During a June 19 radio debate, Pennsylvania State Sen. John Eichelberger (R) repeatedly asserted that same-sex marriage is wrong, “dysfunctional,” and would lead to “polygamy, marrying younger people.” (Eichelberger is “sponsoring a Constitutional amendment to redefine marriage as between a man and a woman.”) But perhaps his most shocking comments came when fellow lawmaker Sen. Daylin Leach (D) asked him how gay men and women should be treated:
Leach: Should our only policy towards [same-sex] couples be one of punishment, to somehow prove that they’ve done something wrong?
Eichelberger: They’re not being punished. We’re allowing them to exist, and do what every American can do. We’re just not rewarding them with any special designation.
Listen to excerpts of the debate here:
LGBT activists were incensed by Eichelberger’s comments, calling on him to apologize for his “insensitive remarks.” Yesterday, gay and straight protesters briefly met with Eichelberger, “after [he tried] ducking them twice.” They presented him with 5,000 signed petitions asking him to apologize. Eichelberger refused to do so:
EICHELBERGER: You know, the public process is very important in this country. That’s what my bill does. It allows the public to make a decision, which I think is a healthy thing. So I appreciate your support of at least that concept.
SPEAKER: So are you going to apologize to the lesbian, gay, bisexual, transgender people in Pennsylvania — and all the people in Pennsylvania for those comments about allowing to exist and calling them dysfunctional.
EICHELBERGER: No, I think you know my answer to that. Thank you very much.
Watch it:
John Morgan of the Pennsylvania Progressive, who was at the Eichelberger confrontation and captured the exchange on video, said, “The fact he knew we would be at his office at noon and chose not to be there showed his cowardice. It was not until we waited an hour and returned that his receptionist allowed us a few minutes with the Senator in an additional hour.”
Eichelberger has said that his June 19 remarks have been taken out of context. ThinkProgress contacted the senator’s office, asking for clarification and whether he would be issuing an apology. Chief of staff Jason High simply said that the Eichelberger “has already clarified his statement in multiple media outlets.” He pointed us to a June 27 Altoona Mirror story. However, while Eichelberger repeatedly says that his comments are being misinterpreted, nowhere in that article does he shed any more light onto what he actually meant:
He [Eichelberger] said members of Keystone Progress have taken what he said out of context. He said Thursday afternoon he has no intention of taking back or apologizing for anything he stated during the discussion with Leach about heterosexual marriage, bigamy, polygamy, other different forms of marriage and procreation. … Eichelberger said Morrill and his group are purposefully misinterpreting his comment.
Pittsburgh Lesbian Correspondents, an LGBT blog in Pennsylvania, writes, “It is one thing to disapprove of my identity or believe it is a choice, but quite another thing to suggest that I am permitted to exist in spite of my identity. Should I be grateful to Senator Eichelberger for not condoning someone taking away my existence?”
On MSNBC last month, Lt. Col. Victor Fehrenbach, a decorated U.S. Air Force fighter pilot who served in both the Iraq and Afghanistan theaters, said he was told last year that he was being discharged under the military’s “Don’t Ask, Don’t Tell” policy, but planned to fight it, hoping that President Obama would quickly change the policy once he assumed office.
Yesterday, the president hosted a meeting commemorating the 40th anniversary of the gay rights movement where he reiterated his desire to end the policy, saying it “doesn’t contribute to our national security.” Appearing again on MSNBC last night, Fehrenbach, who attended the White House meeting yesterday, said that Obama told him privately that a “generational gap” is the biggest obstacle standing in the way of overturning DADT:
FEHRENBACH: I told him the situation for me was urgent and I needed his help. [...] He looked me right in the eye and he said, “We’re going to get this done.” And then he continued to say, you know, everyone seems to be onboard. We’ve got about 75 percent of the public that supports this. He said, but we have a generational issue. And so, there is some convincing to do, that there is a generational gap it seems and some of the senior leadership.
Fehrenbach called it a “reasonable answer,” adding that “the young officers and the young enlisted corps” he works with find this to be a “a non-issue.” “I sort of suspected that maybe the people that were a little bit disconnected were some of the senior leadership,” he said. Watch it:
Fehrenbach said that he “didn’t get the impression” that Obama was just trying to placate the gay community by offering a photo-op with the president for not acting on gay rights issues thus far. “He likened these efforts to the efforts 40, 50 years ago for the African-American community,” he said. “So…this discrimination is something he’s felt his whole life. So, this sounded like it was a personal issue for him, that he really did believe in these causes and wanted, you know, equal rights for all Americans.”
Shortly after midnight on Sunday, police raided a gay bar in Fort Worth, TX, and arrested seven customers for public intoxication. (One man was reportedly taken to the hospital “with bleeding in his brain after officers threw him to the ground and used zip-ties to handcuff him.”) Police said they were simply conducting an “alcohol beverage code inspection” when several customers made sexual advances toward the officers. However, the owner of the Rainbow Lounge, J.R. Schrock, said that claim was a “lie.” “The groping of the police officer — really? We’re gay, but we’re not dumb,” Schrock said. Todd Camp, the founder of Q Cinema and former reporter for the Fort Worth Star-Telegram, was at the Rainbow Lounge when the police showed up:
“I have friends who are cops and I know what to do when officers are working,” Camp said. “No one was acting aggressive to officers.”
Camp said that he has been attending bars for years in Fort Worth when TABC conducts raids.
“Usually, they’re very orderly and respectful –- they work with the bar staff and check IDs, it’s quick and painless and then it’s over and then they’re out,” Camp said. “This was not that. This was harassment, plain and simple.“
The Rainbow Lounge incident came on the 40th anniversary of the famous Stonewall uprising that sparked the modern LGBT movement, when police also raided a gay bar in New York City. Today, protesters rallied in downtown Forth Worth over the weekend’s raid. (HT: Pam’s House Blend)
Yesterday, the Center for American Progress released a report detailing a clear, realistic, and comprehensive road map for repealing “Don’t Ask, Don’t Tell,” the discriminatory ban on gay men and women serving openly in the military. The steps include:
1. Signing an Executive Order banning further military separations based on DADT and sending a legislative proposal on DADT repeal to Congress
2. Forming a presidential panel on how to implement the repeal
3. Repealing DADT in Congress and changing the Uniformed Code of Military Justice, or UCMS
4. Changing other necessary military guidelines to conform to the new policy
5. Following-up to ensure that the armed forces implement the policy changes
In today’s press briefing, David Corn of Mother Jones asked White House spokesman Robert Gibbs about the report and whether the Obama administration thinks this is “the way to go.” Gibbs largely dismissed CAP’s recommendations, saying that the White House is not interested in signing an executive order to temporarily halt DADT:
GIBBS: Well, the President has had meetings about this, has talked with members of Congress. His staff has talked with members of Congress. All of them have talked to Pentagon officials and the administration believes that this requires a durable, legislative solution, and is pursing that in Congress.
Q: I understand that for the long-term solution, but what do you take issue with about signing an executive order that will suspend the separations before an endurable solution is reached through the slow legislative process?
GIBBS: I mean, I think there could be differences on strategy. I think our belief is that the only and best way to do this is through a durable, comprehensive legislative process.
Watch it:
ThinkProgress spoke with CAP Senior Fellow Lawrence Korb, one of the authors of the report, who reiterated that it’s essential for Obama to suspend the dismissals of gay men and women while working on a long-term solution with Congress:
We agree on the need for a durable legislative solution. But a presidential suspension on further dismissals on the basis of DADT is not only within the authority of the president but is necessary to begin the process of repealing this counterproductive, costly, and unnecessary law.
Read the full report here.
Transcript: More »
In an 8-1 decision today, the Supreme Court held that school officials violated the Constitution’s ban on unreasonable searches and seizures when they strip searched a 13 year-old honor student because they falsely suspected her of bringing ibuprofen to school. Ibuprofen is the same drug used in the painkiller Advil. The Court reasoned that, because there was no evidence that a commonly used painkiller presented a danger to the student body and there was no evidence that the honor student was concealing drugs in her underwear, the school overreacted by strip searching the student. Although this decision puts school officials on notice that they cannot behave in such a manner in the future, the Court also held that the school officials in this case could not be held accountable for their actions because of a doctrine known as “qualified immunity” (which says that government officials are immune from liability when they violate the Constitution in novel ways that previously haven’t been addressed by the courts). Of the Court’s nine justices, only Clarence Thomas believed that the strip search in this case did not violate the Constitution.
Yesterday, Sen. Chris Dodd (D-CT) wrote an op-ed in the The Meriden Record-Journal announcing that he had shifted his position on gay marriage. He now supports full marriage equality:
Public officials aren’t supposed to change their minds. But I firmly believe that it’s important to keep learning. Last week, while I was in Connecticut meeting with members of the gay and lesbian community from across the state, I had the opportunity to tell them what I’ve learned about marriage, and about equality.
While I’ve long been for extending every benefit of marriage to same-sex couples, I have in the past drawn a distinction between a marriage-like status (“civil unions”) and full marriage rights.
I believe that, when my daughters grow up, barriers to marriage equality for same-sex couples will seem as archaic, and as unfair, as the laws we once had against inter-racial marriage. And I want them to know that, even if he was a little late, their dad came down on the right side of history.
Brian Rice of the Human Rights Campaign’s Board of Governors was at the meeting with Dodd and writes that when the senator announced his change in position, “attendees let out a huge cheer and extended ovation.” Last month, President Clinton also said that his position on marriage equality was “evolving.” (HT: Pam’s House Blend)
Since the disputed June 12 presidential election in Iran, Sen. John McCain (R-AZ) has been routinely criticizing President Obama’s response to the crisis. Yesterday on CBS’ Face the Nation, McCain echoed the GOP’s party line, saying “the United States hasn’t done anything” and sought fervently to cast Obama’s actions as “tepid.” Appearing on ABC’s This Week, Sen. Lindsay Graham (R-SC) demanded that Obama “lead the free world and not follow it.”
But this morning on MSNBC’s Morning Joe, host Joe Scarborough broke ranks and called the senators’ criticism “an exercise in doing things that make us feel good about ourselves” while labeling it “outrageous.” Scarborough — called the “new face” of the GOP by Christopher Buckley — went on to say that those rebelling in Iran would be punished more severely if Obama were to follow McCain’s advice:
SCARBOROUGH: All we would do is undermine those people in the street, who the second that they are attached to the United States of America, the country after all that’s been known in Iran as the great Satan since 1979, we will undermine their cause … It’s so shortsighted I find it stunning. […]
What would John McCain and Lindsey Graham specifically have the president say? All of those people that are emailing in and telling me that I’m being liberal? Oh really? I’m being liberal? No I think it’s called restraint. Showing a little bit of restraint. Looking at the battlefield in front of you and not just running up Pickett’s Charge and getting gunned down. If you want to feel good about yourself — and you can only feel good about yourself by screaming about the evils of Iran — fine do that. But our leaders in Washington don’t need to do that because people will be routed in the street the second they are identified with the United States of America.
Watch it:
Despite McCain and Graham’s claims to the contrary, Obama has expressed U.S. disapproval of the Iranian government’s actions. Obama released a statement on Saturday condemning the violation of human rights while steering clear of the politics. In an interview with CBS’ Early Show this morning, Obama responded similarly to Scarborough, saying the U.S. has to guard against being used as a scapegoat by the Iranian regime:
“The last thing that I want to do,” the president said, “is to have the United States be a foil for — those forces inside Iran who would love nothing better than to make this an argument about the United States. That’s what they do. That’s what we’ve already seen. We shouldn’t be playing into that. There should be no distractions from the fact that the — Iranian people are seeking to — let their voices be heard.
McCain and Graham are growing increasingly isolated, as Republicans in Congress and conservatives in the media endorse Obama’s measured response.
Despite widespread fears that the Supreme Court would strike down an important provision of the Voting Rights Act, the Court instead handed down an 8-1 decision today that chips away at the landmark law, but allows an endangered provision to survive. The case involved Section 5 of the Act, which requires voting districts that have historically engaged in discrimination to “preclear” any new voting rules changes they make with a federal court or the Department of Justice. Under today’s decision, Section 5 will remain in effect, but voting districts are allowed to “bail out” of its requirements if they can show that they have not recently engaged in race discrimination and are not likely to do so in the future.
Right now, the committed partners of gay employees in the federal government are excluded from receiving benefits afforded to spouses. This evening, the White House said that Obama will be making an announcement on this subject tomorrow, and media reports are saying he will extend benefits to same-sex partners of some of these employees. From the White House daily schedule:
In the evening, the President will deliver brief remarks and sign a Presidential Memorandum regarding federal benefits and non-discrimination in the Oval Office.
Kerry Eleved reports that the signing is scheduled for 5:45 p.m. Last month, House Foreign Affairs Committee Chairman Howard Berman (D-CA) pulled a provision from the Foreign Relations Authorization Act that would have given such benefits to foreign service officers, because the Obama administration had reportedly assured him that it would be moving forward on the issue. Last month, ThinkProgress spoke with Amb. Michael Guest, who said that his partner was excluded from receiving services such as medical treatment and effectiveness training while abroad.
During a press conference yesterday, Senate Majority Leader Harry Reid (D-NV) attracted attention when a reporter asked him whether the Senate will be pushing for a bill to repeal “Don’t Ask, Don’t Tell” (DADT):
Senate Majority Leader Harry Reid speaking at a press conference Monday said he has no plans to introduce a bill to repeal “don’t ask, don’t tell” in the Senate.
“I haven’t identified any sponsors,” he said. “My hope is that it can be done administratively.“
The Obama administration has repeatedly resisted calls to suspend DADT by executive order. White House Press Secretary Robert Gibbs last month said that President Obama is looking for a “durable legislative solution,” and Obama himself has written that repeal of the policy “needs Congressional action.”
Many LGBT bloggers immediately criticized Reid’s comments, saying that Obama and Congress were “playing hot potato over DADT.”
Today in a statement to ThinkProgress, Reid’s office clarified the senator’s remarks, saying that what he is looking for is a “legislative proposal” from the White House. Additionally, while the Senate does not currently have a bill introduced, “a number” of senators are working on one:
While we do not have a Don’t Ask Don’t Tell bill introduced in the Senate yet, a number of Senators are working on an approach to get it repealed. We would welcome a legislative proposal from the White House on repeal so as to provide clear guidance on what the President would like to see and when. Working together, I believe we can find the time to get repeal done in this Congress.
One of the major obstacles to introducing a bill in the Senate has been finding a willing Republican co-sponsor. The House already has a bill to repeal DADT. “If the House moves on this,” said Reid, “I would be happy to take it up.”
Further demonstrating that no conservative can be so disgraced that they cannot later be published in the Wall Street Journal, Bush-era vote suppression guru Hans von Spakovsky has an op-ed in today’s WSJ claiming that the Justice Department has “spent the last several months misinterpreting key voting rights laws for nakedly political reasons”:
Exhibit A: Justice’s inexplicable dismissal of a civil lawsuit for voter intimidation against the New Black Panther Party. The Black Panthers weren’t content to endorse Barack Obama. They sent their members to the polls last November to “patrol election sites.” Fox News aired a video of two Black Panthers in military-style uniforms in a Philadelphia precinct. One of them was carrying a nightstick. . . . But instead of following through and getting an injunction to prevent this behavior in future elections, the department, now under Mr. Holder, dismissed the lawsuit against all but one of the defendants (the nightstick holder).
Exhibit B: Justice recently stopped Georgia from implementing a key provision of the Help America Vote Act. Passed in 2002, the act requires states to verify the accuracy of information voters provide on their registration forms by comparing it with state driver’s license and Social Security records — a sensible requirement.
Both of Spakovsky’s exhibits have no basis in reality. Although his tale of Black Panthers patrolling polling sites sure sounds intimidating, the real facts are nothing like von Spakovsky claims.
Two African-American men did show up at a polling place dressed as stereotypical Black Panthers, but the Philadelphia District Attorney says that she took no action because there were “no complaints and no evidence” of any wrongdoing. Similarly, Zack Stalberg, Executive Director of the nonpartisan poll monitoring organization the Committee of Seventy, says that the two strangely-dressed men were “off-putting, not quite intimidating.” Indeed, the sole basis for any allegations of voter intimidation are statements by two poll watchers from an organization called “Democrats for McCain.”
In other words, the Justice Department dismissed their claim against the Black Panthers not for some nefarious purpose, but because there wasn’t any reliable evidence showing that the Black Panthers violated the law. Now that Spakovsky no longer works there, the DOJ actually requires evidence before it brings a case.
Spakovsky’s claim that the DOJ “stopped Georgia from implementing a key provision of the Help America Vote Act” is also false. In truth the DOJ halted an illegal voter suppression scheme that systematically screened out “thousands of citizens who are in fact eligible to vote.”
Under the Georgia scheme, new voter registrations were compared to federal and state records to screen for non-matching names, dates of birth, driver’s license numbers, Social Security numbers and to screen for proof of citizenship. Thousands of eligible voters, however, were screened out because a state employee mistakenly entered the wrong information into a database. Once screened out, a voter had to jump through hoops before they could vote:
[E]lection officials can require these individuals also to appear at the county courthouse or office building, not at the voter’s convenience, but rather on a week day, during normal business hours and, pursuant to state law, with only three days notice.
Moreover, African-Americans were sixty percent more likely to be screened than white voters, and Asian and Latino-Americans were twice as likely to be falsely screened as non-citizens, a textbook violation of the Voting Rights Act.
The bottom line is this: during his disgraceful tenure at DOJ, Spakovsky routinely approved state voting practices that were later struck down by federal courts. He manipulated election law to benefit Republican candidates; he retaliated against career attorneys who stood in the way of his illegal efforts; and he even gave cash awards to career attorneys who towed the party line. Now that he is powerless, he is continuing his anti-voter crusade from the pages of the Wall Street Journal.
In a speech last week, Vice President Cheney gave some of his strongest comments yet in favor of same-sex marriage, saying that “people ought to be free to enter into any kind of union they wish.” The right wing is now furious at Cheney. Washington-area pastor Bishop Harry Jackson is a “point man” for far right causes and a “star” of its efforts to “elevate the visibility and voices of politically conservative African American pastors.” In an interview with OneNewsNow, Jackson said that he is “outraged” by Cheney’s remarks:
Jackson, a Washington-area pastor and chairman of the High Impact Leadership Coalition, says ironically, at the same time President Bush “lost steam” on the marriage issue in 2006, Dick Cheney’s daughter Mary was talking openly with the media regarding her lesbian lifestyle.
“I believe that Cheney’s own ambivalence that has now manifested itself into what seems like a backhanded pro-gay approach was one of the things that kept the President [Bush] from going forward,” he contends. “So, I’m outraged that we’ve been promised things by the GOP — specifically by the president — that haven’t really come into fruition.
After President Obama named Rep. John McHugh (R-NY) as his nominee for Secretary of the Army, progressives have been working to better understand McHugh’s current position on “Don’t Ask, Don’t Tell,” the ban on gays serving openly in the military. While McHugh still intends to refrain from publicizing his own personal view on the issue until his confirmation hearings, yesterday in an interview with Roll Call, he hinted that he believes it’s time to repeal the ban:
“I have no interest as either a Member of Congress or as … secretary of the Army to exclude by some categorization a group of people otherwise qualified to serve,” McHugh told Roll Call.
He noted that the Armed Services Committee has not considered the policy “in any formal way” since 1993. In the meantime, “certainly, the recruiting-age population’s views have changed on that whole matter,” he said.
Press Secretary Robert Gibbs said on Tuesday that McHugh shared Obama’s commitment to repealing the ban.
Yesterday, Sen. Pat Leahy (D-VT) held a hearing on the Uniting American Families Act, which would allow gay nationals to bring their foreign partners into the United States on the same basis as straight couples. Sen. Jeff Sessions (R-AL), the only Republican who bothered to show up, grew impatient during the testimony of Shirley Tan; she faces deportation back to the Philippines, though her partner of 23 years and her children are American citizens. The New Republic reports that Sessions mocked Tan’s child for crying:
[O]ne of Tan’s children started crying within seconds of the start of her testimony. … For most people, the sight of a 12-year-old boy in tears at the prospect of his mother being deported halfway around the world would invoke some sympathy. Unmoved, however, was Alabama Republican Jeff Sessions, ranking minority member of the Committee and the only Republican to bother to attend the hearing. At the sight of the weeping boy, according to a Senate staffer who was at the hearing, Sessions leaned towards one of his aides and sighed, “Enough with the histrionics.”
Watch the video here (though you cannot hear Sessions’ remark). Sessions opposes the bill because, he said, it would be “providing an additional avenue for abuse of the marriage preference for immigration into our country.” Perhaps he’s listening to his top aide, Brian Benczkowski, who compares gay marriage to pedophilia and bestiality.
John Aravosis at AMERICAblog notes that the Council of Conservative Citizens — a group the Southern Poverty Law Center calls a “brazenly racist group” — has put up a doctored photo of Supreme Court nominee Judge Sonia Sotomayor. In the picture, Sotomayor is wearing a KKK-type hood. On her robe is a raised fist and the words “La Raza”:

The right wing has been outraged over the fact that Sotomayor is a member of the National Council of La Raza (NCLR), the nation’s largest Latino civil rights and advocacy organization. Last week, former Republican congressman Tom Tancredo made a similar smear against Sotomayor and the group, calling it a “a Latino KKK without the hoods or the nooses“:
If you belong to an organization called La Raza, in this case, which is, from my point of view anyway, nothing more than a Latino — it’s a counterpart — a Latino KKK without the hoods or the nooses. If you belong to something like that in a way that’s going to convince me and a lot of other people that it’s got nothing to do with race. Even though the logo of La Raza is “All for the race. Nothing for the rest.” What does that tell you?
“La Raza,” in fact, translates as “the people,” not “the race.” ThinkProgress also spoke to an NCLR spokesperson who confirmed that the logo in the CCC photo is not affiliated with the organization in any way.
CCC has been courted by prominent conservatives such as former Republican Senate Majority Leader Trent Lott, who has since renounced the organization. As Tom Edsall wrote in the Washington Post on Dec. 16, 1998:
The CCC, which has strong ties to the old white Citizens Councils, is considered racist by conservatives and liberals. Many of the most prominent figures in the organization are proponents of preserving the white race and culture, which they see as under assault by immigration, intermarriage and growing numbers of Hispanic Americans.
In the spring 1992 newsletter, provided by a Dallas man, Ed Sebasta, who has followed the organization’s activities, Lott is pictured speaking to the group with its banner in the background.
In his speech, Lott, according to the newsletter, called the Citizen Informer, warns against the forces supporting government spending: “We need more meetings like this across the nation” to offset these liberal pressures. “The people in this room stand for the right principles and the right philosophy. Let’s take it in the right direction and our children will be the beneficiaries.”
Last week, former KKK Grand Wizard David Duke also embraced the position that Sotomayor is racist, while claiming that he, on the other hand, has “consistently supported true equal rights.”
Today, President Obama named Rep. John McHugh (R-NY) as his nominee to be Secretary of the Army. Though neither Obama nor McHugh discussed the military’s Don’t Ask, Don’t Tell policy today, Press Secretary Robert Gibbs today said McHugh shares Obama’s commitment to repealing the ban, which isn’t “working for this country right now”:
It’s obvious from those statements and other statements that Congressman McHugh has made that he and the president are in agreement on changing the policy they both don’t think is working for this country right now. And it’s a priority of the president’s.
It’s not clear to which statements Gibbs is referring. McHugh has kept his personal views on the issue rather quiet, though he criticized the military and the Defense Department for refusing to testify on the issue. Watch it:
Today, President Obama named Rep. John McHugh (R-NY) his Secretary of the Army. McHugh is the ranking member on the House Armed Services Committee, and represents a district that includes the Ft. Drum Army Base. He “brings patriotism and a pragmatism that has won him respect on both sides of the aisle,” Obama said of McHugh.
Notably, neither Obama nor McHugh mentioned the military’s “Don’t Ask, Don’t Tell” (DADT) policy, an issue McHugh will surely have to address. His congressional record provides few clues as to his position. McHugh has not signed on to co-sponsor to a House bill that would repeal the ban on gays serving in the military, and last year earned only a 15 percent rating from the Human Rights Campaign.
However, in opening and closing remarks during a hearing last year on the DADT, McHugh seemed open to changing the ban on gay servicemembers, asking for further hearings on the issue and chastising the military for having “refused to step forward” and testify on the matter:
[O]ur challenge is to examine and determine whether that conclusion of 1993 remains valid here in 2008. … I share the Chairlady’s disappointment that thus far the services have refused to step forward. I don’t see as an individual member how I fully and fairly consider this question and more importantly the issue of changing this question without the input of those in the active military who have the heavy responsibility of commanding our forces in time of war. [...]
Again, to underscore my opening comments about my disappointment in the military services because we have to at some point I would assume, come to a decision as to whose opinion prevails…And with all due deference, and respect, and appreciation to this panel and the five individuals who have appeared here, that kind of weighty decisions from my perspective ought to be based on a much broader foundation of input.
During the hearing, McHugh studiously avoided revealing his own views about the military’s discriminatory policies. With the Obama administration moving slowly on repealing the ban, it remains to be seen whether McHugh can help nudge the Army toward taking that “step forward” toward greater equality.
Congressman John McHugh (R-NY) is ranking Member of the House Armed Services Committee and has a substantial record of taking care of our troops and ensuring a good quality of life for their families. McHugh has the skills to be a very effective secretary of the Army and open new doors for all Americans who want to serve their country.
Seizing the opportunity to vilify a female, Hispanic Supreme Court nominee, noted bigot Tom Tancredo has emerged from obscurity to denounce Judge Sonia Sotomayor. Earlier this week, Tancredo declared her to be a “racist” who should be “disqualified” from serving on the bench.
This afternoon on CNN, he went further, attacking her affiliation with the National Council of La Raza as equivalent to being a member of the Ku Klux Klan:
TANCREDO: If you belong to an organization called La Raza, in this case, which is, from my point of view anyway, nothing more than a Latino — it’s a counterpart — a Latino KKK without the hoods or the nooses. If you belong to something like that in a way that’s going to convince me and a lot of other people that it’s got nothing to do with race. Even though the logo of La Raza is “All for the race. Nothing for the rest.” What does that tell you?
SANCHEZ: Alright. We’re not talking about — we’re not talking about La Raza –
TANCREDO: She’s a member! She’s a member of La Raza!
Watch it
The La Raza line is the latest right-wing attack on Sotomayor. Right-wing groups have been waging war against La Raza since the 2006 immigration rallies. Conservatives, including Rep. Charles Norwood (R-GA), claim the group “supports racist groups calling for the secession of the western United States as a Hispanic-only homeland.” The right-wing blog Stop The ACLU calls La Raza “an anti-white extremist group.”
These attacks — promoted by Drudge — are only going to escalate. Of course, the characterizations are wildly false. La Raza is the nation’s largest Latino civil rights and advocacy organization that focuses on such nefarious issues as “civil rights/immigration, education, employment and economic status, and health.” Used to these attacks, La Raza has a long fact-sheet debunking the unhinged claims of the right, including pointing out that “La Raza” translates as “the people,” not “the race,” as the right wing suggests.
Tancredo echoed a popular right-wing myth, claiming the group’s slogan is “All for the race, nothing for the rest.” When ThinkProgress asked a La Raza spokeswoman, she replied, “No. That’s very much incorrect.” In fact, the true slogan is “Strengthening America by promoting the advancement of Latino families.” A far cry from Tancredo’s egregiously false, race-based characterization.
Former U.S. solicitor general Theodore B. Olson and David Boies, who argued opposite each other in Bush v. Gore, are now teaming up to “represent two same-sex couples filing suit after being denied marriage licenses because of Proposition 8. Their suit, to be filed in U.S. District Court in California, calls for an injunction against the proposition, allowing immediate reinstatement of marriage rights for same-sex couples.” The American Foundation for Equal Rights, which is leading the case, notes that it is the first time that Olson and Boies have “served alongside each other as co-counsel.” “For a long time I’ve personally felt that we are doing a grave injustice for people throughout this country by denying equality to gay and lesbian individuals,” Olson told The Advocate in an interview. A copy of the 10-page complaint is here.
I asked Olson about the objections of conservatives who will argue that he is asking a court to overturn the legitimately expressed will of the people of California. "It is our position in this case that Proposition 8, as upheld by the California Supreme Court, denies federal constitutional rights under the equal protection and due process clauses of the constitution," Olson said. "The constitution protects individuals' basic rights that cannot be taken away by a vote. If the people of California had voted to ban interracial marriage, it would have been the responsibility of the courts to say that they cannot do that under the constitution. We believe that denying individuals in this category the right to lasting, loving relationships through marriage is a denial to them, on an impermissible basis, of the rights that the rest of us enjoy…I also personally believe that it is wrong for us to continue to deny rights to individuals on the basis of their sexual orientation."
In a six-to-one decision, the California Supreme Court upheld the state’s ban on gay marriage, the Proposition 8 referendum voters approved last November. The court ruled that Prop. 8 “constitutes a permissible constitutional amendment (rather than an impermissible constitutional revision).” However, the court declared that the 18,000 same-sex marriages conducted last summer, prior to the passage of the proposition, would remain legal and recognized.
Importantly, though the court upheld the ban on the use of the term “marriage” by same-sex couples, it reaffirmed the fundamental constitutional rights of gay couples (p. 7):
[T]he measure carves out a narrow and limited exception to these state constitutional rights, reserving the official designation of the term “marriage” for the union of opposite-sex couples as a matter of state constitutional law, but leaving undisturbed all of the other extremely significant substantive aspects of a same-sex couple’s state constitutional right to establish an officially recognized and protected family relationship and the guarantee of equal protection of the laws.
Indeed, the bulk of the court’s May 2008 ruling that originally legalized gay marriage — which emphasized “respect and dignity” — stands. The LA Times noted that gay people in California will still enjoy greater rights than gay Americans elsewhere:
Sexual orientation will continue to receive the strongest constitutional protection possible when California courts consider cases of alleged discrimination. The California Supreme Court is the only state high court in the nation to have elevated sexual orientation to the status of race and gender in weighing discrimination claims.
The LA Times pointed out that the case for overturning Prop 8 was always a “long shot,” noting that the gay rights’ lawyers “had no solid legal precedent on their side, and some of the court’s earlier holdings on constitutional revisions mildly undercut their arguments.”
The court’s majority concluded “that if there is to be a change to the state constitutional rule embodied in that measure, it must ‘find its expression at the ballot box.’” The ruling virtually ensures such a fight, and it is already getting started
Denying the designation of marriage to same-sex couples cannot fairly be described as a “narrow” or “limited” exception to the requirement of equal protection; the passionate public debate over whether same-sex couples should be allowed to marry, even in a state that offers largely equivalent substantive rights through the alternative of domestic partnership, belies such a description. [...]But even a narrow and limited exception to the promise of full equality strikes at the core of, and thus fundamentally alters, the guarantee of equal treatment that has pervaded the California Constitution since 1849. Promising equal treatment to some is fundamentally different from promising equal treatment to all. Promising treatment that is almost equal is fundamentally different from ensuring truly equal treatment. Granting a disfavored minority only some of the rights enjoyed by the majority is fundamentally different from recognizing, as a constitutional imperative, that they must be granted all of those rights. (p. 155-7)