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LGBT

African-American Lawyers To SCOTUS: We’ve Heard These Anti-Marriage Equality Arguments Before

Howard University School of Law

The Howard University School of Law is one of the oldest law schools in the country and the oldest law school at any historically black college or university (HBCU). Its Civil Rights Clinic has filed an amicus brief urging the Supreme Court to overturn Proposition 8 by highlighting how all of the arguments against same-sex marriage equality are simply recycled variations on arguments that were used to justify prohibitions of interracial marriage until Loving v. Virginia was decided in 1967 (citations omitted):

In the Jim Crow era, the denial of marriage rights to interracial couples served as one of the most potent symbols of the less-than-equal status of  African-Americans. As recently as 1967, sixteen states still had anti-miscegenation statutes on their books; the last such statute was not officially repealed until 2000. Opponents of interracial marriage justified criminal prohibitions against such unions by pointing to the purported detrimental effect of interracial births and parentage, the supposed destruction of society if people marry between the races, and the so-called natural law rationale for keeping the races separate.

While public debate over interracial unions has generally died since Loving v. Virginia, today the opposition to marriage for same-sex couples relies on arguments strikingly similar to those raised in opposition to interracial marriage. Without acknowledging the racial provenance of these discredited arguments, opponents of marriage equality have attacked same-sex couples as a threat to American society, American families and heterosexual marriage, as an affront to the laws of God and nature, and as a menace to their children.

The brief goes on to highlight five distinct arguments that transcend the debates between marriage equality for interracial couples and marriage equality for same-sex couples:

  • SOCIAL ORDER: Marriage equality is a threat to the social order and would “introduce a form of pollution to marriage.”
  • SEXUALIZATION: The people who want to get married have relationships that are purely sexual, promiscuous, and “deviant.”
  • PSEUDOSCIENCE: Researchers have distorted research to raise fears about supposed consequences of marriage equality.
  • JUDEO-CHRISTIAN VALUES: The Bible forbids recognizing these relationships.
  • CHILDREN: These relationships will cause physical and psychological damage to the children they raise.

The similarities are jarring, and Howard provides plenty of examples for each to demonstrate just how unoriginal the arguments against same-sex marriage truly are. The brief concludes with this stirring rebuke of equality’s opponents, including a quote from gay black poet James Baldwin:

But the certainty and monotony with which some will always sound the death knell for society, morality, and faith, just because two adults choose to marry, cannot obscure the reality that we heard virtually the same arguments for almost three hundred years to justify preventing two black people from marrying and then a black man from marrying a white woman. Nor, when all is said and done, can these jeremiads about how marriage equality for same-sex couples will lead to our final slouching toward Gomorrah obscure the reality that it is “an inexorable law that one cannot deny the humanity of another without diminishing one’s own.”

(HT: Kathleen Perrin.)

LGBT

Opposition To Marriage Equality Concentrated Among Elderly, Evangelicals, And Non-College Educated

A new analysis of exit polls conducted by pollsters representing both political parties found that opposition to marriage equality is concentrated in a few specific population groups: voters over the age of 65, white evangelical Christians, and white voters who do not have a college degree. African American voters who identify as evangelicals were pretty closely split on the question, but all other groups were quite supportive. Here’s a breakdown of how the opposition compares with other groups:

  • Voters over age 65 oppose same-sex marriage 58-37.
    • Voters under 65 favor marriage equality 52-44.
  • White evangelical Christians oppose same-sex marriage by nearly 3 to 1.
    • African-American evangelical Christians narrowly oppose marriage equality 47-45.
    • All non-evangelicals, including other white Protestants, white Catholics, Hispanic Catholics, African American non-evangelicals and Jewish voters, support marriage equality by double-digit margins.
  • White voters who do not have a college degree oppose marriage equality 56-40.
    • Non-white voters without a college degree support marriage equality 54-38.
    • White college graduates support marriage equality 56-41.
    • Non-white college graduates support marriage equality 58-35.

It’s thus unsurprising that legislators who support marriage equality are not likely to endanger their re-election prospects by doing so, as the voters who might punish them for their vote are isolated to these three pockets. This also demonstrates how ineffective the National Organization for Marriage’s efforts to drive a wedge between racial groups have been. Polling has consistently shown that nationwide support for marriage equality continues to grow, and these new data confirm that the freedom to marry is embraced quite widely.

Justice

NRA To African Americans: You’ll Need Guns To Protect Yourselves From The Government

The National Rifle Association (NRA) is increasing its outreach to African Americans with a new campaign that links the Civil Rights struggle and nonviolent resistance to gun ownership, arguing that blacks need firearms to protect themselves from the government. The video is part of an effort by the gun lobby to grow the organization’s appeal beyond a mostly white, middle-class membership and attribute high rates of gun violence in some African American communities to “culture” rather than the prevalence of guns.

“It’s not a gun problem, it’s not even a violence problem. It’s a culture problem, it’s a poverty problem, it’s a history problem,” YouTube star Colion Noir says in a video posted on the gun lobby’s YouTube channel on Friday:

No one wants to fight for their protection, they want the government to do it. The same government who at one point hosed us down with water, attacked us with dogs, wouldn’t allow us to eat at their restaurants and told us we couldn’t own guns. [...] The only person responsible for your safety is you. Cops can’t always be there. Obama definitely can’t be there. Guy telling me to get rid of my guns when I need them the most, isn’t my friend, isn’t looking out for my best interests and doesn’t speak for me or the community that I’m part of.

Watch it:

Gun violence kills 30,000 Americans each year and disproportionately impacts communities of color. For instance, blacks “make up roughly 13 percent of the U.S. population, but in 2010—the last year for which data is available—they suffered 56 percent of all firearm homicides.” The gun-homicide “rate for black males is 2.4 times as high as that of Latino males, and it is 15.3 times as high as the rate for non-Hispanic white males.” In 2008 and 2009 gun homicide was “the leading cause of death among black teens, and the rates of gun-related deaths are highest for black male teens.”

Teens living in dangerous communities, where guns are often easily accessible, are stuck in a cycle of violence: those who are exposed to firearms report “committing more serious acts of violence than teens who had not been exposed” and are “more likely to carry concealed firearms” themselves, perpetuating the cycle.
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Health

Fast Food Nation: American Adults Cut Back On Calories, But Kids Are Still Eating Too Much Fat

American children are still consuming far too many calories from fatty foods, even as U.S. adults have made modest cuts in their caloric intakes, according to a new report by the Centers for Disease Control (CDC).

Between 2009 and 2010, American adults cut back on eating pizzas, french fries, and other greasy fast foods by about two percent — and while children also reduced their caloric consumption in the aggregate, they still received a high share of their daily calories from saturated fats during that time period:

Recommended U.S. guidelines suggest that no more than 10 percent of one’s daily calories should come from such fat, but American youth took in between 11 percent and 12 percent from 2009 to 2010, data from the CDC’s National Center for Health Statistics showed.

Americans’ diets and weight is a source of constant scrutiny and research in a country where two-thirds of the population is considered overweight or obese. According to the CDC, 36 percent of U.S. adults, or 78 million, and 17 percent of youth, or 12.5 million, are obese. Another third are overweight. [...]

Still, Americans lead the world in calorie consumption. Portion sizes also have increased over the years, coupled with an increasingly sedentary lifestyle, have added up to extra pounds. Complications from obesity include diabetes, heart disease, arthritis and some cancers.

What is particularly worrying about the report is the fact that “those who are already obese” are among the groups that consumed the most unhealthy foods, highlighting the fact that not only does America remain ill-equipped to prevent obesity in its nascent stages, but is also failing to improve obese Americans’ health after the fact. That doesn’t bode well for national health expenditures, considering that somewhere between 10 and 12 percent of all health insurance spending is driven by obesity-related conditions.

Furthermore, the obesity epidemic is disproportionately impacting black Americans, who are more likely to excessively consume fatty and sugary foods. That isn’t just a coincidence — the food industry is notorious for its efforts to undermine public health with misleading ad campaigns and product information opacity, and those efforts are often targeted in low-income, racially diverse communities. Soda advertising campaigns in particular take aim at poor, young black Americans, contributing to a status quo where low-income black youth are far more likely to consume calories from sugary drinks.

Of course, that doesn’t mean there hasn’t been any progress in the war on American obesity. Public health advocates have successfully lobbied major food companies to cut back on sodium in their products, and are now asking the Food and Drug Administration (FDA) to pass rules cracking down on sweeteners in foods and drinks. The FDA has also taken efforts to eliminate fatty foods from school lunch menus. Still, the FDA and American food manufacturers could — and should — do much more, as historical evidence shows that localities with aggressive nutrition policies experienced significant drops in childhood obesity.

Health

Three Things You Should Know On National Black HIV/AIDS Awareness Day

Today marks the 13th annual National Black HIV/AIDS Awareness Day. Begun in 2000 by the Centers for Disease Control (CDC) and grassroots public health organizations, National Black HIV/AIDS Awareness Day was launched as part of a widespread effort to curb the rate of HIV infection among black men and women through “education, testing, involvement, and treatment.”

While it is well established that HIV/AIDS has had a devastating effect on people in developing nations — particularly India and much of the African continent — the epidemic has also been deadly for the United States’ black community. Here are three things to keep in mind about HIV/AIDS and black America today:

1. HIV/AIDS disproportionately affects African Americans and the urban poor. African American men accounted for 70 percent of new HIV infections in 2009, and overall, African Americans made up 44 percent of new HIV/AIDS diagnoses. That translates to 20,000 black men and women in the United States testing positive for HIV every year — and that doesn’t account for the HIV-positive members of the black community who haven’t yet been diagnosed. All told, black Americans are eight times more likely than white Americans to be HIV-positive, and ten times more likely to die from the disease. The epidemic is divided among economic lines, too. The urban poor, overrepresented by African Americans in the country’s major metropolitan areas, are also burdened with unusually high rates of HIV/AIDS. Those living just above the poverty line are three times as likely to be infected than the national average, and those below the poverty line six times more likely to be infected than the national average.

2. GOP lawmakers have been slashing funding for HIV testing and treatment under Medicaid. Although the U.S. Preventative Task Force recommended that all community health clinics — which serve poorer regions — conduct free HIV testing, many centers haven’t had enough resources to follow through. And the issue has been exacerbated by Republican governors who have refused to implement Obamacare’s Medicaid expansion. Expanding Medicaid would extend insurance coverage to millions of low-income Americans, including more access to HIV testing and treatments. Instead, some GOP leaders are making aggressive cuts to their state-level Medicaid programs — like Louisiana Gov. Bobby Jindal (R), who recently slashed a case management program for low-income HIV patients.

3. The future of HIV/AIDS treatment is bright. Despite the myriad of challenges facing the Americans who suffer from HIV/AIDS, public health officials remain optimistic about the coming years. The life expectancy for HIV-positive Americans has been steadily increasing due to more effective treatment regimens, and despite some lawmakers’ best efforts to undermine progress, access to HIV testing and coverage for treatments has been on the rise. And a cure may even be on the horizon — just last month, a team of researchers in Spain made an important breakthrough by creating a a new HIV vaccine that is much more effective — and less expensive — than any earlier attempts.

Health

How Racial Segregation Could Be Linked To Lung Cancer

African-Americans living in highly segregated counties are at significantly elevated risk of dying from lung cancer, according to the results from a new study.

African-Americans already suffer from the highest incidence of lung cancer in the United States. But as the New York Times reports, a study published in JAMA Surgery finds that black Americans in highly segregated areas are 20 percent more likely to die from the disease compared to those who live in the least segregated regions:

The study drew on federal mortality data from that period, and segregation data from about a third of United States counties that had African-American populations large enough to measure. About 28 percent of Americans live in counties with low segregation, 40 percent in counties with moderate segregation and 32 percent in counties with high segregation.

The gap in outcomes persisted even after accounting for differences in smoking rates and socio-economic status, Dr. Hayanga said.

Dr. David Chang, director of outcomes research at the University of California San Diego Department of Surgery, who wrote an accompanying editorial, said he hoped that the study would focus attention on the environmental factors involved in the stark disparities in health outcomes in the United States because they lend themselves to change through policy. Medical researchers tend to focus on factors that are harder to change, like the genetics and the behaviors of individuals.

This trend held true even when controlling for smoking rates and socioeconomic status, implying that other regional factors played into the discrepancy. While the JAMA report doesn’t delve into the causes behind the mortality rate disparity, other studies on American segregation have found that, in highly segregated locales, a larger minority population corresponded with significantly less access to surgical and emergency medical care. That data alone is not conclusive, but it does suggest that stratified access to health care remains an enormous hindrance to public health — particularly for people of color.

Economy

Federal Reserve Chair: Discriminatory Lending Made Housing Crisis Worse For Minorities

Discriminatory lending policies made the housing crisis worse for African-American and Latino borrowers, Federal Reserve Chairman Ben Bernanke told a financial summit held Thursday in Atlanta. The housing crisis and economic slump followed the “unfortunate pattern” of “disproportionately affecting” minorities, Bernanke said, pointing to the fact that black home ownership rates have fallen five percentage points in the last eight years, compared to just a two percent drop for the general population.

Two major discriminatory actions made the crisis worse for minorities, Bernanke said:

One is redlining, in which mortgage lenders discriminate against minority neighborhoods, and the other is pricing discrimination, in which lenders charge minorities higher loan prices than they would to comparable nonminority borrowers,” Bernanke said.

“We remain committed to vigorous enforcement of the nation’s fair lending laws,” he added.

Studies have shown that blacks and Latinos were twice as likely to have been affected by the housing crisis as white borrowers, largely for the reasons Bernanke outlined. Many minority borrowers were pushed into riskier, more expensive subprime loans even though they qualified for lower-interest prime mortgages. Subprime loans, which can add $100,000 to the price over the life of the mortgage, were given to 30.9 percent of Latinos and 41.5 percent of blacks, compared to just 17.8 percent of whites.

Wells Fargo, the nation’s largest mortgage lender, paid $175 million to settle discriminatory lending charges in July, and other mortgage companies have been fined and ordered to pay settlements to homeowners they discriminated against.

LGBT

Elections And Polls Reveal Geographic And Political Divides On Marriage Equality

Last week’s victories in Maine, Maryland, Minnesota, and Washington are the latest signifiers that support continues to grow for marriage equality. But recent data suggest that the trend is not consistent across all geographical regions and communities, including some interesting results from those states.

Pew Research Center conducted a poll on same-sex marriage just two weeks before the election, its third reading on the issue this year. Marriage equality hit the highest favor (49 percent) and lowest opposition (40 percent) that Pew has ever recorded, just the latest in what Pew describes as the “steep recent trend” toward support. Still, there are big regional divides, with 62 percent favor in New England and 57 percent favor in the mid-Atlantic compared to a more even split in the Midwest (46-44 in favor) and continued opposition in the South (56-35 against) and the South Atlantic (48-42 against). Still, the trend toward support is evident across all regions — the South just happens to be about 10 years behind the rest of the country.

Pew also found that support continues to grow among black Americans, at higher rates over 2012 than among whites. Still, the black community is more closely divided with 44 percent in favor, 39 opposed, and 17 percent unsure. Hispanic voters are less divided, with 59 percent supporting the freedom to marry and only 32 percent opposed.

Within the states where votes were held, other interesting dynamics are apparent. For example, in Maryland, two prominent Republican strongholds voted for Mitt Romney for president but also approved same-sex marriage, or voted for same-sex marriage at higher rates than for Romney. By contrast, newly elected Democrats in Minnesota are unsure whether they could support marriage equality efforts because constituents in their districts also voted for the referendum to ban recognition of such unions. This reflects how the trend toward equality has not advanced as quickly in the Midwest as it has on the east coast.

The National Organization for Marriage has claimed since last week that there is no such trend, but that is delusional thinking. Steve Schmidt, who advised the presidential campaigns of John McCain and George W. Bush, acknowledged this, asking on behalf of the Republican Party, “Why should we sign a suicide pact with the National Organization for Marriage?” Still, NOM may try to capitalize on the weak points in the polling, targeting vulnerable areas of the country where support is lower and continuing to attempt its nefarious race-wedging strategies.

Health

VIEWPOINT: The Emerging Pro-Choice Majority

Abortion rights, we’re told, are our Great Divider. America is cleaved in two. Fifty unremitting percent on either side. There is no United States of America, only pro and anti choice America.

But what if that’s not true? Or, more precisely, what if that won’t be true for much longer?

The 2012 election has been touted as a watershed moment for the Democratic Party, but it may have been one for the pro-choice cause as well. And it’s not because the would-be rape caucus was defeated or that pro-choice candidates won big, though those help. Rather, it’s that there’s good reasons to believe the coalition Obama has built is not only durable, but also staunchly pro-choice. If that’s true, it could signify the start of a major shift on what had previously been thought to have been a fundamental fault line in American politics.

Let’s start with the exit polling. The 2012 electorate was overwhelmingly pro-choice; 59 percent said abortion should be legal in all or most cases, while only 36 percent said the reverse. The critical swing states followed the pattern, with some like Virginia falling to the left of the national average. Exit polls should be taken with a grain of salt, of course, but these numbers undeniably suggest American voters are more pro-choice than previously thought, especially in the states up for grabs in Presidential and Senatorial elections.

These data throw a monkey wrench in the conventional wisdom about abortion rights — namely, that it’s an issue that the GOP could use to make inroads with the new Obama coalition. Young voters, women, African-Americans, and Latinos have average-to-conservative views on choice, we’re told. But many identified as pro-choice in 2012. What gives?

Part of the answer is that the general picture is wrong: these key Democratic groups generally track the national average on abortion or tilt left. Though some polls suggest young voters are likely to support restricting abortion rights, the most systematic evidence suggests Milllenials are as, if not more, likely to support keeping abortion legal in all or most cases as the general population. Ditto with women. While African-Americans used to lean right, the most recent polling suggests a decisive pro-choice shift.

Even Latinos, who generally (though not always) tend to oppose abortion rights, have more complicated views than pundits generally let on. While first and second generation Latino-Americans tend to oppose abortion in most or all cases, third generation and higher Latinos support abortion rights by a 19 point margin. Since the Latino population boom is currently being fueled by birth rather than immigration, the third generation cohort seems likely to grow over time. Not incidentally, Latinos who voted in the 2012 election supported keeping abortion legal by a 2:1 margin (though, for it’s worth, the poll didn’t include Texas).

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Economy

The African-American Unemployment Crisis Continues

The American labor market continued its steady recovery in October, as the latest data from the Bureau of Labor Statistics showed that the economy added 171,000 jobs last month. The nation’s unemployment rate is now 7.9 percent, and there is an unquestionable recovery taking place. Lost in the positive news, though, is that the unemployment rate for African-Americans rose nearly a full point to 14.3 percent, up from 13.4 percent in September.

The black unemployment rate has fallen from its Great Recession peak of 16.7 percent, but it’s at the same level it was in October 2011, even though the nation’s overall unemployment rate has fallen more than a full point since then. As this chart from The Roosevelt Institute’s Mike Konczal shows, black unemployment averaged 8.6 percent before the recession:

And while the 7.9 percent overall unemployment rate is still too high, it would represent a historical low for blacks, whose unemployment rate has been over 10 percent for most of the last 50 years:

Austerity policies that have crunched federal and state governments partially explain the problem. Blacks are more likely than whites to work in the public sector, meaning the loss of more than 600,000 government jobs at the federal, state, and local levels has disproportionately impacted them. The public sector shed another 13,000 jobs in October.

Had the government kept pace with previous levels of job creation, the overall unemployment rate would be a full point lower than it is today. It stands to reason that black workers, one-in-five of whom work in the public sector, would have filled a significant amount of those jobs.

The larger story, though, is that high black unemployment is a structural problem that has resulted from centuries of less access to education and higher-paying jobs. Sixty years after the Supreme Court officially desegregated American schools, they remain largely segregated along racial and economic lines. Students from low-income, low-education backgrounds, more likely to be black, are less likely to go to college; even high-achieving students at low-income schools are less likely to attend college than similar students at high-income schools. And black students are more likely to fall on the wrong side of the growing education gap between the rich and the poor.

That has created a cycle of rising income inequality that was only exacerbated by the recession, when the wealth gap between black and white families doubled (blacks were twice as likely to have been hit by the housing crisis as whites, thanks in part to discriminatory lending policies). Declining unionization rates are more likely to hurt black workers, and cuts to all sorts of social programs, from public transportation to the safety net, have made it harder for black workers to participate fully in the economy.

This is nothing short of a crisis. And unlike the unemployment crisis that has afflicted the United States since the Great Recession began, it is not one that will be addressed simply by fostering economic growth.

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