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LGBT

NOM To Blackmail Equality-Supporting Companies By Stoking Middle East Anti-Gay Persecution

The National Organization for Marriage (NOM) plans to expand its campaign to stoke homophobia abroad to undermine pro-equality American companies, according to audio of a conference call obtained by The American Independent. When asked during the call about Starbucks, which had spoken out against anti-gay ballot referenda, NOM President Brian Brown suggested his organization planned to intensify its campaign against Starbucks and other similar companies in countries where homophobia is pervasive:

Their international outreach is where we can have the most effect…So for example, in Qatar, in the Middle East, we’ve begun working to make sure that there’s some price to be paid for this. These are not countries that look kindly on same-sex marriage. And this is where Starbucks wants to expand, as well as India. So we have done some of this; we’ve got to do a lot more.

This strategy is incredibly irresponsible: by associating Starbucks with gay rights in homophobic countries, NOM is singling out Starbucks employees for anti-gay abuse and more generally stoking anger towards LGBT people. The broader Middle East is home to three out of the five countries in the world where homosexuality is punishable by death. Though Qatar specifically isn’t one of them, its government defends other countries’ right to execute LGBT persons and, according to the State Department, “there was an underlying pattern of discrimination towards LGBT persons based on conservative cultural and religious values prevalent in the society.” The situation in India, the other country NOM singled out, is also dire:

The majority of Indian homosexuals – many of whom still live with the parents – refer to their partners as “friends” for fear of being disowned by their families. Many are forcibly married off, trapped in a cycle of pretence and deception and facing social ridicule if they attempted to come out. And those who can live together do not advertise their sexuality, for fear of being evicted by landlords or preyed upon by the corrupt police who extort money from them on threat of exposure.

Under these circumstances, attempting to associate Starbucks with LGBT causes with said causes is doubly irresponsible. NOM is exposing employees to risk they did not voluntarily take on and potentially undermining the quest for the most basic of equal rights by painting LGBT rights as something foreign imposed by a Western company. That NOM is willing to take these chances with others’ lives and livelihoods — to “pay the price,” in Brown’s words — in an attempt to indirectly (and so far, unsucessfully) influence politics inside the United States speaks volumes about the organization.

Health

How A ‘Grand Bargain’ On The Deficit Could Threaten America’s Hospitals

As the White House and Congress grapple with negotiations to prevent yet another showdown over raising the country’s debt limit, hospitals across the nation are worried the so-called “fiscal cliff” will encourage lawmakers to strike a deficit-reduction deal that could cripple safety-net programs and hospitals.

Medicare and Medicaid, two of the budget’s largest entitlement expenditures, are ripe territory for potential cuts in a “grand bargain” on deficit-reduction. But health care advocates like Republican Senate Majority Leader Bill Frist — who is a former physician and an unabashed Obamacare supporterwarn that excessive additional cuts to Medicare- and Medicaid-servicing hospitals could be devastating:

“I don’t think hospitals understand how deep these cuts are going to be in the grand bargain,” Frist said at the World Healthcare Innovation and Technology Congress.

The possibility for more hospital spending cuts on top of those coming under the Patient Protection and Affordable Care Act was not a surprise to some.

“If you just take a look at where the money goes in terms of federal expenditures, healthcare is right there,” said Dr. Robert Laskowski, CEO of Christiana Care Health System, Wilmington, Del. “So the bull’s-eye is an accurate description of the risk.”

In response, his health system is focusing on implementing and expanding quality improvement and cost-savings initiatives. Laskowski said he did not know whether such initiatives by many hospitals would succeed in dissuading deficit negotiators from targeting them.

Safety net hospitals are already worried about the strain they will be under in the states that don’t participate in Obamacare’s Medicaid expansion. The health reform law cut funding to Medicaid disproportionate share hospitals, expecting the expanded Medicaid pool to offset the cost, but those cuts will deeply hurt safety-net hospitals if GOP governors keep refusing to expand their states’ programs.

The potential of looming spending cuts can help encourage doctors and providers to find innovative ways to cut health spending and improve their systems of care. The health law does include some cuts to hospitals’ reimbursements in order to reallocate those funds to reward the hospitals that provide higher quality, less expensive care. But if Congressional leaders shirk difficult budgetary decisions on taxes, defense, and discretionary spending and choose to instead slash funding for safety-net services in a way that spurs contraction instead of innovation, they will be balancing the budget on the backs of America’s sick, poor, elderly, and the hospitals that give them life-saving treatment.

Justice

Judge Blasts Ohio’s Last Minute Disenfranchisement Effort: ‘I Don’t Want To See Democracy Die In The Darkness’


Ohio Secretary of State Jon Husted is fast becoming one of the most despised election officials in the country for his many attempts to restrict early voting and throw out legitimate provisional ballots. He’s also alienating federal judges left and right. After Husted issued a last-minute directive that could invalidate thousands of Ohioans’ votes, US District Judge Algenon Marbley did not bother to hide his impatience with the secretary’s hijinks.

Husted’s directive, which was issued at 7 pm on the Friday before the election, openly defies Ohio state law by shifting the burden of correctly filling in a provisional ballot form from the poll worker to the contested voter. As Andrew Cohen at the Atlantic explains, Judge Marbley had already worked out an agreement that placed the responsibility on poll workers and the state, so a vote would still be counted if the poll worker made an error. Husted’s directive snuck around this agreement, apparently infuriating the judge:

THE COURT: Mr. Epstein, would you agree that voting is the linchpin of our democracy?

[STATE ATTORNEY] MR. EPSTEIN: Yes, Your Honor.

THE COURT: I do too. What concerned me about the 2012-54 directive is that it was filed on a Friday night at 7 p.m. The first thought that came to mind was democracy dies in the dark. So, when you do things like that that seeks to avoid transparency, it appears, then that gives me great pause but even greater concern. So, if anyone I’m going to give additional time to, it’s going to be you, Mr. Epstein, because you have a lot of explaining to do [...] I’m really trying to get to the root of this, and I don’t want to see democracy die in the darkness on my watch, especially with voting. You know I have a special place for voting.

Ohio’s attorney was unable to point to any legal justification for ignoring the law and shifting the burden to the voter. Marbley exploded:

THE COURT: So show me where it is. Show me where it’s meant. Show me the legislative history. Show me the facts that the secretary used to make the decision to change this directive at seven o’clock on a Friday night on the eve of an election. I want to see it, and I want to see it now. Show it to me.

MR. EPSTEIN: Your Honor, I have no legislative history to present to the Court.

Marbley isn’t the first federal judge to be provoked by Husted’s defiance. After another district judge, Judge Peter Economus, ruled that Ohio must restore early voting hours on the three days before the election, Husted forbade the local election boards from following the court order. Husted backed down when the judge issued a terse order that demanded he appear in court to personally explain himself.

Marbley’s ruling is expected Monday. Provisional ballots will be counted on November 17.

Economy

Small Businesses Grew Twice As Fast Under Clinton Tax Rates

Republicans have long opposed the expiration of the high-income Bush tax cuts, those that hit incomes over $250,000, because they claim it will be a tax hike on America’s small businesses. House Speaker John Boehner (R-OH) said as much today in highlighting his opposition to the expiration. “Raising taxes on small businesses will kill jobs in America,” Boehner said. “It is as simple as that.”

Economic evidence, however, contradicts that view. Under President Clinton, the top marginal tax rate was 39.6 percent, where it would return if the high-income Bush tax cuts expire at the end of the year. But small businesses grew twice as fast during Clinton’s time in office than they did when President Bush occupied the White House, as this chart from the Center on Budget and Policy Priorities shows:

Boehner has repeatedly highlighted a flawed study stating that the expiration of those tax cuts would kill 700,000 jobs and hit a substantial number of small businesses, even as non-partisan reports from the Congressional Budget Office and Congressional Research Service show that the expiration would have little effect on economic growth, and the Joint Committee on Taxation found that only 3 percent of small businesses would be hit by the increase.

And, as CBPP notes, there are numerous problems with Boehner’s argument. A “small business” would have to earn substantially more than $250,000 a year to actually feel an impact of the higher tax rates, meaning it likely isn’t that small anyway. Many of them, meanwhile, are “pass through entities,” businesses that operate as investment vehicles or for other reasons and are “not engaged in business activity as it is traditionally understood.” According to a Treasury Dept. study cited by CBPP, just 7.6 percent of the income taxed at the top two income tax rates comes from actual small business income.

NEWS FLASH

Quick Guide To When Marriage Equality Expansions Takes Effect | The American Foundation for Equal Rights (AFER) has posted a guide for when the new expansions of marriage equality will take effect. Washington’s law will take effect December 6 (30 days after the election). Maine’s law could take effect as early as December 6 as well, but it depends on when the governor officially proclaimed the result of the vote. Maryland’s law was set to take effect January 1, though that is a government holiday and licenses don’t take effect for 48 hours, so January 4 is the earliest day a same-sex couple will be legally married there. In addition, if the Supreme Court decides not to hear the Proposition 8 case when it conferences on November 20, the Ninth Circuit ruling takes effect and same-sex marriage becomes legal there.

Justice

Why Republicans Caught Committing Voter Fraud Show Photo ID Laws Are Unnecessary

Over the past two years, state legislators affiliated with the controversial American Legislative Exchange Council mounted a furious push to enact strict vote-suppressing voter ID laws. But while advocates claimed these laws are necessary to prevent voter impersonation fraud, two arrests Tuesday demonstrate that the opposite is true.

Talking Points Memo reports two Republican voters attempted to “test” whether they could commit voter fraud in New Mexico and Nevada. Neither state requires identification to vote, but both discovered that that does not equate to voter fraud being legal — or easily committed.

In Nevada, 56-year-old Roxanne Rubin, a Republican, was arrested on Nov. 2 for allegedly trying to vote twice, the Las Vegas Review-Journal reported. The newspaper quoted a report by an investigator with the Nevada Secretary of State’s Office that said Rubin “was unhappy with the process; specifically in that her identification was not checked.” … She was arrested at the Riviera Hotel and Casino in Las Vegas and charged with a category “D” felony.

On Tuesday in New Mexico, a Republican poll watcher was taken into police custody after also apparently trying to test the system. According to the Las Cruces Sun-News, the man voted, then obtained a second provisional ballot and announced he was simply “testing the system to see if people could get away with voting twice.”

There are many reasons why in person voter fraud — the “problem” these voter ID laws purport to solve — is virtually non-existent. Most people accept the principle of “one person, one vote” and don’t try to cheat the system because doing so is morally wrong. Others recognize that doing so is illegal and do not want to risk being charged with a category “D” felony. And with more than 121 million votes cast in Tuesday’s presidential election, voting twice would be a hugely inefficient way to influence the election.

While polls initially showed statewide support a voter ID measure in Minnesota, once voters learned that such a measure was unnecessary (no one has ever been convicted of voter impersonation in the state’s history), would create hurdles that could keep citizens from voting, and would potentially cost the state millions, it failed with nearly 54 percent of voters refusing to back the effort.

Health

Meet The Republican Governors Who Still Won’t Implement Obamacare

President Obama’s re-election confirms his landmark health care reform isn’t going anywhere, but Republican lawmakers will likely continue their attempts to undermine Obamacare even if they no longer push for an full repeal of the law. In fact, uncompromising Republican governors will likely keep preventing Obamacare from taking effect in their states by standing firm in their resistance to setting up health exchanges and expanding Medicaid.

As Politico points out, whether or not the health reform law is able to operate as it was intended — and expand coverage to about 30 million previously uninsured Americans — largely depends on the extent that governors agree to cooperate in their states. But some Republican governors have already made it clear that they don’t plan on playing nice during Obama’s second term:

Bob McDonnell (R-VA)

McDonnell acknowledged that federal health reform is inevitable now that Obama has been re-elected — but that doesn’t mean he’s ready to cooperate. McDonnell confirmed that Virginia will not be setting up its own health exchange and will continue to refuse to participate in the expansion of the Medicaid program. “I don’t want to buy a pig in a poke for the taxpayers of Virginia,” he said on Wednesday.

Nathan Deal (R-GA)

On Thursday, Deal said his state still doesn’t want any part of Obamacare during the president’s second term and likely won’t work toward setting up its own health exchange. “We’ve pretty well indicated that we don’t like the way that the program has evolved,” he said. Unfortunately for his state’s low-income residents, Deal doesn’t plan to expand the Medicaid program in Georgia either.

Sam Brownback (R-KS)

Brownback chose to put off the decision about setting up a health exchange until after the election, in hopes that a Romney win would eliminate the need to implement Obamacare in his state. But now that the future of the health reform law is secure, Brownback noted on Thursday that he still won’t cooperate with the federal government. “My administration will not partner with the federal government to create a state-federal partnership insurance exchange because we will not benefit from it and implementing it could costs Kansas taxpayers millions of dollars,” Brownback said in a statement.

Rick Scott (R-FL)

Even before the election, Scott made it clear that he wouldn’t set up a health exchange or expand Medicaid in his state. And now that Obama has won a second term, he is holding firm in his opposition to heath care reform, even though Florida has some of the highest rates of uninsurance in the nation. On Wednesday, Scott confirmed that Obama’s re-election doesn’t change anything for him.

Nikki Haley (R-SC)

Like Scott, Haley announced her intention to opt out of both a state-run health exchange and the expansion of the Medicaid program during Obama’s first term. And her administration is showing no signs of changing course now that the election is over. On Thursday, South Carolina’s Department of Health and Human Services director Tony Keck reiterated that the state will not be pursuing its own exchange. “We’ve let them know we’re not going to set up a state-based exchange. It’s a federal program and it’s their responsibility to make it work,” Keck said.

LGBT

Catholic Hierarchy Mourns Marriage Equality Victories

The Catholic Church’s “Marriage Unique for a Reason” page has posted a round-up of various bishops’ disappointed reactions to the marriage equality victories in Maine, Maryland, Minnesota, and Washington this week. The Church was one of the single biggest funders of the anti-equality campaigns and a partner in all four states. These reactions reveal how Church leaders continue to condemn homosexuality and ostracize same-sex families while simultaneously claiming not to discriminate. As Cardinal Dolan indicated this week, they remain committed to fighting equality moving forward:

Bishop Richard Malone (formerly of Portland, Maine): “I trust that those who voted for such a radical change did so out of concern for our brothers and sisters who struggle with same-sex attraction.”

Archibishop William Lori (Baltimore, Maryland): “[We need to] redouble our efforts to defend marriage, to preach about what marriage is, and to help people understand it as a unique relationship that does not discriminate against anyone, but is for the good of children and for the good of society.

Maryland Catholic Conference: “The ballot language they encountered masked the fact that this law does not simply assign civil benefits to gay and lesbian couples, but drastically dismantles in our state law the fundamental family unit of mother, father and child.

Minnesota Catholic Conference: “Our position on the amendment was never ‘anti’ anyone, but ‘for’ marriage. We continue to emphasize that everyone, including those with same-sex attraction, must be treated with charity, dignity, and respect.”

Archdiocese of St. Paul/Minneapolis: “The Church’s public advocacy of support for the Minnesota Marriage Protection Amendment has always been rooted in our commitment to advance the common good for human society. [...] We will continue to work to strengthen marriage, and defend it against all forms of its weakening, for the good of all society.”

Archbishop J. Peter Sartain (Seattle, Washington): “I am disappointed that so many voters failed to recognize marriage between a man and a woman as the natural institution for the permanent, faithful covenant of love for a couple, for bringing children into the world, and for nurturing and educating those children. This change in civil law is not in the best interest of children or society.”

Though the Catholic Church strives to create a society where same-sex couples simply do not exist, they will increasingly have to co-exist with a nation that recognizes and welcomes these families into its communities.

NEWS FLASH

Supreme Court To Hear Challenge To Key Provision Of The Voting Rights Act | In an order that should surprise no one, the Supreme Court announced today that it will hear a challenge to a key provision of the Voting Rights Act, which requires many states to “pre-clear” new voting laws with the Department of Justice or a federal court in DC to ensure that those laws do not discriminate on the basis of race. The justices heard a similar case in 2009, but surprised most Court watchers by not striking down this key voting rights law. After this decision, the provision now under challenge prevented many states from implementing voter suppression laws such as requirements that voters show photo ID in order to vote. The justices also announced they will hear a case concerning whether a state may collect DNA samples from criminal suspects prior to their conviction.

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