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Climate Progress

Republican Mayor Leads City To First-Ever Solar Energy Mandate

Lancaster Mayor R. Rex Parris and SolarCity CEO Lyndon Rive marking the installation of solar panels at a baseball stadium. (Photo credit: Solar Home & Business Journal)

On Tuesday, the City Council of Lancaster, California approved a mandate that most new homes must produce solar energy. This is the first such mandate in the nation.

Lancaster is a suburb in northeast Los Angeles county, and this new rule had no bigger advocate that Mayor Rex Parris, who is a Republican. He has long sought to make Lancaster “the solar energy capital of the world.”

Lancaster isn’t your prototypical hotbed of greenie environmentalists. Yet Mayor Parris said the rule wasn’t controversial: “It serves as a model. Here I am in an extremely conservative area, and there was almost no push-back.”

The mandate requires for any new home construction permit issued after January 1, 2014, builders must meet a minimum number of kilowatts of solar energy produced per house. This gives builders flexibility, allowing a larger solar installation on a few homes rather than a cookie-cutter solution to every home. The rate would be 1 to 1.5 kilowatts of solar per 7,000 square foot lot. Rural homes on 100,000 square feet must have at least 1.5 kilowatts. Prospective home buyers will be able to see the solar system offered in the builder’s model home.

Some home builders are not happy because they see this as something that puts them at a disadvantage with their main competitor: the resale market. But the mandate does not necessarily mean that a project cannot move forward if the builder doesn’t want to install solar panels: they can “choose to meet the solar energy generation requirement off-site by providing evidence of purchasing solar energy credits from another solar-generating development located within the City.”

And Parris says that the opposition just part of the process: “I understand the building industry is not happy with this. We will just have to take the heat.” The Mayor didn’t pursue this mandate simply to make Lancaster a solar hub. According to E&E News, he also sees climate change as a pressing problem that his fellow Republicans would be smart to acknowledge.

“The one thing we have to recognize is just how desperate this situation is with global warming,” Parris said, “and at the same time recognize that we can actually fix it. We have tremendous capability if we just have the courage to do it.” …

“The Republican Party is in a quandary because the polling shows that the voters support environmental protection. It’s the leadership that doesn’t,” Parris said. “You’d have to be a moron to discount global warming. I don’t know anybody that doesn’t recognize it’s occurring.”

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LGBT

POLL: Californians Regret Passing Proposition 8

From San Francisco's rally last night.

As the Supreme Court hears oral arguments today on California’s Proposition 8 banning same-sex marriage, a new SurveyUSA poll shows that 67 percent of Californians believe same-sex couples deserve the legal benefits of marriage. Only 30 percent believe those benefits should be limited to “a man and a woman.”

Conservatives have argued that if the Court rules against Prop 8, it will somehow invalidate the will of the voters who supported the ballot initiative. Not only do voters not have the power to undermine the freedoms enshrined in the Constitution, but it’s clear that the anti-gay animus that motivated Prop 8′s passage no longer represents the majority of California values.

Further proof of this today comes from 25 California mayors, who have urged the Supreme Court to rule Prop 8 unconstitutional. Thousands also rallied Monday night in San Francisco showing their support for marriage equality. Here’s a video of some scenes from the march and rally:

Health

LA’s New ‘Condoms In Porn’ Law Is Pitting AIDS Groups Against The Adult Film Industry

On Election Day 2012, Los Angeles County voters approved Measure B, an ordinance “requiring producers of adult films to obtain a County public health permit” and for “adult film performers to use condoms while engaged in sex acts.” Porn producers, who have consistently opposed the measure, vowed to fight it tooth and nail. But as it turns out, one group is ready to fight back.

On Monday, the AIDS Healthcare Foundation (AHF) — an advocacy and lobbying outfit that has pushed for cheaper HIV medications and greater public health protections for HIV-positive Americans — became the first group to call out the Los Angeles County Department of Public Health over its allegedly lax enforcement of Measure B since its passage. The foundation lodged an official complaint with the County “after receiving an anonymous letter with an accompanying videotape filmed by someone on an Immoral Productions set” depicting unsafe sex practices and reviewing material on the production company’s website that also depicted intercourse without a condom.

For the well-funded advocacy group, this is just the latest skirmish in a decade-long battle. AHF president Michael Weinstein has spearheaded efforts to instill the same workplace safety and public health standards on straight porn sets as are already enforced in most gay pornography productions. Under his leadership, the AHF filed suit — to no avail — to make Los Angeles-produced pornography a “condom-only” enterprise; pushed for a citywide L.A. ordinance to the same effect; and spent over $1.6 million in its ultimately successful 2012 campaign to pass the more expansive, countywide Measure B. As he told L.A. Weekly in 2010, “AHF doesn’t give up on an issue, and we’re not going to give up on this.”

It appears that Weinstein and his group plan to follow through on that promise in the face of a combative Los Angeles adult entertainment industry and concerns over the Public Health Department’s enforcement prowess. “We’re putting them to the test,” Weinstein told the Los Angeles Times. “If democracy means something in L.A. County — if porn producers and county supervisors are not above the law — then they will enforce it.”

AHF and fellow public health advocacy organizations certainly have their work cut out for them. Trade groups associated with the multibillion dollar L.A. porn industry have promised to litigate the measure, citing freedom of speech concerns. This argument could potentially stand up in court — but only if the industry’s claims that it sufficiently tests all of its performers for sexually transmitted infections are true. An independent study by AHF that was published in the December Journal of Sexually Transmitted Diseases presents plenty of evidence to suggest that they are not, as “roughly a third of the 168 adult film actors who participated in the research project were found to have a previously undiagnosed STD.”

Justice

Four Ways The Supreme Court Could Knock Out Proposition 8


As ThinkProgress explained this morning, the question of how supporters of equality win the Supreme Court case against the anti-gay Defense of Marriage Act is almost as important as the question of if they win. The same applies to a companion case that will be argued next Tuesday challenging California’s Proposition 8, Hollingsworth v. Perry. Here are four different ways that the justices could eliminate this anti-gay ballot initiative, ranked from most to least desirable:

  • Marriage Equality For All: The Constitution says that “[n]o State” may “deny to any person within its jurisdiction the equal protection of the laws.” That means all fifty states. So the correct way for the Supreme Court to decide Perry is to announce that marriage discrimination against same-sex couples is not allowed in the United States. Period.
  • Marriage Equality For Some Now, Marriage Equality For All Later: Although the law is clear that anti-gay discrimination is unconstitutional, it is far from certain that there are five justices prepared to bring Alabama into compliance with the Constitution, even if they are ready to restore marriage equality in California. To thread this needle, the Ninth Circuit offered a one-state solution that abolishes Prop 8 but does little to advance gay rights elsewhere. The Obama Administration proposed what now amounts to a nine-state solution, upgrading states with civil unions into full marriage equality states but leaving until another day states like Alabama. Ultimately, however, the most important question is not how may states are directly impacted by the Court’s decision in Perry, but whether the justices use the magic words “heightened scrutiny.” If they hold that anti-gay laws are subject to such scrutiny, it would mean that all discrimination against gay people will be treated with great skepticism by the judiciary — including any state law permitting marriage discrimination.
  • A Good-For-This-Ride-Only Opinion: As we explained this morning, Justice Kennedy wrote two of the most important gay rights decisions in the Supreme Court’s history, but he wrote both of them very narrowly. It is possible that he will want to do the same in the Prop 8 case, striking down California’s anti-gay ballot measure without doing much else to advance the cause of marriage equality. Indeed, this is more or less the approach that the Ninth Circuit took in its opinion.
  • The Jurisdiction Dodge: As with the DOMA case, the Prop 8 case presents a somewhat unusual jurisdictional issue — whether any court has the authority to hear an appeal to the trial court’s decision striking down Prop 8. Judge Vaughn Walker, the trial judge in this case, issued a very broadly worded injunction: “Defendants in their official capacities, and all persons under the control or supervision of defendants, are permanently enjoined from applying or enforcing” Proposition 8. Thus, if this injunction remains in effect, even because no court can claim the authority to narrow or vacate it, California will likely become a marriage equality state once more. The problem, as Marty Lederman points out, is that it is not entirely clear that Walker had the authority as a district judge to issue such a sweeping injunction. For this reason, in addition to the fact that it is better to achieve marriage equality on the merits than on a procedural technicality, a decision kicking the case on jurisdictional grounds is not a very desirable outcome.

Climate Progress

California To Other 49 States: Can You Match Our Clean Energy Economy?

While the prospects of comprehensive energy legislation remain grim in Washington, real action to address climate change and grow the clean economy is being taken on the state level.

California in particular is a shining example of state-based leadership on climate, having established its own cap-and-trade mechanism — a key element in the Global Warming Solutions Act of 2006 (also known as AB 32) — that will soon be linked with the Province of Québec which will decrease overall greenhouse gas emissions and provide greater flexibility to California businesses. The state also has a Renewable Portfolio Standard of 33 percent by 2020 (the state utilities have already met 20 percent of its electricity needs through renewables), and a net metering program allowing customers to receive financial credit for power generating by their onsite system.

Thanks to the foresight of California policymakers and ample natural resources, the state leads the nation in solar projects, solar megawatts installed, and the average cost per watt of solar. In 2011, $1.9 billion was invested in the state to install solar on homes and businesses, and there are currently more than 1,500 solar companies working throughout the manufacturing chain in California. California even ranks second in wind installation, while also leading the nation in most wind capacity installed in 2011.

Clearly, Californians have much to be proud of when it comes to taking strong action to reduce carbon emissions and fighting the urgent threat of climate change.

This week, Southern California energy providers came to DC to highlight the state’s great achievements and recommend action that could be taken at the federal level needed to maintain long term energy reliability for California while at an event hosted by the Los Angeles Area Chamber of Commerce. The panelists called for three specific items of legislation that federal lawmakers can enact to not only support California policies, but create economic and environmental benefits for the entire country:

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Health

As States Cut Mental Health Care Funding, Prisons Are Becoming Asylums

The Great Recession, in conjunction with states’ propensities to cut Medicaid benefits in the face of the rising cost of health care services, led to some of the biggest cuts to state mental health care services in U.S. history between 2009 and 2011. Of course, the population of Americans with mental health problems didn’t just disappear in that time. Facing a shortage of adequate medical resources, many of them are now ending up in the only place that will take them: America’s jails.

According to CBS News, a shortage of mental health facilities and adequate treatment resources — particularly in large states like Illinois and California — has produced an untenable status quo in which the prison system serves as an alternate pipeline to funnel through sick Americans, who have nowhere else to go:

Police logs in twelve cities revealed that mental health crisis calls have increased an average of 37.5 percent over the last four years.

Los Angeles County Sheriff Lee Baca says more mentally-ill people end up in jail when they’re not getting the medications they need. [...]

”I believe it is, I think that medication is the stabilizer for most mentally-ill people,” said Baca. ”The money for that dried up with our California economy going south and when they go off their meds, they go back to the behavior that leads to a law enforcement solution.”

Kathryn Wooten of Los Angeles called 911 for help when her 23-year-old son Terrence suffered a mental breakdown in October 2011.

”The police came and I thought they were going to take him to the hospital but he wind up in county jail,” said Wooten.

Police say with few mental health beds available at state facilities, they have no choice but to leave the fate of people like Terrence Wooten to the criminal justice system.

”They have a mental ward in county but he wasn’t really getting the counseling and the therapy that he needed,” said Wooten.

To state the obvious, prisons are not treatment facilities, and guards are not professionally trained medical personnel — a fact that law enforcement authorities understand all too well. ”This is something that happens all the time here and the heart of it is, we’re not a mental health facility. These people should not be here,” said Cook County Sheriff Tom Dart. “These people by and large are not criminals. They’re people with mental illness but when they act out they end up in the jails because it’s the only place that’ll take them.”

California could serve as the poster child for what happens when slashes to mental health care funding — particularly through cuts to public insurance programs such as Medicaid — meets a sprawling industrial prison complex bursting at the seams. Patients become prisoners, reminiscent of a time when ignorance regarding mental illnesses perpetuated a system of asylums and involuntary commitment that public health advocates spent decades fighting, as it treated mentally ill Americans as dangerous vagrants to be locked up rather than patients to be cured. In fact, the mentally ill are not predisposed to violence, and are more likely to be the victims of violent acts than anything else.

But now, poor access to facilities in the face of states’ budget cuts have left the mentally ill — particularly the low-income mentally ill, who have access to even fewer resources than their wealthier counterparts — with few places to go. It’s a particularly devastating dynamic considering that states’ spending on prisons is the fastest growing budgetary item behind Medicaid. However, while Medicaid costs have risen due to the general rise of health care costs, states’ decisions to invest more in prisons in order to incarcerate — rather then rehabilitate — increasing numbers of Americans is a conscious and deliberate choice.

Health

California GOP Leader: Pregnancies Resulting From Rape Are Rare Because ‘The Body Is Traumatized’

Celeste Greig, President of the California Republican Assembly with Senator Marco Rubio

Celeste Greig, president of California Republican Assembly, the state’s oldest and largest GOP volunteer organization told The Bay Area News Group this week that pregnancies resulting from rape are rare “because it’s an act of violence, because the body is traumatized.”

Bizarrely, Greig made the comments while criticizing similar remarks from Todd Akin, who falsely claimed that “legitimate rape” rarely causes pregnancy since the female body “has ways of shutting that whole thing down.”

Akin lost his bid for the Senate, along with other candidates who made insensitive comments about rape in the last election cycle. However, that hasn’t stopped other members of the GOP from chiming in with similar statements this year.

LGBT

Ex-Gay Advocates Claim Homosexuality Is Caused By Parental Abuse

Several fringe conservative groups have filed amicus briefs in the case challenging California’s ban on ex-gay therapy for minors. These groups rely solely on their own subjective research to defend individual’s right to try to change their sexual orientation if they wish to, conveniently disregarding that the anti-gay stigma they promote is the only reason anybody has negative feelings about their sexual orientation in the first place. Among the amici is the so-called American College of Pediatricians (ACP), an impostor organization of social conservatives that won’t even admit how few members it has. Unlike the LGBT-supporting 60,000-member American Academy of Pediatricians they hope to be mistaken for, the College peddles junk science to defend ex-gay therapy, including that homosexuality is caused directly by trauma. Here’s how they explain it in their brief:

These children need therapy for the trauma, not affirmation of a “gay identity.” Trauma (as an objective, measurable external event) lends itself to quantitative research and has been studied relative to homosexuality. One example of this is the disproportionate extent of sexual abuse during the childhoods of adult homosexuals. Another example is the increased association of homosexuality and gender identity disorder with parental separation at critical developmental stages.

There are also two forms of psychological trauma commonly associated with homosexuality. The first is the trauma caused by the child’s subjective experience of the same-sex parent’s lack of availability, rejection, or even harsh verbal, physical, or sexual attack. This may lead to an intense longing for love from the same-sex parent that is eventually sexualized by the child. Similarly, psychological trauma may also be caused by the child’s subjective experience of the opposite-sex parent’s lack of availability, rejection, or even harsh verbal, physical, or sexual attack. This may lead to an intense fear of and aversion toward opposite-sex relationships. In both situations, by objective standards, the parent may or may not be described in these terms.

While these traumas are unusually common in the childhoods of same-sex attracted persons, they are not universal, and in many cases, other, less typical traumas may be present. This reflects the inherent complexity of the interaction between one’s biologically influenced temperament, various environmental factors and the free-will choices individuals make.

The primary citation for most of these bogus claims is not even a scientific research paper, but a book called Homosexuality and the Politics of Truth, which was written by Orthodox Jewish psychiatrist Jeffrey Satinover and published by evangelical Christian publisher Baker Books. Satinover compares homosexuality to alcoholism and pedophilia, describing it as a compulsion instead of an identity.

Another impostor group, Parents and Friends of Ex-Gays And Gays (PFOX), also filed a brief that primarily highlighted four testimonials from people who claimed to be ex-gay. One of them isn’t even alive anymore, but unsurprisingly, all four of them started organizations that profit off of promoting and offering ex-gay therapy. This includes the infamous ex-gay therapist Richard Cohen, who was expelled from the American Counseling Association for six violations of its ethics code.

Though these groups represent a fringe mentality on sexuality, many still believe their ideas have merit. Not only do they not, but these ideas are harmful, which is specifically what the law banning ex-gay therapy was meant to address. Their objection to it does not change this reality. (HT: Kathleen Perrin.)

LGBT

POLL: 61 Percent Of Californians Support Marriage Equality

Today is the deadline for submitting amicus (friend of the court) briefs in the Supreme Court case challenging California’s Proposition 8, and a new poll suggests California is more ready than ever to embrace marriage equality. According to Field Poll, 61 percent of California voters support marriage equality, while only 32 percent oppose. Women, young people, and Catholics continue to be the most supportive, while Republicans are still largely opposed. Nevertheless, just since 2010, favor among Republicans has grown from 26 percent to 39 percent. The chart below from the Sacramento Bee shows the full results:

Health

Will The Obama Administration’s Efforts To Expand Medicaid In The States Lower Access To Care?

In a blow to Americans relying on Medicaid — the state-federal partnership public health insurance program that covers disabled and low-income Americans — the federal government on Tuesday reaffirmed to a California federal appellate court that, in the Obama Administration’s opinion, “states could cut Medicaid payments to many doctors and other health care providers to hold down costs in the program,” paving the way for massive state health care cuts that will further discourage doctors from treating low-income patients enrolled in the program.

Doctors, health care providers, and patient advocacy groups sued California in response to state health officials’ decision to cut already-low reimbursement rates for providers that treat patients on Medi-Cal — California’s Medicaid program — by an extra 10 percent. State leaders led by Gov. Jerry Brown (D) argue that the payment cuts are necessary for California’s fiscal security, especially as the state expands Medi-Cal to an addition 1.8 million Californians under Obamacare. But critics assert that the drastic payment cuts will make treating current and prospective Medi-Cal beneficiaries anathema to California care providers:

Medicaid is one of the fastest-growing items in state budgets. Cutting payment rates saves money for states and for the federal government, which will pay most of the costs for people who become eligible for Medicaid under the new law.

Health care providers said California’s payment rates were inadequate even before the cuts. They pointed to a federal study that said, “California stands out because of its very low Medicaid payment levels.”

In an interview, Dr. Paul R. Phinney, president of the California Medical Association, a plaintiff in one of the court cases, said: “Two-thirds of doctors in California cannot afford to participate in Medicaid because the rates are so low. The problem will only get worse if rates are cut as we move more and more people into Medicaid.”

The Administration’s endorsement of the Medicaid payment cuts underscores just how badly federal officials want states to take part in Obamacare’s Medicaid expansion. Formally blessing states’ abilities to “reasonably” lower their Medicaid physician payment rates is likely a concession aimed at luring reticent governors into accepting the expansion, since it will save both states and the federal government money. But while expanding Medicaid under Obamacare is crucial for the health and financial security for millions of low-income Americans, drastically lowering hospitals’ and physicians’ Medicaid reimbursements — which are already far less generous than Medicare reimbursements — is rife with risks.

Certainly, provider cuts are preferable to cutting special Medicaid benefits for the poor and disabled that are not available on lower-tier private insurance plans, especially in a state like California that has had its fair share of problems with providing adequate services to Medi-Cal beneficiaries. But California already has 6.8 million residents on Medi-Cal, including one in three Californian children and the majority of HIV-positive Californians. Payment cuts that discourage providers from treating these Medi-Cal beneficiaries will leave millions of Americans with few facilities to go to for their care, making them dependent on either free clinics, costly emergency room care, or forcing them to travel massive distances to find an accepting provider.

Reporting on a 2012 study finding that one in three American doctors won’t take new Medicaid patients, Wonkblog’s Sarah Kliff presciently wrote that that could spell trouble for states with historically low Medicaid reimbursement rates — such as California — that also wanted to expand Medicaid, since “fewer than 60 percent of providers accept new patients in the [Medi-Cal] program.” With Brown’s new Administration-endorsed payment cuts set to hit California’s safety net providers, that number has nowhere to go but down.

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