“Talking In The Bathroom”: Abstinence-Only Education May Well Come To Wisconsin And Utah
Here’s a way to save time debating women’s health. Rather than allow people to fight and debate the issues around birth control and access to healthcare, simply don’t tell them key facts about contraception and sexual health. That way, rather than fighting, kids will be blissfully ignorant. Or, you know, rely on the wisdom of my sister’s best friend’s cousin who says you definitely can’t get pregnant if it’s a full moon.
Legislatures in both Wisconsin and Utah have passed abstinence-only education bills. It’s now up to governors in both states to determine whether or not to make the measures law.
Utah’s proposal is significantly more stringent. It would actually ban schools from teaching about contraceptives—and, for that matter, homosexuality. The Deseret News reports that hundreds of protesters have flooded the capitol, asking Governor Gary Herbert to veto the bill. The governor has said the public efforts against the measure won’t sway him; according to the News, a survey at Brigham Young University showed 58 percent of Utah residents believe contraceptives should be part of the curriculum in sexual education. Herbert is expected to decide on the bill next week. In the meantime, parents may want to stock up some Judy Blume books.
Meanwhile, in Wisconsin, Governor Scott Walker is already a fan of the measure, and is expected to sign it into law. The Green Bay Gazette explains that the bill, passed, 60-34 in the GOP-dominated House this week, would require schools “to teach abstinence as the only reliable way to prevent pregnancy and sexually transmitted diseases.” Abstinence-only education has been banned since 2010, but if this measure passes, schools won’t have to mention contraception, though according to HuffPo, they do have to get into “the socioeconomic benefits of marriage.” (Presumably LGBT kids can sit out that day, since the party isn’t big on letting them get married.)
Last year, the New York Times Magazine featured a fascinating story on what would happen if we actually taught children sex-positive education, dealing with questions not only about sexual health but also about sexual pleasure. The article made a key point—that many of today’s adolescents rely on internet pornography for much of their knowledge around sex. Kids get exposed to sex at younger and younger ages. Regardless of one’s opinions on that, it’s disturbing that those same kids will lose potential adult mentors who could have offered accurate information to counter the many falsehoods that come, either from the porn industry or simply talking in the school bathroom.
By: Abby Rapoport, The American Prospect, March 15, 2012
“The Fundamental Right To Vote”: Second Judge Strikes Down Wisconsin’s ALEC-Inspired Voter ID Law
A Dane County judge has declared Wisconsin’s American Legislative Exchange Council-inspired voter ID law unconstitutional, making him the second judge in one week to block the law’s unnecessary burdens on the right to vote.
“The people’s fundamental right of suffrage preceded and gave birth to our Constitution,” wrote Dane County District Judge Richard Niess, “not the other way around.”
The judge rebuffed assertions by Governor Scott Walker and legislative Republicans that they possessed the authority to impose new burdens on voting. “[D]efendants’ argument that the fundamental right to vote must yield to legislative fiat turns our constitutional scheme of democratic government squarely on its head,” he wrote.
“A government that undermines the very foundation of its existence – the people’s inherent, pre-constitutional right to vote – imperils its legitimacy as a government by the people, for the people, and especially of the people. It sows the seeds for its own demise as a democratic institution.”
The case was brought by the League of Women Voters and tried by the law firm Cullen, Weston, Pines & Bach.
Judge Niess’ decision comes less than a week after a Wisconsin State Court judge temporarily enjoined the same voter ID law — Act 23 — on grounds it likely violated the state constitution, but only until that court could hear a full trial. Niess’ decision, also decided under the Wisconsin Constitution, permanently invalidates the law. Governor Walker’s Department of Justice says they will quickly appeal the decision.
Voting Protected by Wisconsin Constitution
Article III, Section 1 of the Wisconsin Constitution provides that all state residents who are U.S. citizens and over age 18 may vote, and Section 2, according to the decision, “authorizes the government to exclude from voting those otherwise-eligible electors (1) who have been convicted of a felony and whose civil rights have not been restored, or (2) those adjudged by a court to be incompetent or partially incompetent, unless the judgment contains certain specifications.”
According to Judge Niess, Section 1 and 2 provide the exclusive basis for creating laws that implement the constitutional requirements for voting. “The government may not disqualify an elector who possesses those qualifications on the grounds that the voter does not satisfy additional statutorily created qualifications not contained in Article III, such as a photo ID,” he wrote.
“By enacting Act 23’s photo ID requirements as a precondition to voting, the legislature and governor have exceeded their constitutional authority.”
Wisconsin passed Act 23 in May on a contentious, party-line vote. Four lawsuits challenging the law have since been filed. Wisconsin Republicans assert that the law should be upheld because the U.S. Supreme Court decided in 2008 that Indiana’s relatively similar voter ID law did not violate the U.S. Constitution. However, two of the four lawsuits are challenging Act 23 under the Wisconsin Constitution, which unlike the U.S. Constitution expressly protects the right to vote. Wisconsin’s voter ID law is also more strict than Indiana’s, and evidence indicates it will place more burdens on a greater number of people.
Voter ID’s ALEC Roots
Wisconsin’s voter ID law bears many elements of the ALEC model Voter ID Act. ALEC began to focus on voter ID shortly after the highest general election turnout in nearly 60 years swept America’s first black president into office with strong support from college students and African-Americans. Soon after the 2008 elections, “Preventing Election Fraud” was the cover story on the Inside ALEC magazine, and ALEC corporations and politicians voted in 2009 for “model” voter ID legislation.
Around 34 voter ID bills modeled after the ALEC template were introduced in 2011. Those bills have been coming under increasing scrutiny in recent months.
Judge Niess’ decision came on the same day that the U.S. Department of Justice blocked Texas’ ALEC-inspired voter ID law on grounds it would suppress the Latino vote. Last December, the D.O.J. blocked South Carolina’s voter ID bill as discriminatory against people of color. Texas and South Carolina are two of several states with a history of discrimination requiring federal pre-clearance for changes to voting laws or procedures under the 1965 Voting Rights Act. Wisconsin is not subject to pre-clearance.
“The right to vote belongs to all Wisconsin citizens”
While last week’s state court decision by Judge David Flanagan focused on how the voter ID law “is addressed to a problem which is very limited” and “fails to account for the difficulty its demands impose upon indigent, elderly and disabled citizens,” Judge Niess issued his decision based solely on the legislature’s constitutional authority to regulate voting. “It is not necessary to consider the human cost of photo ID requirements in order to expose their constitutional deficiencies,” he wrote. “They are unconstitutional on their face.
But, Judge Niess wrote, “there is no harm in pausing to reflect on the insurmountable burdens facing many of our fellow constitutionally qualified electors should Act 23 hold sway.”
“Mostly they would consist of those struggling souls who, unlike the vast majority of Wisconsin voters, for whatever reason will lack the financial, physical, mental, or emotional resources to comply with Act 23, but are otherwise constitutionally entitled to vote.”
While noting that “where it exists, voter fraud corrupts elections and undermines our form of government,” Niess stated that “voter fraud is no more poisonous to our democracy than voter suppression. Indeed, they are two heads on the same monster.”
Niess wrote:
“Where does the Wisconsin Constitution say that the government we, the people, created can simply cast aside the inherent suffrage rights of any qualified elector on the wish and promise – even the guarantee – that doing so serves to prevent some unqualified individuals from voting?
It doesn’t. In fact, it unequivocally says the opposite. The right to vote belongs to all Wisconsin citizens who are qualified electors, not just the fortunate majority for whom Act 23 poses little obstacle at the polls.”
By: Brendan Fischer, Center for Media and Democracy, March 13, 2012
“A Foiled Power Grab”: Voter ID Laws Face Major Roadblocks
Texas Republicans have been trying for years to pass a law that would require state voters to show identification before hitting the polls—and state Democrats have been equally determined to stop such a measure. The Rs came close in 2009, but the House Democrats, only two seats away from a majority, blew up the legislative session rather than see the measure pass. By 2011, however, fresh from Tea Party victories, the GOP had overwhelming majorities in both Houses. The bill was almost undoubtedly going to pass, and rather than go for a more moderate version of voter ID with non-photo options, the conservatives went for the gold, introducing one of the most stringent versions of a voter ID requirement. The only option left for the Democrats was to set up the grounds for the legal battles sure to come.
Monday, it looks like those efforts paid off. The Department of Justice has blocked the law, meaning that while the measure goes to the United States District Court for the District of Columbia, the Lone Star State won’t be allowed to enforce the measure. Not every state must seek permission before changing election law, a process known as preclearance. The entire reason Texas must preclear changes to its election law stems from the state’s history of civil rights abuses. 50 years after the Voting Rights Act was passed, it seems the feds are right to keep their guard up.
Of the many problems the DOJ outlines in its letter to the state, one major point came up repeatedly during the legislative debate on the subject: the plight of rural voters. Democratic senators hit hard on the problem of access to state drivers’ license offices; in the letter, the DOJ notes 81 of the state’s 254 counties lack operational drivers’ license offices. The DOJ also notes that in rural areas the gap between Hispanics and non-Hispanics who have the necessary ID is “particularly stark in counties without driver’s license offices.” The senators were also vehement in discussing the hardships low-income voters would face both in terms of logistics and in terms of monetary costs. The DOJ finds that someone lacking the necessary documents to get an ID would have to start by obtaining a birth certificate—at minimum $22.
The question, not surprisingly, stems from whether Hispanic voters will be disproportionately affected by the new hurdles. The DOJ is fairly damning here, looking separately at two data sets provided by the state, one from September 2011 and one from January 2012. The state failed to explain discrepancies between the two sets of data, but more importantly, the two sets both show similar trends. Latino residents are significantly less likely to have the identification necessary for voting. Furthermore, the letter notes that the state has done almost nothing to educate voters about the coming change: “The state has indicated that it will implement a new educational program;” the letter reads, “but as of this date, our information indicates that the currently proposed plan will incorporate the new identification requirement into a general voter-education program.”
The state attorney general has already filed a preemptive lawsuit, so the next step is the D.C. Courts. But in the meantime, the law can’t go into effect—a legal win for the minority rights groups and Democrats fighting against the state. It’s not the only victory. As the DOJ issued its letter, a second judge in Wisconsin has blocked the state’s measure to require idenfication. Back in December, the Obama administration nixed a similar proposal from South Carolina.
To me, the partisan quality of the debate stains almost everything. Last week, I wrote about Connecticut’s efforts to increase voter turnout—a rare example in the midst of efforts to make voter more difficult. I’ll say now what I said then. These measures have obvious partisan consequences—and voter ID would help Republicans and hurt Democrats in political races. It’s obvious that concern for power is motivating many of the actors in the debate.
But voting is a holy act in democratic governments. It’s a powerful right, one people have struggled and died to exercise, and only relatively recently have minority communities had the necessary legal protections to get to the ballot box. The fact that the DOJ’s decision may benefit one political party is hardly worth mentioning when one considers that it also benefits basic rights of citizens.
By: Abby Rapoport, The American Prospect, March 12, 2012
Will 2012 Be The Year Of The “Birth Control Moms”?
First came the soccer moms.
Then the security moms.
Will 2012 be the year of the “birth control moms”?
Just a few weeks ago, the notion would have seemed far-fetched. The country is deeply divided on abortion, but not on contraception; the vast majority of American women have used it, and access hasn’t been a front-burner political issue since the Supreme Court decided Griswold v. Connecticut in 1965.
But then Rick Santorum said states ought to have the right to outlaw the sale of contraception.
And Susan G. Komen for the Cure yanked its funding for Planned Parenthood.
And the U.S. Conference of Catholic Bishops teed off on President Barack Obama’s contraception policy.
And House Republicans invited a panel of five men — and no women — to debate the issue.
And a prominent Santorum supporter pined for the days when “the gals” put aspirin “between their knees” to ward off pregnancy.
Democratic strategist Celinda Lake says it’s enough to “really irritate” independent suburban moms and “re-engage” young, single women who haven’t tuned into the campaign so far.
And, she says, the stakes are high: Women backed Barack Obama in big numbers in 2008 but then swung right in 2010. If the president is to win reelection in 2012, he’ll need to win women back — and Lake and other Democrats see the GOP push on contraception as a gift that will make that easier.
“I feel like the world is spinning backwards,” said former Rep. Patricia Schroeder, who has often related the troubles she had as a young married law student getting her birth control prescriptions filled in the early 1960s. “If you had told me when I was in law school that this would be a debate in 2012, I would have thought you were nuts … And everyone I talk to thinks so, too.”
Jennifer Lawless, director of the Women and Politics Institute at American University, also sees the chance of a huge female backlash if the Republicans overreach.
“If women feel they are being targeted again, that women’s health is on the line — that’s not an argument you want to make in an election year,” she said.
Not so, says Republican pollster Kellyanne Conway, who’s advising Newt Gingrich. Voters understand that Republicans aren’t trying to come between women and the pill. They are fighting for constitutionally protected religious freedoms.
“This doesn’t inhibit any woman’s ability to access contraception,” Conway said. “The question is should we pay for it, and should conscientious objectors be forced to compromise their beliefs.”
And, she argued, Obama blundered by talking reproduction while American women want to hear about recovery. Voters see it as a distraction from jobs, jobs, jobs.
“Overreach and distraction can really sink his presidency,” Conway said. “Voters demand a course correction from either party when they see overreach — and in his case, course correction means losing reelection.”
How it plays out between now and November may depend on how long the debate lasts — and whether the contraception-access or religious-freedom frame prevails.
The conservatives on the other side say the fight is not about birth control or women’s health. It’s about morality and religious liberty under the Constitution. And that’s a basic American value that resonates with voters, they say.
“That’s about as fundamentally American as any principle I’m aware of,” Sen. Roy Blunt (R-Mo.) told reporters this week. Blunt is sponsoring legislation that would allow any employer to refuse to cover any health benefit on moral grounds — not just birth control or abortion, and not just employers like a school or hospital that have a formal religious affiliation.
Republicans are beginning to insert the religious freedom argument into some Senate races, particularly those where at least one candidate is a woman.
But Rep. Tammy Baldwin, who is running for Senate in Wisconsin, said the radio ads in her state won’t work. She told POLITICO that Wisconsin voters are probably still most concerned about the economy, but they’re also “aghast that, in 2012, birth control could even be an issue of contention.”
That social and political acceptance of contraception has translated into broader insurance coverage. Contraceptives are increasingly treated like any other drug, according to Usha Ranji, associate director of women’s health policy at the nonpartisan Kaiser Family Foundation.
Many states require contraceptive coverage as a benefit, and federal employees plans have included it since 1998. A Kaiser-Health Research and Educational Trust survey found that four out five large employers covered birth control in 2010, and nearly two out of three smaller businesses did. Abortion coverage is much less common.
The trend toward greater birth control coverage for women was also given a jolt after Viagra became widely available and covered under health plans in the late 1990s. Women demanded pill parity.
Although there was some variation depending on how the question was worded, several recent opinion polls found considerable support, even among Catholics, for Obama’s policy to require employers to cover contraceptives as a preventive health care benefit while allowing exemptions for religious employers.
But the debate from here out isn’t about religious affiliates, such as a parochial school or Catholic hospital. It’s about broader opt-outs for individual employers, not just those with an institutional religious affiliation.
Blunt noted that there are many people who have moral objections to specific medical services. Vaccines and blood transfusions are examples.
But advocates of broader coverage requirements note that many people pay, directly or through tax dollars, for policies they disagree with.
Public programs like Medicaid finance contraception, as do federally funded clinics. Federal tax breaks go to all qualified employee health plans, no matter what women’s health provisions they include. And people pay for all sorts of policies they disagree with, whether it’s a war or an environmental regulation.
Ironically, Lawless noted, all the attention to contraception at the moment may end up boosting the overall public standing of the 2010 health care law. Free preventive health care, whether it’s a cancer screening or the pill, may well become as popular as provisions like allowing young adults to stay on their parents’ health plans until age 26.
“People understand this,” said Lawless. “They can say, ‘I get it. This helps me. This helps my daughter.’ They don’t understand things like a tax credit for student loan interest.”
So far, the contraception policy debate isn’t precipitating the kind of online outrage that prompted the Komen about-face on funding breast cancer screening by Planned Parenthood. Schroeder said that’s because women don’t, at the moment, perceive this debate as a threat. “You aren’t hearing women’s voices now because they know they are winning,” she said.
But if the current starts to run against them, Schroeder predicted, voices will be heard. And votes will be cast.
By: Joanne Kenen, Politico (Contribution by J. Lester Feder), February 18, 2012
The Tea Party Plan To Save Scott Walker
Tea partiers are gung-ho to help the Wisconsin governor fend off a recall vote—and their fate may well be tied to his.
As soon as April, millions of Wisconsinites will vote on whether to oust Gov. Scott Walker—a rising Republican star and arguably the most polarizing governor in politics today—just two years into his first term in office. Walker’s recall election is a referendum on his hardline conservative agenda, including curbing collective bargaining rights for state workers and slashing education funding. For Walker himself it’s a pivotal moment in his young political career.
The recall fight is also a crucial test for the tea party, the populist movement that helped elect Walker in 2010, vigorously defended him during last winter’s protests over his anti-union “budget repair” bill, and has been organizing to prevent his ouster. The movement’s support is flagging, its clout dwindling, its buzz mostly gone. But now, tea partiers at the state and national levels are rallying around Walker’s recall defense, hoping a victory could bolster the movement in a critical election year. A defeat, on the other hand, would give ammo to liberals and conservatives alike who say the tea party is all but dead.
In recent months, the Tea Party Express, a national organization, and the Campaign to Defeat Barack Obama, a tea party-linked political action committee, have waded into the recall fight, blasting out more than a dozen emails to supporters and launching a $100,000 “money bomb” fundraiser to help defend Walker. They argue that the outcome has national implications for the 2012 presidential election; a Tea Party Express email to supporters in January announced that Wisconsin is “Ground Zero for the Battle Against Obama’s Liberal Agenda.”
The Campaign to Defeat Barack Obama says it has raked in small donations from supporters throughout the country, from Napa, California, to Nashua, New Hampshire. The group’s director of grassroots outreach, Donald La Combe, wrote in an email to supporters that funds would go toward TV and radio ad campaigns as well as “war rooms” throughout Wisconsin to bolster Walker’s support among voters. “We’re going to win this fight, we’re going to DEFEAT the RECALL, and we’re going to stop Barack Obama from getting Wisconsin’s 10 Electoral Votes,” La Combe wrote. (Neither of the above groups responded to requests for comment.)
Two Wisconsin tea party groups, We the People of the Republic and the Wisconsin Grandsons of Liberty, claim to have signed up 11,000 volunteers and trained 4,000 of them to scrutinize the estimated 1 million signatures gathered by Walker foes. That signature total was nearly two times the 540,208 needed to launch the recall process; nonetheless, the two groups’ vetting operation, VerifyTheRecall.com, was created to root out duplicate signatures and “downright fraud” found in recall petitions for Walker and Lt. Governor Rebecca Kleefisch, their website says. Meanwhile, the Wisconsin branch of Americans for Prosperity, the Koch-funded group that helped train and grow the tea party, held a town hall earlier this month touting the budget reforms enacted by Walker and state Republicans.
It’s not hard to see why the tea partiers would go all-in to defend Walker. There is no clear tea party favorite left to rally behind in the 2012 GOP presidential nomination fight with Michele Bachmann, Rick Perry, and Herman Cain all out of the race. Walker, on the other hand, is right in the tea party’s sweet spot: He battles unions, axes state spending, rejects federal funding, and is rigidly pro-life and pro-gun rights.
The tea party also has a lot of political capital invested in Walker. When intense anger over Walker’s anti-union “budget repair” bill spilled into the streets of the state capital of Madison last February, Americans for Prosperity swooped in to hold a counter-protest defending Walker. Other tea party groups also rushed to the aid of Walker and ripped his critics.
“Walker is a central figure to them, their Sir Galahad battling the evil unions,” says Theda Skocpol, a Harvard sociology professor and coauthor of The Tea Party and the Remaking of Republican Conservatism. Walker ultimately signed the bill into law in March, and it later survived multiple legal challenges.
Last summer, Tea Party Express and Tea Party Nation, two national groups, launched a four-day bus tour across Wisconsin defending six Republicans facing recall elections for their roles in the battle over Walker’s anti-union bill. (Republicans lost two recall races, but clung to a narrow, one-seat majority in the state Senate—a “victory” the tea party claimed credit for.) Tea Party Express also ran TV ads defending Walker’s agenda on the economy.
How much influence does the tea party have at this point? An analysis last July by the liberal blog Think Progress found that the number of events held each month by the Tea Party Patriots, a national group, had dropped by half in the first seven months of 2011 compared with the same period in 2010. Harvard’s Skocpol affirms that tea party events “are falling off some, but there is not a collapse.”
A Pew Research Center analysis published in November found that 23 percent of people in the 60 districts represented nationwide by House Tea Party Caucus members disagreed with the tea party, up from 18 percent a year earlier. Meanwhile, 25 percent of respondents in those districts agreed with the tea party, an 8 percent drop. And a Rasmussen poll this month reported that dislike of the tea party was at an all-time high—and that 46 percent of respondents said the tea party would hurt the GOP in the 2012 elections.
A recent Marquette University poll (PDF) found similarly lackluster support for the tea party in Wisconsin. Forty one percent of respondents thought poorly of the tea party while 33 percent viewed it favorably.
Still, even if the tea party suffers a major defeat with Walker’s recall, their influence will be felt for years to come given the hardline agendas promoted by state and federal lawmakers swept into office in 2010. And Skocpol says the recall election could be a galvanizing event for the movement. “Because all of the tea party forces have not been able to unite on a GOP candidate for president, they’re going to redouble on things like the Wisconsin crusade,” she says. “Grassroots tea partiers everywhere will be be following and contributing to the Walker campaign.”
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