Winning Progressive

As Winning Progressive reported recently, 2011 was a banner year for LGBT equality.  And 2012 is off to a good start.  Yesterday, Washington State’s Democratic Governor Chris Gregoire signed legislation making that state the seventh to recognize marriage equality.  In doing so, Gov. Gregoire reversed her previous opposition to marriage equality, and Washington became the first state in the country to recognize marriage equality after having previously banned it.  Meanwhile, the U.S. Court of Appeals for the Ninth Circuit struck down California’s anti-marriage equality Proposition 8 as violating the US Constitution, though the case is now going to the US Supreme Court. And yesterday, the New Jersey State Senate approved marriage equality by a 24-16 vote.

While significant progress has been made, much work remains to ensuring that all LGBT Americans have the same right and opportunity to marry the person they love that heterosexual Americans have.  This Valentine’s Day is a great time for all of us to step forward and support the fight for marriage equality.  Here are five states where helping advance the cause of equality will be especially important in 2012:

New Jersey

The New Jersey marriage equality bill now goes to the state General Assembly, where it is expected to pass.  However, GOP Governor Chris Christie has vowed to veto the legislation, claiming that marriage equality needs to be subject to a voter referendum. If you live in New Jersey call Gov. Christie – 609-292-6000 – and your state legislators, and write a letter to the editor in support of marriage equality.

Maine

In Maine, marriage equality supporters turned in more than 105,000 petition signatures in support of putting the issue of marriage quality on the ballot for the 2012 elections.  This figure is more than twice the number of signatures needed. Assuming that the initiative gets on the ballot, we need to work to make sure it passes.  The organization leading the fight is called Why Marriage Matters Maine, and here are links to helping out:

* Organization website   * Contribute   * Volunteer   * Facebook page    *Maine newspaper links

Maryland

Supporters of equality suffered a setback last spring when marriage equality legislation that had passed the state Senate was narrowly defeated in the state House of Delegates.  A large progressive coalition, however, is back to get the legislation passed in 2012, and Maryland’s Governor Martin O’Malley announced last week that he has made the legislation one of his administration’s handful of top legislative priorities.   Equality Maryland is leading the fight by, among other things, holding weekly phonebanks throughout the state.  Here are links for helping out:

* Organization website   * Contribute   * Volunteer   * Facebook page   * Maryland newspaper links

Minnesota and North Carolina

Unfortunately, there are also states where we have to play defense, as conservatives have gotten anti-marriage equality initiatives onto the ballot in Minnesota and North Carolina.  In Minnesota, the opposition to this initiative is being led by Minnesotans United:

* organization website  * Contribute  * Volunteer  * Facebook Page    * Minnesota newspaper links

In North Carolina, the effort to stop the anti-marriage equality Amendment One is being led by Protect All North Carolina Families:

* organization website   * Contribute   * Volunteer  * Facebook Page   * North Carolina newspaper links

Two female sailors become the first same-sex couple to share
the traditional "first kiss" after a US Navy ship  returns.
Photo by Brian J. Clark/AP

2011 has been a banner year for the advancement of LGBT equality at the national, state, and local levels.  Following are some of the highlights.  While much work remains, these last few days of 2011 would be a good time to take a moment to celebrate these truly wonderful progressive victories that have brought our country closer to the ideal of equality for all.

DADT Repealed – On September 20, the discriminatory Don’t  Ask Don’t Tell policy, which excluded openly gay and lesbian Americans from serving their country in the military, officially ended.  The official end of that policy followed a certification by military leaders and President Obama that ending the ban on LGBT Americans serving their country in the military would not jeopardize military readiness.  Such certification requirement was established in legislation passed by the Democratic House and Senate in December 2010 that started the repeal process.

Challenging DOMA – In February 2011, the Obama Administration and Attorney General Eric Holder announced that they would no longer defend the “Defense Of Marriage Act” in court because they concluded that the Act is unconstitutional.  In July, the Obama DOJ filed a brief supporting a federal court lawsuit challenging the constitutionality of DOMA, and earlier this month the DOJ sent one of its top civil rights attorneys to argue in federal district court against DOMA.

Supporting Repeal of DOMA – President Obama announced his support for the Respect for Marriage Act, which would repeal the indefensible DOMA.  The Respect for Marriage Act has been introduced in the Senate by Senator Dianne Feinstein (D-CA) and in the House by Representative Jerry Nadler (D-NY).

Promoting LGBT Rights Abroad – In December, the Obama Administration issued a memorandum announcing its intent to use foreign diplomacy, including foreign aid, to promote LGBT rights around the world. That announcement was accompanied by a speech in favor of LGBT riInghts given by Secretary of State Hillary Clinton at United Nations Human Rights Council.

First Openly Gay Federal Judge – In July, the first openly gay federal judge, J. Paul Oetken, was confirmed by the US Senate by an 80-13 vote after being nominated by President Obama and recommended by Sen. Charles Schumer (D-NY).

Hospital Visitation Rights – On January 17, Department of Health and Human Services regulations requiring any hospital that receives Medicare or Medicaid funding to guarantee equal visitation rights for LGBT patients went into effect.  The rules were promulgated at the direction of President Obama, who had issued a Presidential Memorandum calling for equal visitation rights.

Public Support for Marriage Equality – For the first time in nearly a decade of polling, the majority of respondents (53%) stated they were in favor of marriage equality.  44% were opposed.

US Senate Support for Marriage Equality – the number of Senators who have publicly declared their support for marriage equality is now up to at least 20 (all of them Democrats), after Senators John Kerry, Mark Udall, and Robert Menedez all announced their support in 2011.

New York - July 23, 2011 was the first day in which same-sex marriages were legally authorized in New York, thanks to legislation that was recently passed with the strong support of Governor Andrew Cuomo and New York City Mayor Mike Bloomberg.

California - California Governor Jerry Brown signed into law the Fair, Accurate, Inclusive, and Respectful (“FAIR”) Education Act, which requires that the economic, social, and political contributions of LGBT Californians be included in the school curriculum in that state.

Connecticut – In July, Connecticut became the 15th state in the country to ban discrimination based on gender identity in employment, housing, public accommodations, and other areas of the law.

Delaware - In May, Delaware Gov. Jack Markell signed legislation making his state the 8th in the nation to recognize same-sex civil unions.  The law is scheduled to go into effect on January 1, 2012.

Florida – The Miami-Dade County School District, which is the fourth largest in the nation, added sexual orientation and gender identity to their anti-bullying and harassment policy.

Hawaii - In February, Hawaii Gov. Neil Abercrombie signed legislation recognizing same-sex civil unions.

Maryland – Supporters of equality suffered a setback last spring when marriage equality legislation that had passed the state Senate was narrowly defeated in the state House of Delegates.  A large progressive coalition, however, is back to get the legislation passed next year, and Maryland’s Governor Martin O’Malley announced last week that he has made the legislation one of his administration’s handful of top legislative priorities.  If you’d like to support this effort, “like” Equality Maryland’s Facebook page.

Massachusetts – In November, Massachusetts became the 16th state to ban discrimination in housing, employment, insurance, and other areas based on gender identity.

Washington – in Washington State, Democratic Congressman and candidate for Governor Jay Inslee publicly announced his support for marriage equality a few days before launching his gubernatorial campaign.  If you’d like to learn more about Inslee and his campaign, here is his campaign Facebook page and website.

Utah – the state Democratic Party elected Utah’s first openly gay major political party leader by choosing Jim Dabakis.  Dabakis is a co-founder of the Utah Pride Center and Equality Utah.

Here are a few stories that we’d like to briefly highlight:

A Formerly-Disillusioned Obama Supporter Apologizes:

The L.A. Times yesterday had an interesting op-ed from a Californian named Spike Dolomite Ward, a 2008 supporter of President Obama who had become disillusioned because she felt the President had not done enough to help the middle class.  Then Ms. Ward was stricken with breast cancer, lost her employer-based insurance coverage, but was able to get insurance through the Pre-existing Condition Insurance Plan that was created by President Obama’s health care reform legislation.   As Ms. Ward explains:

Which brings me to my apology. I was pretty mad at Obama before I learned about this new insurance plan. I had changed my registration from Democrat to Independent, and I had blacked out the top of the “h” on my Obama bumper sticker, so that it read, “Got nope” instead of “got hope.” I felt like he had let down the struggling middle class. My son and I had campaigned for him, but since he took office, we felt he had let us down.

So this is my public apology. I’m sorry I didn’t do enough of my own research to find out what promises the president has made good on. I’m sorry I didn’t realize that he really has stood up for me and my family, and for so many others like us. I’m getting a new bumper sticker to cover the one that says “Got nope.” It will say “ObamaCares.”

Record $209 Million Fine For Coal Mine Disaster:

In April 2010, a major explosion killed 29 miners at the Upper Big Branch coal mine in West Virginia that was then owned by Massey Energy.   Earlier this week, the new owner of that mine, Alpha Natural Resources, agreed to a $209 million penalty , including $1.5 million to each of the victim’s families and $80 million for safety investments in the company’s coal mines.  The settlement of the federal government action against the company is by far the largest ever in a mining accident case, and it came on the same day that the federal Mining Safety and Health Administration issued a 1,000 page report detailing numerous shoddy safety practices and the steps that Massey took to hide those practices from federal government inspectors.

Promoting LGBT Rights Overseas:

The New York Times reports that the Obama Administration has announced its intent to use the power of American diplomacy to promote LGBT equality throughout the world:

The Obama administration announced on Tuesday that the United States would use all the tools of American diplomacy, including the potent enticement of foreign aid, to promote gay rights around the world.

In a memorandum issued by President Obama in Washington and in a speech by Secretary of State Hillary Rodham Clinton here, the administration vowed to actively combat efforts by other nations that criminalize homosexual conduct, abuse gay men, lesbians, bisexuals or transgendered people, or ignore abuse against them.

“Some have suggested that gay rights and human rights are separate and distinct,” Mrs. Clinton said at the United Nations Human Rights Council in Geneva, “but in fact they are one and the same.”

The Presidential memorandum can be found here and Secretary of State Hillary Clinton’s speech announcing the policy can be found here.

Part of making our progressive goals a reality is thanking and supporting our representatives when they do the right thing on an issue.  Last Friday, the Obama Administration’s Department of Justice did the right thing by filing a brief in federal court arguing that the indefensible Defense of Marriage Act (“DOMA”) is unconstitutional because it discriminates against LGBT Americans.   Thank the Obama Administration for taking this stand by contacting the White House and by making sure your progressive friends and acquaintances are aware of the steps that the Obama Administration is taking to end DOMA.

The core of DOMA is Section 3, which defines “marriage” for purposes of federal law as being only between a man and a woman, and “spouse” as being only a person of the opposite gender who is a husband or wife.  The result of this provision is that same-sex couples are not able to receive any federal benefits that accrue to married couples or spouses, even if a same-sex marriage is legally valid under state law.  There are approximately 1,138 provisions in federal law in which benefits, rights, or privileges are dependent on marital status and, therefore, denied to same-sex couples by DOMA.  These include health insurance and other benefits for the spouses of federal employees, numerous tax provisions that benefit married couples, and special considerations given to spouses in immigration, asylum, and deportation proceedings.  In short, DOMA denies LGBT Americans equal rights under the law.

Because of its discriminatory impact, there are numerous lawsuits pending in federal courts that challenge the constitutionality of DOMA.  In 2009 and 2010, the Obama Administration DOJ defended DOMA in federal court, as it is customary for DOJ to defend federal laws unless and until Congress changes them.  In February 2011, however, the Obama Administration and Attorney General Eric Holder announced that they would no longer defend DOMA in court because they concluded that the Act is unconstitutional.

Last Friday, the Obama Administration DOJ went a major step further and filed a brief in the case of Golinski v. United States Office of Personnel Management urging the court to find Section 3 of DOMA unconstitutional because that law was “motivated in substantial part by animus toward gay and lesbian individuals and their intimate relationships.”  In that case, Karen Golinski, a federal employee, is seeking to have her spouse covered under the federal employee health insurance plan, just as opposite sex spouses are covered.  Click here to read the DOJ brief, which includes a detailed discussion of the discrimination that LGBT have and continue to experience at the hands of federal, state, and local governments and private actors.

The DOJ filing is an important step, as it is the first time that the federal government has urged that a court apply heightened scrutiny to a law that discriminates against LGBT Americans (just as heightened scrutiny applies to laws that discriminate based on race or gender).  The litigation over DOMA is also a good example of how elections matter.  When the Obama Administration announced that it would stop defending DOMA in court, the House Republicans, acting through the Bipartisan Legal Advisory Group (which has a 3-2 Republican majority), hired their own lawyers to defend DOMA in court.  This effort is being paid for by taxpayers, at the rate of $520 per hour and up to $500,000 total.   The Obama Administration DOJ brief discussed above was filed in response to the House Republicans’ motion asking the court to dismiss Golinski’s lawsuit on the grounds that DOMA is constitutional.   The House Republicans’ brief is available here, and it is striking how different it is from the brief that the Obama Administration filed.

When the Obama Administration’s DOJ defended DOMA in 2009, progressive bloggers such as AmericaBlog were harshly critical.  That criticism was certainly understandable, though considerably overwrought at times.  Now that the Obama Administration DOJ has stood up on this issue and urged a federal court to find DOMA unconstitutional, we certainly hope that progressives will thank and support the Obama Administration for doing the right thing.   You can help out by contacting the White House, writing a letter to your local newspaper editor, and talking with your friends and colleagues about why you support the Obama Administration standing up for equality for LGBT Americans.

(Editor’s Note – Below is an open letter to President Obama urging him to publicly support marriage equality.  Please send this or a similar letter to President Obama by clicking here, and urge your family and friends to do the same.)

Dear President Obama:

I write as a proud supporter to urge you to take a stand on the civil right issue of our time and to strongly and publicly support marriage equality.

Last Friday, New York became the sixth state in our country to legalize gay marriage by passing legislation that was strongly supported by Gov. Andrew Cuomo, New York City Mayor Mike Bloomberg, grassroots activists throughout the state, and even four Republican State Senators.  Even before this vote, many were asking where you are on this issue and now, with the New York victory having occurred, the questions are piling up.

I strongly disagree with the critics who suggest that you not a friend of the LGBT community.  In fact, your Administration has done more to advance policies supporting LGBT equality than any other.  I and tens of millions of other Americans thank you for keeping your promise to end Don’t Ask Don’t Tell, ending the legal defense of the indefensible “Defense of Marriage Act,” requiring all hospitals that accept Medicare or Medicaid to ensure equal visitation rights to LGBT Americans, extending employee benefits to same-sex partners of federal employees, and lifting the HIV Entry Ban.  We still have a far ways to go to achieve full equality in the U.S., and I strongly believe that you are a friend and ally in that continuing struggle.

That being said, the statements from folks in your Administration that your position on marriage equality is “evolving” or that you are “grappling” with the issue simply do not cut it.  Having watched you answer questions about civil unions and marriage equality during the primary campaign for your 2004 U.S. Senate run, I believe that you have privately supported marriage equality for a long time now, as the delivery of your answers suggest that you didn’t find the distinctions you were offering for supporting civil unions but opposing marriage equality convincing.   But, regardless, now is the time for you to stand up on this issue for at least four reasons.

1. It is morally the right thing to do – Marriage equality is an issue of fundamental fairness.  As straight people, I was free to marry my spouse and you, President Obama, were free to marry Michelle with no impediment from the state or federal government.  But in most states, our fellow LGBT Americans are not allowed to make that ultimate commitment to the person they love.  As a result, LGBT Americans are not able to honor and proclaim their relationships in the same way that other Americans are, and LGBT Americans are denied access to the more than 1,000 legal rights that accompany marriage in the U.S.  Such unequal treatment is morally wrong, and should not continue in a country that prides itself on equal rights for all.

2. It is what our Democratic Party is about – For decades, our Democratic Party has proudly taken a strong leadership role in fighting for the laws and policies necessary to spread the benefits of freedom and equality to all Americans.  In 1948, Democratic President Harry Truman ordered the military desegregated.  In the early- to mid-1960s, Democratic Presidents John F. Kennedy and Lyndon Baines Johnson passed a series of civil rights acts that started to chip away at racial discrimination in housing, accommodations, voting rights, and other areas of society.  And Democratic leaders and activists have played leading roles in the fight for gender equality, the rights of workers, and disabled Americans.  Democrats have taken these steps because they are consistent with our fundamental belief that the benefits of society should accrue to all Americans, not just to a privileged or select few.  It is now time to recognize that such belief requires us to lead the fight for marriage equality, rather than to sit on the sidelines of this major civil rights issue.

3. You can be a great spokesperson for marriage equality – Your ability to communicate progressive ideals in compelling and convincing ways has always been clear.  From your 2004 Democratic National Convention speech, to the multitude of great speeches you made during the 2008 Presidential campaign, to your ringing endorsement of the progressive ideal of government in your speech on fiscal responsibility back in April 2011, your ability to communicate and persuade has never been in doubt.  That talent alone could add a lot to the fight for marriage equality.  In addition, you have a life story that supports the ideal of marriage equality.  Namely, your parents’ marriage in the early 1960s would have been illegal in many states in the U.S. because many states outlawed interracial marriage at the time.  Who better to fight for marriage equality now than a person who has gone from his parents’ marriage being illegal in many states, to running for and winning the race to be President of those same states?

4. It is a politically smart thing to do – While I am sure your aides have urged you to not take a stand on this issue in order to avoid alienating voters on this issue their political calculus is, frankly, wrong.   The most recent polls show that opponents of gay marriage are now in the minority, with the last four national polls showing support for marriage equality at over 50%.  The latest CNN poll on the issue shows support for gay marriage at 55% among independents, and in the electoral battlegrounds of the Midwest and West, support is at 54% and 61%, respectively.  And, more importantly, your public support will help rally a progressive base that, rightly or wrongly, has raised concerns about how willing you are to stand up on our issues.  People who would vote based on the issue of gay marriage are almost certainly not going to vote for you regardless of what you do, while standing up in support of marriage equality now would help ensure that a well-organized group of progressives will be enthusiastic about fighting for your re-election in 2012.   We all know that the GOP is going to throw every dirty trick and slimy attack they can at you.   In such circumstances, having enthusiastic supports ready to get in the trenches to counteract those attacks is critical to victory.

In short, supporting marriage equality is the right thing to do morally and politically, would be invaluable to the movement for equality, and will help our party continue its long and proud tradition in favor of fairness and equality.  So, Mr. President, I urge you to continue the great track record you have on LGBT equality and fight for the civil rights issue of our time – marriage equality.

Sincerely,

Winning Progressive

For this weekend’s reading list, we have an account of the marriage equality victory in New York; analyses of the myths of nuclear safety in Japan, the GOP myth that government spending harms the economy, and the conservative myth that EPA regulations kill jobs; and an evaluation of the bad idea of allowing a tax holiday for overseas corporate profits.

If you have any feedback on these articles, or would like to recommend an article for next weekend’s reading list, please let us know at Winning Progressive’s Facebook page.

The Road To Gay Marriage in New York - An account of how Gov. Andrew Cuomo, grassroots activists, and even a small group of wealthy Republican donors managed to get marriage equality in New York

‘Safety Myth’ Left Japan Ripe for Nuclear Crisis – How the public relations-driven myth that nuclear power is entirely safe led Japan to be unprepared for the Fukushima nuclear disaster

The GOP Myth of ‘Job-Killing’ Spending – Former Federal Reserve vice-chair Alan Blinder explains the irrationality of the Republican position that government spending is bad for the economy

EPA Bashers Aren’t Protecting Jobs, They’re Protecting Polluters – An overview of the research undermining the conservative myth that EPA regulations destroy jobs, and showing that there is an overwhelmingly favorable net benefit of environmental regulations to society

Tax Holiday for Overseas Corporate Profits Would Increase Deficits, Fail to Boost the Economy, and Ultimately Shift More Investment and Jobs Overseas – the Center on Budget and Policy Priorities’ analysis of the latest corporate giveaway being promoted in Washington