“Let’s Not Worry About Civil Rights In This Country”: Tom Cotton; Opponents Of Anti-Gay Law Need ‘Perspective’
I’m starting to long for the good old days, just weeks ago, when nobody had to think about Senator Tom Cotton, Republican of Arkansas.
Mr. Cotton, you will remember, was the primary author of the constitutionally outrageous and substantively mindless letter from Republican senators telling the leaders of Iran that they shouldn’t negotiate on nuclear weapons with President Obama. Now, he is adding his voice to those who are telling gay Americans that they shouldn’t get too pushy about their civil rights.
Mr. Cotton was asked by Wolf Blitzer on CNN yesterday about a law passed by legislators in his home state that is clearly intended to permit businesses and individuals to discriminate against people on the basis of their sexual orientation.
“In Arkansas,” he began, “we believe in religious freedom.” Mr. Blitzer, to his credit, pointed out that “everybody believes in religious freedom.”
Mr. Cotton countered with the irrelevant fact that President Clinton signed a federal law on which the current assault on gay rights is based. (The comically named Religious Freedom Restoration Act). That’s true. He also signed the Defense of Marriage Act, an outrageous infringement on the constitutional rights of gay, lesbian, bisexual, and transgender Americans. And he signed the bill that turned military policy against gays and lesbians serving openly in the armed forces into the moronic law known as “don’t ask, don’t tell.”
So Mr. Clinton was lousy on this civil rights issue. What’s Mr. Cotton’s point?
“It’s important that we have a sense of perspective about our priorities,” he said. “In Iran they hang you for the crime of being gay.”
So, let’s not worry about civil rights in this country, which Mr. Cotton and other lawmakers can actually protect, but rather in Iran. Why Iran?
I’m so glad you asked — because Mr. Cotton wanted to turn the conversation to his current propaganda campaign about Iran. “We should focus on the most important priorities facing our country, right now,” he said, adding that the prospect of a “nuclear-armed Iran” is one such priority.
So why is Mr. Cotton trying so hard to scuttle the talks in Switzerland that could actually lead to limits on Iran’s nuclear programs?
By: Andrew Rosenthal, Taking Note, The Editorial Page, Editor’s Blog, The New York Times, April 2, 2015
“A Large Pizza With A Side Of Hate”: The Next Time You Order An Extra-Large Pepperoni, Tell Them To Hold The Hate
The only purpose of the “religious freedom” laws in Indiana and other states is to assert that discrimination against gay people is acceptable. The only way to “fix” such measures is to repeal them.
As events this week have shown, the nation is becoming intolerant of intolerance. Indiana Gov. Mike Pence (R) insisted that the absurdly titled “Religious Freedom Restoration Act” was not meant to enable discrimination. But no sooner had the ink dried on the new law than a local pizzeria announced it was just raring to discriminate.
“If a gay couple came in and wanted us to provide pizzas for their wedding, we would have to say no,” said Crystal O’Connor, whose family owns and operates Memories Pizza in Walkerton, Ind.
As a practical matter, I’m betting that few couples, gay or straight, would be devastated to go without pizza at their wedding reception. But that’s not the point. O’Connor correctly understood that the law was intended to let her discriminate against gay couples. Her family’s Christian beliefs, she said, lead her to disapprove of same-sex marriage.
It is her right to believe whatever she wants. Religious liberty is guaranteed by the Constitution. But in a pluralistic society, freedom of worship cannot mean a business that serves the general public can discriminate. When I was growing up in the South, there were business owners who believed the Lord didn’t intend for different races to mix, much less marry. Federal civil rights legislation barred these businesses from acting on that belief. The proprietors got over it.
At Pence’s urging, the Indiana legislature quickly came up with a proposal to amend the law to prohibit discrimination based on “race, color, religion, ancestry, age, national origin, disability, sex, sexual orientation, gender identity, or United States military service.” Pence signed it into law on Thursday. In other words: Never mind the whole thing, and we’re sorry we bothered everyone.
Read that list and contemplate the supreme irony: Indiana has ended up with an anti-discrimination law protecting the LGBT community that is among the toughest in the nation. Apparently, there will be pizza for everyone.
Doubtless with an eye toward Pence’s travails, Arkansas Gov. Asa Hutchinson (R) announced that he will not sign the religious-freedom law his legislature just handed him without significant changes, probably along the lines of those done in Indiana.
Pence was a big supporter of the original law, so why the rapid moonwalk in the opposite direction? Because the business community, both locally and nationally, announced its opposition and activists began talking about a boycott of the state. Because the NCAA, which is holding the Final Four tournament in Indianapolis this weekend, announced its urgent concern. Because Apple chief executive Tim Cook, who heads the most valuable company in the universe, wrote a Post op-ed denouncing the Indiana law as discriminatory.
In Arkansas, Hutchinson heard expressions of concern from Wal-Mart, the world’s biggest retailer — which happens to be headquartered in Bentonville, Ark. When Wal-Mart calls, and you’re governor of Arkansas, you pick up the phone.
About 20 states already have these religious-freedom laws on the books, although most are not as far-reaching as Indiana’s. There is no indication that rampant discrimination is taking place — but that’s not the point. The clear target is same-sex marriage, and the intention is to reassure citizens that discrimination against same-sex couples is at least theoretically permissible.
The fact that we don’t hear of these laws actually being used proves a truth about same-sex marriage that should be blindingly obvious: Whether two men or two women decide to marry has not the slightest impact on anyone else.
Just a decade ago, most gay activists considered same-sex marriage a bridge too far. Today, it’s the law in 37 states and the District. The world has not come to an end. “Traditional” marriage has not been threatened. Opponents cannot cite one negative impact on society, unless you count the deprivation felt by citizens who need somebody, anybody, to discriminate against.
With a few exceptions, such as Hobby Lobby, the business community has decided that bigotry is bad for the bottom line. Politicians can fight the likes of Apple, Wal-Mart and the NCAA if they want. It’s just not a high-percentage move.
Which brings me to the wrenching struggle the Republican Party is having with itself over the issue. It’s time for the GOP to get on the right side of history. The next time you order an extra-large pepperoni, tell them to hold the hate.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 2, 2015
“We Don’t Want You”: Indiana ‘Religious Freedom’ Bill Lets Businesses, Individuals Decide Who Gets Equal Treatment
Indiana’s state motto is “The Crossroads of America.” This week, two important roads in American politics and jurisprudence are crossing in Indiana.
One of those roads is the ongoing quest to give real protection to the rights and liberties of racial and religious minorities, women and gay people.
The other path, a reactionary one, wants to vastly expand one particular American right, the free expression of religion, to allow businesses and individuals to pick and choose who they think deserves equal treatment.
Indiana’s House and Senate have passed an Orwellian-named “religious freedom” law that Republican Governor Mike Pence said he would sign [Ed. note: Pence signed the bill into law on Thursday morning]. The bill protects businesses and individuals from having to do things — and to obey laws — that would be a “substantial burden” on their religious freedom.
Gay marriage is the most visible and politicized arena where this rights conflict is being fought. Some businesses and individuals say it would violate their religious freedom if they had to, say, provide flowers, pastries or appetizers to a gay wedding. Indiana’s new law agrees and would protect them.
This is a radical new understanding of the right of religious expression that would trump the civil rights of others.
The Indiana law is the wholly predictable and unfortunate consequence of the Supreme Court’s decision in Hobby Lobby v. Burwell last summer. In that famous case, the Supreme Court said that by forcing Hobby Lobby to provide its employees with health insurance that covered some forms of contraception, the Affordable Care Act violated the company’s religious rights.
One odd facet of the decision is that for-profit companies have the same religious rights as individuals, something common sense has a very hard time with.
More importantly, the court majority in Hobby Lobby said religious freedom no longer only meant protecting how one worships in private and in church, but also means protection from any compromise of beliefs that may come up in the public world of business and everyday life. “In a decision of startling breadth, the Court holds that commercial enterprises, including corporations, along with partnerships and sole proprietorships, can opt out of any law (saving only tax laws) they judge incompatible with their sincerely held religious beliefs,” Justice Ruth Bader Ginsburg said in her dissent.
Dissenters correctly predicted that the decision would set the table for a continuing course of new litigation, new laws and new ways to justify old discrimination. That is exactly what is happening.
If it is legal for a company to refuse to cover contraception in its insurance plan, couldn’t a Christian Scientist company refuse to provide health insurance at all? If it’s okay to refuse catering services at a gay wedding, what about at an interracial marriage? They violate some religious beliefs, too. What if a corner store owned by Muslims didn’t want to serve Jews, or vice versa?
It isn’t hard to make this a long list. Indiana is on the verge of sanctioning and empowering this very un-American mutation of a fundamental American principle.
Earlier this week, Senator Ted Cruz launched his presidential campaign at a convocation service at a Christian fundamentalist university. What a powerful message that sends to Americans who aren’t Christian — Jews, Buddhists, Muslims, atheists and, the biggest category of all, “none of the above.” The message is simply: We don’t want you.
Indiana is at a crossroads and is about to send that very same message, enshrined in a law.
By: Dick Meyer, Chief Washington Correspondent for the Scripps Washington Bureau and DecodeDC; The National Memo, March 27, 2015
“American Pathologies”: A Texas Law Would Let Teachers Shoot Students Who “Threaten” School Property. Guess Which Students Would Suffer Most?
Proposed legislation in Texas would allow teachers to use force, including deadly force, against students threatening the lives of others. If that unsettles you, consider the bill’s next provision: Teachers could also use deadly force to stop students from threatening school property. The bill, nicknamed the “Teacher’s Protection Act”, would create “a defense to prosecution for and civil liability of an educator who uses force or deadly force to protect the educator’s person, students of the school, or property of the school, and suspension of a student who assaults an employee of a school.” Proposed by Rep. Dan Flynn, the bill is unlikely to become law—but it indicates a twisted pathology in the way we think of schools and students.
The bill is the logical conclusion of a diverse set of American pathologies, including the tendency to classify the protection of property as tantamount to the protection of life, and the use of zero tolerance policies in schools to make them precursors to prison, especially for black students. This law expresses both disturbing habits in two distinct ways.
First, by extending protected lethal force from the defense of life to the defense of school property, the law permits deadly violence in schools as a reaction to rather typical disciplinary problems. Imagine, for instance, a case of trespassing (students coming onto school property after hours) or theft of school property. In ordinary circumstances infractions like these would be regulation bad behavior, but if schools are given their own version of castle doctrine, it is unclear if these behaviors would still be viewed as ordinary rule-breaking, or something worthy of a lethal reaction.
Second, the law would rely on teachers’ judgment to distinguish between situations requiring lethal force and situations not requiring lethal force. In such situations, teachers own unconscious biases could influence their decisions in ways that disproportionately affect minority students. It’s already clear, for instance, that when it comes to doling out discipline, teachers are not colorblind. A 2014 report produced by the U.S. Department of Education Office of Civil rights found evidence that black children as young as preschool aged are suspended at much higher rates than their white peers. As they move up in the school system, the report found, black students are expelled and suspended at a rate three times higher than their white peers. Moreover, while black students comprise only 16 percent of total school enrollment, they make up 27 percent of students referred to law enforcement, and 31 percent of students arrested for school-related reasons. In all grades and forms of discipline (expulsion, suspension, etc.) boys make up a greater proportion of the punished than girls.
All of this amounts to a much harsher disciplinary picture for black boys than any other students, suggesting that, if teachers were to be given leeway to use lethal force for widely expanded reasons—such as the defense of lunch tables and chalk boards—it’s likely black boys would wind up disproportionately on the losing end. Far from protecting teachers, this law would only place a population already vulnerable to harsh disciplinary measures inside school walls at further risk. Texas doesn’t exactly have a history of forward thinking when it comes to matters of human rights, but in a time when the lives of black boys seem to be ended with startling impunity by authority figures, this bill seems especially ill-considered, and especially cruel.
By: Elizabeth Stoker Bruenig, The New Republic, January 30, 3015
“Rights Not Safeguarded Can Be Eroded Or Lost”: Nation’s Voting Rights Laws Headed In Wrong Direction
One of the most painful scenes in Ava DuVernay’s film, Selma, about Martin Luther King Jr.’s protest marches in Selma, Ala., shows nurse Annie Lee Cooper, played by Oprah Winfrey, being turned away from registering to vote because she can’t name the state’s 67 county judges. Such ploys to block black people from voting were used in the South even after the 1964 Civil Rights Act. They ensured that unequal laws and systems endured, since elected officials were answerable only to the whites who had elected them. It took the Voting Rights Act in 1965 to make that civil right binding. Yet today that victory that legions of volunteers fought for is under attack.
Last year the U.S. Supreme Court upheld a Texas law to require voters to show photo ID cards. The law had been challenged by the U.S. Justice Department and struck down by a federal judge who said 600,000 registered voters in Texas had no government-issued ID, and that African-Americans were thrice as likely as whites to not have one. But the law was upheld by a federal Court of Appeals. Texas found ammunition in a 2013 Supreme Court ruling, Shelby County (Alabama) v. Holder, striking down a section of the Voting Rights Act that had required states with a history of voter discrimination to get federal approval before changing voting procedures. Various states have responded with new voting restrictions.
“If you live in rural Mississippi, and you have no license, you have no ID,” says Patti Miller, who just completed a documentary about the role of Iowans in the 1964 Freedom Summer. She noted that Hispanics in urban areas face the same problem.
Iowans Return to Freedom Summer, depicts five young white people, including Miller, who grew up in overwhelmingly white Iowa and answered a call from the Student Non-Violent Coordinating Committee to aid desegregation efforts in Mississippi. They were among 700 college students from around the country who flocked to Mississippi to help register black voters, teach black children in Freedom Schools and organize community centers. The experiences were life changing.
“I’m not sure if that sense of purpose has happened since,” reflected Miller at a preview of her film Monday. “It affects everything you do, your attitudes and outlook on life.”
For Marcia Moore, one of the Freedom Summer volunteers, seeing how hard Mississippi fought to keep black people down brought tough reckonings about her own country. Richard Beymer (who subsequently played Tony in West Side Story) found that summer a joyful time, even though “we were at war, in a sense.” He lived with seven other civil rights workers in a rented house without indoor toilet or shower, all resolute about confronting racism. Stephen L. Smith never fully got over a severe beating at the hands of Mississippi police. Yet he remained politically active, becoming the first American to burn his draft card. All reflect on their experiences in Miller’s film.
There were disagreements within SNCC about including white students, Miller recalls. “A lot felt it should be only blacks. But whenever white people were involved, the press covered it.”
The white students’ activism also “lit a fire” that prompted black people to start protesting, observes Lenray Gandy, a black Mississippi native, in Miller’s film. The movie depicts a Mississippi that didn’t just force blacks and whites to use separate drinking fountains and waiting rooms, but where black people weren’t allowed to try on shoes at the shoe store. A black man couldn’t walk down a street where a white woman was walking. Blacks couldn’t sit in the front of a bus and were expected to keep their eyes downcast when addressing whites.
But the deprivation that ensured all the others stayed in place was being unable to vote. Registrars would use a 95-question test to reject prospective black voters, according to Shel Stromquist, now a professor emeritus from the University of Iowa who took part in Freedom Summer and appears in the film.
Miller formed the Keeping History Alive Foundation because, as the saying goes, those who can’t remember the past are condemned to repeat it. But remembering may not be the problem for politicians enacting current voting restrictions. More likely they see some political advantage to suppressing the minority vote. So the question is whether fair-minded Americans will insist that Congress pass legislative fixes to ensure all qualified Americans have their voices heard.
Miller will forever be affected by the power of committed black and white people living, cooking, eating, working and risking their lives together. She went on to work with King’s organization in Chicago. So it’s disheartening for her to visit college campuses these days and see black and white students self-segregate in dining halls.
It’s easy to get complacent about battles won long ago. But rights not safeguarded can be eroded or lost. Celebrating King’s birthday, as we do this week, shouldn’t just mean reflecting on how far we’ve come, but on where we’re going, and what it will take to stay on track.
By: Rekha Basu, The National Memo, January 21, 2015
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