,' 'gender expression,' or like classification as a protected class within its non-discrimination policy absent specific authorization from the General Assembly."

Colleges that have included such language in their policies -- which include all of Virginia's leading schools -- have done so "without proper authority" and should "take appropriate actions to bring their policies in conformance with the law and public policy of Virginia," Cuccinelli wrote.

I posted last week on the new Virginia Governor's assault on LGBT Virginians, in his rush to carry out the agenda of the Religious Right. Clearly it's not just Gov. Bob McDonnell who poses a threat to Virginians’ rights. The Religious Right has spread its tentacles throughout the upper echelons of Virginia’s state government, and with its grip firmly on the levers of power, Virginians have a lot to be worried about.

More brutal evidence of the fact that elections matter... Progressives will have a lot of work to do fighting back the policies of McDonnell, Cuccinelli and right-wing state legislators in Virginia.

PFAW

Virginia's New Radical Right Governor Begins His Assault

Pat Robertson's man in the Virginia State House, Governor Bob McDonnell, has been in office less than a month and is already delivering on the Religious Right's agenda ... at the expense of Virginians' civil rights.

A February 5 executive order from the 'Gov stripped gay and lesbian state workers of protections against job discrimination. It was that simple: signing an order that prohibits discrimination based on nearly every category except sexual orientation (which had been included under McDonnell's predecessor, Gov. Tim Kaine). The move has already been praised by Radical Right groups like Tony Perkins' Family Research Council.

This is a painful, cringe-inducing "I told you so" moment that brings no satisfaction to anyone and certainly no desire to gloat. It's a sad reminder that when we snooze, we lose -- in this case, progressive voters snoozing has led to LGBT Virginians losing, but rest assured, there will be more to come and enough misery to go around.

Bob McDonnell's opponent in the gubernatorial race was Creigh Deeds, who failed to inspire his progressive base. Deeds campaign ran away from progressive values instead of embracing and fighting for them, and the Democratic ticket paid the price on Election Day. Deeds got the Democratic nomination in the first place because of dreadful turnout, particularly among progressives, in that party's primary election.

The other lesson we must take away is that we must EXPOSE right-wing candidates for what they are. This need makes organizations like PFAW and blogs like RightWingWatch very important. McDonnell is an undoubtedly intelligent and charismatic politician. He seems like a very nice guy, a good family man and emanates a sincerity that might be genuine. But this persona belies his radical beliefs.

McDonnell could rightly be called a "wolf in sheep's clothing" for running a campaign that avoided the polarizing issues on which his Religious Right agenda is focused. But the evidence was there all along. He was elected, in part, due to progressives' and Democrats' failure to expose his true radical right-wing inclinations despite a wealth of evidence.

His master's thesis (at Pat Robertson's Regent University, which itself should have been portrayed as a bigger red flag to VA voters) espoused extremely radical views. It became a major campaign issue for his opponent Deeds but somehow McDonnell was able to diffuse it by saying those were the views of a younger, less lived and learned version of himself. He was 34 YEARS OLD when he wrote the thesis, though, and hardly some naïve kid. McDonnell's record as Attorney General and statements he had made in the past, as well as his close connection to Pat Robertson, should have been additional red flags.

But here we find ourselves, with LGBT Virginians taking the first of what will likely be many blows to their basic rights throughout Gov. McDonnell's tenure. And it's not only Virginians who are going to suffer.

McDonnell has been unleashed onto the national political scene too. Americans already have enough fear from hatemongers like Sarah Palin, Rick Santorum and others who threaten America with their potential candidacy for president. Now, we have Bob McDonnell (Pat Robertson's protégé!!!) who is clearly being groomed to be a national leader of the Republican Party after he gave the GOP response to President Obama's State of the Union Address -- a response that was very well executed and positioned the articulate family man McDonnell as what one would imagine to be a Tea Party activist's ideal alternative to our current president. (The fact that McDonnell is white is sadly of central importance in the GOP's ploy, but that's a topic that deserves further dissection in another post).

It's been said that we get the government we deserve, based on who we vote for or whether or not we choose to vote at all. But no one deserves a governor like Bob McDonnell. And the likes of Pat Robertson and Tony Perkins certainly do not deserve to have their errand boy serving them up one wish list item at a time wrapped all pretty with a bow on it.

Progressives stay at home on Election Day at all of our peril. And that goes for the primaries especially. The progressive "base" can't just be the voters whose turnout makes the difference for Democrats in general elections (young voters, low-income voters, etc.). People who truly embrace what it means to be progressive need get out there and stand up for our values within the political party structure. If there's one thing this current crop of Democratic members of Congress has made all too clear, it's that no one else is going to assert those values (the same ones that made and continue to make America great, I might add) if we don't do it in the voting booth.

We must do better.

In the meantime, we need to keep an eye on Governor Bob McDonnell, lest he follow the path of another perceived "every man" who was strong on "family values" and played the part of a "uniter, not a divider." That "every man," George W. Bush, served up the most radical right-wing policies of any modern president and was quick to empty the nation's treasury into the pockets of war profiteers and his other corporate sponsors. Let's learn from the past.
 

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