Today’s announcement marks a proud day for our country and for the President. For those of us who have been working towards marriage equality for many years, the impact of having the support of the President of the United States is incredibly powerful. As President Obama made clear in his comments today, marriage equality for all people is an idea whose time has come. Despite setbacks like the results from North Carolina last night, it’s more obvious than ever that the momentum is on our side.
In recent years, more and more Americans have come to understand that preventing loving same-sex couples from getting married causes real harm to the people they care about. In families and communities across the country, Americans are coming to the same conclusion as the President: when two people make a public commitment to love and care for each other, that’s a marriage no matter what the gender of the people involved.
Today the President did the right thing. For thousands of supporters who donated, canvassed and phone banked to help elect Barack Obama in 2008, this is a powerful reminder of why we felt so passionately about this President in the first place.
Now, we must redouble our efforts to knock down one of the biggest barriers to full legal equality nationwide: the discriminatory Defense of Marriage Act (DOMA).
With your continued dedication to core American values like Equality, and your support of our work expand the promise of our country and our Constitution to all families, together, we’ll Dump DOMA and achieve basic fairness for all: the American Way.
Today, President Obama at last acknowledged that he personally supports the right to marry for gay and lesbian Americans. Although the president maintains his position that marriage laws should be decided on a state-by-state basis, his personal statement provides a huge boost to the marriage equality movement. At a time when over half of Americans want full marriage rights for gays and lesbians, the endorsement of a sitting president is a meaningful signal of progress.
Sixteen years ago, in May 1996, People For the American Way became one of the first national groups to endorse marriage equality and vow to work toward it. In a note to members of the organization’s board, which was to vote on the issue, PFAW’s staff wrote that the Right had started to use the “marriage issue” to “polarize Americans” – a strategy that had its first major victory in the passage of DOMA later that year.
Despite all the progress that has been made for LGBT equality in the past sixteen years, the 1996 memo could have been written yesterday:
In recent years, People For the American Way has come to be a very important voice in the ongoing effort to rid America of discrimination and prejudice against gay men and lesbians.
We have done that over the years for the simple reason that it’s the right thing to do. Opposing discrimination and fostering respect and appreciation for diversity are core values for People For the American Way. These are precisely the values under attack in this latest campaign.
Of course, the marriage issue has very real implications for the everyday lives of millions of Americans. In the area of health care for example, existing marriage laws allow a spouse to make critical decisions for an incapacitated spouse; not so for unmarried couples wou haven’t gone through the necessary legal steps. In many hospitals, the right to visit patients in an intensive care unit is limited to immediate family; gay and lesbian partners – lacking the legal status of family – are often excluded, to the great detriment of both partners. In addition, enormous economic consequences flow from the inability of gay men and lesbians to marry, including significant tax and inheritance benefits.
The lack of legal recognition of gay and lesbian families is of particular concern when children are involved, since the children are deprived of the protection of a legal relationship with the non-biological parent and the ability of that parent to make important decisions for them in any number of settings, including schools and hospitals. And if the biological parent dies, the children may well be taken away from their other parent, who has no legal relationship with them.
Sixteen years later, marriage discrimination continues to hurt gay and lesbian American and their families. That a sitting president has publicly acknowledged the impact of that discrimination is very powerful. We hope that soon the injustice we outlined in 1996 will be hopelessly out of date.
As North Carolinians go to the polls today to cast their ballot on an anti-gay constitutional amendment which would write discrimination into the state’s constitution and potentially harm all unmarried couples regardless of orientation, The Guardian put together an interactive feature summarizing the state of LGBT equality across America.
The infographic examines each state’s laws pertaining to LGBT persons’ right to marry, visit loved ones in the hospital or adopt a child, as well as protections from hate crimes and from discrimination in employment, housing and schools. While progress has been made, there is much work to be done.
Regardless of today’s vote, North Carolina will not be adding a dark red section to the outer ring, since state law already prohibits same-sex marriage. The proposed amendment simply inscribes discrimination into the state constitution.
Unfortunately, not all Americans have access to the all the protections and responsibilities that only marriage can provide, and this map demonstrates striking differences from state to state and region to region. That’s why we need the federal Respect for Marriage Act more than ever – to ensure that all Americans, straight and gay, are treated equally under the law.
North Carolina voters today are casting their ballots on Amendment One, an extreme measure that would write discrimination into the state’s consitution and potentially take away important protections for all unmarried couples, gay and straight.
The amendment states that “marriage between one man and one woman is the only domestic union that shall be valid or recognized” in North Carolina. It would not only deal another blow to gay and lesbian couples in the state, who are already prohibited by law from marrying, but endangers protections for all unmarried couples, including domestic violence protections and health insurance coverage.
The Coalition to Protect North Carolina Families is running a handful of powerful ads showing Amendment One’s potential devastating impact. Here are a couple:
President Bill Clinton also recorded a robocall on behalf of the anti-Amendment One campaign. You can listen to it here.
North Carolina voters can find your polling place here.
Mitt Romney is eager these days to change the subject from what the public sees as his party's "war on women." He seeks to close the huge gender gap that has opened up as women flee the party of Rick Santorum, Newt Gingrich and Rush Limbaugh in search of something a little less patriarchal and misogynistic.
But Romney's problems with America's women may be just beginning. He can distance himself from the theocratic musings of other Republicans and the macho bullying of Fox News talking heads, but he cannot run away from his own selection of former Judge Robert Bork, in August of last year, to become his principal advisor on the Supreme Court and the Constitution.
Bork hopes to wipe out not only the constitutional right to privacy, especially the right to contraception and to abortion, but decades of Equal Protection decisions handed down by what he calls a feminized Supreme Court deploying "sterile feminist logic" to guarantee equal treatment and inclusion of women. Bork is no casual chauvinist but rather a sworn enemy of feminism, a political force that he considers "totalitarian" and in which, he has concluded, "the extremists are the movement."
Romney may never have to elaborate his bizarrely muted reaction to Rush Limbaugh calling Sandra Fluke a "slut" and a "prostitute" ("it's not the language I would have used"), but he will definitely have to answer whether he agrees with his hand-picked constitutional advisor that feminism is "totalitarian"; that the Supreme Court, with two women Justices, had become "feminized" at the time of U.S. v. Virginia (1996) and produced a "feminization of the military"; and that gender-based discrimination by government should no longer trigger heightened scrutiny under the Equal Protection Clause.
Romney has already said that, "The key thing the president is going to do... it's going to be appointing Supreme Court and Justices throughout the judicial system." He has also said that he wishes Robert Bork "were already on the Court."
So look what Robert Bork thinks Romney's Supreme Court Justices should do about the rights of women.
Wiping Out Contraceptive, Abortion and Privacy Rights
Romney certainly hoped to leave behind the surprising controversy in the Republican primaries over access to contraception, but Robert Bork's extremist views on the subject guarantee that it stays hot. Bork rejects the line of decisions, beginning with Griswold v. Connecticut (1965), affirming the right of Americans to privacy in their procreative and reproductive choices. He denounces the Supreme Court's protection of both married couples' and individuals' right to contraception in Griswold and Eisenstaedt v. Baird (1972), declaring that such a right to privacy in matters of procreation was created "out of thin air." He calls the Ninth Amendment -- which states that the "enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people" -- an "inkblot" without meaning. For him, the right of people to decide about birth control has nothing to do with Due Process liberty or other rights "retained by the people" -- it is the illegitimate expression of "radical individualism" on the Supreme Court.
Bork detests Roe v. Wade (1973), a decision he says has "no constitutional foundation" and is based on "no constitutional reasoning." He would overturn it and empower states to prosecute women and doctors who violate criminal abortion laws. Bork promises:
Attempts to overturn Roe will continue as long as the Court adheres to it. And, just so long as the decision remains, the Court will be perceived, correctly, as political and will continue to be the target of demonstrations, marches, television advertisements, mass mailings, and the like. Roe, as the greatest example and symbol of the judicial usurpation of democratic prerogatives in this century, should be overturned. The Court's integrity requires that.
In other words, the Court's "integrity" would require a President Romney to impose an anti-Roe v. Wade litmus test on all nominations to the Court.
Ending Heightened Scrutiny of Government Sex Discrimination under Equal Protection
Bork is the leading voice in America assailing the Supreme Court for using "heightened" Equal Protection scrutiny to examine government sex discrimination under the Fourteenth Amendment. While women and men all over America cheered the Supreme Court's 7-1 decision in United States v. Virginia (1996), the decision that forced the Virginia Military Institute to stop discriminating and to admit its first women cadets, Bork attacked it for producing the "feminization of the military," which for him is a standard and cutting insult --"feminization" is always akin to degradation and dilution of standards. He writes: "Radical feminism, an increasingly powerful force across the full range of American institutions, overrode the Constitution in United States v. Virginia." Of course, in his view, this decision was no aberration: "VMI is only one example of a feminized Court transforming the Constitution," he wrote. Naturally, a "feminized Court" creates a "feminized military."
Bork argues that, outside of standard "rational basis" review, "the equal protection clause should be restricted to race and ethnicity because to go further would plunge the courts into making law without guidance from anything the ratifiers understood themselves to be doing." This rejection of gender as a protected form of classification ignores the fact that that the Fourteenth Amendment gives "equal protection" to all "persons." But, if Bork and his acolytes have their way, decades of Supreme Court decisions striking down gender-discriminatory laws under the Equal Protection Clause will be thrown into doubt as the Court comes to examine sex discrimination under the "rational basis" test, the most relaxed kind of scrutiny. Instead of asking whether government sex discrimination "substantially" advances an "important" government interest, the Court will ask simply whether it is "conceivably related" to some "rational purpose." Remarkably, Mitt Romney's key constitutional advisor wants to turn back the clock on Equal Protection jurisprudence by watering down the standards for reviewing sex-discriminatory laws.
Judge Bork Means Business: the Case of the Sterilized Women Employees
If you don't think Bork means all this, go back and look at his bleak record as a Judge on the U.S. Court of Appeals for the D.C. Circuit. Take just one Bork opinion that became a crucial point of discussion in the hearings over his failed 1987 Supreme Court nomination. In a 1984 case called Oil, Chemical and Atomic Workers International Union v. American Cyanamid Co., Bork found that the Occupational Safety and Health Act did not protect women at work in a manufacturing plant from a company policy that forced them to be sterilized -- or else lose their jobs -- because of high levels of lead in the air. The Secretary of Labor had decided that the Act's requirement that employers must provide workers "employment and a place of employment which are free from recognized hazards" meant that American Cynamid had to "fix the workplace" through industrial clean-up rather than "fix the employees" by sterilizing or removing all women workers of child-bearing age. But Bork strongly disagreed. He wrote an opinion for his colleagues apparently endorsing the view that other clean-up measures were not necessary or possible and that the sterilization policy was, in any event, a "realistic and clearly lawful" way to prevent harm to the women's fetuses. Because the company's "fetus protection policy" took place by virtue of sterilization in a hospital -- outside of the physical workplace -- the plain terms of the Act simply did not apply, according to Bork. Thus, as Public Citizen put it, "an employer may require its female workers to be sterilized in order to reduce employer liability for harm to the potential children."
Decisions like this are part of Bork's dark Social Darwinist view of America in which big corporations are always right and the law should rarely ever be interpreted to protect the rights of employees, especially women, in the workplace.
No matter how vigorously Mitt Romney shakes his Etch-a-Sketch, Americans already have an indelible picture of what a Romney-run presidency and Bork-run judiciary would look like and what it would mean for women. With Robert Bork calling the shots on the courts, a vote for Mitt Romney is plainly a vote against women's rights, women's equality and women's freedom.
Jamin Raskin is the author of the new PFAW Report, "Borking America: What Robert Bork Will Mean for the Supreme Court and American Justice."
By Dolores Huerta
I am a proud Latina and a proud supporter of LGBT rights.
The National Organization for Marriage seems to think I can’t be both.
In a 2009 strategy document that was made public last month, NOM outlines a “wedge” strategy to drive black and Latino Americans away from supporting gay rights. About Latinos, NOM writes, “Will the process of assimilation to the dominant Anglo culture lead Hispanics to abandon traditional family values? We can interrupt this process of assimilation by making support for marriage a key badge of Latino identity.”
There are many great values that can be put forward as “key badges of Latino identity.” Opposition to gay rights should not be one of them. In fact, if NOM wants to keep Latinos from embracing LGBT equality, they’re already falling behind. A poll late last year found that a majority of Latinos – like a majority of all Americans – support legal recognition of same-sex unions. Opposition to LGBT rights is no more a hallmark of Latino culture than it is of American culture as a whole.
This is the deep cynicism of NOM and other groups that devote themselves to stopping equality for gay and lesbian Americans. They will attempt to exploit and inflame existing prejudices and fears in order to reach the ends they desire. They forget that the people they attempt to exploit have our own thoughts, opinions and experiences. We have our own relationships with God. We have gay, lesbian, bisexual and transgender friends and family members. And we know when we’re being used. Nom should learn what Latinos live by, the words of the great Mexican President Benito Juarez, “Respecting the rights of others is Peace.”
NOM’s attempt to stir up mutual resentment between African Americans, Latinos and the gay community echoes some of the most destructive politics of our past. That they are resorting to this kind of dangerous and divisive tactic shows just how desperate the anti-gay movement has become.
NOM’s mistake is to think that our cultural identity is a definition of who we are not and whom we are against. But of course, our identities are definitions of who we are and what we love. Latinos across America are embracing equal rights for our gay and lesbian friends and family. Those of us who support LGBT equality haven’t abandoned our Latino identity. We’re embracing the values that define who we are as individuals, as Latinos and as Americans.
Dolores Huerta is a member of the board of People For the American Way.
People For the American Way launched a major new campaign today highlighting what a Mitt Romney presidency would mean for America’s courts. Romney has signaled that he’s ready to draw the Supreme Court and lower federal courts even farther to the right. And no signal has been clearer than his choice of former Judge Robert Bork to lead his campaign advisory committee on the courts and the Constitution.
In 1987, PFAW led the effort to keep Judge Bork off the Supreme Court. Ultimately, a bipartisan majority of the U.S. Senate recognized his extremism and rejected his nomination.
Last night, PFAW’s Jamie Raskin went on The Last Word with Lawrence O’Donnell to discuss PFAW’s campaign and what a Supreme Court picked by Mitt Romney and Robert Bork would look like:
Watch our full video, Don’t Let Romney Bork America:
To find out more about Judge Bork and what a Romney presidency would mean for America’s courts, visit www.RomneyCourt.com.
We noted on Friday that Wisconsin Gov. Scott Walker, working with a Republican-led state legislature, had taken the extraordinary step of repealing the state’s enforcement mechanism for pay discrimination lawsuits.
But it turns out that’s not all. Daily Kos points out that along with equal pay repeal, Gov. Walker signed what reads like a wish list of bills from the Religious Right:
The first bill bans abortion coverage through policies obtained through a health insurance exchange, set to be created under the federal health care reform law starting in 2014. The only exceptions would be in cases of rape, incest or medical necessity. [...]
The second bill requires a woman seeking an abortion to undergo an exam and consult with a doctor alone, away from her friends and family. The doctor must determine whether someone is pressuring the woman into the procedure. Doctors who break the law could be charged with a felony. [...]
The sex education bill requires teachers in schools that offer sex education to stress abstinence as the only sure way to prevent pregnancy and sexually transmitted diseases.
The bill also declares that sex education teachers do not have to address contraception. That's a dramatic shift from current state law, which requires teachers to instruct students on birth control options.
And it doesn’t end there. Walker has now decided to stop defending a law that gives gay and lesbian couples the right to visit each other in the hospital, a law that an anti-gay group is disputing in court.
That’s right. After making it harder for women to sue for pay discrimination, setting up demeaning hurdles for women seeking legal abortions, and giving the go-ahead for ineffective sex ed, Gov. Walker is going out of his way to try to keep same-sex couples from visiting each other in the hospital.
Is this the governor’s “jobs” agenda?
Tomorrow, activists and progressive organizations will descend on the headquarters of the American Legislative Exchange Council (ALEC) in Washington, DC to protest the NRA-designed “Shoot First” laws that ALEC has shopped to state legislatures around the country. As Calvin posted earlier this week, “When politicians enact ALEC legislation that benefits corporations, real people suffer the consequences. The results are tragic:”
(Source: Data issued by the Florida Department of Law Enforcement)
Information for the rally is below, and pictures will be posted after the event.
WHAT: Rally in Washington, DC, to protest the ALEC campaign to pass the "Shoot First" laws that protect Trayvon Martin's shooter, and delivery of letter to ALEC headquarters demanding disclosure of NRA funding and immediate cessation of “Shoot First” legislative advocacy:
WHEN: Thursday, March 29, 2012 at Noon
WHERE: ALEC Headquarters, 1100 Vermont Ave., NW Washington, DC
Rep. Corrine Brown (D-FL); Hilary Shelton, NAACP; Marc Morial, National Urban League; Rashad Robinson, ColorOfChange; Lisa Graves, CMD/ALECexposed; Mike Livingston, National Council of Churches; Diallo Brooks, People For the American Way; Doug Clopp, Common Cause.