Equality For All

PFAW Mourns Julian Bond, Civil Rights Icon and Longtime Board Member

Julian Bond, a towering figure of the civil rights movement and a longtime board member of People For the American Way, has passed away at the age of 75.

EEOC Says Anti-Gay Discrimination Is Illegal Sex Discrimination

EEOC: Sexual orientation discrimination is sex discrimination because it means treating an employee less favorably because of their sex.
PFAW Foundation

A Historic Day for Liberty, Equality, and America

Today's victory for marriage equality is a profoundly American story.
PFAW Foundation

PFAW Activists Join Hundreds of Thousands in Effort to Kick Big Polluters Out of Climate Talks

This month, our friends at Corporate Accountability International delivered 232,000 petition signatures to the UN Framework Convention on Climate Change in Bonn, Germany demanding that the planet’s biggest polluters be kept out of the climate treaty conversation. Among the signatures calling on the United Nations to keep corporate polluters from influencing climate policy were tens of thousands from PFAW members.

Photo via CAI

For more, check out this post on Daily Kos-- another partner in this action -- by one of the leaders at Corporate Accountability International.

PFAW Foundation

PFAW Telebriefing Explores Ferguson, Baltimore and the Fight for Racial Justice

As police violence plagues cities across the nation, communities are actively responding with initiatives to mitigate violence and work toward justice. Elected officials, faith leaders and community activists have come together to strengthen their communities in places such as Ferguson and Baltimore. As Pastor Barry Hargrove, president of the Progressive Baptist Convention of Maryland and an active minister in our African American Religious Affairs Program, explained, “There are lots of things happening behind the scenes, happening on the ground, that are not being reported.”

On Tuesday, PFAW hosted a telebriefing for members about the Black Lives Matter movement. PFAW Communications Director Drew Courtney moderated a dialogue among Hargrove, Missouri State Senator and member of affiliate PFAW Foundation’s Young Elected Officials Network Maria Chappelle-Nadal, PFAWF Director of Youth Leadership and Tallahassee Mayor Andrew Gillum, and PFAWF Director of African American Religious Affairs Leslie Watson Malachi.

In the telebriefing, these leaders answered questions about Baltimore and Ferguson and discussed progressive measures taking place in their own communities. In both Baltimore and Ferguson, local leaders have turned toward broad and responsive solutions – such as community policing, social justice education curricula, and prayer rallies – to address targeted violence against minorities.

Despite these steps, Chappelle-Nadal noted that there are still “a significant number of issues that have not been addressed by the legislature.” Chappelle-Nadal, as well as Hargrove, Gillum, and Malachi, encouraged participants to continue advocating for local policies that can help to provoke a systemic change in police practices and empower communities.

Call participants posed many productive questions, including a member who asked what steps could be taken to address tension between the police and communities. Hargrove suggested working within “spheres of influence,” whether it be faith-based organizations or public policy proposals. He also encouraged dialogues between police and community members; Chappelle-Nadal echoed this sentiment by urging citizens to build connections based on commonalities rather than differences.

Listen to the full briefing here:


Rebuffed by Republican Legislators, Bobby Jindal Issues Executive Order on 'Religious Liberty'

In a Republican presidential field crowded with far-right candidates, Louisiana Gov. Bobby Jindal is trying to distinguish himself as the far-rightest candidate, especially on issues relating to marriage equality and its supposed threat to the religious freedom of conservative Christians.

Jindal’s latest came at the end of the day on Tuesday. Unwilling to accept the legislature’s failure to pass a so-called “religious liberty” bill (it was voted down 10-2 in a House committee), Jindal issued an executive order designed to protect any person who “acts in accordance with a religious belief that marriage is between one man and one woman.” The order explicitly defines “person” to include for-profit corporations and well as nonprofit organizations.

Jindal has adopted the rhetorical strategy promoted by the National Organization for Marriage and other opponents of LGTB equality: try to turn conversation about anti-gay discrimination “on its head” by declaring that laws protecting gay people are actually a form of discrimination against Christians. His statement about the executive order said it was designed to “prevent the state from discriminating against persons or entities with deeply held religious beliefs that marriage is between one man and one woman.”

Jindal’s order invokes the Supreme Court’s decision in Hobby Lobby, making it the latest sign that the decision – which granted corporations a right to claim legal exemptions based on the religious beliefs of company owners -- poses a threat to nondiscrimination measures and potentially a wide range of laws protecting the interests of workers. Jindal declared that his order is “not about discrimination,” even though its clear intent is to give legal cover to companies, government officials, and others who discriminate against same-sex couples.

Louisiana does not currently give legal recognition to same-sex couples, but Jindal is concerned that the state’s ban on marriage equality may soon be struck down by the Supreme Court, a potential ruling which his order seems to be a legally questionable effort to pre-empt. Jindal should be asked to clarify exactly what actions his legislation is designed to “protect”: a courthouse clerk who refuses to process marriage license paperwork? Religious schools getting tax dollars under Jindal’s education policy refusing to accept children of gay parents? Catholic hospitals refusing to recognize the spousal or parental rights of gay couples during medical emergencies?   

Jindal’s “religious liberty” bill had been opposed by business and tourism leaders as well as civil rights groups. The New Orleans Times Picayune reports that the New Orleans Convention and Visitors Bureau CEO Stephen Perry had called the bill “a radioactive, poisonous message.”

But Jindal’s primary audience is no longer his Louisiana constituents; it's right-wing activists nationwide. Jindal boasted about the executive order by stopping by the radio program hosted by Family Research Council President Tony Perkins, an anti-gay activist who once suggested that LGBT non-discrimination measures would lead to the Holocaust perpetrated against Christians.

Right-wing pundit and Iowa GOP activist Steve Deace reacted rapturously, proclaiming Jindal his “winner of the week” for standing up to “Republicrats.”

Jindal immediately stepped in and ordered that while he’s governor the state government is not going to be a tool of the Cultural Marxists’ Rainbow Jihad against religion — particularly Christianity….

This action by Jindal is an example of what will be required of the next president if he’s going to truly honor his oath of office to defend our Constitution against all enemies — “both foreign and domestic.”

Let’s face it, the vast majority of alleged conservatives won’t stand up to the Democrats. And almost none of them will stand up to the Republicrats. On perhaps the most important issue of them all — the First Amendment that allows us the freedom to peacefully and publicly stand on principle for everything else — Jindal has done both.

But he didn’t just stand up to them rhetorically, he actually did something about it. There are several potentially exciting presidential candidates this cycle. There’s even a couple that like Jindal have shown they will tell the Republicrats bleeding us dry to stick it where the sun doesn’t shine.


Are Conservative Justices Suggesting that Oppression Justifies More Oppression?

Historical discrimination against gays and lesbians warrants heightened scrutiny under Equal Protection, not continued discrimination.
PFAW Foundation

In Marriage Arguments, Scalia Overlooks the People's Role in Adopting Equal Protection

Scalia says judicial interpretations of Equal Protection bypass the people, but it was the people who chose to constrain themselves with Equal Protection.
PFAW Foundation

Justice Ginsburg Tackles Idea that Marriage Definition Has Existed for Millennia

Marriage as it existed for much of our nation's history violates the 14th Amendment, as does today's exclusion of same-sex couples from the institution.
PFAW Foundation

Arkansas Governor Does Only a Partial Retreat on RFRA

Gov. Hutchinson's call for a RFRA bill paralleling the federal one still leaves the door open to discrimination, thanks to the Hobby Lobby ruling.

Gov. Pence's Claims Ignore Indiana "Religious Freedom" Law's History

Indiana's Mike Pence is less than convincing in his claims about that state's new RFRA law.

Hobby Lobby Comes Home to Roost as States Consider "Religious Freedom" Legislation

This op-ed was originally published at The Huffington Post.

Over the last twenty years, 19 states have passed laws modeled on the federal Religious Freedom Restoration Act (RFRA), which was enacted in 1993 with broad bipartisan support. But just this year, almost the same number, 15, have seen such bills introduced, generating enormous controversy across the country, particularly in Indiana where Gov. Mike Pence signed the new state RFRA into law.

Why the huge uptick now? As one of those involved in the original drafting and passage of RFRA in 1993, I think it's a combination of the perceived dangers to the far right from the move towards LGBT marriage equality and the perceived opportunity created just last year by the 5-4 Supreme Court's rewriting of RFRA in Burwell v. Hobby Lobby.

Even before the Supreme Court agreed to decide the marriage equality issue, the far right has highlighted the supposed dangers to small businesses like bakers and florists who do not want to serve LGBT couples because of religious objections. Under RFRA as passed in 1993, and under the protection from the First Amendment's Free Exercise doctrine that it was meant to restore, RFRA wouldn't have offered much help. First, neither had been applied to non-religious corporations, which had never been thought to have religious freedom rights. Second, it would have been very hard to argue that a neutral law banning discrimination against LGBT people would have created a "substantial burden" on actual religious exercise, which is required to qualify for a RFRA-type exemption. For example, in one case the Supreme Court rejected the claim that requiring federal welfare recipients to submit social security numbers was such a burden even when it conflicted with an applicant's religious beliefs. And even if such a burden were created by obeying an anti-discrimination or other general law, pre-Hobby Lobby law would not have helped a religious claimant: as the Court ruled in rejecting a religious exemption to a requirement that a religious farmer withhold social security taxes, such an exemption would improperly "operate to impose the employer's religious faith on the employees" and others.

But then came Hobby Lobby.

In that case, writing for a bare majority of the Court, Justice Alito ruled that religious objections by a corporation's owners exempted them under RFRA from providing contraceptive coverage through insurance to employees under the Affordable Care Act. As Justice Ginsburg explained in dissent, rather than interpreting RFRA to restore prior case law, the majority interpreted it as going beyond prior Court decisions to maximize benefits to religious claimants. In particular, she explained, the Court effectively re-wrote RFRA so that it could be invoked by for-profit corporations, and so that the original law protecting individuals against a "substantial burden" on the exercise of religion was transformed to allow claims by a business owner that complying with a neutral law offended their religious beliefs in some way. Under the majority's view, Justice Ginsburg suggested, RFRA could be interpreted to "require exemptions" in cases where religious beliefs were used to justify actions that discriminated on the basis of race, gender, and sexual orientation. Pointedly, Justice Alito responded only that "prohibitions on racial discrimination" would be safe from a RFRA exemption claim, but said nothing about gender or LGBT status.

So for far-right activists and legislators concerned about LGBT marriage equality and other rights, Hobby Lobby provided the perfect opportunity: pass state RFRA laws and effectively grant a religious exemption claim from LGBT anti-discrimination laws and local ordinances, based on the Court's re-writing of RFRA's language. Indeed, in communicating with supporters about the Indiana RFRA law, the far-right Family Research Council specifically called it the "Hobby Lobby bill."

Even better, rhetoric directed at outsiders could be cloaked in general language about protecting religious freedom, not attacking LGBT rights. Supporters could even invoke Democratic supporters of RFRA like President Clinton and claim that neither RFRA nor its state counterparts had been interpreted to allow discrimination, as Indiana Gov. Pence has tried to do. These claims ignore the fact that it wasn't until last year that the Supreme Court effectively rewrote the language in RFRA so that it was transformed from a shield for religious liberty into a sword against anti-discrimination protections. And previous supporters like President Clinton have made clear their opposition to this year's state RFRA proposals.

Under pressure, the neutral façade of recent state RFRA proposals has crumbled. When pushed to amend a state RFRA proposal in Georgia to make clear that it could not be used against anti-discrimination ordinances, a Georgia legislator admitted that one of the reasons for the bill was to allow it to be invoked by the small business owner who had religious objections to providing services to an LGBT couple. And when an amendment was added in the Georgia House Judiciary Committee to state that the RFRA bill was not to be used against discrimination laws, the bill was promptly tabled on March 26, with a supporter stating that the amendment would "gut" the bill.

As of now, the fate of RFRA bills in Georgia and elsewhere is uncertain and Gov. Pence has asked the legislature for an amendment to "clarify" that Indiana's RFRA law cannot be used to deny services to anyone. That would be a welcome step - one that flies in the face of the clear intent of some of the bill's backers, which was clearly to enshrine such a "right" for Indiana businesses. Language has been adopted elsewhere to make clear that state RFRAs cannot be used against anti-discrimination bills; such a provision is currently in Texas' RFRA, although there is a proposal to remove it. Before Hobby Lobby, such language might not have been necessary. After Hobby Lobby, it is crucial.


Alabama's Shame Grows with Bill to Make It Harder for Gays to Marry

No one should be fooled for a moment that this has anything to do with religious liberty.

Discrimination Masked as Religious Freedom? Not in My Name.

This op-ed by Rev. Timothy McDonald III, co-chair of People For the American Way's African American Ministers in Action, was originally published at The Huffington Post.

Last week, a bill disguised as a "religious liberty" measure that would give a green light to discrimination was passed by the Georgia Senate and will now go to the House.

As a Baptist pastor, I feel called to weigh in on a proposal that is supposedly designed to protect religious rights in my state. I fully support every person's constitutionally-protected right of the free exercise of religion. The right to pray to whatever God you believe in and freely practice your religion is a fundamental one, and one that must be protected.

But I do not support this bill, which is not a true effort to protect First Amendment rights. And the fact that supporters in the state Senate quickly and unexpectedly brought it up in committee when no Democrats were present makes me wonder if even proponents aren't so sure of its merit.

The proposed bill is modeled on a national religious freedom bill that passed in 1993, and supporters claim that it would shield people of all religions from government intrusion. In reality, this is a bill that threatens to allow businesses and individuals to simply flout the laws they don't like. It threatens to turn "religious liberty" law from a shield to guard individual liberties into a sword to bring harm to others.

For example, what happens if medical workers, citing religious beliefs, decide that they won't treat gay or transgender people? If business owners decide that they won't serve Muslims or interracial couples? If landlords decide they won't rent to single women? Beyond anti-discrimination protections, what happens if individuals or business owners claim they are exempt from any number of laws they disagree with? What happens, for example, if employers decide that paying their workers a minimum wage goes against their religious beliefs? Do we want to live in a society where your legal rights depend on the religious beliefs of others in the community?

Basic rights and equality should never yield to discrimination.

Other religious leaders here in Georgia aren't fooled, either. Working with a group of more than 160 clergy across the state, we have been asking our elected officials to abandon this misguided project, urging them not to pass any so-called "religious freedom" legislation that could lead to widespread discrimination. Handing people the "right" to use the mantle of religious liberty to harm others? Not in our name.

It's clear that rather than fixing a problem, as good public policy should, this bill would create problems, and often for those most vulnerable among us.

Even former state attorney general Michael Bowers, who once fought in favor of anti-gay "sodomy" laws, has called the bill "nothing but an excuse to discriminate," saying it is "ill-conceived, unnecessary, mean-spirited, and deserving of a swift death in the General Assembly."

I agree. My faith tells me that I should stand up for the marginalized. That I should speak out against proposals that could deny basic rights to others -- especially when it's being done in the name of religion.


YP4 Leads Trainings at “Take Root” Reproductive Justice Conference in Oklahoma

Last week, Young People For (YP4) Director Joy Lawson, YP4 Fellowship Associate Vidushani Jayalal, and current YP4 Fellow Alyssah Roth of El Paso, TX, served as trainers during the pre-conference of the fifth annual “Take Root” reproductive justice conference in Norman, OK.

“Take Root” focuses on sharing the unique perspectives, experiences, and lessons learned from organizing around reproductive justice in conservative states. This year, YP4 developed and led the pre-conference to engage “Take Root” participants on guiding principles for social justice organizing. Participants took part in workshops and conversations on values-centered organizing, navigating ideologies in the reproductive justice movement, and more.








Additionally, several YP4 Fellows and alumni participated in the conference and led workshops and panels related to building access to the reproductive justice movement in under-resourced areas.  After the workshops, many of the participants reflected that the trainings gave them “a vision of what they wanted to accomplish and what the process might look like.”

YP4 is a year-long leadership development program that helps a diverse set of young leaders turn their ideals into actions and create lasting change on their campuses and in their communities. YP4 develops Fellows’ leadership capacity and strategic thinking through a capstone project — the Blueprint for Social Justice — and offers opportunities to connect with others creating change across the country.


PFAW Foundation

Ellen DeGeneres Reveals Her True 'Gay Agenda' In Response To Right-Wing Columnist

Last week, People For the American Way’s Right Wing Watch reported on a Christian Post column by right-wing commentator Larry Tomczak in which he warned that Hollywood is “promoting homosexuality” by “targeting innocent and impressionable children.” In particular, Tomczak attacked Ellen DeGeneres, whom he wrote “celebrates her lesbianism and ‘marriage’ in between appearances of guests like Taylor Swift to attract young girls.”

The column caught the attention of none other than Ellen herself, who responded to Tomczak on her show this week.

She told Tomczak: “First of all, I’m not ‘married.’ I’m married. That’s all,” adding “I don’t even know what it means to ‘celebrate my lesbianism.’”

She then revealed her true “gay agenda”:


No Justice for Anyone Until All Lives are Valued

This weekend, thousands of Americans from all walks of life took to the streets to protest the unaccountable deaths of unarmed African American men at the hands of police officers.
The multiethnic, multi-racial, multi-generation, LGBT and straight crowds filling streets in major cities were reminiscent of demonstrations that we have seen so many times before: marches for civil rights, women’s rights, gay rights, workers’ rights.Those marching this weekend recognized that after so many struggles and so many victories, we are still struggling to build a society that treats every human being with dignity under the law.

Something is wrong in America when people of color — particularly African American men and boys — do not feel safe in their own communities. Something is wrong when that sense of unease comes from the very systems we all have been taught to respect, honor, and count on for trust and protection.

This journey has never been easy, and has never moved forward without fearless social movements. Even after the passage of the Emancipation Proclamation and the 13th, 14th and 15th amendments to the U.S. Constitution, our laws encoded racial segregation for decades and enabled an explicit system of control over Black lives. Even then, African Americans were subjected to the Tuskegee experiment, witnessed the assassination of Dr. Martin Luther King, Jr., mourned the 1985 police shooting of 66-year-old Eleanor Bumpurs. In our history, just as in our present reality, African Americans have faced a dramatically different justice system from the one that white Americans experience.

Tamir Rice, a 12-year-old boy with a toy gun, is shot dead in a park because he is seen as a threat. A father, Eric Garner, allegedly selling cigarettes on a streetcorner dies at the hands of a police officer, and the case never goes to trial. Death without trial is seen as an appropriate punishment for Michael Brown, a teenager who may have stolen a box of cigars. These cannot be trivialized as flukes, or as isolated acts. They are the products of a justice system that still does not value or see all Americans equally.

Those who are involved in any struggle — for the recognition of the humanity of people of color, of immigrants, of women, of LGBT people — must recognize that when a justice system puts one group at risk for rights denied, every group is at risk. No struggle for civil rights will be complete until this injustice is rectified and yes, it can be rectified. But it will require getting to the root causes of racial injustice to forge a democracy that truly represents all of us and build a justice system that protects all Americans.

This past weekend demonstrators, in a unified voice, demanded stronger laws against racial profiling, special prosecutors in cases of police misconduct, and the demilitarizing of police forces. These are reasonable, doable demands. But the solutions must also also go beyond the criminal justice system.

Those of us fighting any civil rights fight must open our eyes and keep them open to the truth that all men are not treated equally in America. Because of this, the voices of four mothers who have lost their sons – Trayvon, Jordan, Michael and Eric – have become a call, a movement for justice like nothing seen in the past decade. There can be no justice for any of us until we consider all lives fully human, fully worth living.

PFAW Foundation