Rep. Daryl Metcalfe (R-12 Butler County PA)

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 13, 2013

Civil Rights Denied: PA’s Proposed Constitutional Same-Sex Marriage Ban

Logo of Freedomt to Marry, Inc.

“working to win the freedom to marry in more states, grow the national majority for marriage, and end federal marriage discrimination. ” http://www.freedomtomarry.org/pages/about-us

A couple of days ago I posted a blog about the dueling marriage equality and same-sex marriage ban bills recently introduced into the Pennsylvania General Assembly.  Today I thought I give a more detailed argument as to how discriminatory the same-sex marriage ban is to gays and straights alike.

As previously stated, on May 7, Pennsylvania State Representative Daryl Metcalfe (R-12 Butler County) introduced his legislation (HB 1349) to create a constitutional amendment defining marriage OR its “substantial equivalent” solely as a union between a man and a woman.  That bill would amend Article I of the Pennsylvania state Constitution – the Declaration of Rights section – to take rights away from unmarried couples in Pennsylvania, whether they are same-sex or heterosexual couples.  Here’s the constitutional amendment as written in HB 1349:

“Marriage is the legal union of only one man and one woman as husband and wife and no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

Until the spring of 2012, 31 states across the country had created constitutional amendments to outlaw marriage or anything that looks like marriage between same-sex couples. The last successful attempt at this form of discrimination occurred by referendum in North Carolina in the spring of 2012; all other attempts since then to deny marriage equality have failed.

Marriage equality however has had many successes since then. Three states – Delaware, Rhode Island, and Washington – either passed a referendum OR legislation legalizing marriage equality following North Carolina’s referendum. One state – Minnesota—is expected to pass their marriage equality bill today; note, this is only 6 months after the voters in Minnesota by referendum killed their proposed same-sex marriage ban.  And one state – Colorado – passed legislation recognizing civil unions even though they have a constitutional ban on same-sex marriage.

Instead of moving forward, right-wing legislators would like to have Pennsylvania join the 31 other states that constitutionally ban-same sex marriages and/or other legal forms of relationships such as domestic partnerships and civil unions.  These Pennsylvanian legislators are making their fourth attack on same-sex couples and on unmarried people – gay or straight.  If HB 1349 passes, Pennsylvania for the first time in its history would enshrine and mandate discrimination into the state Constitution.

This amendment would take rights away from unmarried couples in Pennsylvania, whether they are same-sex or heterosexual couples.  The way this amendment is written would affect all unmarried couples, victims of domestic violence if they are not married to their abuser, and could threaten Pennsylvania’s anti-discrimination laws

Effect on All Unmarried Couples – Gay or Straight

Currently, Pennsylvania statute recognizes only marriages between one man and one woman.

Pennsylvania does not recognize either (1) same-sex marriages or (2) civil unions, domestic partnerships, or any other coupled-household status—whether entered into by same-sex or opposite-sex couples.  Those affected by this amendment would therefore, for example, include senior citizens who live together but are not married because of economic considerations, couples who believe they have a “common law marriage” (which is no longer recognized in Pennsylvania), and gay or straight couples who have any type of intimate relationship.

It could also threaten the lives of unmarried domestic violence victims and allow unmarried individuals to be discriminated against in housing, employment, and public accommodations.

Effect on Domestic Violence Victims

In 2004, Ohio passed their discriminatory anti-marriage constitutional amendment, which was quickly and unexpectedly used to deny protections to unmarried victims of domestic violence.  Here’s what happened.  Almost immediately, unmarried batterers argued that since they were not married, Ohio could not enforce their domestic violence law because that was treating their relationship with their partner as “equivalent to marriage.” The 2nd District Court of Appeals in Ohio agreed and ruled that the Ohio domestic violence law runs afoul of the “Defense of Marriage” amendment, passed by voters in 2004, and does not apply to “a person living as a spouse.”  As a result, unmarried defendants, who could have faced felony domestic violence charges, only faced misdemeanor assault charges.    It took several years for the Ohio Supreme Court to reverse this ruling.  In the interim, unmarried women were at the mercy of their batterers in several counties in Ohio.

The Ohio amendment is very similar to that of the one proposed for Pennsylvania.   In Ohio, by providing protection to “persons living as spouses,” the domestic violence statutes created a legal status for cohabiting relationships that is “equivalent to a marriage,” according to the appeals court. The appeals court decision in Ohio then denied protection from abuse to unmarried individuals – gay or straight – because the domestic violence law gave legal standing to an unconstitutional relationship – that of an unmarried couple. The courts argument overturning these domestic violence protections utilized similar language found in Pennsylvania’s HB 1439, which states that “no other legal union… or the substantial equivalent thereof shall be valid or recognized.”

We have no way of knowing how the courts would rule on a similar argument should this amendment pass and become part of Pennsylvania’s Constitution.  Who knows if Pennsylvania’s Supreme Court would protect the victim or allow batterers to circumvent Pennsylvania’s Protection From Abuse (PFA) law?  We need to protect all people from domestic violence and sexual assault.  Passage of this amendment could deny the protection offered by Pennsylvania’s domestic violence and protection from abuse laws; it could even risk the very lives of unmarried people–gay or straight–because this constitutional amendment denies the rights, privileges, and protections of law to people who are not legally married or who have a relationship that is “functionally equivalent” to traditional marriage.

Effects on Employment, Education, Housing, and Public Accommodations

It also looks like current and proposed employment, education, housing, and public accommodations anti-discrimination laws at both the state and local levels might be jeopardized for unmarried individuals.  Discrimination based on marital status and family responsibilities is unlawful under a variety of existing laws. With a few exceptions, under current state and federal law, people who experience this form of discrimination must fit their claims into an appropriate legal theory—as discrimination based on gender, a violation of family and medical leave laws, or another legal theory.  In addition, many municipalities throughout Pennsylvania have passed or are considering ordinances that would make it illegal to discriminate in employment, housing, and in some cases, public accommodations specifically based on sexual orientation, gender identity and marital status.   Will the state courts, the PA Human Relations Commission, or local Human Relations Commissions be able to enforce these laws if Pennsylvania’s constitution has been amended to require unmarried couples to be treated differently from married couples?  We do not know.  Passage of HB 1439 as a constitutional amendment could put all of these protections at risk since any person, company, or school could argue that their business is mandated to deny employment, hiring, and benefits to any person who is not married.

Civil Rights Denied, Reiterated

Last, but not least, exclusion, discrimination and inequality are not the principles this state was founded upon. This discriminatory “Marriage Protection Amendment” denies unmarried heterosexual, lesbian, gay, bisexual and transgender families the protections and fairness they deserve. Heterosexual married couples and their families are afforded more than 1,000 legal protections and economic benefits provided through state and federal law, benefits and protections that are currently inaccessible to unmarried couples.  Passage of this amendment would therefore subject same-sex couples and their families to exclusion, discrimination and inequality.

The proposed amendment could also take away existing legal protections for committed long-term couples and their children, such as second parent adoptions, cohabitation agreements, co-parenting agreements, wills, living wills, powers of attorney, etc., regardless of their sexual orientation.

Gay and lesbian Pennsylvanians are our neighbors, co-workers, friends, and family member.  They pay taxes.  LGBT people should not be bullied.  They deserve the same rights, protections, and responsibilities that all residents desire and have.

Let’s all work to stop this bill now!  So I’m once again recommending that you keep up-to-date on this horrible bill as well as other LGBTQ legislation at  Equality Pennsylvania’s website.

May 10, 2013

PA’s Dueling Marriage Equality and Gay Marriage Ban Bills

Logo of Freedomt to Marry, Inc.

“working to win the freedom to marry in more states, grow the national majority for marriage, and end federal marriage discrimination. ” http://www.freedomtomarry.org/pages/about-us

On April 15, Pennsylvania State Representative Mark Cohen (D-102 Philadelphia) introduced legislation (HB 1178) that would legalize civil unions and extend all state laws applicable to marriage to any civil union created anywhere and to any marriage performed and recognized outside of the state.  Less than one month later, on May 7, Pennsylvania State Representative Daryl Metcalfe (R-12 Butler County) introduced his legislation (HB 1349) to create a constitutional amendment defining marriage OR its “substantial equivalent” solely as a union between a man and a woman.

So we once again have a legislative dual going on in Pennsylvania between those that believe in equality for all and those that want to enshrine discrimination into the state Constitution.

Side 1: For Equality

What does Cohen’s bill do?  Very simply, it takes us on the path toward equality for lesbian and gays.  As Rep. Cohen says,

 “This bill would define a civil union as a union between two members of the same sex.  It would make all state laws applicable to marriage also applicable to a civil union.  The bill would also provide for reciprocity of civil unions performed legally in other states and the recognition of same sex marriage in other states as civil unions in Pennsylvania.”

Civil unions represent the middle-of-the-road compromise position between constitutionally banning and permitting gay marriages and have been embraced by both advocates for LGBT rights and a growing number of conservatives.

Nothing in this bill would require any religion or any clergyman to perform any ceremony uniting people in a civil union.  This legislation will merely offer committed gay couples the same legal rights that are bestowed upon married people without the status of marriage.”

I would prefer full marriage equality.  Just like all gay and straight couples in 10 states (plus Minnesota and Delaware if their legislatures pass their marriage equality bills as expected) already have.  And  just like the majority of people in Pennsylvania desire.

In a poll released on May 8 by Franklin and Marshal University, 54% of Pennsylvanians “generally” support while 41% “generally” oppose legalizing same-sex marriage.  In that same poll, 65% support passage of a state law that would allow same-sex couples to legally form civil unions that give them some, if not all, of the marriage rights given to heterosexual couples who marry.

This bill is a compromise.  It currently has 28 cosponsors and was referred to the House Judiciary Committee when it was introduced on April 15.

Side 2: For Discrimination

Meanwhile, Daryl Metcalfe has seen fit to once again try to enshrine discrimination into the state constitution.  It is a one-sentence amendment that has severe ramifications.  Here’s the constitutional amendment as written in HB 1349:

“Marriage is the legal union of only one man and one woman as husband and wife and no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.”

Metcalfe justifies this discrimination by invoking partisan politics, a right-wing encroachment on the separation of church and state, and a denial of the protections given to us under the US Constitution:

Pennsylvania does not need to wait for the United States Supreme Court to rule on what natural law already declares as self-evident … Marriage is a sacred bond that can only be fulfilled by one man and one woman, as established by God. Final passage of my legislation will allow state lawmakers to exercise their rightful responsibility and obligation to uphold the rule of law and the will of the people.

The definition of marriage as ‘the union of one man and one woman,’ defended and upheld by this legislation, is the traditional definition of marriage that has been recognized and accepted throughout history and the world for centuries. Neither homosexual special interests gathered under the immoral umbrella of the ACLU, nor the Obama administration’s Department of Justice or any activist court should decide this critical issue for our Commonwealth.  House Bill 1349 is specifically written to empower Pennsylvania voters, and only Pennsylvania voters, with the authority to decide how marriage will be defined in the Keystone State.

News reports indicate that Metcalfe may be on the downside of this battle and that combined with the aforementioned Franklin and March poll, there is now less support for this discrimination.  According to the Philly Magazine,

His support system is fleeting. In the last session, the bill had 40 supporters, but today [May 8], according to a rep from [Rep] Brian Sims’ office, there are only 27. And this is the first time it’s been introduced with zero Democratic backers. To top it off, his bill’s lackluster show of support comes on the heels of yesterday’s announcement that a record number of legislators on both sides of the fence sponsor[ed] legislation that ban[s] discrimination against LGBT people in the workplace and housing and public accommodations [emphasis in original].

Discrimination and inequality are not the principles Pennsylvania was founded upon.

Discrimination and inequality are not the principles this state was founded upon. Metcalfe’s discriminatory amendment, in contrast to Cohen’s call for equality and respect for recognizing loving relationships, denies unmarried heterosexual, lesbian, gay, bisexual and transgender families the protections and fairness they deserve.

Heterosexual married couples and their families are afforded more than 1,000 legal protections and economic benefits provided through state and federal law, benefits and protections that are currently inaccessible to unmarried couples.  Passage of Metcalfe’s amendment would therefore subject same-sex couples and their families to exclusion, discrimination and inequality.

Gay and lesbian Pennsylvanians are our neighbors, co-workers, friends, and family member.  They pay taxes.  LGBT people should not be bullied.  They deserve the same rights, protections, and responsibilities that all residents desire and have.

If the US Supreme Court declares this summer that marriage is a right across the country just like they did in Loving v. Virginia in 1967 (see my earlier blogs here and here on this issue) then we won’t need this interim step of civil unions and Metcalfe’s bill will immediately become moot.  A great way, in my opinion to end this duel.  In Pennsylvania and across the country.

So, let’s hope that the US Supreme Court overturns Proposition 8 this summer under the equal protection and due process protections given to us under the US Constitution’s 14th amendment and therefore—like Loving v. Commonwealth of Virginia in 1967—protect marriage rights for everyone. If they stop short of that, then let’s hope and advocate for the passage of Representative Cohen’s civil union bill.

Meanwhile, to keep up-to-date on these dueling bills as well as other LGBTQ legislation, check out Equality Pennsylvania’s website.