Another day, another discriminatory ban struck down. Today a federal judge ruled in Whitewood v. Wolf that Pennsylvania’s 1996 ban on same-sex marriage is unconstitutional. This victory for marriage equality follows closely on the heels of the striking of Oregon’s ban only yesterday and makes Pennsylvania the 19th state allowing same-sex couples to marry.
Congratulate Pennsylvanians by sharing our graphic below:
Federal district court nominee Michael Boggs of Georgia had his confirmation hearing before the Senate Judiciary Committee on Tuesday. The hearing was his opportunity to address the many serious concerns we and others have had about his record. When he first ran for office as a state judge, he assured voters that they could know where he stood by looking at his legislative record, including his opposition to marriage equality. But judges aren’t supposed to let their personal political beliefs determine how they rule on cases. In addition, the legislative record he cited is deeply disturbing.
Unfortunately, his testimony in response to senators’ questions only deepened our concerns. So in a letter Wednesday to members of the Senate, People For the American Way expressed strong opposition to this confirmation. PFAW Executive Vice President Marge Baker and Senior Legislative Counsel Paul Gordon delineated the reasoning behind the organization’s opposition to Boggs’ confirmation.
“[Boggs’] record makes clear that senators should not confirm him to a lifetime position as a United States judge,” the letter states. “…we do not believe Michael Boggs has demonstrated that he would be able to bring to his service as a lifetime judge on the federal courts the requisite impartiality necessary for such a position.”
The five page letter discusses the problems around Boggs’ ability to perform in the role of judge and his actions relating to LGBT equality, reproductive rights, and government promotion of religion. It also discusses the controversy around his support for the inclusion of Confederate imagery in the Georgia state flag, as well as his candor before the Judiciary Committee. You can read the full text of the letter here.
Six months ago today, the Senate passed the Employment Non-Discrimination Act (ENDA), legislation that would make it illegal to fire, refuse to hire, or refuse to promote someone because of who they are or who they love. Despite the fact that the majority of states’ laws leave lesbian, gay, bisexual, and transgender (LGBT) workers unprotected – and the fact that most Americans believe that this workplace discrimination is wrong – House GOP leadership continues to stand in the way of progress.
Why are they ignoring the will of the people and blocking LGBT Americans from fundamental rights? You can help put the pressure on Congress to pass ENDA by sharing our brand new infographic:
You can also check out our other ENDA-focused resources.
Today is the Gay, Lesbian, and Straight Education Network’s Day of Silence, an event meant to bring attention to the “silencing effect” of anti-LGBT bullying and harassment in schools. In classrooms across the country, thousands of young people will stay silent throughout the day as part of an annual student-led effort that has been occurring since 1996.
In anticipation of the Day of Silence, People For the American Way recently released a new policy toolkit, Education Without Discrimination: Creating Safe Schools for All Students, which provides activists with the tools they need to advocate for critical safe schools reforms. The toolkit includes lobbying and media tips, talking points, sample materials, and background info on the lead federal legislation, the Safe Schools Improvement Act (SSIA) and Student Non-Discrimination Act (SNDA).
Unfortunately the Religious Right continues to rail against commonsense legislation like SSIA and SNDA that would help make our schools safe for all students. Right-wing activist Gordon Klingenschmitt has warned that the Student Non-Discrimination Act would “give homosexuals and perverts protected status” and “mandate pro-homosexual recruiting of kids in public schools.” Just this week, Mission America’s Linda Harvey – who once claimed that anti-bullying programs would turn schools into “indoctrination camps” – publicly encouraged young LGBT people to stay in the closet.
To learn more about how to stand up to these hateful attacks and push for positive change, check out the safe schools toolkit.
In the wake of the recent uproar about an expansive “right to discriminate” bill that was vetoed in Arizona, on Thursday Mississippi governor Phil Bryant quietly signed similar legislation, the so-called Mississippi Religious Freedom Restoration Act, into law.
Mississippi State Senator Derrick Simmons, a member of affiliate People For the American Way Foundation’s Young Elected Officials Network, has been a vocal opponent of the distressing law. On the floor of the state Senate last week, Sen. Simmons, who is African American, said:
If you have never been discriminated against, you don't know how that feels…. I urge you to vote against this bill because it legalizes discrimination.
On Friday he spoke out again in a powerful op-ed outlining some of the negative repercussions his state may see now that, in Simmons’ words, “the worst outcome has occurred”:
Businesses wishing to discriminate against any person under state law could use “religious exercise” as a defense to justify their actions.
Federal and state laws do not let business owners with religious objections to “mixing the races” refuse service on religious grounds. We do not let business owners with traditional views of sex roles refuse to sell certain products to women or not hire married women for full-time jobs on religious grounds. Yet the way this bill is written could open the doors to many other types of discrimination.
…The Jim Crow laws ended in 1965. I was born 11 years later. I never witnessed those horrible years. I don’t want to see any shadow of the Jim Crow era, but this bill could turn back the clock. Arizona stopped it from happening when Governor Jan Brewer vetoed a similar bill in her state. I was praying for the same here; however, Mississippi just doesn't have the will to do what is right. Mississippi is burning again.
The worst outcome has occurred - Governor Bryant has signed the discriminatory bill into law. Yes, we can hope the Mississippi court system will recognize the importance of enforcing protection from discrimination, but we can act locally. We must ask our counties and cities to pass non-discrimination ordinances so our friends of all races, colors, creeds and orientations can find oases from prejudice in the great state of Mississippi.
Ryan Hurst is the membership services program coordinator for affiliate People For the American Way Foundation’s Young Elected Officials Network.
Last week, Arizona Governor Jan Brewer vetoed SB 1062, a bill that would have made it legal for businesses and employers to discriminate against lesbian, gay, bisexual, and transgender people if it was due to a “deeply held religious belief.” Many Arizonans and national leaders on both sides of the aisle vehemently opposed it, including members of affiliate People For the American Way Foundation’s Young Elected Officials (YEO) Network. US Representative Kyrsten Sinema (AZ-09) and Arizona State Senate Democratic Leader Anna Tovar spoke out on MSNBC. Tovar also said in a statement:
SB 1062 permits discrimination under the guise of religious freedom. With the express consent of Republicans in this legislature, many Arizonans will find themselves members of a separate and unequal class under this law because of their sexual orientation.
Supporters of SB 1062 and legislation like it have argued that it is necessary to protect the “right” of business owners to deny services to LGBT Americans. Why does fighting this flawed assumption matter? Why would LGBT Americans want to patronize a business that is trying to discriminate against them?
It matters because our values define who we are as a people. Do we want to be an America that permits discrimination because we disagree with someone? An America that legislates away the dignity of a group of our fellow citizens? The desire to have and feel dignity is something that reaches into our very core. It is why African American students refused to get up from lunch counters during the civil rights movement. Though the circumstances behind those heroic acts were different, at least one of the core motivating factors is the same – the desire to have dignity and be valued as a human being.
We as a nation decided to set precedent as a result of the civil rights movement, that we would not allow ourselves to be defined by hate and ignorance, and that discrimination based on race, gender, disability, national origin, and religion would not be tolerated. Why would we hold love to a different standard? Like religion, it is deeply personal and central to who we are, and our freedom regarding that area of our lives is recognized as basic to the very concept of liberty. And we can no more change who we love than change our race, sex, or national origin.
Unfortunately Arizona was not alone in proposing a bill that would allow businesses to deny services to LGBT Americans. In all, 12 states had similar bills simultaneously working their way through their state legislatures. In the fallout from SB 1062, most of these states quietly killed these bills with little fanfare. But a few states like Idaho, Mississippi, and South Dakota are still considering similar legislation, and Oregon is even considering a ballot initiative.
It is time for us as a country to be bold and unapologetic about our rejection of discrimination. It is important for us to have conversations about why our brothers and sisters, sons and daughters, and neighbors and friends deserve dignity and equality. We must not be afraid to speak out in opposition to these bills if they are introduced in our state, and we must exercise our right to vote by removing elected officials from office that choose to support legislation that diminishes the dignity of others.
In another win for the marriage equality movement, today U.S. District Judge Orlando Garcia struck down Texas’ ban on marriage for same-sex couples. The judge wrote that "Texas' current marriage laws deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”
The Washington Post reports:
U.S. District Judge Orlando Garcia did not say gay marriages could be performed immediately. Instead, he stayed the decision, citing a likely appeal.
"Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution," Garcia wrote in his decision. "These Texas laws deny Plaintiffs access to the institution of marriage and its numerous rights, privileges, and responsibilities for the sole reason that Plaintiffs wish to be married to a person of the same sex."
Similar bans have been struck down in states across the country – most recently in Virginia less than two weeks ago. Today’s victory in a state with a whopping 26 million residents brings us one important step closer to nationwide marriage equality.