Civil Rights -- Laying The Groundwork For Equality

March 3, 2009

by Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, Benjamin Armbruster, Ali Frick, and Ryan Powers

CIVIL RIGHTS

Laying The Groundwork For Equality

During the campaign, President Obama promised to "build an America that lives up to our founding promise of equality for all -- a promise that extends to our gay brothers and sisters." As president, Obama named Fred Davie, the openly gay president of Public/Private Ventures, to serve on the policy council of the Office of Faith-Based and Neighborhood Partnerships. He rehired an attorney fired by President Bush's Justice Department "after a rumor reached former Justice Department official Monica Goodling that she was a lesbian." And he has come out in support of a U.N. measure condemning discrimination based on sexual orientation. But despite these early accomplishments, two particularly discriminatory federal laws -- the military's controversial Don't Ask, Don't Tell (DADT) policy, which prohibits gay men and women from serving openly in the military, and the Defense of Marriage Act (DOMA), which bars federal recognition of same-sex marriages -- are still on the books. This week, LGBT activists and their allies in Congress are laying the groundwork for overturning both pieces of legislation.

LAWSUIT TO OVERTURN DOMA: During the campaign, Obama promised to repeal DOMA, noting that "federal law should not discriminate in any way against gay and lesbian couples, which is precisely what DOMA does." Today, Gay and Lesbian Advocates and Defenders (GLAD) filed the first concerted, multi-plaintiff legal challenge to Section 3 of DOMA. GLAD is representing a group of gay plaintiffs who have been harmed by the federal refusal to recognize their marital rights. Under Section 3, legally married same-sex couples are excluded from any federal law or program that benefits other married individuals. The consequence of Section 3 is that gays and lesbians have been denied spousal protections in Social Security, federal income tax, federal employees' and retirees' benefits, and in the issuance of passports. In fact, according to a forthcoming Center for American Progress study by Ben Furnas and Josh Rosenthal, the average same-sex couple "will be denied over $8,000 a year in Social Security survivor benefits upon the death of the higher-earning spouse after retirement." In Gill et al. v. Office of Personnel Management -- filed in federal District Court in Boston -- GLAD is arguing that Section 3 is unconstitutional because it violates the federal constitutional guarantee of equal protection and that it is "an unprecedented intrusion by the federal government into marriage law." "I think one way of looking at it is it's about change and accepting diversity, and I believe that I'm no different than anybody else," one plaintiff in the case explained. "I should get the same benefits as any other spouse of a federal employee for 27 years. I think our relationship may look different but it's ultimately the same." GLAD believes the suit "may ultimately be decided by the U.S. Supreme Court, which would mark the first time the nation's highest court heard a major DOMA challenge."

LEGISLATION TO OVERTURN DADT: Since 1994, "the military’s 'Don't Ask, Don't Tell' policy has resulted in the discharge of more than 13,000 military personnel across the services including approximately 800 with skills deemed "mission critical," such as pilots, combat engineers, and linguists." According to a 2005 report from the Government Accountability Office, "the cost of discharging and replacing service members fired because of their sexual orientation during the policy's first 10 years totaled at least $190.5 million. This amounts to roughly $20,000 per discharged service member." Moreover, as Center for American Progress Senior Fellow Lawrence Korb pointed ou t, "analysis of GAO's methodology, however, shows that the $190 million figure may be wildly off the mark" A recent study by the Palm Center found that "GAO's analysis total left out several important factors" and concluded that when the high cost of training officers is considered, "the real cost to the American taxpayer jumped to $363.8 million—$173.3 million, or 91 percent, more than originally reported by GAO." During the campaign, Obama said, "there's increasing recognition within the armed forces that this [Don't Ask, Don't Tell policy] is a counterproductive strategy. ... [W]e're spending large sums of money to kick highly qualified gay men or lesbians out of our military, some of whom possess specialties like Arab-language capabilities that we desperately need." Yesterday, during an event at the Center for American Progress Action Fund, Rep. Ellen Tauscher (D-CA) announced the filing of legislation repealing the policy. As she explained in an interview with The Progress Report, proponents of the repeal have "amassed a critical argument about not only the benefits for the American people, just on the moral and civil rights issues, but also the benefits for our military to have more people that are absolutely qualified for every reason other than currently their sexual orientation wanting to serve." Sen. Ted Kennedy (D-MA) is also "reportedly working on a Senate bill to repeal the ban and seeking a Republican co-sponsor."

CONSERVATIVE OPPOSITION TO EQUALITY: On Sunday, House Minority Whip Eric Cantor's (R-VA) pledge to return the Republican party "to be one of inclusion, not exclusion." However, most Republicans seem reluctant to support LGBT equality. RNC Chairman Michael Steele for instance, who has also promised that the party would "reach out to new communities," recently rejected the idea of civil unions. "No, no no. What would we do that for? What are you, crazy?," Steele said in response to a question about whether the Republican party "ought to consider" something like civil unions. Asked if her legislation would be a "test" for Republicans like Cantor, Tauscher told The Progress Report, "they're tested every day," but that she's "not sure that they're doing well." She added that they're locked in by their "their very rigid far right" who push arguments that "look more like bigotry and fearmongering."

CONGRESS -- KYL REQUESTED $118 MILLION FOR EARMARKS IN OMNIBUS BUT RAILED AGAINST THEM IN STIMULUS: According to Taxpayers for Common Sense, Sen. Jon Kyl (R-AZ) requested $118 million in earmarks in fiscal year 2008. On Fox News Sunday this weekend, host Chris Wallace pressed Kyl about his earmarks, saying it is an example of how Republicans have "lost credibility on the issue of spending restraint." "Who are you to lecture the Democrats on spending?" asked Wallace. Kyl deflected the question, saying that his projects weren't earmarks. "I can defend everything that I have recommended in the budget, and I would suggest that they're not earmarks under the definition, because we have a specific definition." Kyl's "specific definition" defense is ironic given his attacks on President Obama's economic recovery plan. Though Taxpayers for Common Sense has said that "congressional leaders had generally resisted the urge to fill the bill with earmarks, according to the strict definitions of the word," Kyl claimed it had "billions of dollars of earmarks and pork." In the past, Kyl has admitted that his earmark criticism is "symbolic" and that he complains about "wasteful Washington spending" for political reasons because "the consultants who look at the polls tell us that if there's anything that drives American taxpayers crazy it's that phrase 'wasteful Washington spending.'"

MEDIA -- AP BASELESSLY CLAIMS CONGRESSIONAL GOP HAS 'NO DESIRE TO DEMONIZE' OBAMA: Yesterday, an Associated Press article claimed that "congressional Republicans show no desire to demonize President Barack Obama, so they're condemning Democratic leaders instead." As evidence, the article quoted House Minority Whip Eric Cantor (R-VA) saying, "We want to work with this president." Yet the article's thesis ignores a well publicized effort by the congressional GOP to paint Obama and his policies as socialist in nature. Last week, Sen. Jim DeMint (R-SC) called Obama "the world's best salesman of socialism" adding that conservatives may have to "take to the streets to stop America’s slide into socialism." The entire GOP leadership has been hitting Obama on this line of attack. House Minority Leader John Boehner (R-OH) called Obama's budget proposal "one big down payment on a new American socialist experiment." Senate Minority Leader Mitch McConnell (R-KY) has said that Obama is trying "to basically Europeanize America," while Rep. Mike Pence (R-IN), the third-ranking House Republican, denounced Obama's economic agenda as "European-style socialism."

ENVIRONMENT -- ACTIVISTS TAKE UP OBAMA'S PUSH FOR CAP AND TRADE: Over 12,000 young people from across the country flocked to the Washington this week to meet with members of Congress and rally outside the Capitol in support of renewable energy and a reversal of outdated policies on energy and climate change. President Obama has already proposed sweeping climate change reform, centered on a cap-and-trade program to start reducing global warming emissions. Obama estimates the program will generate $646 billion over the next ten years, which would be used for tax rebates to help low- and middle-income families combat rising energy costs, as well as fund further investments in solar, wind, and other renewable-energy technology. However, some legislators, particularly from coal-rich states, are balking, citing concerns about the plan's economic impact. Of course, these legislators are joined by the fossil fuel industries, which are spending millions of lobbying dollars in an effort to stymie climate legislation. Fittingly, Jim Rogers, the CEO of coal-heavy energy giant Duke Energy, called Obama's efforts a "feeding frenzy" that will "create a market that's going to dramatically drive up the costs for allowances." Still, Obama is doing precisely what he promised during the campaign. As the Center for American Progress's Daniel Weiss said, "The only way industry should be surprised by this is that they haven't paid attention for the last 18 months."

Louisiana Gov. Bobby Jindal (R) said he was "glad" that RNC Chairman Michael Steele apologized to Rush Limbaugh. Jindal, who has been hailed by Limbaugh as "the next Ronald Reagan," said, "I think Rush is a leader for many conservatives and says things that people are concerned about."

The Wall Street Journal reports that the Obama administration is fleshing out its plan to rescue failing banks. The administration "is considering creating multiple investment funds to purchase the bad loans and other distressed assets that lie at the heart of the financial crisis, according to people familiar with the matter."

Conservatives for Patients' Rights, a new group led by the former owner of the Hospital Corporation of America, is launching a multimillion-dollar campaign today in opposition to President Obama's health care reform agenda. The group "is enlisting a group of veteran Republican consultants to fashion a multi-media battle, warning against the move toward more government involvement."

President Obama's nominee for U.S. Trade Representative, Ron Kirk, "has agreed to pay $10,000 in back taxes for speaking fees that he did not report as income and for deducting the cost of season tickets to the Dallas Mavericks basketball games."

Yesterday, the Justice Department disclosed nine secret legal opinions issued by Bush administration lawyers after the Sept. 11 attacks, which "included assertions that the president could use the nation's military within the United States to combat terrorism suspects and to conduct raids without obtaining search warrants." The memos are "the clearest illustration to date of the broad definition of presidential power approved by government lawyers in the months after the Sept. 11 attacks."

President Obama sent a secret letter to Russia's president Dmitri Medvedev last month "suggesting that he would back off deploying a new missile defense system in Eastern Europe if Moscow would help stop Iran from developing” nuclear warheads and long range missiles. "It's almost saying to them, put up or shut up," said a senior administration official.

According to a senior State Department Official, Secretary of State Hillary Clinton said yesterday in a meeting with the foreign minister of the UAE that “she is doubtful that Iran will respond to any kind of engagement and opening the hand out and reaching out to them." Her remarks offer “some evidence of a debate within the administration over the overture to Iran -- a major theme of President Obama’s presidential campaign.”

Just days before a California Supreme Court hearing on Proposition 8, the state's Legislature approved a resolution yesterday "declaring that voters alone did not have the right to adopt the gay-marriage ban." The nonbinding resolution claims that "[s]weeping revisions can only be adopted...if they originate in the Legislature, gain two-thirds approval in that body and then win approval by voters."

"One in every 31 adults, or 7.3 million Americans, is in prison, on parole or probation," a new Pew Center on the States study reports. State spending on prisons quadrupled over the last 20 years, despite the fact that crime dropped 25 percent during that time. "Criminal correction spending is outpacing budget growth in education, transportation and public assistance. ... Only Medicaid spending grew faster than state corrections spending."

And finally: Looking for ways to remember George W. Bush? Visit georgewbushstore.com. The D.C. Examiner reports some of the "classic" and "commemorative" merchandise available on the site. "[T]here's always the 'Thank You President Bush' bumper sticker ($1.50 each, but there are volume discounts for large orders!) or the ever-popular merchandise with the simple 'W' logo."

Attorney General Eric Holder has released previously undisclosed legal memos that the Bush Administration considered secret, saying that "Americans deserve a government that operates with transparency and openness."

THINK PROGRESS: Latest recovery package lie: Sen. Harry Reid (D-NV) "is committed to" a "red light express" train to Nevada brothel.

WONK ROOM: A Kansas state legislator's first-hand perspective on Gov. Kathleen Sebelius.

YGLESIAS: The declining significance of Reagan voters.

NOT LARRY SABATO: Virginia state representative compares stimulus package to slavery.

WYOMING: "A monthly business conditions index suggests Wyoming's economy is slipping into recession."

MASSACHUSETTS: Businesses endorse 25-cent gas tax hike to fix a budget shortfall.

CALIFORNIA: State legislature approves resolution /;declaring that voters alone did not have the right to adopt Prop. 8."

"We believe that the preamble to the Constitution contains an inarguable truth that we are all endowed by our creator with certain inalienable rights, among them life. Liberty, Freedom. And the pursuit of happiness."
-- Rush Limbaugh, 2/29/09

VERSUS

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
-- Declaration of Independence

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