Voting Restriction Rulings in Just One Week

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I’m reblogging Nel’s New Day article on voter restrictions today.  It is an excellent commentary on the increasing denial of voter access and voter suppression around the United States. Nel has done a good job of summarizing the methods designed to reduce voter turnout, including gerrymandering, mandatory photo ids, reduced early voting, and elimination of same-day voter registration in states that had previously allowed this.

Another source for this information is The Brennan Center for Justice. It has an excellent report on the current status of voting and elections in the US. This report is titled “The State of Voting in 2014” and covers both the voter suppression issue as well as an increased access to the ballot in some states.

Sixteen states have passed laws increasing access to the ballot since 2012; eleven of these states’ new laws will be in effect on November 4. Interestingly five of these eleven “progressive” states — Illinois, Nebraska, Mississippi, Virginia, and West Virginia — also enacted more restrictive voter laws.  The most common forms of laws that increase access to the ballot include online voter registration and other methods to modernize voter registration (like being able to have your voter registration move with you) plus methods to increase access to early voting.

So read  Nel’s blog below and then head on over to the Brennan Center for Justice for more information.

And remember to get out and vote on Tuesday, November 4, 2014.

 

trp2011's avatarNel's New Day

Marriage equality didn’t stop for last weekend. Alaska, the first state to ban marriage equality in 1998, now legally recognizes same-sex marriage after U.S. District Court Judge Timothy M. Burgess of the U.S. District Court of Alaska issued his ruling. The Republican governor plans to appeal the decision to the 9th Circuit Court which legalized marriage equality in Nevada and Idaho last week.

Meanwhile, last week saw a rollercoaster of court decisions about voter suppression laws. In passing these laws, the GOP has openly declared that the reason for photo IDs required for voting is to keep Democrats from have their rights at the ballot box. With fewer than 31 fraud cases in over 10 years, the number of legitimate voters kept from voting has vastly increased.  Joy Dunn, 79, is an eligible voter who found out that new laws had disqualified her vote after her absentee ballot in March’s Arkansas…

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Scholarships? Miss America Pageant? What’s Up?

HBO’s Last Week Tonight with John Oliver aired a program on the Miss America Pageant and posted it to YouTube on September 21, 2014.  John’s question of the day: Is  the Miss America Pageant really the largest provider of scholarships for women in the country?  Here’s the video:

John Oliver makes some great points and raises several questions.  The two I like best are:

Is the Miss America Pageant telling the truth about the scholarships?

Depends on what you mean by “provide.”  And even that is stretching it.  The Miss America Pageant claims that they provide $45,000,000 in scholarships to women EVERY year.  Oliver was only able to come up with less than $4,000,000 after reviewing the national and 33 states’ Miss America Pageant’s federal non-profit Form 990 statements.  That’s less than 10% of the total the Miss America Pageant claims they give out.

So what does “provide” mean?  Apparently, it is a smoke and mirrors word.  The Miss America Pageant works with college admissions and finance offices throughout the country to set up scholarships that are given directly to pageant winners.  The winner of each contest will receive the scholarship if and only if she goes to one of the schools within her state (or anywhere in the country if she’s a national winner) that has an agreement with the Miss America Foundation for this scholarship award.  And here’s the kicker.  The Miss America Pageant adds up the value of EACH of these college’s scholarship and adds that amount of scholarship “money” to the “total” amount of scholarships provided (BUT not guaranteed to be distributed) each year.  Regardless of whether or not the scholarship is used!

Here in my home state of Pennsylvania, Oliver reports that there are four colleges that provide this scholarship – Delaware Valley College, Carlow College, Cedar Crest College, and Arcadia University. They are all small, private colleges located in the Philadelphia, Allentown, and Pittsburgh areas.

My thoughts on this.

First…Women don’t usually become Miss America contestants until after starting college.  I believe it is highly unlikely that a college Junior or Senior would transfer to a private four-year college in her last year or so just to get this scholarship.  Particularly if it is only a partial scholarship, if her area of study is  not offered by one of these schools, and if she knows that a transfer would require more time in school because of differing graduation course requirements set up by each school.

Second… No one can clone themselves  — even twins (I know. I’m a twin).  So if a woman should win a full scholarship and be willing to transfer to one of these schools, and be willing to extend her education to complete her education, how can the Pageant say that they “provide” four times the amount of funds to a winner that is never going to attend the other three schools (in the case of the Pennsylvania example).

Is this objectification of women appropriate?

Even if the Miss America Pageant was providing $45,000,000 in scholarships on an annual basis, is the objectification of these women appropriate?  Why do they have a focus on never having been pregnant? Why do they have a focus on never having been married?  Why are the women still being required to prance around in bikinis and high heels?  Looks to me like the Pageant is looking for a sex object who is also a virgin to be placed on a pedestal.

What do you think?

Does the Miss America Pageant objectify women?

Should the swimsuit and heals event be eliminated?

Should the Miss America Pageant change their scholarship advertising to be more accurate?

Alternative Scholarships

If you are interested in a scholarship program for women, why not look for one that doesn’t objectify women and distributes the money to women without the use of smoke and mirrors?

Here are the links to the women’s scholarship funds that John mentioned on air:
Society of Women Engineers: http://societyofwomenengineers.swe.org/
Jeanette Rankin Women’s Scholarship Fund: www.rankinfoundation.org
Patsy Mink Foundation: www.patsyminkfoundation.org

Stop Violence Against Women NOW diamond

PA Senate: Remove Preemptive Language Amendment on Domestic Violence Bill

Stop Violence Against Women NOW diamond

Stop Violence Against Women NOW

On March 12, I wrote a blog about the “Shenanigans in the PA Senate.” The day before my blog, the PA Senate essentially eviscerated a bill that makes it illegal for communities to evict a domestic violence victim from her home for calling 911 “too often.”  The Senate Local Government Committee gutted HB 1796 by denying local communities creating paid and/or unpaid sick leave ordinances which threatens victims of domestic violence with loss of their livelihood if they have to take off from work to protect themselves or their family members and cannot get paid or unpaid sick leave that goes beyond federal or state law.

Because of concerns raised by advocates, the Senate so far has not taken the bill to the floor for debate and a vote.  However, this morning, the Senate posted their floor calendar for Tuesday, September 16.  On the agenda is this bill for third and final consideration.  That means that it is likely to be voted on after some debate.

Over the last month, 157 individuals and human rights, anti-violence, public health, and legal services organizations signed onto a letter to the entire Senate calling on them to remove the preemptive employment leave language adopted in Senate Local
Government Committee and pass a clean bill as originally passed in the House.

Here is that letter; FYI, I am one of the signees:

HB 1796_Sign on Letter

Please take a moment and call your Pennsylvania State Senator and tell him/her to remove the preemptive employment leave language and pass a clean bill.  You can find your Senator’s contact information here.

Thank you.

The Rape Myth Problem Within the Judicial System

You probably have heard this before:
“She asked for it.” “She didn’t say no.” “She really meant ‘yes’ when she said ‘no.’” “She looks older than her chronological age.” “She [a minor] was as much in control of the situation as the defendant [her teacher when he raped her].” “Well, you know, this wasn’t this forcible, beat-up type rape.” “Even though she was drunk, she consented and knew what she was doing.” “Well boys will be boys; what else would you expect?” “She just ‘cried’ rape.” “It didn’t happen. She’s lying ‘cause she wants revenge.” “She could have prevented it if she… had only tried hard enough… had fought back more… etc.” These are all rape myth statements that have been heard in the courtroom as well as out in the public arena.
The flowing article was written by me for Pennsylvania NOW on their website.
This article gives an overview of problems in the judicial system when judges and others rely on this form of gender bias in their courtroom. Pennsylvania NOW posted the original of this article on August 31 and Central Oregon Coast NOW reblogged it. Thanks everyone for spreading the word about this problem and showing others what can be done to push back on this form of misogyny in the judiciary.

This Cringe Worthy Email From A Recruiter Shows The Daily Nightmare Faced By Women In IT

These type of comments are creepy, sexist and occur in all fields of occupation, particularly in non-traditional work. Cat calls are the most blatant. Ones like these that put down women for their brains that are also be accompanied by what she looks like are just as demeaning and are a from of sexual harassment, imho.  They create a hostile work environment based on gender.

College Students Create Nail Polish That Changes Colors When Exposed To Date Rape Drugs

This sounds interesting. Just one bit of additional information that doesn’t appear in this blog. According to the information on their donation page:
1. They are calling this product “Undercover Colors.”
2. This is a for-profit donation site. In other words, you can’t get a tax deduction for donating. But you do get the satisfaction of helping out should this product come to fruition.

picture of an empty seat at the table for Dr. Jones

An Empty Seat at the Table: In Memory of W. Terrell Jones

On Tuesday, August 19, I received a forwarded email from PSU Executive Vice President and Provost Nicholas P. Jones:

It is with deep sorrow that I’m writing to inform you that our colleague and friend, Dr. Terrell Jones, Vice Provost for Educational Equity passed away this morning.  Terrell had been on medical leave the last few months.  He will be greatly missed across the University not only for the impact of his contributions to Penn State, but also for simply the wonderful person that he was.  We will share with you the details regarding funeral arrangements as they become available.  Please keep Carla [Roser-Jones] and Terrell’s children in your thoughts and prayers.

This short note brought tears to my eyes and a great sense of loss. W. Terrell Jones was a civil rights advocate par excellence both in and out of work. He brought humor and caring to everything he did.

picture of Terrell Jones & Carla Roser-Jones

W. Terrell Jones (pictured with his wife Carla Roser-Jones). A Civil Rights advocate in and out of work.

I first met Terrell in the early 1990’s when I attended a meeting of the Centre County Advisory Council to the Pennsylvania Human Relations Commission (PHRC). Soon after that, I was appointed to this Council and served with Terrell up until his death. Until March of 2013, Terrell chaired the monthly meeting of the Advisory Council. His passion for low-income students of color, concern for community diversity and acceptance, and a love of knowledge was quite apparent.

He was a teacher, a counselor, a fountain of trivia on people and ethnicities across the country and around the world. And did his work—both paid and unpaid with a sense of humor and dignity. Here’s a sampling of his ability to teach with humor in the classroom; this is one of the many classes on race relations and cultural diversity that he taught over his 35 years of work at the Pennsylvania State University and one year at Lock Haven University.

On Thursday, August 21, I attended the bimonthly meeting of the Inter Agency Task Force on Community Activities and Relations in Harrisburg. According to the PHRC,

The task force is made up of [the] PHRC, the PA Attorney General’s Office and the PA State Police, working in conjunction with other state and federal agencies, community organizations, advocacy groups, local government and law enforcement agencies.  The primary function of the group is to quickly and appropriately address civil tension when conflicts occur, and to promote positive community relations among various groups in order to prevent tension.

The meeting was opened at 10:30 am by Tameka Hatcher, Program Analyst for the PHRC. We usually open these meetings by going around the table and introducing ourselves. This morning was slightly different. Tameka held up Terrell’s name plate and announced that he had passed after a four-month battle with cancer. She asked for a moment of silence and then asked Martin Kearney, Investigative Supervisor at the PHRC and me to say a few words about Terrell. We then placed the name plate at the table to honor our missing comrade.

picture of an empty seat at the table for Dr. Jones

An Empty Seat at the Table: In Memory of Dr. W. Terrell Jones

Here’s some of the accomplishments we talked about:

Local Ordinances

Terrell helped organize a community public forum on discrimination in housing and employment based on sexual orientation and gender identity about 8-9 years ago. Based on the feedback from that forum, the State College Borough decided to review their Fair Housing Ordinance that had passed in 1994 and decided to expand it as well as create an employment anti-discrimination ordinance in 2008. Working with the Centre County Advisory Council, Terrell and I worked with the town council to help craft the new ordinances that now contain the broadest anti-discrimination protections in the state. The employment ordinance includes marital status, familial status, family responsibilities, gender identity, and sexual orientation in addition to the state-level protections found in the Pennsylvania Human Relations Act. The public accommodations and fair housing ordinance includes marital status, familial status, gender identity, sexual orientation, and source of income in addition to the state-level protections of the Pennsylvania Human Relations Act.

Tension and Hate

Calming down communities when tensions rise due to religious, racial, gender, or LGBTQIA intolerance, vandalism, and/or hate speech was a forte for Terrell. He created trainings on racial equality, worked with groups to figure out how structurally and organically they could improve their communities to be more accepting and tolerant. He did this for the entire Penn State University community at all of the campuses, within Centre County and across the state. Working with Unity groups, the PHRC, and coalitions, he helped bring together people.

Statewide Leadership

At Penn State University

Seen as an expert on race relations and diversity, Terrell was often called upon to lead programs and organizations dealing with these types of issues. When he started his position as Vice Provost of Educational Equity in 1998, he created “A Framework to Foster Diversity.” According to the Centre Daily Times, this document is a regularly updated plan outlining Penn State University’s diversity and equity goals. As part of his leadership in this position, Terrell oversaw many different offices and commissions to achieve his vision of “an inclusive and welcoming environment for all.” These offices and commissions include:

Units and Programs

College Assistance Migrant Program
Educational Opportunity Center (Philadelphia)
Multicultural Resource Center
Office for Disability Services
Office of Veterans Programs
Student Support Services Program
Talent Search
Talent Search York
Upward Bound
Upward Bound Math and Science Program
Upward Bound Migrant

Commissions and Committees

Equal Opportunity Planning Committee
President’s Equity Commissions
Commission on Lesbian, Gay, Bisexual, and Transgender Equity
Commission on Racial/Ethnic Diversity
Commission for Women

And according to the PSU Office of the President, Terrell led other programs and events throughout his tenure at the University: “He served on the University’s Forum on Black Affairs for many years, and was its president from 1986-87. He also was chair of the Equal Opportunity Planning Committee from 1989-96 and Penn State’s Representative for the Global Sullivan Principles from 2000-2005.”

Community Leadership

As I previously stated, Terrell was appointed to and later led the Centre County Advisory Council to the PA Human Relations Commission for over 20 years. We met 10 out of the 12 months of each year and then held a family picnic for members every August. Our meetings brought together members of the community who act as the “eyes and ears” of diversity in the community. We gathered each month to discuss concerns about injustice and joys of acceptance of people of all backgrounds within Centre County.

Both of us also handled the Blue Pages phone hot line answering questions about unfair treatment and potential discrimination.  As appropriate we gave these individuals information on how to contact the PHRC to file a complaint and/or provided on other resources to assist them in resolving their issues.

Over the years, several different representatives from the Pennsylvania Human Relations Commission would attend these meetings so that we could pass on the news – both good and bad – to help the state monitor issues of inclusion and tension throughout the state.

We also had a good time, always looking forward to Terrell’s “main dish” offerings at our picnics. He fed us with fried turkeys, roasted pork, and tons of catfish over the years – all his own handiwork!

Terrell was also active in his local church – the Jacob Albright-Mary McLeod Bethune United Methodist Church. I understand that he was one of the leaders of this church, having served from 1990 until his death as a member of its Administrative Council. At the funeral, Reverend Kathleen Danley described his leadership by telling about her arrival at the church this past January. She said that members of the church seemed very tense or sad about their former preacher’s departure. Until Terrell arrived. She said with his arrival, the tension left the room and everyone felt better and got to work. Having that kind of presence is rare.

Leadership across the Commonwealth

Terrell also brought his wisdom and expertise to all corners of the Commonwealth. I asked Martin Kearney, the Investigative Supervisor for the Harrisburg Regional Office of the Pennsylvania Human Relations Commission to put this part of Terrell’s leadership into perspective. Here’s the email he wrote in response:

You asked me about Terrell’s work with PHRC.  I have had the pleasure to have worked with Terrell for nearly a decade when he was Chair of the PHRC Advisory Council for Centre County.  Other colleagues, such as Homer Floyd, Kaaba Brunson, and Ann Van Dyke have known and worked with Dr. Jones for three decades or more.  I am grateful I had the opportunity to learn from him and his work.

Essentially, from the state standpoint, Terrell was key in helping make PSU a more welcoming place for persons of all protected classes, particularly but not exclusively students of color, in his career.  He kept the PHRC apprised of these efforts, especially in regard to academic achievement and safe learning environment for these students.  His work in the vineyard has borne fruit, but as we know, more labors need to be made to make education more accessible and affordable for students in need.

Terrell was active with the Pennsylvania Black Conference on Higher Education (PBCOHE) [he served as its President from 2008-2010], which attempted to get all universities in the Commonwealth, public as well as private, achieve equal education opportunity for students of color.  Our Commission was very active in this initiative as well and Terrell’s work helped to increase the numbers of students of color going to college and successfully graduate.  He was also key in helping to investigate and resolve tension situations related to race and ethnicity not only at PSU but on other campuses as well.  For instance, he led an investigation in 2007 at Bloomsburg University campus involving allegations of excessive force and misconduct by campus police toward African American students.  He conducted this investigation with skill, transparency and thoroughness, recommending better communication between students and police and cultural competency training for campus police.

Terrell’s presence in Centre County was well known, especially in his and the Advisory Council’s efforts in State College Borough’s consideration and passage of the Fair Housing (1994) and Human Relations Ordinances (in 2008), efforts of which you know so well (since you were so key in both of these), which had expansive protections beyond Commonwealth law for sexual orientation, marital status and family responsibilities.  Through the work of Terrell and the Council, relationships were built, to create a constituency that supported these ordinances.  It is notable that when the Fair Housing Ordinance was passed, there was [a large and very] vocal opposition to it.  The opposition to the expanded Human Relations Ordinance over a decade later was not only much smaller but much less vocal.  It was consciousness raising of our growing notions of equality, led by Terrell and the Council, that helped to foster this change.

Finally, Terrell not only knew issues of diversity and equality, he knew this state very well.  He pored over the bias reports that the Commission created, reported incidents of which he knew, but also added a historical perspective of these incidents for our state and nation.  In my dealings with him, I always walked away having learned something of value, lessons I carry in my work to this day and which our Commission carries on as well.

A place at the table for our Commission’s Inter-Agency Task Force is missing.  While none of us can fill this space that he leaves, his spirit and the knowledge he passed on will continue for decades to come.

The Farewell Tribute

At Terrell’s funeral on Saturday, August 23, the love for Terrell showed throughout the church. It was overflowing with people. The vestry was full. The room across the hall from the vestry was full. And those who couldn’t find seats in either of these rooms went downstairs to the reception hall. Fortunately all of us got to see the service since the church provided video access to the full service. I think the “Affirmation of Faith” affirms Terrell’s life-long passion for equity and justice. In part, here’s what was proclaimed

Affirmation of Faith by Canaan Banana (edited by Rev. Grey)

I believe in an almighty God

Maker of all people of every color and hue,

Who does not rank people according to their color or gender,…

Who provide[s] abundant resources for

Equitable distribution among all people….

[Who] overturns the iron rule of injustice.

From henceforth He shall continue to judge hatred, racism, sexism,

And every manner of dehumanizing exclusiveness and arrogance.

I believe in the properly placed spirit of reconciliation,…

The Power that overcomes the poverty, abject ghetto life,

Abject rural life, drug and alcohol addiction,

women and children abuse, and pimping, prostitution, and pushing in all of their forms.

And I believe in the … Resurrection of personhood

And equalizing justice, and equality…

Amen

 

Terrell, we’ll miss you at the table of equality and justice for all. You will be missed greatly. Rest in peace my friend.

 

Addendum: According to the obituary that appeared in the Centre Daily Times on August 21, the family has requested that in lieu of flowers, memorial contributions may be made to the Albright-Bethune United Methodist Church, P.O. Box 153, State College, PA 16804 or to the Dr. W. Terrell Jones Scholarship Memorial Fund at the Pennsylvania State University, by visiting www.GIveNow.psu.edu/TerrellJonesMemorial.

Protests Might Make a Difference – Stop the Brutality

Racial Brutality. Injustice. This all must stop.
I think it’s way past time for every police department in this country to look at the racial, gender, and sexual orientation make-up of their law enforcement team. Unless the team truly look like, experience and understand the people they serve, this type of brutality will continue.

trp2011's avatarNel's New Day

Ferguson, Missouri, is a suburb of St. Louis. Two-thirds of its population of 21,203 is black, but four out of five city council members are white. The black superintendent of schools was forced out for unknown reasons last November and replaced by a white man. Of the 53 police officers, 50 are white, yet blacks account for 93 percent of the arrests.  Of the 54 police officers, 52 of them are white. As Rachel Maddow pointed out in this video, the police officers’ prejudice against people of color in this town has been rampantly open for many years. The situation came to a tipping point four days ago when a town police officer killed Michael Brown, an unarmed teenager, possibly by shooting him in the back ten times.

When people gathered in protest after the teenager’s killing, police fired tear gas at them, sometimes when people were standing in their…

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New Federal Guidelines On Pregnancy Discrimination Align with Pregnancy Discrimination Act

I received an email today from Pennsylvanians for Choice. They requested that we publicize a news article from the Feminist Majority.  It is an article that summarizes new federal guidelines on pregnancy discrimination law related to women’s employment.  Here it is:

Picture of woman talking to her employer about work expectations

Women and Employment

The Equal Employment Opportunity Commission (EEOC) updated its pregnancy discrimination guidelines this week for the first time in over 30 years. The new language reiterates the policies outlined in the Pregnancy Discrimination Act (PDA) and classifies discrimination against pregnant employees as a form of sex discrimination.

The guidelines were approved 3-2 Monday. The guidelines make it clear that an employer cannot discriminate against a worker based on pregnancy, childbirth or any related medical condition. They also disallow discrimination against someone based on whether or not they have been pregnant in the past, or want to get pregnant in the future.

“Pregnancy is not a justification for excluding women from jobs that they are qualified to perform, and it cannot be a basis for denying employment or treating women less favorably than co-workers similar in their ability or inability to work,” EEOC Chair Jacqueline A. Berrien said in a press release this week. “Despite much progress, we continue to see a significant number of charges alleging pregnancy discrimination, and our investigations have revealed the persistence of overt pregnancy discrimination, as well as the emergence of more subtle discriminatory practices.”

In a Q-and-A section on the EEOC’s site about pregnancy discrimination, the Pregnancy Discrimination Act is explained as banning employers from firing, refusing to hire or demoting a woman if pregnancy, childbirth or any related condition was the reason for the action. The EEOC guidelines were released in part for those who may not have been aware of the cited federal laws, in order to make the requirements better understood and known.

“I think it will make a really big difference,” Joan C. Williams, a law professor whose work is cited in the EEOC’s new guidelines, told the Associated Press. “This is also the direction the courts have begun to go in, and that’s why the EEOC said, ‘Yeah, that makes sense.'”

Pregnancy discrimination complaints in the US increased by 71 percent between 1992 and 2011. Many women nationwide, especially those in low-income jobs, are forced to take unpaid leave or leave their jobs altogether during their pregnancy. Almost two-thirds of first-time mothers work while pregnant, including 90 percent of those mothers who work into their last two months of pregnancy. The Pregnant Workers Fairness Act, a piece of national legislation currently stalled in Congress, would update and strengthen the Pregnancy Discrimination Act to ensure that pregnant women are not denied necessary accommodations at work.

Media Resources: Associated Press 7/16/14; NPR 7/16/14; US Equal Employment Opportunity Commission 7/14/14; Feminist Majority 10/31/13; Feminist Newswire 2/3/14

Copyright 2014 Feminist Majority Foundation 1600 Wilson Boulevard, Suite 801 Arlington, VA 22209 703-522-2214 (Phone) 703-522-2219 (Fax)

NOW Public Censure Statement re: G. Todd Baugh

Today at 1:00 p.m. MDT, the Montana Supreme Court held G. Todd Baugh’s public censure hearing in Helena Montana. Here’s a video of the entire hearing, courtesy of the Billings Gazette.

 

We were one of the complainants who filed a Judicial Conduct complaint against Baugh last fall. We were in court  today to tell Baugh, the Supreme Court, and the country why we filed the complaint and what we thought of Baugh’s actions as a sitting judge who was supposed to fairly mete out justice for all.

Unfortunately Montana NOW and Pennsylvania NOW were not allowed to speak about our concerns before the Court. We had expected to deliver these comments publicly. Since we were unable to speak them, we sent our statement directly to Baugh.  We have also let the press know that this statement is available on this blog.

The following is our official statement:

Stop Violence Against Women NOW diamond

Stop Violence Against Women NOW

Mr. Baugh:

We are Marian Bradley and Joanne Tosti-Vasey, representing, respectively Montana NOW and Pennsylvania NOW, state chapters of the National Organization for Women. We are one of the eight sets of complainants that filed an ethics violation complaint against you, Mr. Baugh.  We believe you mishandled this rape case and as a result you impugned the judiciary.  Your statements blaming the victim and your failure to follow state law in sentencing Stacey Rambold were outrageous and unconscionable.

We filed this complaint on behalf of men, women, and children in Montana as well as men, women, and children across the country.  We believe that it is long past time for Montana’s authorities to protect the right-thinking citizens of and visitors to Montana from sexual predators rather than freeing those predators so that they can rape again.

We represent the more than 250,000 people around the world who called for your resignation or removal and the 350 sexual assault survivors who signed a letter calling for your removal. When we filed our complaint to the Judicial Standards Commission on September 24, we included copies of the petitioners’ names, the sexual assault survivor letter and copies of two news articles condemning your actions.

On Monday, August 26, 2013, you sentenced confessed child rapist Stacey Rambold to only 31 days in jail for that offense.  You justified that slap-on-the-wrist sentence by commenting, incredibly, that the 14-year-old child victim – two years under the legal age of consent – was “as much in control” of the rape as her 49-year-old teacher because, according to you, she was “older than her chronological age.” You then attempted to justify this sentence by telling the press that this rape “was not a violent, forcible, beat-the-victim rape, like you see in the movies.”

Mr. Baugh, your victim-blaming, rape-trivializing, rapist-protecting comments and actions come less than a year after the United States Department of Justice was called in to address civil rights violations and rape victim-blaming by the University of Montana, Missoula County and Missoula City authorities over many years.

Our complaint raised three ethical issues that we believed you violated.  The issues we raised were:

That you did NOT act at all times in a manner that promoted public confidence in the independence, integrity, and impartiality of the judiciary, and that you did not avoid impropriety and the appearance of impropriety (Rule 1.2);

That you did NOT uphold and apply the law, nor did you perform all duties of your judicial office fairly and impartially (Rule 2.2); and

That you in the performance of your judicial duties, by your words as well as your conduct, showed manifest bias or prejudice against the victim based upon her race, sex, gender, age, and socioeconomic status (Rule 2.3).

The Judicial Standards Commission found that you violated the ethical issue of impropriety. The Montana Supreme Court in overturning your 31-day sentence of Rambold on April 30 essentially found that you violated the second ethical issue by failing to uphold and apply the law. And when the Montana Supreme Court overturned this sentence, they ordered this case to be reassigned to a new judge because your statement at trial evidenced bias against the victim.  That essentially means you also violated our third complaint of showing bias against the victim – a young, Hispanic, lower-income girl.

You used three different rape myths to justify your actions. By doing so, you used a form of gender bias that destroyed the integrity of the judicial process and contravened Montana law. Rape myths are forms of gender bias that have no place in a justice system that strives to provide an impartial forum for all participants.  As the Honorable Justice Sandra Day O’Connor said in 1994, “When people perceive gender bias in a legal system, whether they suffer from it or not, they lose respect for that system, as well as for the law.”

What did you do?  You blamed the victim for the rape. You invoked the belief that this wasn’t “real” rape because it did not involve physical violence. And you invoked the myth of girl provocateur, also known as the Lolita Effect, to deny the power and control a teacher has over his student.

You relied on these rape myths to impose your sentence against Rambold. You trivialized the act of rape by stating that the crime was not a “forcible, beat-up rape.” By doing so you downplayed the fact that a teacher took advantage of and sexually assaulted a girl under his power and control. You blamed the victim by claiming she had control over the rape.

This young girl, Cherice Moralez, experienced such psychological and emotional damage that she ultimately died by suicide even before the case came to trial.  Your statements about the victim being as much in control of the situation as Rambold and then giving a slap-on-the-wrist sentence to Rambold is insupportable as a matter of fact and law, given her age and vulnerability.

Children and adolescents are vulnerable to coercion and social pressure by adults and figures of power. Your use of these rape myths diminished and made invisible a young vulnerable girl. Your statements result in a chilling effect on other victims of sexual assault. It also places a chilling effect on the public and others within the judicial system. If we are unable to trust and rely on the justice system to properly weigh the relevant factors in addressing sexual assaults, we all lose confidence in the integrity of the judicial process.

We would have preferred that the Montana Judicial Standards Commission and the Montana Supreme Court had immediately removed you from the bench so that you could no longer impugn the integrity of the court and return the court in Yellowstone County to a full sense of fairness for women, children, and other victims of domestic and sexual violence.  Instead they chose to give you a similar 31-day “sentence” that you gave to Stacey Rambold.  In his case, it was 31 days in jail with one day suspended; in your case it’s 31 days without pay. We accept that decision. However we are concerned that as long as you remain seated on the bench that the public in Montana, around the country and throughout the world will continue to question the fairness and integrity of the judicial system in Montana.

We therefore suggest that not only do you fully accept today’s censure and the suspension, but that you also apologize for your actions to Cherice’s mother and all victims of sexual and domestic violence and that you immediately either step down or recuse yourself from all future cases handed to you. Enough is enough. Your actions in our opinion require these responses from you.