Three days ago I got a call asking if I would accept a Distinguished Worldwide Humanitarian Award from Worldwide Who’s Who. I said yes. This is their announcement.
I just finished reading an article in PhillyNOW, a weekly blog that touts itself as an alternative to the mainstream press in Philadelphia to “bring you news and politics with an attitude, whether you like it or not.” This article, in light of yesterday’s Supreme Court decision in UNITED STATES v. WINDSOR overturning the definition of marriage as described in Section 3 of the Defense of Marriage Act (DOMA), calls on the Democratic Party at both the state and national levels to “stand up on LGBT rights.”
I would go even further. Not only should Democrats step forward, but Republicans need to step of to the plate of equal access as well.
It doesn’t matter what party you belong to.
The Declaration of Independence says,
We hold these truths to be self-evident, that all men [sic] are created equal, that they are endowed … with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
The 5th amendment to the Constitution, in part says,
“No person…shall be deprived of life, liberty, or property, without due process of law…”
(FYI, It was this constitutional “due process” amendment that was used to overturn DOMA in yesterday’s majority opinion).
That means equality for all. Including in marriage and an end to hate and discrimination for all, gay or straight.
Our laws need to be changed here in Pennsylvania to live up to the Declaration of Independence and our Constitutional right to democracy and freedom for all. That includes, but are not limited to:
- revoking Pennsylvania’s DOMA law;
- passing marriage equality;
- adding sexual orientation and gender identity, as well as gender, disability, and ancestry (click here and here for current bills) back into PA’s hate crimes law;
- adding sexual orientation and gender identity (bill not yet introduced into the PA General Assembly) into PA’s Human Relations Act;
- passing the proposed the Pennsylvania Safe Schools (PASS) Act that focuses on bullying and harassment in public schools; and
- changing state inheritance tax laws to give the same exemptions to the tax that heterosexual couples have (as far as I can tell, there is no pending legislation in the PA General Assembly to do this).
Let’s do it sooner rather than later. Let’s come together.
A great summary of what’s happened in Texas and Washington, DC today. Like my blog on Senator Wendy Davis this morning, Nel’s New Day highlights two successes within 24 hours – one for women and one of all loving, committed same-sex couples who have had their relationships legally recognized as marriage in now 13 states as well as several countries around the world (since the US Government recognizes marriages that are conducted as a legal marriage in a different country). This has been a day of celebration in the War on Women and against homophobia. THANKS to everyone who made this happen.
Forty years ago, homosexuals were mentally ill. Ten years ago gays and lesbians were criminals. Today LGBT people can legally marry the people they love. Yesterday was the day that my partner and I celebrate as our anniversary because marriage equality is illegal in Oregon. It was our 44th anniversary. Without the same Social Security benefits that legally married people receive, my partner has lost well over $100,000. We don’t know how much we have lost in other benefits because of the discrimination against same-sex couples.
The Stonewall riots, hailed as the dawning of the gay rights movement, started in New York’s Greenwich Village on June 29, 1963, also 44 years ago. But today is a new day because the U.S. Supreme Court overturned the 1996 federal statute defining marriage as between one woman and one man.
Listening to the U.S. Supreme Court as they dribbled out their rulings…
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Late last night, I reblogged a bio of Texas Senator Wendy Davis. She is the woman who filibustered Texas’s proposed TRAP law – SB 5. This bill would have contained several burdensome restrictions on a woman’s constitutional right to seek a safe, legal abortion, including:
- Limit[ing] most abortions to the first 20 weeks of a pregnancy.
- Requir[ing] that doctors performing abortions have admitting privileges at a hospital within 30 miles.
- Requir[ing] abortion clinics to meet the standards of an ambulatory surgery center.
- Put[ting] new rules [into place] around abortion-inducing medications, including requiring that women take such medicines in the presence of a doctor.
Along with over 180,000 people, I watched in real-time the YouTube streaming of the filibuster, parliamentary procedures, and the eruption of voices in the gallery until 1 am Central time (2 am my time here in Pennsylvania) when the YouTube feed was shut down.
NPR has a good report on what happened.
Apparently votes are electronically recorded and time stamped into the legislative journal. Reporters took pictures of these records immediately after the vote. The initial record had a time stamp of “June 26, 2013,” which was after the constitutionally mandated shut-down of a special legislative session.
Then a few minutes later, the time stamp mysteriously changed from “June 26, 2013” to “June 25, 2013.” Republicans allegedly changed the time stamp for the SB5 abortion bill vote. Behold the magic from Becca Aarronson, reporter at the Texas Tribune that shows this doctored document.
So why did the Lt. Governor and the radical right-wing concede? Because of the excellent work of reporters in Texas who were able to show that the recorded vote occurred after midnight.
There was chaos on the floor and outrage when the Lieutenant Governor said that the bill had passed before the midnight deadline. The Democrats continued to contest the Lt. Governor’s ruling, noting that the voting ended after midnight. Which was documented by the automatic time stamp and noticed by the press.
Because the vote actually occurred at 12:02 am on Wednesday rather than before the Tuesday midnight deadline, the Republicans finally conceded that they had lost this fight a little after 4 am Central time when Texas Lt. Gov. David Dewhurst said,
“Regrettably, the constitutional time for the first called session of the 83rd Legislature has expired. Senate Bill 5 cannot be signed in the presence of the Senate at this time. Therefore, it cannot be enrolled. It’s been fun, but seeya soon.
Thank you everyone, especially Senators Wendy Davis (D-Fort Worth) for her filibuster and Senator John Whitmire (D-Houston) for his knowledge of parliamentary procedures. They helped create this much-needed victory on the war on women in Texas.
Meanwhile, I hope there is an investigation of this attempted tampering of the record in order to circumvent Texas’ Constitution!
And here’s my thank you to Senator Davis:
Way to Go, Senator Davis! Thank you so very much for standing up for women’s lives. For my readers, if you read this before midnight Central time today (June 25), you can watch Senator Davis’ filibuster at
Update June 26, 2012 – The Lt. Governor says the bill passed just before midnight. The Democrats on the floor and reporters in the room dispute this statement according to an article in San Francisco Chronicle.
I have been so impressed watching as Texas Senator Wendy Davis filibusters against a stringent anti-abortion bill that I wanted to find out more about her. Below is the “bio” on her on the state government website. I will add that she was born in 1961, so is 52 years old. The rules for Texas filibuster require that she not eat or drink anything or take any bathroom breaks; she must stand the entire time and is not even allowed to lean on the podium.
Occupation: Attorney, Business Owner
Education: Texas Christian University, Harvard Law School
Legislative Experience: Senate Member, 2009 – Present
Hometown: Fort Worth
Wendy Davis has been called “courageous,” “articulate and gutsy” and “inspiring” by the Fort Worth Star Telegram, which also described her as a legislator who “will stand up and fight.”
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Last week, Governor Tom “Just Close Your Eyes” Corbett signed into law Act 13 of 2013, also known as HB 818. This newest attack in the War on Women denies women the ability to use THEIR OWN FUNDS to purchase coverage for an abortion within the new healthcare exchange that Corbett decided to fob off onto the federal government. Although the state couldn’t be “bothered” with running this exchange, they have no problem in denying women the ability to purchase coverage for an abortion even in cases in which her life is endangered.
At the time of final passage of the bill I sent out an email to several friends listservs. Here are some of the comments I received back:
What is going on in PA? It’s beginning to sound more & more like a North Dakota or a Kansas [or a Mississippi or an Arizona or a Wisconsin or a Texas or any other state that’s been taken over by misogynists and racists]. Terrible!!
If women aren’t allowed to spend money on their healthcare the way they deem medically necessary, then it’s time to face the fact that we’re not even citizens in our own states.
I agree with all of these sentiments. Yet, these types of legislative actions have been going on in Pennsylvania for a long time, despite Pennsylvania having an ERA in our state Constitution and having already ratified the national ERA.
Bit of history of the War on Women in Pennsylvania. We’ve been battling this War for over two decades in our legislature. The battles started with attacks on reproductive justice and have now spread to other areas of women’s lives.
Reproductive Justice Battles
The Pennsylvania General Assembly has basically been co-opted by the radical right-wing on both sides of the aisle. The Democrats do have more pro-choice people than the Republicans. The Senate is a bit better than the House of Representatives. And this has basically been true since the late 1980’s.
- Which is why Governor Bob Casey, Sr. (D) pushed through Pennsylvania’s Abortion Control Act that initially mandated parental consent, spousal consent, a 24-hour waiting period, and a state-mandated script about the “detriments” to health in abortion procedures. Planned Parenthood contested the law that went all the way to the US Supreme Court in a case called Planned Parenthood of Southeastern Pennsylvania v. Casey. Decided on June 29, 1992, the Court threw out spousal consent as an “undue burden,” but upheld the rest of the law. This was one of the first battles partially won by the emerging War on women. That was 21 years ago this week.
- Which is why Title X and state Family Planning monies are split 50/50 each year in the state budget between crisis pregnancy centers and legitimate family planning clinics. And this has been happening for over a decade now. And in 2012, Rep. Daryl Metcalfe (R) proposed eliminating ALL funding for family planning for Planned Parenthood or any other clinic that provides abortion services.
- Which is why we are losing stand-alone abortion providers due to the TRAP (Targeted Regulations on Abortion Providers) law passed in December 2011 following “Dr.” Gosnell’s arrest and guilty verdict for murdering 9 live-born infants and one woman in a filthy, rat-infested facility that the state had not inspected despite complaints from legitimate providers for about 10 years.
- Which is why we almost had a transvaginal ultrasound law last year. And for Governor Corbett’s “Just close your eyes” statement (Corbett’s comments on the ultrasound bill start at 14:28). The main reasons I think it ultimately died in committee is thanks to the activists in VA who created the uproar there and because so many people, including doctors were outraged by the invasiveness of this bill and for Corbett’s insensitive statement (of which he is becoming more or more well-known for – he’s his own worst enemy).
Other Battles in the War on Women in Pennsylvania
And on other issues – similar actions have occurred.
Increasing Conservatism in the Legislature and Governorship
In 2010, the Tea Party and the radical right swept into office an even more anti-woman legislature and governor here in Pennsylvania. The War on Women went into full swing. Both houses of the General Assembly became even more heavily conservative, with the House switching from a Democratic- to a Republican-controlled majority and the state elected an anti-choice, anti-woman, and in my opinion, racist governor – Governor Tom Corbett (R).
To highlight how conservative the Pennsylvania General Assembly has become, just look at the 2012 ratings of legislators by the American Conservative Union. They indicated that 51% of members in the combined Assembly are solid conservatives; 105 or 42% are given a score of 100 and an additional 22 or 9% are rated at 63 or higher. The entire leadership of the majority party in both houses and thus those with the power to deny women, people of color, people with disabilities and people living in poverty their basic rights are listed in their report as so-called “Defenders of Liberty” or “Conservatives” because of their rating of, respectively, either 100 (13 of the 16 leaders) or 80 (the remaining 3 leaders).
Attack on Hate Crimes Protections
An updated hate crimes bill was initially passed in 2002 that added gender, gender identity, national origin, disability, and sexual orientation. Because the radical right didn’t want to vote against adding sexual orientation coupled with disability and gender and thereby anger multiple constituencies within their district, a member of the House, proposed a late-night, end of session amendment in the 2001-2002 legislative session that substituted the hate crimes bill for an agricultural crimes bill. The vote was overwhelmingly in favor, mostly because the legislators didn’t want to appear to be supporting hate crimes via a no vote (prior to this the then Republican majority had refused to bring up the bill for a committee vote). The radical right-wing appealed saying that this substitution violated the state’s constitutional mandate that any amendment has to be germane to the original intent of the bill.
The Pennsylvania Supreme Court agreed in July 23, 2008 that this procedure (but not the underlying intent) was unconstitutional and threw out the law. It has been reintroduced every session since then with no hearing or vote in any committee in either house.
Attacks on Marriage Equality
In addition to having a state-based mini-DOMA (a state-level Defense of Marriage Act) on the books, Pennsylvania has had several attempts at adding this form of discrimination to our state constitution introduced every session for the last decade. The major reasons they have not passed is that the House is even more conservative than the Senate and the two houses can’t agree on how extreme to make it. There is another one that has been introduced in the General Assembly this year, but due to increasing support by the public for civil unions and marriage equality (almost 2/3 support throughout the state), they haven’t yet held any hearings.
One of the spears attacking women, families, and people of color since the takeover of our legislative and executive branches of government here in the state is the budget.
We have had severe cutbacks in state funding for education, health care, and human services since 2011. According to the Pennsylvania Budget and Policy Center, spending on these three areas in the final budget for 2012-2013 that ends this week was either flat-lined (“welfare” programs) or reduced by 0.3% (for public school education), 15.9% (for higher education), and 37% to 45% (for Medical Assistance inpatient and outpatient care).
The proposed budget plan for 2013-2014 continues these cuts. Here are a couple of examples of this budgetary war:
- Governor Corbett is refusing to opt into the Medicaid Expansion program after entirely eliminating the Adult Basic Health program in 2011 for low-income adults who don’t qualify for Medicaid under current law;
- Nearly 85 percent of the cuts to public school classrooms enacted in the past two years remain intact in the proposed state budget plan; and
- Current state law and the proposed budget will completely eliminate the Capital Stock and Franchise tax. Some legislators, in an effort to put more funding into education, healthcare and human services, have proposed to freeze this tax for the 2013-2014 budget at the current, historically low 2012 level. This would “raise an additional $360 million for the 2013-14 budget, helping prevent deep cuts to investments that are key to Pennsylvania’s future.” This amendment to the budget has yet to be made.
Attacks to Eliminate Equality for All
In the very first budget introduced by Governor Corbett, every advocacy Commission in the Executive branch was eliminated in the 2011-2012 budget – this includes the Pennsylvania Commission for Women (which I served on until it was abolished), Latino Affairs, Asian-American Affairs, and African-American Affairs. As you will see from the links to these commissions, there is no public information on who the commissioners are nor is the any information on the services any of these commissions provide. Prior to the elimination of these commissions in 2011, the Commission for Women, for example, had an extensive web presence which included our mission (the only thing that now remains), hotline contact information, copies of reports written by the Commission, information on the advocacy being conducted by the Commission, and links to programs and services to broadly assist women. Transparency has disappeared; this is another spear in the attacks with the War on Women here in Pennsylvania.
Like every other state, Pennsylvania has a commission that monitors, reviews and adjudicates alleged acts of discrimination; here in Pennsylvania that is the Pennsylvania Human Relations Commission (PHRC). Severe budgetary cut-backs have occurred in the funding for the PHRC in every budgetary cycle since 2011. An individual who works within the PHRC told me last month that as a result of these cuts, they are down 50% in staffing and that long-time civil rights advocates in the agency have either retired (some early) or left for other work. And it’s not getting any better. The PHRC is flat-lined in this year’s budget. We don’t yet know if this will still be true once the budget is passed, which theoretically must be done this week since our state constitution requires passage by June 30 of each year.
Gerrymandering is part of the War on Women due to its impact on legislation directly affecting women’s lives. Gerrymandering here in Pennsylvania, aka the “Gerrymander of the Decade,” has entrenched the right-wing Republicans in both the General Assembly and the Pennsylvania Congressional delegation. This, despite the fact that there are many more registered Democrats than Republicans in the state.
Being a Democratic legislator, as we all know doesn’t guarantee concern for women’s rights (think Senator Bob Casey, Jr. and his father, former Governor Bob Casey, Sr.). But in these days and times, it’s less likely to cause a problem for us than do the Tea-Party dominated Republicans.
The most recent vote in the General Assembly is a clear example of what gerrymandering has done to the legislature.
Gerrymandering, combined with the elections resulted in the passage of HB 818/Act 13 this month. Tea Party Republican conservatives won many of their races in 2010 and 2012, taking control and leadership of both houses in 2011. In the House there are 111 Republicans and 92 Democrats. On April 24, 2013, all but 2 Republicans (98%) voted against and all but 32 Democrats (65%) voted for women’s reproductive justice. In the Senate there are 28 Republicans and 22 Democrats. On June 5, 2013, all but 2 Republicans (93%) voted against and all but 5 Democrats (77%) voted for women’s reproductive justice.
State and Federal ERA
Another comment that was made when I sent out my email was about passing the federal Equal Rights Amendment (ERA). The person said,
This is the reason we need to be included in the Constitution of the United States! One of main ways to stop bills like this is to pass the ERA and thus be admitted as full-fledged citizens of the US.
Before the War on Women started, Pennsylvania passed a state-based ERA that was voted on by the electorate and placed into Section I of the Pennsylvania Constitution in 1971.
Yet even with this state-based ERA, the War on Women is being raged here in Pennsylvania. Sometimes the state ERA works and sometimes it doesn’t. It worked back in the 1980’s when Pat and Twiss Butler worked with Pennsylvania NOW to get gender-based auto insurance rates eliminated. But it didn’t work in 2008 when a woman sued her employer using the state ERA based on sexually offensive comments made by her supervisor but not stopped by the company.
Many people, in frustration have made statements or created nicknames to replace the official monikers of “City or State of Brotherly Love” and the “Cradle of Independence.” A couple of the pejoratives include “Pennsyltuky” and “Philadelphia and Pittsburgh with Alabama in the middle” (this latter one is attributed to James Carville) The progressive parts of the state (for the citizenry, but not necessarily the full legislature) are currently Philadelphia and SE PA, the capital Harrisburg (to some minor extent) and Centre County where I live. Pittsburgh is still itself progressive, but Allegheny County (where Pittsburgh is located) has become very, very conservative and thus more like the “T” (the term used to describe the rural part of the state outside of the Pittsburgh and Philadelphia regions).
Yes, it is frustrating. But as a “cock-eyed optimist” (something I’ve often been called), I continue to push back and sometimes we get things that are a bit better than they would have been otherwise. Much of our work is being done in coalition these days. I won’t stop my push-back against this War on Women. I will continue my multi-decade work and will continue to shout from the mountain top whenever and wherever needed. As will others (see for example, an article in Politico about the War on Women battle for the Pennsylvania governorship gearing up here in Pennsylvania).
Be a “cock-eyed” optimist. Get the ERA passed and stop this state and national War on Women. As Margaret Mead said,
Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.