Roe v Wade Anniversary: Pro-Active Legislative Agendas

Logo for the Pennsylvania Agenda for Women's Health

Logo for the Pennsylvania Agenda for Women’s Health

Today is the 41st anniversary of the Roe v. Wade decision by the US Supreme Court that says that women have a constitutional right of access to safe abortion services throughout the country.  Since 1973, the right-wing has been pushing back and chipping away at this right. These attacks over the decades have expanded beyond access to abortion and now include all areas of family planning and access to women’s health care. As a result, women’s rights and reproductive justice advocates have been on the defense in an attempt to ensure that all women of reproductive age have full access to all forms of reproductive health.

For a very long time, conservatively controlled legislatures have narrowly focused on restricting women’s access to abortion and reproductive health services. We need a pro-active legislative agenda at the national and state levels to counter this chipping away of our basic rights.  And this is starting to occur.

It’s something we need to focus on, spread the word about, and celebrate on this 41st anniversary of the Roe decision.

Advocates for reproductive justice have had some success in 2013 in their pushback on our back reproductive and healthcare rights.  For example, Texas Senator Wendy Davis, with the assistance of thousands of advocates crowding the capital successfully delayed the passage of an onerous anti-abortion law. And the city of Albuquerque voted down an anti-abortion referendum.

Legislatures too have started to pushback.  And that’s what I’d like to focus on today. Two states so far have decided to take a pro-active stance – New York and Pennsylvania.

New York

Last year, New York State decided to fight back with their “9 Point Plan for Women’s Equality.”  This plan, known as the Women’s Equality Act covers nine broad areas of concern:

  1. Safeguarding Reproductive Health by a) codifying the 1973 Roe v Wade decision, b) ensuring that women can obtain a safe, legal abortion during the first 24 weeks of pregnancy; c) ensuring that physicians won’t be prosecuted for providing this care; and d) retaining the provisions in current law that would prosecute those who harm women;
  2. Ending Pregnancy Discrimination by requiring employers to make reasonable accommodations for pregnant women in the workplace;
  3. Fighting Human Trafficking by a) creating an “affirmative” defense of being trafficked when a person is charged with prostitution, b) increasing penalties for both sex and labor trafficking, c) creating the ability for victims of trafficking to take civil action against their perpetrator, and d) creating some new criminal offenses in increasing level of severity for some forms of trafficking;
  4. Supporting Domestic Violence Victims by creating a pilot program to allow victims of domestic violence to testify remotely against the alleged perpetrator of violence when requesting a protection from abuse order;
  5. Creating Fair Access to Housing by adding source of income and status as a domestic violence victim to the state’s anti-discrimination law;
  6. Ending Familial Status Discrimination in Employment by adding protections in the state’s anti-discrimination law for employees who have children 18 years or younger residing in the home;
  7. Allowing Payment of Attorney Fees by granting litigants who win a sex discrimination case the ability to receive attorney fees as part of the settlement;
  8. Improving the Sexual Harassment Law by expanding the prohibition on sexual harassment in the workplace to employers with fewer than four employees so that all places of employment are covered; and
  9. Securing Equal Pay by a) closing a loophole in New York’s law that allows employers to justify lower wages for women, b) outlawing wage secrecy policies, and c) increasing damages to prevailing litigants for up to 300% of unpaid wages.

In June 2013, Governor Cuomo’s Women’s Equality Act was blocked in the NY State Senate because there were enough right-wing legislators who decided to quash the bill due to a provision in the package bolstering access to abortions. However, advocates have not given up. Governor Cuomo has renewed his commitment to passage of the Women’s Equality Act and advocates in New York State are gearing up for another run for successful passage of this bill.

Pennsylvania

Pennsylvania legislators recognized this positive effort from our sister state to the north.  In September 2013, a group of Senators and Representatives from both sides of the aisle formed a new legislative caucus to proactively focus on women’s health and equity.  It is called the Women’s Health Caucus. This bi-partisan caucus is co-chaired by Representative Dan Frankel, D-Allegheny and Senators Judy Schwank, D-Berks and Chuck McIlhinney, R-Bucks.

Rather than the narrow efforts commonly seen in Pennsylvania General Assembly to restrict women’s access to reproductive health programs, the Women’s Health Caucus was formed to redirect legislation towards a woman’s health equity agenda. This broad, proactive agenda covers reproductive health, women’s economic security, and women’s safety.

To celebrate the 41st anniversary of Roe v. Wade, I decided to summarize the bills that have both been introduced and those that are in the works for introduction later this year that focus on some portion of women’s reproductive health and focus on some of the other bills at a later date. This is a work in progress by the Women’s Health Caucus and as such, there may be more bills in process that I don’t yet know about.  The ones discussed here are the health-related bills that have been introduced or have been discussed as potential bills by the Caucus.

Bills in Pennsylvania Legislature to Honestly Address Women’s Needs

As I stated in a blog in September reporting on the first meeting of the Caucus, the Women’s Health Agenda package of bills can be divided into three groups—reproductive health issues, women’s safety, and economic sustainability.  The focus here today is on the bills associated with reproductive health.

On December 11, 2013, the Women’s Health Caucus introduced the first seven bills in the Pennsylvania Agenda for Women’s Health.  Four of the seven bills announced that day focus on some aspect of women and children’s health.  Three of these bills have been introduced and are currently in committee in at least one, if not both, Houses.  The fourth bill is still being circulated for co-sponsors in both the House and Senate.

Healthcare-Related Bills that Have Been Introduced and are in Committee

Sanitary conditions for nursing mothers

This legislation requires employers to provide a private, sanitary space for employees who need to express breast milk. It fixes two main loopholes that are present in federal law under the Affordable Care Act. It would apply to all employees, including those that are exempt from federal overtime provisions. It also requires employers to provide a private, sanitary space for mothers to express milk beyond one year after birth. This legislation mirrors the federal provision that exempts small employers from these requirements if these requirements present an undue hardship on the employer. Representative Mary Jo Daley is the prime sponsor of this bill in the House of Representatives.  It was officially introduced H.B. 1895 on December 12, 2013 with 22 co-sponsors and is awaiting first review in the House Labor and Industry Committee.  There is not a companion Senate bill yet.

Representative Daley describes this workplace need for nursing mothers:

“Study after study makes it abundantly clear – both mothers and children benefit from breast milk. For most babies, especially premature babies, breast milk is easier to digest than formula and helps fight against disease. According to the U.S. Department of Health and Human Services, the cells, hormones, and antibodies in breast milk help protect babies from illness. For mothers, breastfeeding is linked to a lower risk of health problems such as diabetes, breast and ovarian cancers, and postpartum depression. Moreover, breastfeeding mothers miss fewer days from work because their infants are sick less often.

Currently, approximately two dozen states have laws on the books relating to expressing milk in the workplace. Sadly, Pennsylvania does not. The only applicable law on breastfeeding that applies to employers in the Commonwealth is the Affordable Care Act’s amendment to the federal Fair Labor Standards Act. This federal law requires employers to provide a private, sanitary space for non-exempt employees to express milk for up to one year after the birth of a child. However, exempt employees include those that are on salary (exempt from federal overtime provisions), often in managerial positions.”

Ensuring access to health care facilities:

This legislation creates a 15-foot buffer zone around health care facilities where picketing, patrolling or demonstrating that blocks patients’ access to the facilities would be banned. H.B. 1891, sponsored by Representative Matt Bradford, D-Montgomery, was introduced into the House with 23 co-sponsors on December 12, 2013 and is currently awaiting review in the House Health Committee.  S.B. 1208, sponsored by Senator Larry Farnese, D-Philadelphia, was introduced into the Senate with 8 co-sponsors on January 16, 2014 and is currently awaiting review in the Senate Public Health and Welfare Committee.

Representative Bradford describes his bill this way:

“Safe and unfettered access to health care facilities should be the right of all Pennsylvania women seeking medical counseling and treatment.  Accordingly, I plan to introduce a bill prohibiting a person from interfering with a person’s right to seek medical services by knowingly patrolling, picketing, or demonstrating in a very limited zone extending fifteen feet from a health care facility, or driveway or parking facility.

Please know this legislation is not intended to limit the free speech rights of any individual.  Other states including Colorado and Massachusetts, and some municipalities such as Pittsburgh have instituted “buffer zone laws.”  These laws were not imposed on a whim; they were a response to increasing threats, confrontation and even deadly violence. It is important to note that buffer zones have been credited, in part, with toning down volatile instances and confrontations.”

Senator Farnese, using his own experience as a clinic escort, describes the legislation he has introduced:

“This legislation will provide safe access to essential health care services when patients are seeking family planning and reproductive health services.  Often, patients seeking services at a healthcare facility are verbally and physically harassed and intimidated.  Having had experience as an escort for women into health care facilities, I have seen first-hand the potential for violent confrontations between patients and demonstrators.

This legislation will be carefully crafted to ensure that patients have unimpeded access to medical services while still protecting First Amendment rights to communicate a message.  In order to ensure both parties’ rights and safety are maintained, this legislation will provide clear guidance regarding restricted entry zones around entrances and driveways of medical facilities.

Currently, Pennsylvania has no such statewide buffer zone.  Two municipalities, Harrisburg and Pittsburgh, have enacted buffer zone ordinances.  Providing for a content-neutral buffer zone at all medical facilities in Pennsylvania will promote the health and welfare of those who visit those facilities for services while maintaining protection for those individuals who would voice their constitutionally protected speech outside such a facility.”

Increased eligibility for breast and cervical cancer screenings:

This legislation allows women between ages of 30 and 65 to apply and qualify for the state Healthy Woman Program. H.B. 1900, sponsored by Rep. Maria Donatucci, D-Philadelphia/Delaware, was introduced on January 2, 2014 and is awaiting review in the House Human Services Committee.  There is not a companion Senate bill yet.

Representative Donatucci describes the need for greater access to breast and cervical cancer screening:

“The statistics surrounding breast and cervical cancers are truly alarming. According to the Centers for Disease Control and Prevention (CDC), in 2010, 206,966 women were diagnosed with breast cancer in the United States, and 40,996 women died from the disease.  Except for skin cancer, breast cancer is the most common cancer among American women and is one of the most deadly. While the risk of contracting breast cancer increases with age, large numbers of young women face the reality of this disease every year. With regards to cervical cancer, the disease is often not diagnosed because of missed opportunities for screening, early diagnosis, and treatment. All women are at risk for the disease, but it is most common in women over the age of 30. Each year, about 12,000 women in the United States get cervical cancer.

Act 74 established a program to support breast and cervical cancer screening services to low-income, underinsured, and uninsured women 40 to 49 years of age through DoH’s Healthy Woman Program. Before the implementation of Act 74, the program only had sufficient federal funding to provide these screening services to women ages 50 to 64. Today, the program is funded through a combination of department funds and through a grant DoH receives from CDC. My legislation will increase access to these important health screenings [by lowering the age of initial access to women.  This would] allow women between the ages of 30 and 65 to qualify for the Healthy Woman Program if they meet all other applicable requirements. The statistics show that these types of cancer are not confined to women of a particular age. As such, screening qualifications should be expanded in this state to reflect this reality. The money we spend on screening today saves thousands in treatment costs down the road.”

Co-Sponsorship Memo Being Circulated

Workplace accommodations for pregnant women:

This legislation requires an employer to make reasonable accommodations related to pregnancy, childbirth or related medical conditions unless those accommodations would prove an undue hardship on the employer’s operations. Two bills, one in the House and one in the Senate were announced on December 11, 2013.  H.B. 1892 is sponsored by Representative Mark Painter, D-Montgomery; and S.B. 1209 is sponsored by Senator Matt Smith, D-Allegheny. Both bills are currently being circulated for co-sponsors.

Senator Smith’s co-sponsorship memo summarizes his bill (S.B. 1209) this way:

“Currently, federal law protects women from being fired or otherwise discriminated against due to pregnancy; however it does not require employers to provide pregnant women with certain necessary and temporary accommodations to ensure their health and safety during pregnancy. My legislation would bridge this gap.

Three-quarters of women entering the workforce will be pregnant and employed at the same time during their careers, and my legislation would ensure that they can balance each part of their life in a way that is safe and practical for all parties involved.”

Representative Painter has named his version of this legislation The Pennsylvania Pregnant Workers Fairness Act.  His co-sponsorship memo describes HB 1892 this way:

“This year marks the 35th anniversary of the federal Pregnancy Discrimination Act (PDA).  The PDA amended Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination due to childbirth, pregnancy, or similar related medical conditions.

Today, unfortunately, pregnancy discrimination remains a persistent and growing problem.

In the majority of cases, the accommodations women need are minor, such as permission to sit periodically, the ability to carry a water bottle, or help lifting heavy objects.  Those women who continue working without having these medically-advised accommodations risk their health and increase the likelihood of pregnancy complications.

Pregnancy discrimination causes significant and long-term harm to women and their families well beyond pregnancy, to include the loss of health benefits, job seniority, and wages.  These losses also contribute to measurable long-term gender-based pay differences.

The Pennsylvania Pregnant Workers Fairness Act would make it unlawful for a covered entity to refuse reasonable accommodations related to pregnancy, childbirth or related medical conditions unless those accommodations would prove an undue hardship on the entity’s operations.”

Other Women’s Healthcare Bills in Pennsylvania that Are Being Discussed but Have Not Yet Been Introduced

As I mentioned in my blog at the end of September when the Women’s Health Agenda Caucus first met, there are a total of at least 24 bills that are/will be part of the “Agenda for Women’s Health.”  At least two of these bills are directly related to Reproductive Justice and Health. They were not part of the original roll-out, but are somewhere in the process of being written and/or circulated for co-sponsorship. I do not know when these bills will be introduced.

  • Inmate Shackling: Strengthen pregnant inmate shackling law (Act 45 of 2010) to cover the entire pregnancy and a reasonable postpartum period for mother-child bonding and to eliminate the tasering of any incarcerated woman known to be pregnant.
  • Medical Professional Conscientious Right to Refuse to Deliver Medically Inaccurate Information: Protect physician-patient relationships from political intrusion.

So on this 41st anniversary of Roe, I will celebrate this day by reiterating a statement I made on December 11, 2013:

“The ideas for change in this package of bills come from real-life stories of women. They include calls to service agencies, cries for help on hot lines, requests for advocacy, and lots of research to back up the anecdotal stories. As advocates, we realize there are other areas of concern, but believe the Women’s Health Caucuses’ agenda items are a great start.”

Thanks to everyone who is working for these two pro-active women’s health agendas. Thanks to the advocates across the country who have taken the momentum to stand up for our lives. And have a great Roe v. Wade Day as we go on the offense for women’s health and lives.

ALEC and Preemption in Pennsylvania

Help Stop ALEC

Help Stop ALEC (Graphic courtesy of and permission to use by Keystone Progress)

Two days ago, the Guardian released some papers that were leaked from the August 2013 ALEC – American Legislative Exchange Council.  The initial papers that were leaked shows that ALEC is in financial trouble due to some of the mega-corporations having let their memberships lapse due to concerns over ALEC’s lobbying for “stand-your-ground” or “shoot-to-kill” laws and for suppressing voting rights, environmental protections.  Despite this run with the money, ALEC is continuing to push this right-wing agenda throughout the country and here in Pennsylvania.

ALEC’s Funding, Task Forces, and Agenda

Ninety-eight percent of ALEC’s funds come from corporations, corporate trade groups, and corporate foundations.  The remaining funds come from dues paid by conservative Republican legislators.  These funds are then used by the organization to craft so-called model legislation that the corporations believe will positively affect their bottom line.  This legislation is crafted within one of nine task forces.  According to ALEC-Exposed, “The organization boasts 2,000 legislative members and 300 or more corporate members. The unelected corporate representatives (often registered lobbyists) sit as equals with elected representatives on nine task forces where they have a “voice and a vote” on model legislation.” 

These task forces create state-level one-size fits all model bills that are designed to remove regulations on corporations.  Corporations have veto power over any bill that is crafted.  Legislator members are then indoctrinated at regular meetings of the organization (often paid for by ALEC “scholarships” or by the state travel budget for legislators). These legislators then return home and introduce these bills as their own.  Among the types of bills crafted within the task forces are bills to privatize education, limiting access to the voting booth through voter id laws, union-busting bills, and an anti-green agenda that, for example, penalizes homeowners who install solar energy.  One of ALEC’s newest targets is preempting local communities from adopting and enforcing their own laws on paid and unpaid sick days, a higher minimum wage and other workplace standards.

Pennsylvania Legislative Involvement in ALEC

Preemption and Who in the PA Legislature is a Member of ALEC

In Pennsylvania, there are currently 39 Republican state Representatives who are members of ALEC.  One of them is Representative Seth Grove (R-York).  He is a member of ALEC’s Telecommunications and Information Technology Task Force, one of the committees that focuses on limiting local control through preemption bills.  Using ALEC and his membership, Representative Grove introduced a new preemption bill – HB 1807 – that preempts or prohibits county and municipal governments from adopting and enforcing their own laws on paid and unpaid sick days.  The bill specifically prohibits any local control over paid or unpaid leave of any type; it states:

A political subdivision in this Commonwealth may not enact or administer a mandate requiring an employer to provide an employee or class of employees with vacation or other forms of leave from employment, paid or unpaid, that is not required by Federal or State law, and may not require an employer to compensate an employee for any vacation or other forms of leave for which Federal or State law does not require the employee to be compensated.

The other co-sponsors include Representatives R. Lee James (R-Butler & Venango), Ryan P. Aument (R-Lancaster), Tina Pickett (R-Bradford, Sullivan, & Susquehanna), Garth Everett (R-Lycoming), Mindy Fee (R-Lancaster), RoseMarie Swanger (R-Lebanon), Stephen Barrar (R-Chester & Delaware), Ron Miller (R-York), Susan Helm (R-Dauphin), Will Tallman (R-Adams & York), Kurt Masser (R-Columbia, Montour, and Northumberland), Marguerite Quinn (R-Bucks), Duane Milne (R-Chester), Stephen Bloom (R-Cumberland), Ron Marsico (R-Dauphin) and Gordon Denlinger (R-Lancaster).  Five—Barrer, Helm, Marsico, Pickett, and  Ron Miller—of  these sixteen co-sponsors are also members of ALEC.

Status of this Preemption Bill

The bill was introduced into the Pennsylvania House of Representatives and referred to the House Labor and Industry Committee on October 23, 2013 on which Representatives Grove and Aument  sit.    It immediately became one of the fastest moving bills in the legislature. On November 18, this committee amended the bill to grandfather local communities that have already passed a preemption ordinance prior to January 1, 2014 and then passed the bill out of committee along party lines (15-9).  It immediately came up and passed under first consideration and is now set for second consideration where amendments may be offered.

As of today, the House has announced that they are at least temporarily tabling the bill.  Supporters however are saying that they will pass the bill out of the house by the end of the year.    So we need to keep up the pressure and tell our legislators to vote NO on HB 1807.  The following are some talking points you can use when writing or calling your Representative.

Talking Points

The following talking points were created by a coalition of organizations in Pennsylvania concerned about this preemption bill.

  • Across the country, grassroots efforts to enact paid sick days, higher minimum wages and other common sense workplace reforms are gaining momentum. These policies improve the lives of working men and women, their families, communities and local economies.
  •  To stop this progress, corporate lobbyists and the state legislators they control have quietly begun to enact dangerous and undemocratic “preemption” laws.
  •  Preemption” laws passed at the state level prohibit cities and counties within that state from adopting their own laws on paid sick days, a higher minimum wage and other workplace standards.
  •  Laws that preempt local decision-making strip cities and counties of their right to adopt policies that will benefit their communities, in violation of core conservative and democratic principles.
  •  Preemption has been a nationally coordinated, go-to strategy of special interest lobbyists for years, used to undermine and eviscerate smoking bans, nutrition labeling laws and other food safety measures, and gun violence prevention measures. Now this strategy is being used by the National Restaurant Association and the corporate group ALEC, the American Legislative Exchange Council, to target modern economic policies that help working people and their families.
  •  ALEC is the industry-backed organization responsible for “stand-your-ground” or “shoot-to-kill” laws and for suppressing voting rights, environmental protections and more. It is comprised of both lobbyists for multi-million dollar corporations and legislators who are aligned with and take contributions from those corporations.
  •  Preemption is yet another way that ALEC is attempting to “steal” democracy from voters. In addition to trying to control who gets to vote, ALEC also wants to control what citizens can vote on.
  •  Instead of fighting grassroots paid sick days and minimum wage efforts city by city, corporate lobbyists are working with their legislator allies in the state capitals, where they have more influence, to keep local governments from doing what’s best for their people and communities. In fact, they’re pushing paid sick days preemption law in states that don’t even have any municipal efforts to pass the measure – just to head off grassroots momentum before it starts.
  •  Nine states have already passed paid sick days preemption laws – Arizona, Florida, Indiana, Kansas, Louisiana, Mississippi, Tennessee, Georgia and Wisconsin. And the opposition is getting more aggressive: Six of these nine laws were passed in 2013. A tenth state – North Carolina – has passed a narrower preemption bill that affects state contractors. Bills are pending in at least six other states – with more expected in 2014. It’s obvious that they’re being coordinated on a national level.
  •  Local innovation is the lifeblood of progress. Preemption efforts, driven by special interests, should not stand in the way of local innovation or self-rule, which historically has paved the way for meaningful statewide and then federal action on minimum wage, family leave and other issues. Bills like this represent an ominous attempt to remove power from locally elected officials and make the voters mere bystanders in the democratic processes that define the character of their communities.
  •  Strong statewide earned sick days and minimum wage standards are preferable, but in the absence of statewide policies, localities must have the freedom to do what’s best for their people and communities. Millions of workers without paid sick days are too often forced into going to work sick, sending sick kids to school, putting off needed health care, or losing pay and even their jobs if they stay home. Local lawmakers are increasingly recognizing that paid sick days policies are both an economic and a public health imperative, and are learning from the positive experiences with paid sick days standards in San Francisco, Seattle and Connecticut.
  •  Even if preemption bills seem to have a narrow focus, passage of this type of legislation could result in preemption of a wide range of local ordinances, whether passed through voter referendum or by city councils, in municipalities throughout the state. These include efforts to expand protections for those who have experienced domestic violence, laws prohibiting wage theft, consumer protection initiatives, and many more. Corporate lobbyists don’t want any regulations standing in the way of their profits.

What You Can Do to Stop This Bill

We need to have members of the House of Representatives called to tell them to vote NO on this bill.  Keystone Progress has set up a call-in page for us to use. Let’s start getting calls in to legislators right now! Once you make your call, please forward this email to your constituents, members, friends, family – anyone who can make a call. Here’s the contact call page:

You can also tweet about this – here are a few Sample Tweets:

  • PA’s House Labor Cmmte just passed a bill taking local control from YOUR local officials. Tell them what you think: http://bit.ly/1aNdZLe
  • Stop corporate vetoes on our local laws: call your legislators now! http://bit.ly/1aNdZLe #paidsickdays
  • ALEC attempting to preempt local control of paid and unpaid sick leave in PA. Tell #PALegis what you think: http://bit.ly/1aNdZLe
  • ALEC attempting to preempt local control of paid and unpaid sick leave in PA. Tell @PAGOP what you think: http://bit.ly/1aNdZLe
  • #Preemption is another way that ALEC is attempting to “steal” democracy from voters. Tell @PAGOP what you think: http://bit.ly/1aNdZLe
  • #Preemption is another way that ALEC is attempting to “steal” democracy from voters. Tell #PALegis what you think: http://bit.ly/1aNdZLe
  • #Preemption bill threatens local efforts to assist Domestic Violence survivors. Call your legislators now! http://bit.ly/1aNdZLe

You can also let your friends, family, and neighbors know about this corporate threat to local control by talking, emailing, using social media, and/or forwarding this blog on to them. There are several links at the bottom of this blog: choose what works for you.

And thanks!

Corbett’s at It Again

This time, Corbett is attacking LGBT couples

“Just Close Your Eyes”

Last year, the Pennsylvania General Assembly was considering passage of a transvaginal ultrasound bill to force women to have an unnecessary ultrasound in advance of going to an abortion clinic if they want to terminate their pregnancy. This bill would have required pregnant women to have the intrusive vaginal ultrasound with a video screen pointed at then and then would have required them to carry that report to the clinic the next day along with a signed form indicating that they had the procedure done.  This report would also have to be placed in their medical record despite the fact that this procedure was not medically necessary.

When Pennsylvania Governor Tom Corbett was asked if this was a bill that burdened women, he said that the women who didn’t want the procedure could “Just close their eyes.”

Here’s a clip of that comment (the commentary and the comment start at 02:39 minutes into this video):

http://www.youtube.com/watch?v=RQEZjxoKsKk?t=2m39s

This time he says, “I think a much better analogy would have been  brother and sister…”

Now this week, he’s attacking loving gay couples who want to marry just like their heterosexual friends do.  On Friday he responded to another reporter’s question.  He appeared on a Harrisburg TV station program called “Ask the Governor.”  The reporter asked him to comment on the legal argument that his lawyers are proceeding with in a case to stop Montgomery County’s Register of Wills from issuing marriage licenses to gays and lesbians who want to get married in Pennsylvania.

The legal brief compares same-sex marriage to allowing 12-year old children to get married.  His response, just a bit longer than the “Just close your eyes” comment from last year, is just as offensive.  The reporter said to him, “comparing gay marriage to the union of 12-year olds … you called inappropriate.” Corbett responded:

“It was an inappropriate analogy. I think a much better analogy would have been  brother and sister, don’t you? ”

Here’s a clip of this comment:

http://youtu.be/ksQdP8-RI5I

He later, as with last year’s comment, apologized, saying this time that it’s just a “legal” argument since marrying a 12-year old or having an incestuous marriage, or marrying a person of the same-sex are all illegal.

This is the guy who thinks he represents the Commonwealth?!!?  Women as well as men? I don’t think so! All gays and lesbian couples as well as any heterosexual couple that wants to get married?!!? I don’t think so!

Inappropriate, Offensive, Insensitive, and Hateful

Both of these statements are offensive, insensitive, and hateful.  And, yes just as Corbett later stated they are both inappropriate.  Yet he continues to attack – women, gays, immigrants, etc.  For a sampling of these attacks by Governor Corbett (as well by the Pennsylvania legislature), check out my blog posting earlier this entitled “War on Women in PA: At Least a 20-Year Happening.”

The apologies are not enough.  Corbett has to go.  He needs to be a 1-term Governor in Pennsylvania – something that hasn’t happened since the PA Constitution was amended in 1968 to allow a Governor to succeed himself (or herself, which might change if we ever elect a female governor) with a second term.

The Alternatives (So Far)

We know that Tom Corbett will be the Republican candidate for PA Governor in 2014.  We don’t know who the Democratic (or any other party) candidate will be on the November ballot.  Right now there are at least eight Democrats running: John Hanger, Jo Ellen Litz, Rob McCord, Katy McGinty, Max Myers, Ed Pawlowski, Allyson Schwartz, and Tom Wolf have officially announced and Rep. H. Scott Conklin, Senator Mike Stack, and former Auditor General Jack Wagner are considering a run. We need information on these alternatives.

So I started looking for blogs or commentary on alternatives to Tom Corbett.  So far, there is only one that is not party-based that I could find.  It is written by Cindy Purvis, Treasurer of Healthcare for All PA.  Her blog is titled “Race for PA Governor” and focuses on single-payer healthcare reform.  So check out her blog.

After the fall elections, there should be more websites up that can provide more complete information on the stances of candidates across a wide spectrum of issues, including women’s rights, reproductive justice, marriage equality, and other LGBTQ issues.  One of the best, in my opinion is Project Vote Smart.  Right now there is nothing on any race being held in 2014, but check back later.

Meanwhile, you can let your outrage be known. Contact Tom Corbett by email or phone at 717-787-2500.  Tell him that his wars on women and the LGBT community must stop.  Let him hear your outrage.  Maybe he might reconsider some of his views and actions towards the citizens of Pennsylvania.  I doubt it, but it doesn’t hurt to try.

IRS Ruling a Victory for Married Same-Sex Couples Across the Country!

Thanks to the U.S. Department of the Treasury and the Internal Revenue Service for doing the right thing on August 29. Those of us who live in states, like Pennsylvania, that have their own version of the Defense of Marriage Act (or a constitutional ban in other states on same-sex marriage) will now, at last, have the full federal economic benefits and protections of marriage as long as you were married somewhere that recognizes your marriage. Meanwhile cases challenging state DOMA’s and constitutional bans in federal court on gay marriage need to go forward. The PA ACLU is leading such a case here in Pennsylvania; this groundswell of support for equality WILL succeed. And like in the Loving v. Virginia case, we will eventually have Freedom to Marry for all consenting adults regardless of sexual orientation.

womenslawproject's avatarCome Check out Our NEW Site!

Tara R. Pfeifer, WLP Staff Attorney

The Internal Revenue Service and the Treasury Department announced yesterday that the federal government will recognize the marriages of legally married same-sex couples for all federal tax purposes, regardless of where those couples reside.

This landmark ruling comes on the heels of the United States Supreme Court’s decision in U.S. v. Windsor in which the Court overturned a key provision (Section 3) of the Defense of Marriage Act.  Section 3 defined the terms “marriage” and “spouse” for purposes of federal law as pertaining only to legal unions between one man and one woman.  Yesterday’s announcement clarifies that when it comes to evaluating the federal tax status of same-sex married couples, it is the “place of celebration” – where the wedding took place – that controls, not the state where the couple resides.  Thus, same-sex couples that marry in one of the states where same-sex…

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Montana’s Judge Baugh Must Go!

Are you upset about Billings (Yellowstone County), Montana Judge G. Todd Baugh’s alleged misuse of his judicial powers in a rape case in Billings, Montana?  Here’s something you can do about it.

A petition has been started on the Ultraviolet website regarding Judge G. Todd Baugh.  In part, it says,

Earlier this week, Montana Judge G. Todd Baugh gave a teacher who raped his 14-year-old student a 30-day jail sentence. Even worse, the judge said the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.” THIS is rape culture at its worst.

And here’s an additional piece of information: this young girl committed suicide in 2010 after the 2007 series of rapes perpetrated by Stacey Rambold.

There are several petitions out on this issue. One goes directly to Judge Baugh. A second one goes to the Montana Secretary of State. This one goes to the Montana Supreme Court and the Montana Judicial Standards Commission.

The one going to the Department of State is inappropriately targeted. Oversight for the judicial system in not held within the Department of State. That’s because of our constitutional requirement that we keep separate the duties and responsibilities of the executive and judicial branches of government.

These two judicial-branch entities in Montana have oversight on judicial affairs and the conduct of the judiciary.  So this site is the CORRECT place to go if you want to sign a petition calling on the removal of MT’s Judge Baugh.

Once again, you want to let Montana know that Judge Baugh must go, click here to sign. Thanks!

March on Washington 50 in 140 Characters

Today I listened to the 50th Anniversary of the 1963 March on Washington speeches at the “Let Freedom Ring” program held on the steps of the Lincoln Memorial.  It was broadcast on C-SPAN.  Throughout the broadcast, I listened, tweeted, retweeted, and commented on what I was seeing and hearing.

Here is what I heard as well as my thoughts in a series of 140 characters.

Original Tweets:

@BarackObama Fathers, mothers, former prisoners, people of all colors, children, lgbt… They are all marching 4 Freedom & Justice #mow50

@BarackObama Medgar Evans, Cheney, #MLK didn’t die in vain. We still require vigilance. We will move forward 4 #CivilRts #jobs #Justice

@BarackObama the flame of justice never died despite the indignities placed on the disenfranchised. They marched. #letfreedomring 4 all #mow50 (Retweeted by @Penny_G during program plus one comment from Richard Punko:@tosti_vasey Amen! We must rekindle that fame and passion and March again. Tyranny of rich, powerful, bigoted conservatives must not prevail)

@BarackObama 5 decades ago today we came together to call for the full promise for all as written in our Declaration of Independence #MOW50

#LetFreedomRing bell from church in Birmingham that was burned in 60s just rung at Lincoln memorial w @BarackObama & King family #MOW50

We must keep justice & freedom alive. #LetFreedomRing for all. Gay straight, men women children, people of color. Rev Bernice King #mow50

Rev Bernice King praises inclusion of women and 3 current/former Presidents on #mow50. Didn’t happen 50 years ago.

@billclinton We need to stop complaining about Congress gridlock & (in summary) go for jobs, justice, peace, & environmental safety. #mow50@billclinton in the shadow of Lincoln’s statue, we still need to walk against the racial divide to change America to #LetFreedomRing #mow50

We know how #mlk would have reacted to recent cutting of #votingrights, #immigration, etc.

@JimmyCarter thanks #MLK 4 #civilrights. In 40′ & 50’s I saw black schools without building cause my community wouldn’t provide buses #mow50

@BarackObama, @JimmyCarter, @billclinton, & Michele Obama on #mow50 stage w #mlkfamily & Rep. Lewis Big leadership change from 50 yrs ago.

@Oprah as we reaffirm our support of #MLKDream, we too can be a “drum major” for #Justice. Bells will toll @ 3:00 to #LetFreedomRing forever

Lynda Johnson Robb: my father pushed 4 the 64 Civil Rights Act, 65 Voting Rights Act, & 67 Fair Housing Act he heart #civilrights #MOW50

@revalsharpton “we will beat the James Crow, Jr Esq” program of voter suppression, stand your ground, etc. #MOW50 #Racism

Sign seen @ #mow50 “We March for jobs, justice, & peace.” Still true 50 years after #MLKDream speech. Everyone join in!

Delores Huerta si se puede if you go back to your community and bring all to the fight for justice. #mow50 #Women #CivilRts #lgbt, etc.

Alan van Capalle “The ark of justice won’t bend for all without your work & help.” #MOW50

@repdonnaedwards we must raise our voices for voting rights, ending violence, etc. What rights & fights will u raise your voice? #mlkdream

Modified Tweets and Comments:

Right on! MT @civilrightsorg so says @BarackObama: “We were told that growing inequality is the cost of prosperity.” #mow50 #endpoverty

MT @blackvoices: “The men & women who gathered 50 years ago weren’t here seeking some abstract goal, they were seeking jobs” Obama Still are

#Jobs #Justice MT @HalfinTen Don’t Forget: Organizers of original #mow called 4 min. wage of > $13 in 2013 dollars #raisethewage #mlkdream50

We must fight back. RT @p_majority RT @repjohnlewis: To those who have said, “Be patient and wait,” we must say that we cannot be patient.  (Retweeted by @p_majority during program)

As part of #jobs, #justice & #peace… RT @NationalNOW We need a living wage! thinkprogress.org/economy/2013/0… Via @thinkprogress #MOW50

Absolutely! @repdonnaedwards u go girl! RT @NCJW “We must lift our voices for just wages” Rep Donna Edwards #mow50

Retweets:

RT @thecyclemsnbc The President reminds us: the measure of progress isn’t how many blacks join the ranks of millionaires, but how many join the middle class.

RT @Jenalenglish Pleased to hear Obama addressing poverty in the context of freedom. Because there is no liberty without livelihood. #MOW50

RT @LAKane H/T to @billclinton: “A great democracy does not make it harder to vote than to buy an assault weapon.” thkpr.gs/18liNa0 #dreamday (Retweeted by @JCWPolitics during program plus Comment after program ended by @LAKand: @JCWPolitics @tosti_vasey, thanks for the RT!)

RT @whitehouse President Obama: “Because they marched, a Civil Rights law was passed. Because they marched, a Voting Rights law was signed.” #MLKDream50

RT @EdgeofSports “Our only hope today lies in recapturing the revolutionary spirit declaring eternal hostility to poverty, racism, and militarism.” – MLK

RT @chucktodd The 3 presidents speaking, representing 3 generations/experiences on issue of race. Carter born in 20s, Clinton in the 40s, Obama in the 60s

RT @GabrielaRM “We may have come here in different ships, but we’re all in the same boat now,” Rep. John Lewis #AdvancingTheDream #MOW2013

RT @SDACLU 50 years later… those signs that say white and colored are gone… but there are still invisible signs. @repjohnlewis #endracialprofiling

RT @OccupyWallSt One of the goals of the March on Washington was a $2 minimum wage. In 2013 dollars, that would be $15.34 #MLKfb.me/1tmtAW09l

RT @NAACP Congressman @repjohnlewis: We have come a long way in 50 years, but we have a long way to go before we can fulfill King’s dream. #MOW50

RT @ply_25 “Justice delayed is justice denied”— THANK YOU, Ellie Smeal, @FemMajority! #herstorymow50

RT @MSNBC President Obama will deliver remarks at 2:45pmET at #MOW50. Tune into @msnbc for special coverage: onmsnbc.co/fweR3M #AdvancingTheDream (note: It was actually just after 3 pm when President Obama spoke)

RT @NAACP Caroline Kennedy: It is our turn to live up to the dreams of the last generation and work together for a better world. #MOW50

RT @feministteacher In 1963 there were 4 African Americans in Congress; today there are 44. #dreamday #MoW50

RT @politico Today in 1963, in preparation for the March on Washington, the Pentagon readied 19,000 troops in the suburbs. More: politi.co/15jjY82

RT @WomenInTheArts “We must ensure that the story of women in the movement is told” #MarchonWashington ow.ly/olE0L #linkatlunch @msmagazine

RT @civilrightsorg We are far from justice when an #LGBTQ person can be fired just for who they are! Support #ENDA – employment nondiscrimination act! #MOW50

RT @HalfinTen .@MartinLutherK True peace is not merely the absence of tension; it is the presence of justice #talkpoverty #action4thedream #MLKDream50

RT @jbouie If “race agitator” was the “race hustler” of the 1960s, I’m pretty sure every civil rights leader at the time would have been called one.

Change in Blog Title

I just wanted to send out a message to my followers. I decided to change the title of my blog from “Joanne Tosti-Vasey Blogging for Equality” to “Civil Rights Advocacy.”  So when you get an email in the future saying something like “New post on Civil Rights Advocacy,” you will know it was from me.

Meanwhile check out the archives of my blog since I started blogging on December 14, 2012.  The archive list is located on the right hand side of my home page.  My most frequent topic areas to date are:

Campus Violence, Children, Civil Rights, Discrimination,, Domestic Violence, Economic Justice, ERA (Equal Rights Amendment), Gay Marriage, Gender Equality, Health Care, LGBTQ Issues, Marriage and Marriage Equality, NOW Inc. (National Organization for Women), President Barack Obama, Racism, Rape, Reproductive Justice, Sexism, Sexual Assault, Stalking, US Constitution, US House of Representatives, US Senate, US Supreme Court, VAWA (Violence Against Women Act), Victims of Violence, and Women’s Equality.

I’d love to hear back from you on all of these blogs; comments are ALWAYS welcome!

Thanks

Let’s Strengthen, Not Weaken Social Security

Social Security.  It’s been around for 78 years.  It’s a benefit that everyone (and their family members) who has worked in the United States is eligible to receive. You pay into the system when you are working and then when you retire or become disabled, you, your spouse, and your dependent children receive monthly benefits based on you earned income history.  Currently almost 58 million Americans receive $816 billion annually in Social Security benefits.  Most (70%) are retirees and their family members.  The rest are either disabled (19%) or are survivors (11%) of a deceased spouse or parent who would have otherwise qualified for Social Security.  We all like, expect, and will, if not already, depend upon Social Security to sustain our financial well-being and independence.

Dwight D. Eisenhower Supported Social Security

Yet it is under attack.  And has been for almost a decade.  Until 2005, both political parties fully supported Social Security.  President Dwight D. Eisenhower in a letter to his brother Edgar on November 8, 1954 said:

Should any political party attempt to abolish social security, unemployment insurance, and eliminate labor laws and farm programs, you would not hear of that party again in our political history. There is a tiny splinter group, of course, that believes you can do these things. Among them are H. L. Hunt (you possibly know his background), a few other Texas oil millionaires, and an occasional politician or business man from other areas. Their number is negligible and they are stupid.

This was right after he responded to a letter to a constituent shortly after signing a bill into law expanding Social Security.  In that letter dated September 30, 1954, President Eisenhower said:

The actual fact is that by and large the productivity of a national economy must [emphasis added], at any given time, support the people then living in the nation. This means that, roughly, the people from twenty to sixty bear the burden of supporting themselves, and in addition, support those from birth to twenty years of age, and those from sixty to eighty.

The Three-Legged Stool

At that point in our history, both sides of the aisle fully supported the idea of Social Security as the third leg of the financial stool (the other two legs being pensions and savings).

Over the years fewer and fewer people have had employment that contained a defined benefit pension.  And fewer people have retirement savings. People need all three legs.  With the other two legs being cut or chipped away at, Social Security remains potentially their only source of income should they retire or become disabled.

The Bush Administration Starts the Attacks on Social Security

The attacks on Social Security really started hard and heavy in 2005 when then President George W. Bush called for the privatization of Social Security and a redesign of Medicare that created the so-called “doughnut hole.”  I first started working on this issue that year, organizing a protest rally on the Penn State University-University Park Campus when Bush came to town to try to tell the Future Farmers of America that Social Security was a lost cause.

Over 500 people were at that protest.  Holding up signs like:

 

 2005 Rally at Penn State University Protesting the Privatization of Social Security

Bush is Wrong! Ike was Right! Hands Off My Social Security: 2005 Rally at Penn State University Protesting the Privatization of Social Security

  • Hands Off My Social Security
  • Bush is WRONG!
  • Ike was RIGHT!
Sign at Protest that says: "No! No! No Social Security Privatization Fiddle"

2005 Rally at Penn State University Protesting the Privatization of Social Security

  •  No! No! No Social Security Privatization Fiddle and

 

Banner at 2005 PSU Protest saying: "Social Security: Don't Gamble with Our Future"

Don’t Gamble with Our Future: 2005 Rally at Penn State University Protesting the Privatization of Social Security

  • Social Security: Don’t Gamble with OUR Future (referring to privatizing and placing Social Security payments in the volatile stock market).

Organizations and individuals fought back and Social Security was not privatized but Medicare was compromised when the prescription drug benefits (Part D) were written into law in 2006. This hole forces individuals on Medicare in 2013 to pay 100% of their drug costs once  you reach their Medicare Part D plan’s initial coverage limit of $2,970 and ends when you spend a total of $4,750.

This was the opening gambit to destroy Social Security. These attacks are continuing to this day.  Now it is the Tea Party Republicans who are doing the attacking.  And if they succeed, women and people of color in particular will pay the penalty.

The Seven Principals to Strengthen Social Security

Rather than decimate our safety net that we all paid for and for which we are due, we should be strengthening rather than weakening Social Security. According to StrengthenSocialSecurity.org – a coalition of over 300 national and state organizations representing over 50 million Americans, there are seven principles to fully support and strengthen our Social Security system:

  1. Social Security did not cause the federal deficit; its benefits should not be cut to reduce the deficit.  And anyone who tells you Social Security is going broke is either misinformed or deliberately trying to mislead. The Social Security Trust Fund is viable through 2033.
  2. Social Security should not be privatized in whole or in part.  Unlike Wall St. and the stock market, Social Security is a reliable, risk free source of income. These benefits are guaranteed every month and are adjusted to the rise in the cost of living.
  3. Social Security should not be means-tested.
  4. Congress should act in the coming few years to close Social Security’s funding gap by requiring those who are most able to afford it to pay somewhat more. This means that the cap on payment into Social Security should be lifted for higher income individuals.
  5. Social Security’s retirement age, already scheduled to increase from 65 to 67, should not be raised further. Increasing the retirement age disproportionately affects low-income women. The life expectancy for low-income women has decreased over the last 25 years and they are more likely to have jobs that compromise their health. Increasing the retirement age would amount to a 15% benefit cut for low-income women workers.
  6. Social Security’s benefits should not be reduced, including [benefit-reducing] changes to the COLA or the benefit formula. Republican leaders want to impose a less accurate COLA formula – the chained-CPI. The current COLA (Cost of Living Alliance) formula is based on the Consumer Price Index (CPI) which estimates the price of stuff we need (like food) changes over time.  The chained-CPI assumes that when the prices of something goes up, people will automatically replace it for something cheaper (e.g., beef would be substituted with chicken and maybe even eventually with dog food); therefore the COLA can be calculated at a lower rising level.  That con only work for the short-term since in some cases (e.g., health care) there are no substitutes and for others (e.g., the food example), people either can’t or won’t go that far without compromising their lives. Over a 30-year retirement, that means that a person would be losing a full month’s worth of Social Security every year. For senior women who often don’t have extra savings or a pension, the gap between their regular expenses and what would be covered over time under a chained-CPI would be disastrous.
  7. Social Security’s benefits should be increased for those who are most disadvantaged. This would include low-income workers, LGBTQ families in states that don’t recognize same-sex marriages, college students whose working parent has died, and people who have to drop out of the workforce to provide caregiving to their family members.

Increasing the Benefits for the Most Disadvantaged

I’d like to look at this last principle in more depth by focusing on women and Social Security because women make up the combined majority of people in these four groups.  So, why should benefits for these four groups be increased?

Low Income Workers

Low Income workers are disproportionately made up of women and people of color. Living hand to mouth, this group of working-age people have little ability to build up any retirement savings.  So one leg of the stool is cut very short.  And unlike high-income workers who worked at a company with full benefits, they are less likely to have any retirement pension at all.  The second leg is also cut very short. As a result, nearly 80% of a low-income worker’s retirement income is made up entirely of Social Security benefits.  And because of the cutbacks in Medicare with the aforementioned doughnut hole, this group of retired people – mostly women who live longer – are further squeezed.  This group of retirees, rather than having their livelihood threatened by a chained-CPI reduction should, instead have and enhanced benefit by creating a Special Minimum amount of Social Security benefits for lifetime low-income earners.

In 2012, the National Organization for Women Foundation, the National Committee to Preserve Social Security and Medicare, and the Institute for Women’s Policy Research released a report called “Breaking the Social Security Glass Ceiling: A Proposal on How to Modernize Women’s Benefits.”  This report presents a proposal to enhance this baseline level of Social Security benefits for low-income workers. They suggest improving the Special Minimum Benefit by:

  • Increasing the benefit to equal 150 percent of the aged poverty level for workers with 30 years of credit;
  • Reducing the wages required to receive a year of credit toward the minimum benefit to the amount required for four Social Security credits;
  • Indexing future increases in the minimum benefit to growth in wages rather than the CPI;
  • Providing up to ten family service years of credit toward the computation of the benefit; and
  • Increasing the Supplemental Security Income (aka SSI) general income exclusion to $100 and adjust it in future years for inflation.

LGBTQ Families

In June, the US Supreme Court, in a case known as United States v. Windsor, overturned the federal Defense of Marriage Act. They declared that committed same-sex couples who have had their relationships legally recognized as marriage must receive all of the federal benefits, including Social Security, associated with legally-recognized marriages.

Same-sex couples, who live in states that don’t recognize their marriages, however are currently out of luck.  In the 37 states without marriage equality, same-sex couples and their families are considered legal strangers. A same-sex household with one wage earner forfeits $675 monthly, the equivalent of two months’ worth of groceries for two people.

The Glass Ceiling report makes the following proposal to address continuing discrimination in these 37 states that don’t recognize same-sex marriages:

  • Amend the Social Security Act to define “wife,” and “husband” so that they no longer rely on gender-specific pronouns;
  • Provide eligibility to spousal benefits to individuals who are members of same-sex marriages, domestic partnerships, civil unions, or any other such relationship as the states, by law, may prescribe;
  • Extend to the children of these relationships, benefits under the same terms and conditions as children of heterosexual couples; and
  • Directly address the issue of disparate state-based DOMA laws by declaring that all federal family eligibility determinations under Social Security be exempted from the provisions of state-based Defense of Marriage Acts.

College Students and their Parents

Up until 1981, students attending college whose working parent had died, become disabled, or retired were eligible for Social Security benefits under their parent’s Social Security until they reached the age of 22.  That year, all post-secondary benefits were eliminated.  Most of the recipients of this benefit were disproportionately children of parents in blue-collar jobs, African-Americans, and those with lower incomes than other college students.  As a result of this change in the law, single parents—again most often women—would often defer saving funds for their own retirement in order to assist their kids through college. This decision results either in a a lower level of retirement funds for his/her parent(s) and/or a reduced likelihood of the student attending college if the parent and child are unable to fund the student’s post-secondary education.

The Glass Ceiling report makes the following proposal to address this issue:

  • Reinstate benefits for children of disabled or deceased workers until age 22 when the child is attending a college or vocational school on a full-time basis.

Caregivers

In addition to the disparity in pay between men and women, one of the main reasons women’s Social Security benefits are lower on average than that of men is that they are more likely to take time off from work to care for children or elderly and sick adult family members (spouses, parents, in-laws, and other family members).  The Social Security Administration uses a calculation known as the “average Indexed Monthly earnings primary insurance amount” (aIMe PIa) to calculate the benefit levels of all beneficiaries. Because of the way that the Social Security Administration calculates the benefit level, any temporary interruption in one’s income can significantly reduce how much Social Security a person can receive.

This affects single women as well as married women since both can and do have children and do have other family members that may need some care. Currently the only way to compensate for this care-giving duty is to provide the caregiver a spousal add-on benefit. This unfair treatment of caregivers in the Social Security formula needs to be changed so that we can continue to care for our family members without jeopardizing the financial security of the caregiver.  The Glass Ceiling report also addresses this issue by recommending a change in the way the aIMe PIa is calculated:

  • Compute the AIME PIA by imputing an annual wage for each family service year so that total earnings for the year would equal 50 percent of that year’s average annual wage index. Family service years would be those in which an individual provides care to children under the age of six or to elderly or disabled family members. Up to five family service years could be granted to any worker.

These Improvements are Affordable: With Some Changes

We can pay for these improvements, and simultaneously ensure the solvency of our Social Security system for 75 years or more. Changes to how Social Security could be funded are well-known. We just need to do it!  The funds for these changes are available IF we:

  • Remove the cap on wages subject to the Social Security payroll tax.  Rather than capping employee, employers, and the self-employed person’s payroll taxes on the first  $113,700 of income, the law should be changed to entirely remove this cap and require millionaires and billionaires to pay the same rate as the rest of us.  This one change would provide most of the needed resources.  According to Virginia Reno and Joni Lavery of the National Academy of Social Insurance, this option [by itself] would eliminate much of Social Security’s current actuarial deficit by producing revenue equal to about 2.17 percent of taxable payroll.”
  • Slowly increase the Social Security contribution rate by 1/20 of one percent over the next 20 years.  This option, according to Reno and Lavery “would provide revenue equal to 1.34 percent of taxable payroll.”
  • Treat all salary deductions like 401(K) plans.  Currently we pay Social Security and Medicare taxes on any retirement plan, such as a 401(K), a 403(b), or a 527 plan.  We do not pay these taxes on that portion of our salary we put aside to pay for any flexible spending account, such as a medical savings account.  If we were to  treat and tax flexible spending accounts just like our retirement plans, Reno and Lavery report that we would provide an about  an additional 0.48 percent of taxable payroll.

These three changes amount to 3.99% of payroll taxes and would fully close the current actuarial deficit (2.67 percent of payroll) according to Reno and Lavery.  The additional 1.32% would fund the proposals to strengthen Social Security as recommended in the Glass Ceiling report without hurting women, people of color, LGBTQ people, caregivers, college student, and low-income families.

The funds are there.  Let’s make it happen. Let’s strengthen, not weaken Social Security for everyone.

 

King’s Dream in 2013: Interlocking Destinies

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DOMA and LGBTQ Rights in PA

I just finished reading an article in PhillyNOW, a weekly blog that touts itself as an alternative to the mainstream press in Philadelphia to “bring you news and politics with an attitude, whether you like it or not.”  This article, in light of yesterday’s Supreme Court decision in UNITED STATES v. WINDSOR overturning the definition of marriage as described in Section 3 of the Defense of Marriage Act (DOMA), calls on the Democratic Party at both the state and national levels to “stand up on LGBT rights.”

I would go even further. Not only should Democrats step forward, but Republicans need to step of to the plate of equal access as well.

It doesn’t matter what party you belong to.

The Declaration of Independence says,

We hold these truths to be self-evident, that all men [sic] are created equal, that they are endowed … with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

The  5th amendment to the Constitution, in part says,

“No person…shall be deprived of life, liberty, or property, without due process of law…”

(FYI, It was this constitutional “due process” amendment that was used to overturn DOMA in yesterday’s majority opinion).

That means equality for all. Including in marriage and an end to hate and discrimination for all, gay or straight.

Our laws need to be changed here in Pennsylvania to live up to the Declaration of Independence and our Constitutional right to democracy and freedom for all. That includes, but are not limited to:

  1. revoking Pennsylvania’s DOMA law;
  2. passing marriage equality;
  3. adding sexual orientation and gender identity, as well as gender, disability, and ancestry (click here and here for current bills) back into PA’s hate crimes law;
  4. adding sexual orientation and gender identity (bill not yet introduced into the PA General Assembly) into PA’s Human Relations Act;
  5. passing the proposed the Pennsylvania Safe Schools (PASS) Act that focuses on bullying and harassment in public schools; and
  6. changing state inheritance tax laws to give the same exemptions to the tax that heterosexual couples have (as far as I can tell, there is no pending legislation in the PA General Assembly to do this).

Let’s do it sooner rather than later. Let’s come together.