Charlottesville White Supremacists Are On the Wrong Side of History | National Organization for Women

Source: Charlottesville White Supremacists Are On the Wrong Side of History | National Organization for Women

Statement of NOW President Toni Van Pelt

08.12.2017
Picture of Toni Van Pelt.

Toni Van Pelt, President of the National Organization for Women

The white supremacists who launched a brutal protest against the city of Charlottesville, Virginia’s plan to remove a statue of Confederate general Robert E. Lee must be held to account for their violence and hate speech, says Toni Van Pelt, president of the National Organization for Women (NOW).

“Robert E. Lee was on the wrong side of history and so are the Charlottesville racists,” says Toni Van Pelt. “The majority of Virginia voters—like the majority of voters across the U.S., voted for the presidential candidate who defended inclusion over intolerance, healing over division and fairness over bigotry. NOW stands with our courageous sisters and brothers in Charlottesville, who are standing strong against hate and violence.”

NOW has always been committed to eradicating racism. In NOW’s original Statement of Purpose, the group’s founders wrote, “We realize that women’s problems are linked to many broader questions of social justice; their solution will require concerted action by many groups. Therefore, convinced that human rights for all are indivisible, we expect to give active support to the common cause of equal rights for all those who suffer discrimination and deprivation.”

Today’s violent march follows an evening “Unite the Right” rally at the University of Virginia where hate-filled rhetoric from Ku Klux Klan members and other alt-right activists was directed at African Americans, immigrants, and Jewish people.

Charlotte Gibson, president of Charlottesville NOW, said, “The white nationalists, neo-Nazis, armed militias and alt-right extremists who came to Charlottesville and tried to hijack democracy today will not succeed. Their rhetoric is never acceptable in a civilized society, and their embrace of violence must never be tolerated.”

“Donald Trump’s personal reliance on the language of confrontation, combat, and intolerance has alarmed us all in recent days,” says Toni Van Pelt. “Trump may be sending signals and cues to those who would harm peaceful protesters, but the people of Charlottesville are standing up to Trump-inspired bullying and inspiring us all.”

Contact

M.E. Ficarra, press@now.org, 951-547-1241
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Colina L. Fischer Jordan Seeley – My Feminist Activist Partner 1928-2017

Picture of Colina Jordan Seeley sitting on her back porch.

Colina L Jordan Seeley. Photo courtesy of the family as posted at http://www.rouppfuneralhome.com/notices/Colina-Seeley

On Sunday, July 30 I received an email that my close friend Colina Jordan Seeley had died in Wilkes-Barre, PA from complications of a stroke.  She was an 89-year old fireball.  An activist, a fighter for social justice, a social worker, mother, wife, and a life-long fighter for the rights and safety of all. A real feminist.

She was born in Utrecht, The Netherlands a year after my mother was born.  By the time she was 12, she had become a fighter for the underdog; one of her first acts was becoming a part of the Nazi Resistance in the Netherlands.  Her family told this story in her obituary that came out today – a story she often said to me.  The only part she left out in her storytelling to me was that she was the one that convinced her father to go into hiding. Here’s a clip from the obituary:

She was born in Utrecht, the Netherlands on 7 May 1928.  She grew up in an academic household where her father was [a] professor of anthropology at [the] University of Utrecht, and her mother was a history and geography teacher. 

When the Nazis took over the Netherlands, her father was called in to explain why he no longer taught.  He said that the Dutch students had mostly evaporated and all that was left was Nazi sympathizers.  When Colina heard this story that evening, at age 12 she instantly saw that the Nazis would be coming to pick him up, and made such a scene that her father reluctantly went into hiding that night.  The next morning the Nazis were at the door to pick him up.  Colina became the mainstay of the family consisting of the other 5 children and her not very functional mother.  Colina was the person who scrounged for tidbits of food and coal.  She cooked in the back yard over a tin can.  As a small girl with long blonde braids, she was able to hoodwink the Nazis and lead off men out of the groups being marched to Germany to work in the factories there.

Here’s a bit more to that story.  Colina told me that she helped lead these men away from the Nazis after they crawled through a hidden hole at the back end of the Gymnasium (school) into a safe house that abutted the back of the school. She would go each day and walk the escapee away from the area pretending to the Nazi’s that her “uncle” was so drunk he couldn’t talk and tell them she was taking him home to his wife and kids.

Another story she told was about her food scrounging adventures.  Apparently, the Nazis had food and milk trucks that rumbled through town on a regular basis.  As a young teenage girl she was able to get near these trucks, and when the Nazis backs were turned, she’d grab milk off of the trucks and run.  A dangerous activity, but she got away with this too.

BTW, she didn’t see or hear or know where her father was throughout the war because the family feared that if the children knew of his whereabouts they might have been tortured to tell.  He came home safely at the end of the war.

After the war, Colina came to the US and obtained a Master’s degree in Social Work.  She married Joseph Jordan whom she met at the University of Minnesota. The moved to State College where they raised their four children – Saskia, Sharon, Naomi, and Adlai.  Joseph died in August 1992, and she married Ralph Seeley in April 2004.  ,

She continued her activism here in the states. Among the things I know that she accomplished were:

  • Successfully advocating for low-income people with mental health issues.
  • Providing mental health care as the sole practitioner in the Penns Valley area of Centre County. For those that don’t know the area, it’s a rural farming community with a large Amish population. I believe her work in Penns Valley also helped foster her love of nature and the work of the Clearwater Conservancy.
  • Forcing the local Elks Club in Boalsburg to open up membership to people of color. She did this by contacting John W. Oswald in 1970 right after Penn State University announced that he was going to be the new University President.  She pointed out to him that his welcoming party was planned at the racially segregated Elks Club in Boalsburg.  He agreed with her that this was wrong and notified the University that he wouldn’t step inside the club as long as this policy continued.  The venue changed, and soon the policy was too.
  • Starting the first NOW (National Organization for Women) chapter and the local women’s domestic violence and sexual assault center in Centre County in the early 1970s.  The Women’s Resource Center is still going strong today. And Colina remained a member of NOW until her death.
  • Using her love of storytelling, she also became active in the Bellefonte Historical and Cultural Association towards the end of her life.  She thought up and helped create our Out Loud program. This program highlights local poets, poetry, and local storytelling.

I moved to Centre County in 1981.  She was one of the very first people I met. That was at a NOW meeting. We crossed paths on an irregular basis until 1991 when I, along with Colina and a couple of other women founded Ni-Ta-Nee NOW, the current local chapter of the National Organization for Women.  She became my activist, feminist partner in crime.  We spent time listening to each other, traveling to rallies and protests, and organizing actions to improve the lives of women, LGBTQIA, and people of color here in Happy Valley and at Penn State University.

My favorite memory was setting up a protest ladder on Old Main Lawn with her in September of 1992. The day before President George Bush came to campus to speak for his second run for office, she and I brought in a ladder and a banner and laid them on the ground about halfway up the lawn near the area where the general public was going to be admitted.  Our plan was to set up the ladder and put some broken dolls on the ladder with a sign saying something about his lack of support for early childhood care.

The next day we got there, picked up the banner and the ladder. We then set up the ladder with the baby dolls. Almost immediately, a Secret Service agent came up and confiscated the ladder saying it was a “safety hazard.”

So throughout the rest of the rally, we held up our eight foot-wide “Four More Months!” banner along with the baby dolls.  It was the ONLY sign in the rally protesting Bush’s policies; every other protest sign, including our childcare sign, had been confiscated by the gatekeepers on the way onto the Lawn.

We returned the next day and picked up the banner and the ladder. We then set up the ladder with the baby dolls. Almost immediately, a Secret Service agent came up and confiscated the ladder saying it was a “safety hazard.”  So throughout the rest of the rally, we held up our eight foot-wide “Four More Months!” banner along with the baby dolls.  It was the ONLY sign in the rally protesting Bush’s policies; every other protest sign, including our childcare sign, had been confiscated by the gatekeepers on the way onto the Lawn.

So throughout the rest of the rally, we held up our eight foot-wide “Four More Months!” banner along with the baby dolls.  It was the ONLY sign in the rally protesting Bush’s policies. Every other protest sign, including our childcare sign, had been confiscated by the gatekeepers on the way onto the Lawn.

The press soon found out about this confiscation and broadcast the news as a violation of Free Speech – courtesy of Colina and myself.

Afterward, we went up to the Secret Service agent and asked him what they had done with Colina’s ladder.  The Secret Service agent looked shocked and said to Colina, “It’s your ladder!? I can’t believe an old lady would bring a ladder here!”  He obviously didn’t know Colina!  At that time she would have been 64 years old. He then smiled, told us where they had put it, and we picked it up.

Colina, you’ll be missed.  My condolences to your entire family.  And for those wanting to hear more about Colina and her life, the family is holding a memorial service sometime in September at the Unitarian Fellowship in State College.  Instead of flowers, donations can be made in Colina’s name to any organization of which she would approve, many of which are listed here in this blog.

Farewell, my dear friend.

Women’s Vote Can Change the World

Today is Women’s Equality Day. This blog says it all. Women’s history. Voting Rights. And the Equal Rights Amendment which states:

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

 

Ninety-six years ago today, women won the right to vote with the addition of the 19th Amendment to the US Constitution. It’s now time for full equality. Women rights must be added to the US Constitution. Pass and ratify the Equal Rights Amendment.

Nel's New Day

Pickets-Women-White-HouseMy mother was born on November 12, 1899, just ten days too late to vote the United States legalized the vote for women. After 72 years of ridicule, imprisonment, forced feedings, and other forms of opposition to women gaining their full citizenship rights, the 19th Amendment to the U.S. Constitution passed on August 18, 1920—thanks to one state legislator from Tennessee who followed his mother’s advice. Secretary of State Bainbridge Colby signed the proclamation after the certified record from Tennessee arrived at the capitol.

it's a woman's worldIn the first election, only nine million women, about 35 percent of those eligible, voted, compared to almost twice as many men. Public sentiment followed one of the headlines about the event: “Is suffrage a failure?” For the next 45 years, black women in the South joined black men to eliminate literacy tests, poll tests, and other voter suppression activities. Since 1980, however, women…

View original post 1,270 more words

Cyberstalking and Online Threats

For the last month or so, I’ve been blogging about cyber bullying and harassment.  These blogs have focused on the posting of nude pictures of women without their consent by Penn State University’s Kappa Delta Rho fraternity, legislative proposals to deal with rape culture in cyberspace,and an announcement about a Congressional Hearing on cyber stalking.

These blogs are based on my work with a coalition of people concerned about online threats targeting mostly women and girls.  The participants in this coalition include members, professionals, and leaders at The National Task Force to End Sexual and Domestic Violence Against Women, the National Coalition Against Domestic Violence, the National Organization for Women, and the National Council of Women’s Organizations.

Last week, the Congressional briefing I posted about was seen by about 2,300 people via a live Twitter feed. This briefing was held by in coordination with The Victims’ Rights Caucus (Representatives Judge Poe (R-TX) and Jim Costa (D-CA), co-chairs) and Representative Katherine Clark (D-MA). Panelists included

  • Michelle Garcia, Director of the Stalking Resource Center;
  • Zoe Quinn, Video Game Developer and Co-founder of Crash Override;
  • John Wilkinson, Attorney Advisor at AEquitas: The Prosecutors’ Resource on Violence Against Women; and
  • Danielle Keats Citron, Professor at the University of Maryland School of Law and author of Hate Crimes in Cyberspace

This coalition of women’s organizations created and has now distributed a one-page flyer highlighting the problem of cyber stalking and online threats that mostly target women.  Here’s a photograph of that flyer.

photograph of the Fact Sheet on Cyberstalking and Online Threats

Fact Sheet on Cyberstalking and Online Threats

If you’d like a pdf version of this flyer, you can download it with this link: Cyberstalking-and-Online-Threats

Congressional Briefing on Cyber Stalking Announcement

picture of a sign that says "Stop Hate Crime"

Stop Cyber Bullying and Stalking

The National Task Force to End Sexual and Domestic Violence,

The National Organization for Women

and

The National Council of Women’s Organizations

Invite you to a Special Briefing

 Cyberstalking and Online Threats

 Wednesday, April 15, 2015

10:00 a.m.

2237 Rayburn House Office Building, Washington, DC

 In coordination with The Victims’ Rights Caucus (Representatives Judge Poe (R-TX) and Jim Costa (D-CA), co-chairs) and Representative Katherine Clark (D-Mass)

Presenters Include:

Michelle Garcia, Director of the Stalking Resource Center

Zoe Quinn, Video Game Developer and Co-founder of Crash Override

John Wilkinson, Attorney Adviser at AEquitas: The Prosecutors’ Resource on Violence Against Women

Danielle Keats Citron, Lois K. Macht Research Professor and Professor of Law at the University of Maryland Francis King Carey School of Law and author of Hate Crimes in Cyberspace

For information and to RSVP:  Rachel Graber at rgraber@ncadv.org, (202)467-8714

 * Interested advocates who can’t attend the meeting can watch a live stream via twitter.  On Wednesday morning at 10 a.m., tune into the National Center for Victim’s of Crime’s twitter site @CrimeVictimsOrg. Go to the link in the post that says #Periscope and click on the random letters and the video should appear.

For folks who do not use Twitter, go to www.twitter.com and follow the instructions on the website to create an account. Once you have logged in, type @CrimeVictimsOrg into the search box in the upper right corner to find NCVC’s page. Each Tweet is similar to a Facebook post, but the number of characters are limited. Click on the link in the post that says #Periscope to view the video. Do NOT click directly on #Periscope; the link you want to click on is the string of random characters following the word.

 

Thanks to Pat Reuss, who works for both the National Task Force and NOW for forwarding this information regarding the briefing and for her work with members of NOW, the National Coalition Against Domestic Violence, the National Council of Women’s Organizations, and the National Task Force to End Sexual and Domestic Violence that are helping to spread the word about cyber stalking and bullying of women and who are advocating for improved legislation and law enforcement to end this form of abuse against women and girls.

The Women’s Movement Is for Everyone

Feminism is for Everyone

Credit: Art Crimes on Flickr, under Creative Commons

This is Women’s History Month.  And today is International Women’s Day.

In celebration of these two events, Women’s eNews Commentator Mary S. Hartman wrote an article entitled “This Women’s Movement, Now, Is for Everyone | Womens eNews.”

In this article, she links Betty Friedan’s views on the early days of the National Organization for Women and the Feminist movement to today’s movements and actions.

In her 2002 interview with Hartman, Friedan was asked what she envisioned the women’s movement to look like mid-century.  She said,

Well, I hope that by then our focus will not long have to be on women as such, or women vis a vis men… [that] we will have achieved what at the moment we seem to be achieving — real equality between women and men.

Friedan then went on to say that we needed “something larger,” namely a “people’s movement” with “diverse leaders of both sexes acting together and championing not just women’s rights but civil rights, unions, youth movements and more.”

I believe we are moving in that direction with coalitions, with the Occupy and Ferguson movements, and with people coming together on social media to raise our collective voices for civil rights.

What do you think? Read Hartman’s article and then comment.

Happy International Women’s Day and Women’s History Month!

It’s a Black and White Issue

overturn_hobbylobby_ruling_now.jpg

Show your support for overturning the Hobby Lobby Ruling

Women have rights. It is a black and white issue. Show your support for overturning the Hobby Lobby decision by the US Supreme Court

Rally near your nearest Hobby Lobby protesting this decision. Here’s a link to the Hobby Lobby’s “Store Locator.” Your local NOW chapter may also be participating in a local action. 

Wear Black and White on July 5.

Women Have Rights. It's black and white issue.. Show your support this July 4th. Wear black and white or red and blue.  Change your profil picture to a black and white one. Keep your pic up until August 26.

Women Have Rights. It’s a black and white issue.

And turn your profile picture or banner on all of your social media sites black and white through August 26; this is the anniversary of women’s right to vote being placed into the US Constitution.

Thanks for your support of this action continuing to oppose the War on Women.

Montana! Again! More Victim Blaming

Stop Violence Against Women NOW diamond

Stop Violence Against Women NOW

In several earlier blogs, I’ve written about the minimal sentence given to convicted rapist Stacey Rambold. This sentence was overturned by the Montana Supreme Court at the end of April. The case was remanded back to Yellowstone County District Court to a new judge for resentencing for a minimum of two years. At the end of last week, Rambold’s attorney, Jay Lansing, appealed the decision calling for a rehearing in the case. And what was his argument? “It was her fault.” In other words, more victim-blaming.

Attorney Jay Lansing is appealing the MT Supreme Court’s decision to re-sentence Stacey Rambold for raping Cherise Morales, a 14 year old student he taught at the high school. She later died from suicide.

Lansing said in the appeal filed with the Court on May 14:

In the Opinion in this case … the Court held that Judge Baugh’s statements reflected an improper basis for his sentencing decision. Specifically, the Court stated that consideration of any control that C.M. could have had of the situation is directly at odds with the law which holds that a youth is incapable of consent and therefore lacks any control over the situation; and that there was no basis in the law for the District Court’s distinction between C.M.’s chronological age and the District Court’s perception of her maturity.

Mr. Rambold interprets this ruling by the Court to mean that a sentencing court may not consider the victim’s role in the offense, the victim’s level of participation in the offense, or the victim’s actual consent in determining a reasonable sentence for a defendant.

Mr. Rambold contends that such a decision is in direct conflict with [previous decisions] where the Court stated the established rule that a sentencing court may consider any relevant information relating to the nature and circumstances of the crime, the defendant’s character, background, history, and mental and physical condition, and any other information that the court considers to have probative force.

Lansing then goes on to say that his argument “is not ‘victim blaming.’”

I completely disagree with this. Lansing, just like Judge Baugh, minimizes the rape of C.M. He says that Cherise knew her teacher and accepted his advances, and that this isn’t as “bad” as stranger rape. He suggests that the court should consider a victim’s “role, level of participation, or consent” [emphasis added]- in a crime against the victim. This truly flies in the face of the law and absolutely is victim blaming. To compound this upside down view of the law, he then goes on to present two hypothetical situations — one  between a 19 year old and his 14 year old “girlfriend” and a second one dealing with stranger rape.

Lansing then concludes that Rambold and Cherise share the blame for the rape. He seems to say that the circumstances surrounding this rape of a minor to her teacher’s advances isn’t all that bad and therefore no change in the original sentence should be made.

He states:

One point that must be clearly stated and emphasized is that there is a distinction between consideration of C.M.’s role and participation as a defense to the charge and consideration of C.M.’s role and participation in determining a reasonable and appropriate sentence. … C.M.’s role, level of participation, and consent are relevant information relating to the nature and circumstances of the offense and are to be considered in fashioning a reasonable sentence.

In justifying his victim blaming, Lansing uses this truly twisted argument that is nothing but victim blaming. Yes, a court may consider relevant evidence for purposes of determining guilt or sentencing. But then to say that the blame is shared and therefore the rape is, in some sense justifiable, is outrageous and appalling.

Judge Baugh’s original victim-blaming comments were bad enough. Just like Baugh, Lansing uses similar rape myths in his argument to the Court. He first blames the victim (while denying this in the same breath). Then he goes on with his hypothetical relationship and stranger rape examples to imply that this rape was non-violent—thus using the myth of the Nonviolent Rapist and Implied Consent to justify the minimal sentence given to Rambold last summer. Rambold’s lawyer’s attempt to use these myths to somehow justify both the rape and the minimal sentence originally handed down are, IMHO, stupendously horrendous.

In this case, both Judge Baugh and Attorney Lansing use outdated, victim-blaming myths about women and sexual assault in order to justify both their actions and the actions of the defendant. They both represent parts of the legal justice system. If they are representative of the Montana judicial system, our judicial system is failing our communities.

Gender bias in the courts is unacceptable. Whether that is in Montana, where this case is occurring; in Pennsylvania where I live and where the Gerry Sandusky child sexual assaults happened; or anywhere else in the country.

In Montana NOW’s and Pennsylvania NOW’s original complaint to the Montana Judicial Standards Commission, we asked that the Court implement a mandatory educational program for the judiciary. We stated in that complaint that we want the Montana Supreme Court to:

Implement a mandatory judicial education program for the judiciary on the fair adjudication of sexual assault cases to help the Montana justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant. – See more at: http://www.legalmomentum.org/national-judicial-education-program#sthash.hxAEGz8p.dpuf.

I believe that this proposed mandatory educational program should be extended to all of the participants within the legal justice system – judges, lawyers, law enforcement and anyone else within the system that could impact the treatment of victims and survivors of sexual assault. Then and only then will we start addressing this problem of victim blaming. Let’s stop it now.

Seeking Justice for Cherise

In August 2013, Yellowstone County (Billings), Montana Judge G. Todd Baugh sentenced ex-teacher Stacey Rambold to thirty days in jail for raping one of his 14-year-old students . Baugh had followed a recommendation from Rambold’s lawyer by giving Rambold a sentence of 15 years in prison with all but 31 days suspended and a one day credit for time served. Even worse, the judge showed gender and racial bias against Cherise Morales—the 14 year old, Hispanic girl who Rambold raped. During the sentencing hearing, Baugh stated that  the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.”

Upon hearing about this incident, Joanne Tosti-Vasey, former PA NOW president and current member of the PA NOW Executive Committee contacted Montana NOW President Marian Bradley. After consulting with each other, Montana NOW and Pennsylvania NOW decided to coordinate a state and national action to push back against this egregious behavior and use of rape myths.

We focused on both the unethical behavior of Judge Baugh and on working to overturn the illegal sentence handed down on Rambold.

The Ethics Complaint Against Judge Baugh

First, we focused on a petition to sanction Judge Baugh. The first step was to help get a groundswell of people calling for the Montana Judicial Standards Commission to review and sanction Judge Baugh for his behavior. Working with We are Ultraviolet and Fitzgibbon Media we gathered over 130,000 signatures calling for the state to sanction Judge Baugh. Meanwhile we contacted Legal Momentum (a national women’s advocacy organization that houses the National Judicial Education Program on Gender Bias in the Courts) and Pennsylvania’s Women’s Law Project to assist us in crafting our complaint.

Marian Bradley standing next to the boxes of signed petitions calling for the removal of Judge G. Todd Baugh from the bench.

Marian Bradley, President of Montana NOW delivering the NOW complaint to the MT Judicial Standards Commission on September 24, 2013.

Using these petition signatures, we publicly delivered our complaint on September 24, 2013 against Baugh urging the Montana Judicial Standards Commission and the Montana Supreme Court to

  • Remove Judge Baugh from the bench for his misconduct related to his handling of and speech about the rape case involving the sentencing of Stacey Rambold; and
  • Implement a mandatory judicial education program for the judiciary on the fair adjudication of sexual assault cases to help the Montana justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant.

As a result of this complaint and several others, Judge Baugh acknowledged on December 7, 2013 that he violated one of the three ethics rules we alleged he had violated. He said that he had failed to “promote public confidence in the independence, integrity,and impartiality of the judiciary,” and did not “avoid impropriety and the appearance of impropriety.” But he refused to acknowledge that  he used racial and gender bias in handing down the sentence and as a result, did not uphold the law. So we submitted a response detailing the rape myths he used in creating the sentence and in not following the law with the minimum, mandatory two-year sentence.

Then Baugh, in an effort to avoid the sanctions he could see coming, announced in January that he would not be seeking reelection in 2014. A couple of weeks after this announcement, the Montana Judicial Standards Commission announced that they were sending a recommendation to the Montana Supreme Court to use their oversight powers to sanction Judge Baugh.

The Amicus Brief

Meanwhile, on December 6, 2013, the Montana Attorney General’s office filed an appeal before the Montana Supreme Court. They are asking the court to remand the case back to the Yellowstone County District Court for sentencing that would follow the state law’s mandatory minimum sentencing guidelines.  They are asking for, at minimum, a four-year sentence.

NOW once again weighed in. Knowing that it is possible for advocacy groups to file “friend of the court” amicus curiae briefs, we contacted two members of our network of women’s legal advocacy organizations—The Women’s Law Project and Legal Momentum—to see if there was any interest in pursuing this amicus.  They put us in contact with Legal Voice and the Sexual Violence Law Center. Both of these organizations are based in Seattle, Washington and serve women in Montana.  As a result, all six organizations agreed to file an amicus.Attorney Vanessa Soriano Power and other members of the law firm Stoel Rives LLP took the lead in writing our brief and petitioning the Court to add our brief to their review of this case.

Montana’s Supreme Court rarely accepts amicus briefs, but did in this case. The amicus brief we filed focuses on rape myths and their inappropriate impact in adjudicating and sentencing in sexual-assault cases.  We are asking the court to take the effect of these types of myths into account when making their decision in this case and, upon remand, to assign the case of Stacey Rambold to a new judge for appropriate and legal re-sentencing.

What’s Happening Now?

Both cases were sent to the Montana Supreme Court for review. We heard on April 25 (the 10th anniversary of the March for Women’s Lives in Washington DC that brought out over one million people) that the decisions on what type of sanctioning Judge Baugh will receive and whether or not Stacey Rambold will be re-sentenced is pending.

This morning, the Montana Supreme Court handed down their decision in the Montana v. Rambold case (copy of the opinion can be seen here). The Court listened to the arguments presented by both the Attorney General’s office and by NOW. They overturned (“vacated”) the 30-day sentence and remanded the case back to the Yellowstone County Courts for re-sentencing in line with the minimum mandatory sentencing guidelines. In addition, they have ordered the county to assign the case to another judge for Rambold’s re-sentencing.

The last two paragraphs of the opinion indicate that the Court heavily relied on our amicus in ordering the remand:

¶21 On remand for resentencing, we further instruct the court to reassign the case to a different judge to impose sentence. We have considered several factors to decide whether a new judge should be assigned to resentence a defendant in a particular case, among them; whether the original judge would reasonably be expected to have substantial difficulty in putting out of his or her mind previously-expressed views determined to be erroneous, whether reassignment is advisable to preserve the appearance of justice, and whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness. Coleman v. Risley, 203 Mont. 237, 249, 663 P.2d 1154 (1983) 10 (citations omitted). In State v. Smith, 261 Mont. 419, 445-46, 863 P.2d 1000, 1016-17 (1993), we remanded for resentencing to a new judge when the judge’s statement at trial evidenced bias against the defendant. Even where bias did not require reassignment to a new judge, we have reassigned where media coverage and public outrage “have snowballed to create an appearance of impropriety.” Washington v. Montana Mining Properties, 243 Mont. 509, 516, 795 P.2d 460, 464 (1990).

¶22 In the present case, Judge Baugh’s statements reflected an improper basis for his decision and cast serious doubt on the appearance of justice. The idea that C.M. could have “control” of the situation is directly at odds with the law, which holds that a youth is incapable of consent and, therefore, lacks any control over the situation whatsoever. That statement also disregards the serious power disparity that exists between an adult teacher and his minor pupil. In addition, there is no basis in the law for the court’s distinction between the victim’s “chronological age” and the court’s perception of her maturity. Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding. Under these circumstances, we conclude that reassignment to a new judge is necessary to preserve the appearance of fairness and justice in this matter.

Meanwhile the sanctions against Judge Baugh are still pending. This was confirmed in this morning’s opinion announced by the Montana Supreme Court: Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding.

We feel strongly that our work on this case shows our commitment to looking out for the women, children and families of our states and our nation. This behavior by our teachers and our judiciary should not and will not be tolerated. Our vigilance will continue.

— blog written by Joanne Tosti-Vasey and Marian Bradley

Fearless Feminist Awards

On Friday evening, April 25, 2014, Pennsylvania NOW, Inc. gave out their first six “Fearless Feminist Awards” in Pittsburgh. The awardees were given at a party to honor

3 Great NOW Leaders

2 Courageous State Legislators

1 Amazing Community Leader

[To] GO! and help Pennsylvania Women

 

Caryn Hunt, President of Pennsylvania NOW released the following statement as part of the awards ceremony:

The Pennsylvania State Chapter of the National Organization for Women (PA NOW) welcomes you to our Fearless Feminists Awards Ceremony and Fundraiser!

Tonight we hone six “Fearless Feminist” leaders for their vision, courage, and outspoken advocacy for women’s rights. As Chair of the House Women Heath Caucus, Representative Dan Frankel spearheaded the Pennsylvania Agenda for Women’s Health, a package of bills that seeks to broadly and comprehensively address women’s health concerns in the Commonwealth.

picture of Rep. Dan Frankel

Representative Dan Frankel after receiving his Fearless Feminist Award

Representative Erin Molchany is a proud member of the Women’s Health Caucus and recently introduced, along with Representative Brian Sims of Philadelphia, a pay equity bill in the House that would close longstanding loopholes in existing laws, and end pay secrecy.

Picture of Jeanne Clark and Rep. Erin Molchany

Jeanne Clark presenting Fearless Feminist Award to Representative Erin Molchany

Local activist and nationally recognized reproductive rights leader La’Tasha Mayes founded and developed New Voices Pittsburgh to advocate for women and girls of color in Pittsburgh and beyond.

Picture of La'Tasha Mayes

La’Tasha Mayes thanking PA NOW for Fearless Feminist Award

And Pennsylvania NOW has long benefitted from the contributions of Pamela Macklin, former PA NOW Treasurer, and long-time East End NOW co-President; Joanne Tosti-Vasey, past PA NOW President, current Executive Board member, and Mid-Atlantic Representative to the National NOW Board; and Phyllis Wetherby, First Pittsburgh NOW Chapter President, who has worked for over 45 years to build the organization.

Picture of Pamela Macklin

Pamela Macklin thanking PA NOW for her Fearless Feminist Award

Picture of Joanne Tosti-Vasey

Joanne Tosti-Vasey thanking NOW for her Fearless Feminist Award

picture of Phyllis Wetherby

Phyllis Wetherby thanking PA NOW for her Fearless Feminist Award

 

 

 

 

 

 

 

 

 

Supporting the work of these people, developing feminist leadership, whether in the Capitol of Harrisburg or the neighborhoods of Pittsburgh, is what Pennsylvania NOW is all about. Your support helps us fund our programs to educate and inform and to bring women into full and equal participation in their community and their government. Find out more about Pennsylvania NOW on our website at PennsylvaniaNOW.org.

Thank You!

I would like to thank Pennsylvania NOW for granting me one of these awards and for holding this fundraiser.

picture of the 6 Fearless Feminist Award trophies

The Fearless Feminist Awards

It is a great honor to have stood beside the other five awardees. Congratulations to every one of you.

This award has a special meaning for me as it comes from friends and colleagues with whom I have worked with over the past twenty years. Being able to advocate for equality and fairness is my passion, vocation, and avocation. The support of my friends and family in this work means a great deal to me. Thank you everyone.