US Constitution

November 1, 2018

Voters: ‘Don’t Take the Bait’

Remember to get out and vote. Election Day is Tuesday, November 6. Here in Pennsylvania, the polls open at 7 am and close at 8 pm.

Nel's New Day

Dictator Donald Trump (DDT) came up with a new diversion today. He doesn’t want people to notice that the Republicans plan to get rid of pre-existing conditions on health plans and eviscerate Social Security and Medicare. He doesn’t want people to notice that the national debt is ballooning and the deficit is rapidly increasing because he is giving money to the wealthy and big business that he had promised to use for help to the other 80 percent. And he certainly doesn’t want people to know—right before the midterm elections—that they will suffer from his new policies. His strategy is to tell them that he is taking care of the non-existent immigration problem.

Today he told today that he plans to sign an executive order to overturn an amendment to the U.S. Constitution to strip people in the United States of their citizenship. The Fourteenth Amendment that specifically stated that almost…

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July 4, 2014

Repeal the RFRA and Ratify the ERA

ERA words buttonCorporations should not have more religious rights than woman.  With the US Supreme Court’s (SCOTUS) Hobby Lobby decision, women’s personally “sincerely held” beliefs now mean nothing.

The Hobby Lobby decision is not based on the US Constitution.  Instead it’s based on a bill known as the Religious Freedom Restoration Act or RFRA combined with the recent Supreme Court’s Citizens United decision that granted personhood status to companies. Since there is no constitutional equality for women and therefore no strict scrutiny review for women’s religious and civil rights, this decision eliminating women personal religious beliefs and access to reproductive health coverage occurred.

The RFRA, when combined with this SCOTUS decision, makes women non-persons.

Therefore in order to place women back on equal footing with men (and the “personhood” of corporations as this activist Court has mandated), we need to do two things:

    1. Ratify the ERA — the Equal Rights Amendment — and put women into the US Constitution so that women WILL be equally treated as people and not as objects to be pushed around by the will of corporations and by gender bigots.
    2. Repeal the RFRA  –  The Freedom From Religion Foundation placed an ad in the New York Times entitled Dogma Should NOT trump Civil Liberties that in part states:

In Citizens United, the Supreme Court ruled that corporations are people. Now, the Supreme Court asserts that corporations have “religious rights” that surpass those of women.In the words of Justice John Paul Stevens, “Corporations have no consciences, no beliefs, no feelings,no thoughts, no desires” — but real women do. Allowing employers to decide what kind of birth control an employee can use is not,as the Supreme Court ruled, an “exercise of religion.” It is an exercise of tyranny.

I agree.  Repeal the RFRA and put women into the US Constitution.

The repeal of the RFRA would require an act of Congress. That means we need to elect new members to Congress who respect and will stand up for women. So we all need to register to vote and then vote.

We only need three more states to ratify the ERA to make it the 28th amendment to the US Constitution. Illinois is halfway there; their Senate ratified it and we’re now awaiting the vote in the state House.  Just two more states and then we can proudly say:

Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

 

March 18, 2014

Throwing Gun Safety Away in PA

Stop Violence Against Women NOW diamond

Stop Violence Against Women NOW

I received an email late last night from CeaseFirePA  regarding pending legislation in the Pennsylvania General Assembly.  Here’s the main part of that email regarding two bills designed to reduce gun safety within the state:

There has been a MAJOR development in our state House that is designed to seriously undermine our safety as Pennsylvanians. IT IS UP TO YOU TO ACT TODAY.

Our state House Judiciary Committee just released a surprise agenda for… March 18 and it’s a doozy. The legislators controlled by the gun lobby are trying to railroad five firearms related bills-at least two of which are extremely dangerous for Pennsylvania-through the legislature without giving the public time to weigh in on them. These dangerous Bills are:

-HB 921, which would eliminate Pennsylvania’s background check system (PICS)–a system that our state police swear by and that contains thousands of records, particularly mental health records and records of PFAs [Protection from Abuse orders]/domestic abuse, that are not included in the National Instant Check System (NICS);

-HB 2011, which would-for the first time EVER in Pennsylvania history-allow a special interest group (in this case, the gun lobby and groups like the NRA) and the interest group’s entire membership base special, automatic standing to sue towns and cities because the group does not like the ordinances that these towns have passed to increase the safety of their citizens, even when the ordinance has not been enforced against any member of that group.

—Rob Conroy, CeaseFirePA, Western PA Regional Director

Based on the Gun Safety resolution that both Pennsylvania NOW and National NOW passed, respectively, in January and February 2013, Pennsylvania NOW decided to oppose both of these bills.  [FYI for disclosure purposes, I serve on both of these organizations’ boards — as a member of the Executive Committee for Pennsylvania NOW and as a member representing the Mid-Atlantic Region on the National NOW Board of Directors]. For more information on this NOW policy, go to the end of this blog to see the text of the resolution passed on February 25, 2013 by the National NOW Board of Directors calling for Sensible Gun Safety Legislation; this policy passed following the many concerns raised by the shootings at Sandy Hook Elementary School on December 14, 2012.  My very first blog on this site was written the day of these shootings.)

Why Pennsylvania NOW Opposes these Bills

Pennsylvania NOW opposes HB 921 that eliminates PA’s background check for gun sales and increases the threat of gun violence to victims of domestic violence who have or want to seek out a Protection From Abuse (PFA) order.

Pennsylvania NOW also opposes HB 2011 since it allows special interest groups without legal standing to sue to overturn any local ordinance they don’t like.  This second bill could overturn not only local gun-related ordinances, but also other ordinances such as local anti-discrimination ordinances that have added marital status, familial status, family responsibilities, gender identity, and/or sexual orientation to the list of protected classes in preventing discrimination in housing, employment, and public accommodations.

Status of these Bills

The members of the Pennsylvania House Judiciary Committee met at 10 am this morning.  I talked to Rep. Thomas Caltagirone’s (D-PA 127) office (he’s the Minority Chair of the House Judiciary Committee).  The woman I talked to said that his entire staff (except herself) was in the Committee meeting and she had no idea as to whether or not these bills had been voted on.  At 2 pm today, I checked the General Assembly’s website.  As of that time, nothing had been posted regarding a committee vote on these bills.

Based on the make-up of the Judiciary Committee, we suspect that both bills will be voted out if they haven’t already been.  So all members of the legislature need to be contacted to tell them to vote no on both bills when they come to the floor.

Be/Become an Activist for Gun Safety

We don’t need to throw away our gun safety laws.  We need, instead, to make sure gun safety rules are in place to protect our loved ones.

So, please take time to contact your legislator.  Here’s where to find your legislator’s contact info. Tell him/her to vote NO on HB 921 and HB 2011 to protect the lives of our loved ones from unsafe gun sales and preemption of local ordinances that improve our local communities.

Addendum

CALL FOR SENSIBLE GUN SAFETY LEGISLATION

WHEREAS, the National Organization for Women (NOW) “[E]nvision[s] a world where non‑violence is the established order”; and

WHEREAS, we, along with the rest of the nation, have witnessed in horror and, with deep sadness, the most recent massacre on December 14, 2012, by an individual with assault weapons, of his mother first, then innocent children and teachers at the Sandy Hook Elementary School in Newtown, Connecticut; and

WHEREAS, this horrific incident is the latest in a string of recent, shocking gun attacks, all of which have been perpetrated by individuals with assault weapons and which have mostly targeted women and children around the country, including at:

  • a shopping mall in Portland, Oregon in December 2012;
  • the movie theater in Aurora, Colorado in July 2012;
  • a shopping mall in Tucson, Arizona in January 2011, where Congresswoman Gabrielle Giffords was grievously injured, and where other casualties included the death of 9-year old Christina Taylor-Green; and
  • an Amish school in Nickel Mines, Pennsylvania in October 2006 where 5 young girls were slaughtered and 5 more girls were seriously injured after the shooter released the boys and the adults; and

WHEREAS, according to the Congressional Research Services, there were more than 310 million firearms in private ownership in the United States in 2009, and another 5.2 million are manufactured annually and another 3.2 million imported annually, and according to the National Center for Health Statistics, more than 30,000 people in the US are killed each year by firearms, and the vast majority of female homicide victims in the U.S. are killed with handguns by intimate partners rather than by strangers; and

WHEREAS, we respect the rights conferred under the Second Amendment but believe that the right to bear arms does not mean that assault weapons—which are designed solely to kill people—should be sold to members of the public; and

WHEREAS, as President Obama said in Newtown, “These tragedies must end;”

THEREFORE BE IT RESOLVED, that NOW calls upon our federal- and state-level elected representatives to protect and defend our children, our communities and our nation from further gun violence by immediately implementing sensible gun safety  legislation, including:

  • Reinstituting the ban on assault weapons that was in effect prior to 2004; and
  • Banning the sale, transfer, transportation and possession of large clips of ammunition containing more than 10 bullets; and
  • Closing the “Gun Show Loophole” which allows individuals to purchase guns without a background check; and
  • Appointing a permanent position as Director of Tobacco & Fire Arms Department; and
  • Retaining the results of all Federal background checks for five years; and
  • Requiring universal background checks, including checks  for domestic violence for the purchase of any legal weapon; and
  • Creating a national gun registry that will allow law enforcement to track weapons; and
  • Requiring devices be added to weapons which would limit the use of any privately-owned gun to the registered owner; and

BE IT FURTHER RESOLVED, that NOW encourages our chapters and members to:

  • Lobby their elected officials for effective legislation to end gun violence, with the NOW Action Center providing educational information to assist in such efforts; and
  • Contact entertainment providers and their sponsors to ask that they do not manufacture or sponsor video games, movies, television shows or music that glorify gratuitous violence; and
  • Lobby and/or protest professional organizations in the entertainment industry that honor exceptionally violent content; and
  • Advocate for programs and their funding in schools to teach tolerance and conflict resolution; and

BE IT FINALLY RESOLVED, that NOW endorses actions advocating for solutions to end gun violence when it can be done in accordance with NOW’s Coalition Guidelines.

—Passed by the National NOW Board of Directors, February 25, 2013

August 27, 2013

ALICE PAUL – CRUSADER FOR WOMEN – JANUARY 11 BIRTHDAY

In honor of Women’s Equality Day (August 26). Alice Paul spearheaded the final long-time nationwide effort to get the 19th amendment to the US Constitution passed. And once that occurred in 1920, she wrote the Equal Rights Amendment; yet, almost a century later, it has yet to become part of the US Constitution. It’s time for women to achieve full legal equality.

August 7, 2013

Third Circuit Upholds Girls’ Free Speech Rights in School

In September 2011, just before I stepped down as Pennsylvania NOW President, PA NOW along with the Feminist Majority, Legal Momentum, and several other feminist organizations signed onto an amicus brief written by the Women’s Law Project in support of two middle school girls from the Easton Area (PA) School District who participated in a youth breast cancer awareness program by wearing “I ♥ boobies” breast cancer awareness bracelets to school.

"I ♥ Boobies" bracelets made by the Keep a Breast Foundation

Sample “I ♥ Boobies” bracelets that were banned by the Easton Area School District; photo courtesy of Keep a Breast Foundation

Kayla Martinez and Brianna Hawk, then seventh and eighth graders, were suspended for wearing Keep A Breast bracelets on Breast Cancer Awareness Day.  Subsequently the school district instituted a district wide ban on the bracelets because they were supposedly “lewd” statements about women’s bodies.  These young women, citing 1st Amendment rights, refused to take them off and then filed suit through their parents after the district-wide ban was instituted.

On August 5, 2013, the 14-member 3rd Circuit Court of Appeals, in a 9-5 en banc decision, upheld the District Court injunction against this ban on educational free speech.  They looked at the question of whether or not speech about women’s bodies and their health “could [be] interpret[ed] as lewd, vulgar, profane, or offensive [when that] speech could also plausibly be interpreted as commenting on a political or social issue.”  The court decided that breast cancer is a social issue exception and thus protected speech.  This means that talk about breasts and breast cancer is protected speech in schools throughout Pennsylvania, Delaware, and New Jersey, the three states that fall under the jurisdiction of the 3rd Circuit Court of Appeals.

According to the Keep A Breast Foundation, the makers of this bracelet, the 3rd Circuit Courts decision

“[M]arks the first time a federal court of appeals has ruled that the First Amendment protects student speech that is plausibly understood as commenting on political or social issues.”

The Court’s bottom-line statement in its en banc decision, I believe, says it all:

“The bracelets are intended to be and they can reasonably be viewed as speech designed to raise awareness of breast cancer and to reduce stigma associated with openly discussing breast health.”

Thanks to Mary Catherine Roper of the ACLU of Pennsylvania  for taking this case to the 3rd Circuit and to Terry Fromson and staff of the Women’s Law Project for working on this issue in support of young women’s free speech rights when talking and taking a stand on their bodies and their health!

July 25, 2013

King’s Dream in 2013: Interlocking Destinies

It’s been 50 years since Martin Luther King, Jr. gave his iconic “I Have a Dream” speech in front of the Lincoln Memorial in Washington, DC. One of his colleagues at that event was the Rev. Jessie Jackson, Sr.  Rev. Jackson has continued speaking and advocating for that dream of “uniting people on common ground across race, culture, class, gender, and belief.”  This idea of interlocking destinies was presented during his plenary speech at the National NOW Conference held in Chicago on July 5, 2013.

I was in the room during Rev. Jackson’s speech and took several video clips with my smart phone.  One of them came out clear enough to post on this blog.  So after getting back home, participating in a family reunion, and then spending a week and a half looking for a replacement car for our 253,000+ mile vehicle, I was able to upload the video and present it to you.

Video of Jessie Jackson at the 2013 National NOW Conference in Chicago, IL

The following quotes, along with the time tags are some of the best comments, IMHO, that Jessie Jackson made during this speech discussing the intersection between the women’s movement and the civil rights movement, which at 13:59 into this video, Jackson calls a “sharing of interlocking destinies.” He started off by discussing these Interlocking Destinies and shared rights.

3:10 Fifty years after the “I Have a Dream” speech, we still need the ERA [Equal Rights Amendment].

3:52 The right to vote should not be a state right. It’s a constitutional right for everyone.

4:10 Every child should have access to have access to high-quality public education.

4:20 No matter if you are in Mississippi, Maine, or in California, we live under one flag; you should have equal protection under the law.

5:52 Our goal is to learn to live together.

6:20 Civil rights cannot be another word for “black” and NOW cannot be another word for “white women.”  Black women, in big numbers, should be members of NOW now!

7:00 We must pull down the walls [of cultural resistance] that leave us in the shadow of fear…. When the walls come down, we can all grow bigger, better, stronger with greater productivity.  When the walls come down.

9:00 There’s a new South today that can have the Super Bowl, CNN, high-tech universities [showing that we are] learning to live together.  Yet…

At this point, Rev. Jackson starts talking about some of the interlocking issues of racism and sexism still present that need to be addressed in the United States:

9:56 It’s interesting to me that during the Republican Primary, in my [home] state [South Carolina] with an open primary, not one candidate went to a single school or church of the black community.  Not one! 33% black.  Not only did they not go, the media did not challenge them to go.  This instance [of the] reinforcement of apartheid was natural because it’s [still] normal.

Jackson then spends a bit of time framing these interlocking destinies and the problem of economics and access to justice.  He gave several examples of this framework.  The one that resonated with me was the one about the automobile industry, considering that my car had died the weekend before the conference and knowing that I would soon be car shopping. He said,

12:38 What does it mean that there are 21,000 automobile dealerships? 200 black-owned. Almost no women. Pepsi: one black franchise. Coke: zero. When you go get educated. You get your masters and PhD degrees. Business people, you cannot buy one of these franchises, by the way, because they were sold under the laws of perpetuity. Those that got the territories [back in the day] have the territory eternally.  So it’s not about getting on the ball field.  If you get on the ball field, there are no balls left…. Even money can’t buy them.

And finally, just as the battery in my smart phone died, he ended on a high note using history to look towards the future. He said that as in the past, we have not and can never be at loss for continuing to advocate for reform.  This is what I caught on the video as it beeped “bye-bye:”

13:59 The agenda of race and gender equality are inextricably bound.  We share interlocking destinies.  African-Americans won the right to vote in 1879 – 15th Amendment. Women in 1920 – 19th Amendment. We [finally] got the right for blacks to vote in the Deep South in 1965 [with the Voting Rights Act] while women got the right to serve on juries in 1967 – 2 years later [as a result of the US Supreme Court decision in Taylor v. Louisiana].  Eighteen year olds got the right to vote in 1970; [before that] those [young people] serving in Vietnam could not vote…

June 27, 2013

DOMA and LGBTQ Rights in PA

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:

  1. revoking Pennsylvania’s DOMA law;
  2. passing marriage equality;
  3. 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;
  4. adding sexual orientation and gender identity (bill not yet introduced into the PA General Assembly) into PA’s Human Relations Act;
  5. passing the proposed the Pennsylvania Safe Schools (PASS) Act that focuses on bullying and harassment in public schools; and
  6. 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.

June 25, 2013

War on Women in Pennsylvania: At Least a 20-Year Happening

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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

Budgetary Attacks

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:

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

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.

May 23, 2013

The Conservative Pot of Anger

IRS Form 990 non-profit form

Form 990 – the IRS tax form used by recognized 501(c) non-profit organizations

For over a week now we have been hearing about the “scandal” within the IRS’s Tax-Exempt division.  Congress has been holding hearings, calling on current and past Commissioners to testify about the additional scrutiny given to Tea Party organizations.  A couple of days ago, I asked if this additional scrutiny was a scandal or not.

In addition to my comments that day, the Guardian has now brought up another issue that may be adding fuel to the conservative f(ire).  That fuel is a four-decade simmering anger at the IRS by the conservative religious right.  An anger fueled by both segregation and religion.

In 1954, the US Supreme Court declared in Brown v. Board of Education that segregation in education was unconstitutional. In 1964, Congress passed the Civil Rights Act that, which among other issues makes discrimination based on race in public accommodations and employment illegal. In 1967, the US Supreme Court declared in Loving v. Virginia that bans on interracial marriage were unconstitutional.  In 1970, the IRS changed their tax-exempt regulation on private schools to reflect these policies.

Bob Jones University had, under pre-1970 regulations been granted tax-exempt status.  In 1970, as a result of the change in regulations, the IRS notified Bob Jones University that they intended to revoke the university’s tax-exempt status because of their segregationist policy of initially not admitting blacks and then, later of not admitting or expelling students who entered into, engaged in, or advocated for interracial marriage or dating.

Bob Jones University felt that they had a “biblical” right to discriminate.  So they filed case after case to overturn the IRS revocation.  Finally in 1983, in Bob Jones University v. United States, the US Supreme upheld the IRS revocation of Bob Jones University’s tax-exempt status because of its segregationist policies.

The Justices disagreed with Bob Jones’ biblical interpretation of the competing First and Fourteenth amendments to the US Constitution.  In looking at both amendments, they first declared that there is strong governmental interest in ending discrimination:

[The] Government has a fundamental, overriding interest in eradicating racial discrimination in education 29 – discrimination that prevailed, with official approval, for the first 165 years of this Nation’s constitutional history. That governmental interest substantially outweighs whatever burden denial of tax benefits places on petitioners’ exercise of their religious beliefs.

Then, citing the aforementioned cases (and others), the Court held stated:

An unbroken line of cases following Brown v. Board of Education establishes beyond doubt this Court’s view that racial discrimination in education violates a most fundamental national public policy, as well as rights of individuals.

The Court then pointed out that this IRS regulation was still constitutional even after Bob Jones University opened its doors to people of all races.  The Justices reiterated the lower court decision, stating that the University remained racially discriminatory in its policies at the university in violation of the tax-exempt regulations:

Petitioner Bob Jones University, however, contends that it is not racially discriminatory. It emphasizes that it now allows all races to enroll, subject only to its restrictions on the conduct of all students, including its prohibitions of association between men and women of different races, and of interracial marriage. 31 Although a ban on intermarriage or interracial dating applies to all races, decisions of this Court firmly establish that discrimination on the basis of racial affiliation and association is a form of racial discrimination, see, e. g., Loving v. Virginia, 388 U.S. 1 (1967); McLaughlin v. Florida, 379 U.S. 184 (1964); Tillman v. Wheaton-Haven Recreation Assn., 410 U.S. 431 (1973). We therefore find that the IRS properly applied Revenue Ruling 71-447 to Bob Jones University. 32

The judgments of the Court of Appeals are, accordingly,

Affirmed.

I think that this article in the Guardian is correct.  It might just be another reason for the current tax-exempt status furor.  It seems that pulling the tax-exempt status of a religiously-based institution for its violation of our country’s stance for equality under the 14th Amendment of the US Constitution resulted in a simmering pot of anger just waiting for a bit more fire to bring conservatives to a full boil.

What do you think?  Please comment.  I’d be interested in hearing your opinion.

May 19, 2013

Special Report: IRS Scandal Shakes Washington (OR IS IT?)

I just read this blog by Michael J. Rosen about the extra scrutiny of conservative groups seeking tax-exempt status. I decided to repost his blog with three sets of comments. My comments give thought to three different sets of questions:

  1. What else besides what we’ve heard about might have helped lead to this “scandal?”
  2. Is it really a “scandal?” Do we know?
  3. Is this issue likely to go away soon?

What else might be behind this scandal?

Besides a lack of training and oversight that we’ve heard about, I think another part of this whole problem is the backlog of applications in the non-profit division of the IRS. I talked to them the other day about a non-profit I work with that is attempting to get its 501(c)4 status reinstated due to the 990-N issue. The agent I talked to said that they are getting over 5,000 applications every month and are working on them on a first come, first serve basis.

The IRS website says that with the small staff they have, there is an even greater backlog on applications than what the agent told me. Here’s that IRS statement.

“All [non-profit] applications are sent to the IRS Determinations Office in Cincinnati. This office receives approximately 70,000 applications for tax-exempt status of all kinds each year [that averages out to 5,833 new applicants each month]. This includes applications from section 501(c)(3) and section 501(c)(4) organizations. This office, which includes fewer than 200 people working directly on applications, is primarily responsible for working determination applications.”

The agent helped me to figure out the current status of this VERY SMALL non-profit that I’m working with (if it brings in $400/year for this group, it’s doing well). He told me that the records show that all of the paperwork at our end is basically complete, but the application won’t be reviewed until the office gets to the applications marked as “complete” as of September 2012 (when he says my group officially completed the paperwork). And, directing me to another section of the website, he pointed out that the office is currently working on applications from early May 2012 – i.e., over a 1 year delay in processing!

The aforementioned web page also goes into more detail, from the official IRS viewpoint, of what happened with the Tea Party organizations. It says that approximately 70 Tea Party groups were put into the in-depth “centralized” review; that out of a total of, currently, about 470 organizations being given similar treatment.

Is it a Scandal? Do We Really Know?

A scandal is defined as “a circumstance or action that offends propriety or established moral conceptions or disgraces those associated with it.” A political scandal is “an instance of government wrongdoing” that offends or disgraces those directly associated with that wrongdoing.
In this case, so far, it doesn’t appear to be a scandal that rises to the level of the White House. According to the Washington Post, based on increasing evidence, the IRS issue is very bad press for the Obama administration. According to their report,

If we believe the agency inspector general’s report, a group of employees in a division called the “Determinations Unit…” started giving tea party groups extra scrutiny, were told by agency leadership to knock it off, started doing it again, and then were reined in a second time and told that any further changes to the screening criteria needed to be approved at the highest levels of the agency.

The White House fired the acting director of the agency [this week] on the theory that somebody had to be fired and he was about the only guy they had the power to fire. They’re also instructing the IRS to implement each and every one of the IG’s recommendations to make sure this never happens again.

And from all the evidence obtained so far, there is no evidence of any connection between the “Determinations Unit” and the Obama administration. So unless there is a smoking gun hidden somewhere, there is no political scandal within the White House. Time will tell.

Is this issue likely to go away anytime soon?

No, I personally doubt that the issue will “go away” anytime soon.

Three reasons:

  1. partisan politics to continue attacking Obama’s executive branch;
  2. long history of spying and intrusiveness; and
  3. free-speech issues.

The first issue is purely partisan. Issues that Republicans think will make President Obama look bad are brought up again and again even when the public, to some extent (but not the base) has moved on. Has the Benghazi issue died? How many times will the Republican-dominated House vote to revoke Obamacare before they give up?

The second issue is spying and intrusiveness that, for the first time in a long time, concerns both sides of the aisle. There has been a long history of the feds, usually the FBI, targeting non-profits. Think of the Friends (Quakers) peace-related work for example or the Communist-baiting of the 1950s. Usually it’s the more progressive, left-leaning groups that are targeted. These groups have a long memory and I think may, in this case, support the concerns raised in this non-profit scrutiny case. And since there were progressive groups in this list of targeted non-profits, both sides have some ammunition to push back against the actions of the IRS.

The third is a First Amendment issue. Combine these IRS actions with the free press concerns over the Justice Department’s review of press reporters’ phone logs; both sides have screamed NO. What you have here are two different departments of the executive branch allegedly intruding on the First Amendment: one department—the IRS—may be attacking an individual’s free speech rights and another department—the Justice Department—may be attacking freedom of the press. Both protections are contained within the First Amendment of the US Constitution.

So no, based on all three routes of concern, I don’t think this issue will go away anytime soon.

Michael Rosen Says...

This week, the US Internal Revenue Service acknowledged and apologized for behavior that had long been rumored. The IRS improperly targeted for extra scrutiny conservative groups seeking tax-exempt status.

IRS logoThe IRS did not ultimately deny tax-exempt status to a single group receiving extra scrutiny. Some say this proves that the actions of the IRS were baseless.

The scandal has now shaken the nation’s capital:

President Barack Obama directed Jack Lew, Secretary of the Treasury, to request the resignation of Steven Miller, Acting IRS Commissioner.

Miller resigned and Lew accepted the resignation.

The Justice Department has initiated a criminal investigation.

Exercising its oversight responsibility, Congress has begun its own probe of the IRS scandal.

Obama addressed the nation on television saying, “It’s inexcusable and Americans are right to be angry about it and I am angry about it. I will not tolerate this kind of behavior in any agency, but particularly…

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