Women

Wear a Trust Women Silver Ribbon, Spread the Word, Take Action

January 22, 2011 will mark the 38th anniversary of Roe v. Wade. This landmark ruling, along with the earlier Griswold v. Connecticut, recognized a constitutional right to privacy and protected a woman's right to make reproductive decisions based on her own life, health, and conscience. Ensuring that women are trusted to make those decisions is a cause that stills needs our support all these years later.

People For the American Way has joined the Silver Ribbon Campaign to Trust Women. Along with our Silver Ribbon partners, we’re asking you to wear a silver ribbon during Trust Women Month – January 22 through February 22. And when you do, don’t forget to spread the word and take action.

From our friends at Silver Ribbon:

Since the recent election, the opponents of reproductive health care and women’s rights have claimed they speak for America. They do not.

It’s time to express the true voices of America.

It’s time to come together and show our strength.

We need to stand by each other and claim our rights to the legal health care to which we’re entitled.

Join the Silver Ribbon campaign to Trust Women, for Reproductive Rights and Justice.

Wear a Trust Women Silver Ribbon. Make your own Silver Ribbon, or for a $5 donation you can order a Silver Ribbon pin. Wear your Silver Ribbon from January 22nd to February 22nd to show your solidarity.

Spread the word. Get your Twibbon on. Follow us on Twitter.

Take action! Donate today to one or more of our partner organizations. January 22 is the 38th anniversary of the Roe v. Wade decision. Our Silver Ribbon partners will be organizing a series of calls to action leading up to this anniversary. Check our Take Action section for the latest updates from our partner organizations.

Join us!

The Silver Ribbon represents science over ideology.

We who proudly wear it:
  • Support reproductive rights
  • Support free access to birth control
  • Support keeping abortion legal and accessible
Trust Women!

For more information, please click here.

PFAW

Justice Scalia and Sex Discrimination

Justice Antonin Scalia is in the news again, having pronounced yet again that the United States Constitution does not prohibit the government from discriminating against women. The Huffington Post reports on a newly-published interview with the legal magazine California Lawyer:

[Interviewer:] In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don't think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we've gone off in error by applying the 14th Amendment to both?

[Scalia:] Yes, yes. Sorry, to tell you that. ... But, you know, if indeed the current society has come to different views, that's fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don't need a constitution to keep things up-to-date. All you need is a legislature and a ballot box.

The Huffington Post notes:

Marcia Greenberger, founder and co-president of the National Women's Law Center, called the justice's comments "shocking" and said he was essentially saying that if the government sanctions discrimination against women, the judiciary offers no recourse.

Although you might not know it from what Scalia says, there is nothing in the Fourteenth Amendment that puts women outside its scope. The text is quite plain on that regard: "No state shall ... deny to any person within its jurisdiction the equal protection of the laws" (emphasis added). The last anyone checked, women are people.

Scalia has previously discussed with legal audiences his opposition to constitutional equality for women. In fact, he wrote a lone dissent 15 years ago in United States v. Virginia making his view clear: He believes that the landmark 1971 Supreme Court case ruling that the government cannot discriminate against women simply because they are women was wrongly decided. (Then-litigator Ruth Bader Ginsburg helped write the brief arguing for equality in that case.)

When it comes to the rights of women, Scalia’s Constitution is a stiff, brittle document, relegating women to the limited rights they were allowed to have in 1868, when the Fourteenth Amendment was adopted.

Interestingly, his approach is far more flexible for corporations, as we saw in Citizens United, when he concluded that mega-corporations have the same First Amendment rights as people for the purposes of election law.

Perhaps if a woman wants to have full constitutional protection from Justice Scalia, she needs to incorporate.

PFAW

Breaking news: House passes DADT repeal, sends bill to Senate

On a 250-175 vote, the House just passed repeal of Don’t Ask, Don’t Tell. People For the American Way and African American Ministers in Action issued the following statements:

 

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

“The House has once again stood with the American people, the leaders of our military, and our men and women in uniform in voting to repeal Don’t Ask, Don’t Tell. The minority of Republican senators who are fighting to save this discriminatory and failed policy have resorted to far-fetched arguments and procedural excuses in their efforts to stall the process of repeal. Secretary of Defense Gates and Joint Chiefs Chair Admiral Mullen have spoken clearly and eloquently about the need for immediate repeal, and more than 60 senators have said they will listen to their advice. It’s now time for the Senate to put aside excuses, and do what’s right for the military and the country.”

Leslie Watson Malachi, Director of African American Ministers in Action, added:

“Don’t Ask, Don’t Tell forces men and women serving this country to make compromises with the values of honor, integrity, faithfulness and service. Until the policy is repealed, gay and lesbian service members will continue to be forced to lie about their identities in order to serve their country. Gay and lesbian individuals are ready and willing to step up, and have stood up to the challenge of military service. They share in the sacrifices made by their family, friends, and neighbors. During this season of giving, give what they deserve - to serve honestly and openly with dignity.”

Repeal now goes to 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 and AAMIA have already sent letters to the Senate urging the same.

From the PFAW letter:

Nationwide polls and the Pentagon’s own working group have shown strong support for the right of servicemembers to serve their country openly and honestly. We ask you to make open service a priority by casting your vote to repeal Don’t Ask, Don’t Tell.

From the AAMIA letter:

There is a time and a season for every activity, every purpose. Now is the time, this is the season to repeal Don’t Ask, Don’t Tell.

I know there’s been a lot of confusing procedural wrangling lately, but the time is now. The Senate must take up the House bill. It must be sent to the President’s desk. Call (202) 224-3121.

On a personal note, one of the newspapers in my alma mater’s hometown recently published an editorial on Don’t Ask, Don’t Tell and the DREAM Act. Please click here to read Terry Smith’s piece in the Athens News.

PFAW

Don’t Ask, Don’t Tell repeal: The fight is not over

PFAW was just as disappointed as anyone to see last Thursday’s procedural defeat of the FY11 Defense authorization bill.
 

Don’t Ask, Don’t Tell has been a failed experiment in discrimination—it has kept countless patriotic Americans from serving their country in the military, and sent thousands of brave men and women packing after honorable careers in the armed forces. For too long, an unjust, ineffective, and unpopular policy has been kept in place by the divisive politics of the far-right fringe. As Sec. Gates has acknowledged, Don’t Ask, Don’t Tell won’t hold up for long in the court of law. The Senate’s refusal to end the policy at Sec. Gates’ request—and to sink an important Defense bill along with it—is short-sighted and irresponsible, and puts right-wing politics ahead of national security.

But we have called on you to keep fighting, in particular on behalf of S. 4023 – the stand-alone repeal bill introduced by Senator Lieberman, with Senators Collins, Gillibrand, Mark Udall, and 38 other cosponsors (at press time).

Last night, a Department of Defense Authorization bill that contained the repeal of Don't Ask, Don't Tell was successfully blocked, falling three votes short of the 60 needed for the bill to get an up-or-down vote on the Senate floor. But there's good news… Several senators who voted to block the bill did so not because they oppose repealing Don't Ask, Don't Tell but because they had procedural objections to how the bill was being pushed forward.

Shortly after the vote, Sens. Joe Lieberman (I-CT) and Susan Collins (R-ME) announced they were introducing Don't Ask, Don't Tell repeal as a stand-alone bill and expressed confidence that they had more than the 60 votes required to move the bill forward. It's been rare in recent years that we could count Sens. Lieberman and Collins as allies in the fight for progress on many of the issues we care about. But in this instance, they deserve to be commended. They are matching their words with action and moving a bill which could, once and for all, be the final nail in the coffin for the discriminatory policy of Don't Ask, Don't Tell.

Help shore up your senators' support for repealing Don't Ask, Don't Tell by calling them now and urging them to vote YES on repeal.

Capitol Switchboard - (202) 224-3121

Last Friday, repeal advocates gathered on Capitol Hill to make sure that the Senate keeps fighting. From Metro Weekly:

I attended the rally and was heartened by the passionate voices emanating from the podium. More information about those speakers, including additional video, is available here and here.

PFAW

White House: Judicial Nominations are a Priority for Lame Duck

White House Press Secretary Robert Gibbs told reporters yesterday that pushing through stalled judicial nominations would be one of the president’s priorities in the last days of the lame duck session of Congress.

People For released a memo last week detailing why it’s important for the Senate to confirm all 38 stalled nominees immediately:

As the end of the 111th Congress approaches, 38 judicial nominees approved by the Senate Judiciary Committee are waiting for a vote on the Senate floor. Many of the nominees have been waiting for months, while a few have been waiting for almost a year.

Of these nominees:

  • 21 (55%) have been nominated to fill emergency slots.
  • 29(76%) are women or people of color.
  • 29 (76%) came out of committee without opposition and an additional 3 came out of committee with significant bipartisan support.

There’s no question that a majority of senators will vote to confirm every one of these nominees, and it’s unlikely that any of them would fail to garner the 60 votes necessary to overcome procedural hurdles that the GOP has deployed on virtually every function the Senate has performed since President Obama took office. (This is doubly true considering that many members of the GOP have publicly asserted that filibusters of judicial nominees aren’t just wrong, but actually unconstitutional.)

Now, Senate Minority Leader Mitch McConnell seems to be offering Democrats a devil’s bargain: confirm a number of the nominees that don’t have any opposition at all, but send the rest back to the White House at the end of the Congress. The group being sent back to the White House will almost certainly include four of the eminently qualified – and mainstream -- nominees who have had the misfortune of being tagged as “controversial” by Republicans:

  • Rhode Island nominee John McConnell, who has been opposed by the US Chamber of Commerce for his willingness to represent victims of lead paint poisoning.
  • Former Wisconsin Supreme Court Justice Louis Butler, whose work as a judge irked business interests so much, they spent $1 million to prevent his reelection.
  • U.S. Magistrate Edward Chen, who has been attacked for his work fighting discrimination against Asian Americans for the American Civil Liberties Union.
  • And then, of course, Ninth Circuit Appeals Court nominee Goodwin Liu. As the New York Times editorial page has pointed out, the GOP’s resistance to Liu centers mainly around the fear that he’s so qualified, he might end up on the Supreme Court.

Senator Reid and his colleagues should call Senator McConnell’s bluff and start holding cloture votes on these nominees. The process will take time, but adding time to the calendar is entirely within the Democratic leadership’s purview. By confirming McConnell, Butler, Chen, and Liu, Senators can make clear that they will fight the unprecedented and enormously damaging obstruction of highly qualified judicial nominees. Walking away from these nominees delivers the confirmation process to the GOP: they’ll effectively block confirmable jurists without even having to go on record with their obstruction.

President Bush worked hard to pack the courts with far-right, Federalist Society judges. Confirming Obama’s picks will not only fill vacancies causing judicial emergencies and add much-needed diversity to the federal bench, it will prevent the federal bench from continuing to be dominated by Bush’s far-right appointments.

 

PFAW

Evolving Media Narrative of the Roberts Court

More and more Americans have noticed the Roberts Court's habit of twisting the law in order to benefit powerful corporations over the rights of individuals. As recently as a year ago, the national dialogue on the Court rarely touched on this issue. But last January's Citizens United decision was so outrageous that it made people see both the Court's previous decisions and its current work through a new lens. Evolving press coverage reflects the changing paradigm in how Americans view the Supreme Court.

For instance, earlier this week, the Supreme Court announced that it had agreed to hear a case of sex discrimination against Wal-Mart and a separate case involving global climate change. Press coverage recognized the common factor in the Court's decisions to hear these very different and unrelated cases.

The Los Angeles Times wrote:

The Supreme Court announced Monday it will hear two major appeals from corporate America that seek to block mass lawsuits, one involving a huge sex bias claim against Walmart and the other a massive environmental suit that seeks to hold coal-fired power plants liable for causing global warming.

In both cases, the justices agreed to consider stopping these suits before they can move toward a trial.

Monday's move is only the latest sign that the Roberts Court is inclined to rein in big-money lawsuits against business. The conservative justices have been particularly skeptical of sprawling suits that could run on for years and lead to enormous verdicts.

Under a headline reading "Two Supreme Court Cases to Test Corporate Interests," the Washington Post reported:

The Supreme Court on Monday agreed to hear two major challenges brought by corporate interests, ...

In both cases, corporations are challenging decisions by federal appeals courts that the suits can go forward. They come before a court that traditionally has been sympathetic to business interests, but is sensitive about recent criticism from the left that it favors corporations over consumer and environmental groups.

Time wrote:

Two federal courts have ruled that their suit can proceed as a class action on behalf of between 500,000 and 1.5 million women, but on Monday the Supreme Court announced it would review that decision. It looks suspiciously like another case in which the court's conservative majority will twist a procedural rule to prevent victims of discrimination from getting a fair chance at justice

As Jeffrey Toobin observed in the New Yorker this week:

This is the rule in the current Supreme Court. If there is a human being on one side of the "v." and a corporation on the other, the corporation wins.

The Roberts Court is learning that if you look like a duck, walk like a duck, and quack like a duck for long enough, people will eventually realize that you are, indeed, a duck.

PFAW

Policy Questions at the Supreme Court

At yesterday's oral arguments on Thompson v. North American Stainlessthe case of the fired fiancé – the Justices discussed whether Title VII allows Eric Thompson to sue his employer for firing him in retaliation for a discrimination complaint lodged by his fiancée. Everyone agrees that Title VII prohibits the company from firing her. The Justices of the Supreme Court are trying to figure out if that federal law also protects her fiancé.

The Washington Post reports:

But Justice Samuel A. Alito Jr. wondered if the betrothed were included, how far would the law extend.

"Does it include simply a good friend?" he asked. "Does it include somebody who just has lunch in the cafeteria every day with the person who engaged in the protected conduct? Somebody who once dated the person who engaged in the protected conduct?"

[The fired employee's attorney] said the person fired would have to prove the intent was to punish the person who complained. And then the person would have to show that the retaliatory action was serious enough to dissuade a reasonable person from filing a complaint.

Justice Antonin Scalia put himself in the role of employer, saying he would want a clear rule on who he "had to treat with kid gloves."

Note that Justices Alito and Scalia are not mechanically calling balls and strikes, as in the severely flawed umpire metaphor then-Judge John Roberts used at his confirmation hearings - and which conservatives have been using since to bamboozle the American public. In interpreting Title VII, they are taking policy considerations into account: How would their interpretation work? How could any line-drawing be justified? How could the needs of employers for clarity be met?

This is exactly what we expect judges to do.

Conservative supporters of Alito and Scalia who repeat the tired "balls and strikes" line simply cannot be taken seriously. They simply use it to mask their extremist, results-oriented viewpoint that no matter what the Constitution and statutes actually say, corporations and powerful special interests should win, while workers, women, gays, immigrants, and liberals should lose.

PFAW

Many Opportunities for Corporations at the Court This Term

Now seems as good a time as any to take a brief look at just how many cases are before the Supreme Court this term that threaten to take away people's right to hold giant corporations accountable. The Court is being asked to:

  • Empower retaliation against employees who file discrimination complaints;
  • Prohibit a class-action discrimination lawsuit against Wal-Mart on behalf of its 1.5 million women employees;
  • Bar states from using federal nuisance law to hold power companies accountable for the climate damage they are causing;
  • Make it harder for employees to hold their employers accountable for providing inaccurate summaries of major changes in their pensions plans;
  • Demolish class-action suits and cripple state consumer protection laws through corporate-imposed arbitration agreements;
  • Protect pharmaceutical corporations from lawsuits from those who are injured by unsafe child vaccines; and
  • Recognize "personal privacy rights" of corporations.

There are other cases, as well, and their number will increase as the Court continues to accept new cases. It makes one realize just how big an impact the Supreme Court has on all our lives.

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

Service chiefs testify, Levin closes, McCain persists, Brown declares

The Senate Armed Services Committee closed its two days of hearings on the Pentagon’s Don’t Ask, Don’t Tell report with the testimony of the chiefs of the various armed services. While there is some disagreement as to when and how, the general consensus was that repeal can and should be implemented. Even General James F. Amos, Commandant of the Marine Corps, who has expressed his opposition publicly on numerous occasions, “think[s] it will be repealed eventually. I just ask for the -- the opportunity to be able to do it with my forces when they're not singularly focused on combat.”

If the effective date really is the sticking point, that has already been addressed in the proposed legislation, which requires President Obama, Defense Secretary Robert Gates, and Joint Chiefs Chairman Admiral Mike Mullen to certify that repeal is consistent with military readiness, effectiveness, unit cohesion, and recruiting. Secretary Gates has made “absolutely” clear that he “will not certify until [he] feel[s] that the process can move forward without any damage to the safety and security of our men and women that are serving, number one, and that our battle effectiveness will not be jeopardized, number two.” Moreover, “before the certification is signed, everything has to be done to get ready. It's not something that I would start, that I would certify while it was still in process as it were.”

Senator Levin, Chairman of the Committee, was quick to point out that “you have to repeal before the implementation stage comes.” Implementation will take considerable thought and time, but there will be nothing to implement if Congress doesn’t first act on repeal.

Senator McCain is still insisting that he needs more time. He needs to talk to more people. And don’t forget his warning that “the problem with the defense authorization bill isn't confined to the "don't ask/don't tell" issue.” This is another case of putting the cart before the horse. You can’t implement repeal if there is no repeal. And you can’t fix the “problems” with the Defense bill, you can’t even discuss them, if the bill is not allowed to come to the floor. Senator Levin: “The place to address the kind of issues which Senator McCain raises is on the floor of the Senate. There are issues, of course, in any defense authorization bill that come[s] out of committee. And the only way those issues can be addressed is to debate them, resolve them in the Senate.”

Now the final push begins to bring up that Defense bill and ensure that repeal becomes law in 2010. Senator Scott Brown, a target of repeal supporters and opponents alike, removed one stumbling block today with the announcement of his position. Or did he?

I have been in the military for 31 years and counting, and have served as a subordinate and as an officer. As a legislator, I have spent a significant amount of time on military issues. During my time of service, I have visited our injured troops at Walter Reed and have attended funerals of our fallen heroes. When a soldier answers the call to serve, and risks life or limb, it has never mattered to me whether they are gay or straight. My only concern has been whether their service and sacrifice is with pride and honor.

I pledged to keep an open mind about the present policy on Don’t Ask Don’t Tell. Having reviewed the Pentagon report, having spoken to active and retired military service members, and having discussed the matter privately with Defense Secretary Gates and others, I accept the findings of the report and support repeal based on the Secretary’s recommendations that repeal will be implemented only when the battle effectiveness of the forces is assured and proper preparations have been completed.

Senator Brown’s support is welcome news. But important questions remain, as reported by Greg Sargent for the Washington Post (The Plum Line).

One important question: How does this square with Mitch McConnell's letter vowing that the entire GOP caucus would stand in unison against DADT repeal and everything else Dems want until the standoff over the Bush tax cuts and funding the government are resolved? If Brown confirms he will vote for cloture on the Defense Authorization Bill containing DADT repeal, irrespective of whether a deal is reached on the tax cuts, it makes McConnell's threat look pretty empty.

Keep an eye on the remaining moderates. More when I learn it.

UPDATE, 1:32 p.m.: One other quick point. It's one thing for Senator Brown to say he supports repeal in general. What needs to be established is whether Brown's vote for repealing DADT is contingent on Harry Reid jumping through a whole bunch of procedural hoops that some GOPers have demanded. More on that when I get it, but for now, this is clearly a positive step.

Whatever the answers may be, the fight is certainly not over. Click here to contact your Senators.

An archive of today’s webcast is available here.

PFAW

Desperate GOP Now Attacks DADT Report

With top leaders of the military and the majority of Americans all calling for the repeal of Don’t Ask Don’t Tell, the Right is desperately trying to find ways to maintain the ban on gays from serving openly.

After months of emphasizing the need to wait for the Pentagon’s comprehensive report on the impact of allowing gay and lesbian soldiers to serve openly in the armed forces, now conservative opponents of repealing Don’t Ask Don’t Tell (DADT) have dismissed the report altogether. The Right’s rejection of the Pentagon study is not surprising since the report found that repealing DADT won’t have negative consequences on military effectiveness or cohesion, and that the vast majority of soldiers do not oppose its repeal. According to the report, “69 percent of respondents believe they have already served alongside a gay person” and among “those who believed that, 92 percent said their units were able to work together and 8 percent said the units functioned poorly as a result.”

But the support for repealing DADT by military leaders, Secretary of Defense Robert Gates, and most Americans can’t overcome the doggedly anti-gay and anti-equality views of many conservative politicians and groups. Instead of considering and evaluating the clear and unequivocal conclusions of the Pentagon study, defenders of DADT decided to target the report itself: rather than studying and assessing the impact on military cohesion and effectiveness, many Republicans say, the report should have been a referendum on the policy.

John McCain, the Senate GOP’s point person on opposition to repealing DADT, essentially asked for an unprecedented referendum to see if the policy should be repealed or not:

“How best are you going to assess the effect on morale and battle effectiveness and retention unless you consult and find out what the view of the troops is?” McCain said in a brief interview on Monday.



"It is not part of the working group's mandate to ask service members the broad question of whether they think DADT should be repealed, which, in effect, would amount to a referendum," Gates said in an October letter to McCain. "I do not believe that military policy decisions ... should be made through a referendum of service members."

McCain went on to attack Gates as a “political appointee who’s never been in the military,” even though Gates is a veteran of the US Air Force and also served in the CIA.

McCain’s support for what would effectively be a referendum also contradicts his previous claim that military leaders should be the ones deciding the future of DADT, telling Chris Matthews: “the day that the leadership of the military comes to me and says ‘Senator we ought to change the policy,’ then I think we ought to consider seriously changing it because those leaders in the military are the ones we give the responsibility to.”

South Carolina Republican Lindsey Graham sent a similar message, saying that the troops should participate in a referendum on the policy decision:

Graham, who opposes repeal of the ban on gays in uniform, agreed with McCain that the survey “asked the wrong question” of the troops. “The question that needs to be asked of our military is: Do you support repeal? Not how do you repeal, how do you implement repeal,” Graham said.

The Family Research Council also rejected the report outright because it wasn’t a referendum on DADT in a statement:

“Media reports to the effect that a majority of servicemembers ‘would not have a problem’ with homosexuals in the military overlook the fact that the surveys did not ask whether respondents support repeal of the current law. If most servicemembers say that under a different policy, they would continue to attempt to do their job in a professional manner, that is only what we would expect. This does not mean that a new policy would not undermine the overall effectiveness of the force. And if even a small percentage of our armed forces would choose not to re-enlist, or part of the public would choose not to serve in the first place, the impact on the military would be catastrophic.”

Frank Gaffney of the right-wing Center for Security Policy also commented that asking service members’ opinions of serving with openly gay and lesbian members was not enough, and that they should have been polled on DADT itself:

The question occurs: How many of our servicemen and -women will decide they don't want to submit to a "zero-tolerance" enforcement of the new homosexual-friendly regulations that will be promulgated if the present statute proscribing LGBT service is repealed?

Don't expect an answer from the Pentagon "study" that will be released with much fanfare next week - after more than a fortnight of misleading leaks and pre-publication spin. After all, questions Congress expected to have answered about whether folks in uniform would support the law's repeal and, if it occurs, whether they would leave the military were not even asked. We can only infer the answers from questions that were asked, notably about how problematic implementation would be.

With little left to stand on, the Right’s new demand that the repeal of DADT be determined by a poll of the troops, rather than a decision by military and legislative leaders, only demonstrates the desperation of their attacks. Judging by their reaction to the comprehensive report, it is doubtful that they would even accept the results of a hypothetical and unprecedented poll of the troops if it doesn’t conform to their staunchly anti-gay beliefs.

PFAW

Will Republicans Stay True to Their Word on the DADT Report?

Opposition to the repeal of Don’t Ask Don’t Tell has ranged from subtle and outright homophobia to claims that the House, in passing repeal, was “dissing the troops.” Many Republican senators who voted to stop the repeal of Don’t Ask Don’t Tell from coming to a vote earlier this year said that they were uncomfortable with voting for or against repeal until the Pentagon completed its study of the policy.  The study, released today, finds that an overwhelming majority of both soldiers and their spouses had absolutely no problem with letting gay and lesbian soldiers serve openly. The report found that “69 percent — believed they had already worked with a gay man or woman, and of those the vast majority — 92 percent — reported that the unit’s ability to work together was very good, good or ‘neither good nor poor.’” The authors of the report, Jeh C. Johnson, the Pentagon’s chief counsel, and Gen. Carter F. Ham, the commander of the United States Army in Europe, even wrote that “we are both convinced that our military can do this, even during this time of war.”

Now that the Pentagon has conclusively found that unit cohesion and effectiveness won’t be jeopardized by a repeal of Don’t Ask Don’t Tell, it is important to remember the Republican senators who said Congress should wait for the report before an up or down vote on repealing DADT.

Mark Kirk (R-IL):

I think we should wait for the Joint Chiefs of Staff to report. This was actually the recommendation of Secretary Gates and the President, but Speaker Pelosi wanted to move forward anyway. The problem here is that when you remove the policy, you got to have a new policy….I’m going to read every word of that study.

Scott Brown (R-MA):

I am keeping an open mind, but I do not support moving ahead until I am able to finish my review, the Pentagon completes its study, and we can be assured that a new policy can be implemented without jeopardizing the mission of our military.

Olympia Snowe (R-ME):

Moreover, as I have previously stated, given that the law implementing the “Don’t Ask, Don’t Tell” policy has been in place for nearly 17 years, I agree that it is overdue for a thorough review. The question is, whether we should be voting on this issue before we have the benefit of the comprehensive review that President Obama’s Secretary of Defense ordered in March, to secure the input of our men and women in uniform during this time of war – as the Joint Chiefs of Staff from all of the services have requested prior to any vote. We should all have the opportunity to review that report which is to be completed on December 1, as we reevaluate this policy and the implementation of any new changes.

John Ensign (R-NV):

“It is my firm belief that Americans, regardless of their sexual orientation, should be able to fight and risk their lives in defense of this great nation. As a nation currently engaged in combat in Afghanistan and Iraq, the focus of all decisions affecting military readiness, recruiting and retention, and unit cohesion should be to maximize the success of ongoing operations.”

Ensign spokesperson Jennifer Cooper reiterated this point: "Senator Ensign is waiting on the report from the Pentagon and the testimony of the military chiefs to see if any changes to this policy can or should be done in a way so as not to harm the readiness or war fighting capabilities of our troops."

Roger Wicker (R-MS):

Congress should refrain from conducting any legislative action on ‘Don’t Ask, Don’t Tell’ until the Defense Department has concluded its comprehensive review of the policy.

Richard Burr (R-NC):

Don't Ask Don't Tell has worked. Now personally I don't see a reason to reverse it. But that's a personal opinion. I think the country should have a debate. And what we should do is we should wait until the Department of Defense has gotten back the survey of those individuals who serve. That survey's back in December. This is not too far off…. Now I'm not scared to have the debate, I welcome the debate, but I'm also very confident that we should time this in a way that makes as little impact on those troops that are deployed as we possibly can.

John Thune (R-SD):

I believe it is in the best interest of our military to allow the DOD to complete its review of the repeal of Don't Ask, Don't Tell, before Congress injects politics into the process.
PFAW

Where are the Women in the Federal Courts?

An ally just sent along this graph showing the progress of women in the federal judiciary over the past 10 years. What’s alarming about it is that, in terms of numbers, there has been very little progress at all:

President Obama’s judicial nominees have been the most diverse group in history. 44% of his nominees are women—twice as many as were nominated under George W. Bush. And 42% of his nominees are African American, Hispanic, or Asian American. But President Obama’s nominees, as diverse a group as they are, just aren’t making it to the courts. Instead, they’ve run into a concerted Republican effort to block every possible judicial nomination, no matter how uncontroversial. This filibuster campaign is not only creating personnel emergencies in courts across the country—it’s stopping qualified women and minorities from bringing a much-needed diversity of experience to the federal bench.

PFAW

Paycheck Fairness Act defeated, but we shouldn't be

There’s no denying the fact that it was frustrating to see the Paycheck Fairness Act defeated in a 58-41 vote – 2 votes shy of overcoming a procedural hurdle that has stopped the bill itself from coming to the floor.

Valerie Jarrett, Senior Advisor and Assistant to the President for Intergovernmental Affairs and Public Engagement, was herself frustrated.

Today, only Democratic senators voted to support Paycheck Fairness for women -- not a single Republican voted to allow the Senate to move forward. It is notable that the first vote after the election in which the American people sent a clear message that they want Washington to work better, the Republicans blocked a common sense measure aimed simply to help ensure that women get the pay they deserve.

But in the same post, it’s clear that neither she, nor President Obama, nor his Administration are ready to give up.

Despite today’s vote, the Administration will continue its fight for equal pay for women – an issue that in these trying economic times is even more pressing given American families’ reliance on women’s income. The National Equal Pay Enforcement Task Force, with representatives from the Department of Justice, Department of Labor, Equal Employment Opportunity Commission, and Office of Personnel Management, (“OPM”) continues its pursuit of pay equity for women. The agencies are strengthening their own enforcement efforts and working together, building regional partnerships to promote earlier and more effective collaboration on investigations. And with leadership from OPM, we will continue to improve the federal government’s role as a model employer.

This Administration will keep fighting to improve the economic security for women and their families. This includes working hard in this session and the next Congress we will keep fighting for things such as an extension of emergency unemployment insurance, the Earned Income Tax Credit, and other measures we have supported that must now be extended. The President is committed to working with the women who joined us today and people around the country to support women and their families.

I think the President himself said it best.

Click here for People For the American Way’s statement on the vote.

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 – the vote is imminent

The Senate is scheduled to take 2 votes today at 11 am. First up – 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.

You already have our letter and fact sheet, and the action alert from the American Association of University Women. Today I wanted to share with you some words from the White House.

This is the official Statement of Administration Policy.

The Administration strongly supports Senate passage of S. 3772, the Paycheck Fairness Act. The persistent gap between men’s and women’s wages demonstrates the need for legislative change. This bill would address this gap by enhancing enforcement of equal pay laws. Specifically, it would prohibit retaliation against employees who ask about or discuss wage information, and it would provide more effective remedies for women subjected to discriminatory pay practices. S. 3772 would strengthen the Equal Pay Act by closing judicially created loopholes in the law and bringing its class action rules into conformity with the Federal Rules of Civil Procedure. S. 3772 also requires the Equal Employment Opportunity Commission to collect pay data to better enforce laws prohibiting pay discrimination.

And here’s a blog post from Terrell McSweeny, Domestic Policy Advisor to the Vice President

The Importance of Equal Pay For Women

Posted by Terrell McSweeny on November 17, 2010 at 07:00 AM EST

Yesterday I picked up my Wall Street Journal and read an opinion piece “Washington’s Equal Pay Obsession” arguing that the Paycheck Fairness Act is unnecessary because, in a nutshell, women don’t face rampant pay discrimination. Instead, the author asserted, the wage gap exists because women are mothers.

So let’s break this down.

First, there is ample evidence that women – regardless of their parental status - do face pay discrimination.  Yes, part of the wage gap is a result of occupational choices and other factors. No one denies that. Most economists agree, however, that no matter how many variables you control for an unexplained wage gap between men and women persists. For example, Francine Blau and Lawrence Kahn did an excellent breakdown of the wage gap in 2007 and identified that 41% of the wage gap between men and women could not be explained by controlling for variables. Regardless of the precise percentage of the wage gap, we have a responsibility to ensure that no one in this country makes less as a result of his or her gender.

Wage discrimination is real.

Just ask Lilly Ledbetter.  She is a mother.  She didn’t seek a “less stressful work environment” than her male counter parts.  And she was paid roughly 30% less.   If she had been allowed to share information about her pay with her colleagues she would have realized she was being paid less than men with less experience.

But Lilly couldn’t bring that case.  She could have lost her job if she discussed her pay with her colleagues.  The Paycheck Fairness Act would provide that protection. The author is right there are a lot of laws aimed at this problem – but because they don’t provide basic tools like pay transparency, discrimination persists.

Where employees know how their pay compares to that of their peers they are better able to advocate for themselves and ensure discrimination does not occur. For example, the Institute for Women’s Policy Research recently conducted a survey that shows that only 14% of public sector workers feel that discussions of pay are discouraged or prohibited. In the federal government, the wage gap between men and women is only 11%. Conversely, in the private sector, the survey showed that 61% of employees are discouraged or prohibited from talking about salary information. The wage gap in the broader economy is much larger.  It’s common sense that in order to identify and prevent discrimination, employees have to know how their pay compares to that of their peers and that pay would be more equal where workplaces are more open.

Second, lots of women who are parents don’t take time off or seek flexible schedules.  This is particularly true in tough economic times when families increasingly rely on women’s income.  That’s one of reasons why, for the first time, women now make up nearly half of all workers on US payrolls.   In fact, now more than ever women are the primary breadwinners for their families.  As families depend more on women’s wages, eliminating wage discrimination is also critical for middle class economic security - families who are working hard can hardly afford to lose part of a paycheck to discrimination.

Motherhood should not be used as a scapegoat here. BLS reports that in 2009, 64% of women in the workforce were not parents at all. And many still are paid less than their male counter parts.   

Third, “career breaks” do not necessarily equate with loss of skill.  Taking a year or ten off to stay home with kids doesn’t necessarily mean a parent has lost skills.  

The Paycheck Fairness Act gives women more tools to get fair pay in the workplace. For example, the legislation allows employees to inquire about wages or share salary information without fear of reprisals. The Act closes loopholes that make it harder for women to challenge being paid different wages for the same work, and it ensures that women who prove their case are compensated fairly.

Women deserve these protections.

Terrell McSweeny is Domestic Policy Advisor to the Vice President

We’ll continue urging the Senate to pass the Paycheck Fairness Act, but your Senators also need to hear from you. Take a few minutes now to dial 877-667-6650.

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 – 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

Paycheck Fairness Act alert – mark your calendars

The Senate is scheduled to take its first votes of the lame duck session on Wednesday, November 17. 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.

So that you’re prepared for next week, we have updated our fact sheet on the bill. Here’s a sample of our talking points.

The Paycheck Fairness Act 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 the Paycheck Fairness Act 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.

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 Tuesday, November 16 – 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

Big Victories for Young Progressives

This year People For the American Way Action Fund endorsed over eighty candidates of the age 35 or younger who were running for public office. Many of the candidates were already elected officials, while others were running for office for the very first time. The PFAW Action Fund helped provide young progressives with the resources to spread and bolster their messages of equality, justice, and good-government, and put them in the leadership pipeline to strengthen the progressive movement.

Of the candidates we endorsed for the general election, seventy-two of the eighty-six endorsed candidates won their races! Highlights from Tuesday include:

  • Kyrsten Sinema of Arizona, a solidly progressive State Representative and one of Time magazine’s 40 under 40, was elected to the State Senate.
  • Elena Parent of Georgia upset a conservative incumbent to secure a seat in the State House.
  • Ariana Kelly, a women’s-rights activist from Maryland, was elected to the House of Delegates.
  • Angie Buhl, a YP4 Fellow and Front Line Leaders Academy graduate, won a seat in the South Dakota State Senate.
  • We are also still waiting to hear the final results of Montana State Rep. Kendall Van Dyk, who is currently slightly ahead of his right-wing opponent in a competitive race for the State Senate.

Congratulations to all of the young candidates, and we hope you can support the efforts of the PFAW Action Fund to ensure a progressive future.

PFAW