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Justice

Major Pro-Voting Rights Bill Advances In Colorado

Colorado is one step closer to a major overhaul of its election laws after a House committee advanced a bill to make voting significantly easier and more accessible in the Centennial State.

The Voter Access and Modernized Elections Act passed through the House State, Veterans and Military Affairs Committee easily on Monday by a 7-4 vote. If enacted, the legislation would take three important steps: implement Election Day Registration (whereby citizens can both register and vote on Election Day), automatically send mail ballots to every voter, and create a real-time statewide voter database to prevent fraud.

The Denver Post has more:

The bill cleared its first legislative hurdle Monday evening when it passed the House’s State, Veterans and Military Affairs Committee by a 7-4 party line vote, after more than seven and a half hours of testimony from dozens of public officials and otherwise private individuals on each side. it now moves to the House appropriations committee. [...]

Those promoting the changes said the bill is uniquely Colorado, and the state could take the lead nationally on making elections more convenient to voters. They are confident other states will follow — because voters like mail voting (74 percent in Colorado last November), while preserving in-person voting at a few early voting centers, and, eventually, saving millions of dollars for counties. [...]

Other clerks, though, said switching to mail will mean buying less equipment to operate and maintain for a ever-shrinking number of people who still vote in person. That could save millions of dollars in some county over a longer period of time. Denver expects to save a total of about $730,000 in next year’s general election alone, director of elections Amber McReyholds said.

These reforms could provide a sharp boost to turnout in Colorado. Two states, Washington and Oregon, currently employ universal vote-by-mail. (Colorado’s proposal differs slightly in that it preserves in-person voting centers for those who prefer that to mailing in their ballot.) Their turnout rates exceed the national average by more than five percentage points.

In addition, Election Day Registration provides a significant boon to a state’s participation rate. Academic studies have found that EDR boosts turnout by 7 to 14 percentage points. As a result, it’s a reform that’s grown in popularity of late, with 11 states currently allowing EDR, most recently California and Connecticut.

The Colorado bill enjoys some bipartisan support. One of its main proponents is former Republican Secretary of State Donetta Davidson, and a number of Republican county clerks back the move. Current Secretary of State Scott Gessler (R) opposes the legislation. It now moves on to the House Appropriations Committee, where passage is expected. Democrats currently control both legislative chambers, as well as the governorship.

After spending two years on defense over voting rights, progressives are beginning to go on offense. A number of other states are considering sweeping reforms in addition to Colorado. Oregon has proposed automatically registering its residents to vote, making the process far cheaper and easier for voters, Hawaii is weighing an EDR bill, the New Jersey legislature passed early voting, and Florida Gov. Rick Scott (R) has been forced to backtrack and support extending early voting.

Climate Progress

Colorado Looks To Raise Renewable Energy Standard To 25 Percent For Rural Electric Co-Ops

(Photo credit: Sunpower)

Adoption of renewable energy standards — which require electric utility companies to produce a portion of their electricity from wind, solar, and other renewable sources — has considerably driven clean energy advances in recent years.

Some 29 states and the District of Columbia have adopted hard targets for renewable energy production with another eight states setting renewable energy goals. Standards place an obligation on electricity-supply companies to reach set targets, while renewable energy goals are voluntary for companies — although states might incentivize a utility for reaching a set goal. Collectively, state renewable energy standards have supported the development of more than 33,000 megawatts of new renewable power through 2011 and by 2025 will provide 10 percent of the nation’s current electric generation capacity.

But legislators in at least 14 states have introduced bills that would water down or repeal the mandates. So far only Montana is on the verge of wiping out the renewable energy standard entirely by including existing hydropower facilities. SB 31 has passed both chambers and is awaiting Governor Steve Bullock’s decision.

Organizations like the Heartland Institute and the American Legislative Council, or ALEC, and Koch-backed Grover Norquist have been lobbying against renewable energy policies, and pushing “model legislation” to undo these standards.

The good news is that the Colorado Senate has bucked the trend and will soon pass SB 252 — sponsored by state Senate President John Morse. The Senate still must have a third and final vote on the bill. SB 252 will raise the state’s renewable energy standard to 25 percent for rural electric cooperatives by 2020 — an increase from 10 percent.

SB 252 will affect two main cooperative associations: Tri-State Generation & Transmission, which is the state’s second-largest utility and provides electricity to 18 Colorado member cooperatives, and the Intermountain Rural Electric Association. Cooperatives in Colorado serve 70 percent of the state’s landmass but 25 percent of the population. Tri-State has sought to block the legislation.

Colorado became the first state to create a renewable energy standard by ballot initiative when voters approved Amendment 37 in November of 2004. Then, in March of 2007, HB 1281 increased the mandate to 20 percent and extended a separate renewable-energy requirement of 10 percent to rural electric cooperatives. In March of 2010, Colorado legislators passed, and Governor Bill Ritter signed, HB 1001 into law further expanding the standard to 30 percent for utilities.

Between 2005 and 2010, the clean technology sector in Colorado grew by 32.7 percent and now has over 1,600 clean technology companies employing over 19,000 workers –fourth nationwide. In 2010, the clean technology sector was the only sector in the state to grow.

Expanding Colorado’s renewable energy standard will not only continue to create clean jobs in Colorado, it will also reduce soot, smog, mercury, and global warming pollution from the state’s electricity sector. SB 252, if enacted, will incentive quick action for the rural cooperatives required to meet the increased renewable portfolio standard by 2020, allowing additional credits for renewable resources added before 2015. The legislation also promotes investment in local small-scale projects which will allow rural landowners to benefit by leasing land for wind farms– creating an additional income stream. In fact, according to the National Renewable Energy Laboratory, wind energy provides 10 times more local tax revenue than a coal-fired power plant in Colorado.

SB 252 will continue to help Colorado remain a leader in the clean energy sector.

Matt Kasper is a Special Assistant for the Energy Policy team at the Center for American Progress. Lexy Atmore is an Energy Policy intern and contributed to this piece.

LGBT

Colorado Extends Insurance Nondiscrimination Protections To LGBT Community

Last week, the Colorado Division of Insurance became the second state agency in the week to issue a bulletin stating that discrimination in health coverage on the basis of sexual orientation and transgender status is impermissible under state law. The bulletin is the latest in a series of decisions by states and employers clearly stating that no person should be denied health care or coverage based on who they are.

The bulletin clarifies that existing law in Colorado prohibits discriminatory practices by insurers, including:

  • Denying coverage to a transgender person for medically necessary care that would be covered under current standards for any other individual
  • Charging more for health insurance based on a person’s sexual orientation and gender identity or expression.

One Colorado and the Colorado Consumer Health Initiative have been working closely with the Colorado Division of Insurance to seek legal clarification in response to input from Colorado’s transgender community. And the result reflects the growing movement toward equitable health insurance policies at the state and federal level.

Ending discriminatory policies that deny transgender people access to medically necessary care reflects basic values of fairness, and it also aligns with the consensus among major medical associations that transition-related health care is medically necessary for many transgender individuals and that determination of what care an individual patient needs properly rests with medical providers, not insurance companies.

Read the full bulletin and the FAQ from One Colorado and the Colorado Consumer Health Initiative.

 

LGBT

Colorado Civil Unions Officially Take Effect May 1

(Photo Credit: Daniel Gonzales.)

Thursday afternoon, Colorado Gov. John Hickenlooper (D) officially signed into law civil unions after years of conflict over the issue. It takes effect just six weeks from now on May 1. Colorado joins eight other states that offer civil unions or domestic partnerships for same-sex couples: California, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, and Rhode Island.

State Sen. Pat Steadman, who is openly gay and was one of the bill’s sponsors, opened his remarks Thursday by saying, “Dearly beloved… we’re going to make history.” Watch the Denver Post’s video of Steadman and Hickenlooper’s remarks, the signing, and reactions from those who attended:

Justice

Colorado Sheriffs Threaten Not To Enforce Their Own State’s Gun Laws

For months, local sheriffs have been objecting to federal efforts to stem gun violence in the wake of the Newtown massacre, claiming they violate “states’ rights.” Now, with a package of gun violence prevention measures awaiting the governor’s signature in a state that has seen some of the most deadly and high-profile mass shootings, several Colorado county sheriffs are threatening not to enforce their own state’s measures to expand criminal background checks and limit ammunition magazines if they are signed into law. The Greeley Tribune reports:

Weld County Sheriff John Cooke said he won’t enforce either gun-control measure waiting to be signed into law by Gov. John Hickenlooper, saying the laws are “unenforceable” and would “give a false sense of security.” […]

“They’re feel-good, knee-jerk reactions that are unenforceable,” he said.

Cooke said the bill requiring a $10 background check to legally transfer a gun would not keep firearms out of the hands of those who use them for violence.

“Criminals are still going to get their guns,” he said.

Cooke said the other bill would also technically ban all magazines because of a provision that outlaws any magazine that can be altered. He said all magazines can be altered to a higher capacity.

Cooke said he, like other county sheriffs, “won’t bother enforcing” the laws because it will be impossible for them to keep track of how the requirements are being met by gun owners. He said he and other sheriffs are considering a lawsuit against the state to block the measures if they are signed into law.

El Paso County Sheriff Terry Maketa also said Thursday that several of the laws are unenforceable and that he would willfully ignore the high-capacity magazine limit. And Cooke’s position appears to have the support of a number of other state sheriffs; during testimony calling the law unenforceable, 20 other county sheriffs stood behind him in solidarity.

Sheriffs’ assertions that the laws are simply too difficult to enforce and/or ineffective is the latest in a string of arguments by a contingent of county sheriffs opposed to any new gun violence prevention measures. Other sheriffs, several of whom are part of a fringe militia group whose members believe that sheriffs are the highest law enforcement authorities and vow to defy any law or order that violates their radical view of the Constitution, have argued that federal regulation violates states’ rights and the Second Amendment.

Conservative legislators are also already committing to repeal the ammunition magazine limit if enacted through a 2014 ballot measure.

Other measures that passed both houses of the Colorado legislature include a requirement that firearm buyers pay for their own background checks, a ban on online certification for concealed-carry permits, and a ban on gun purchases by people convicted of domestic violence crimes.

LGBT

Nevermind: Bill O’Reilly Resumes Defending Connection Between Homosexuality And Pedophilia

On Tuesday evening, Bill O’Reilly finally admitted that “homosexuality has nothing to do with the crime of pedophilia” despite his history of making such connections himself. It seems the admission was too good to be true.

He’s been campaigning against Colorado House Speaker Mark Ferrandino (D) for the lawmaker’s opposition to “Jessica’s Law,” which imposes excessive sentences (mandatory 25 years) for the crime of sexual abuse of minors, but he has repeatedly implied connections between Ferrandino’s sexuality and his opposition to “protecting kids.” Denver Post Opinion Editor Curtis Hubbard was among the most prominent critics of these tactics, and Wednesday night he appeared on O’Reilly’s show so that O’Reilly would have a chance to yell at him.

O’Reilly once again refused to take any accountability for the connection and proceeded to call Hubbard a “ridiculous… smear merchant” and referred to his “vile little columm” as ”libelous speculation”:

HUBBARD: What does his sexuality have to do with his opposition [to Jessica's Law]? [...]

O’REILLY: I described Ferrandino to the audience because the audience doesn’t know who the heck he is, and I did it in the context of what his priorities are. His priorities are civil unions… and legalizing marijuana, and he’s a gay marriage proponent, as you know. [...]

HUBBARD: But Bill, you didn’t introduce them as his priorities… What you specifically did was you asked your guest why he opposed Jessica’s Law, and then you used his sexuality and his support for gay marriage as rationale for why he would oppose Jessica’s Law. [...]

O’REILLY: Oh no I didn’t. I didn’t say anything of the kind. I described who he was — who he says he is — alright? And that’s it. I made no correlation between him being “openly gay” and opposing Jessica’s Law.

Watch it:

Unfortunately, the truth doesn’t support O’Reilly’s revisionist history. His guest when this campaign began, Colorado Rep. Libby Szabo (R), claimed that “the perpetrators hold more credence with [Ferrandino] than the child victims do.” O’Reilly and ambush-reporter Jesse Watters the continued to attack him for “not protecting the kids from sexual predators.” On another episode, O’Reilly continued to defend juxtaposing the issues, claiming Ferrandino is passionate about only a few things, and the kids aren’t one of them. He’s now arguing that he just meant Ferrandino was defending the “trial lawyers,” which he’s never said before and which also makes no sense.

Hubbard likely didn’t expect a very fair conversation, but all he had to do is show up and let O’Reilly spout. There was good reason to doubt the sincerity of his admission earlier this week — the last thing he would ever do is actually admit he was wrong.

LGBT

Bill O’Reilly Finally Admits ‘Homosexuality Has Nothing To Do With The Crime Of Pedophilia’

Bill O’Reilly has been campaigning against Colorado House Speaker Mark Ferrandino (D) because he won’t allow a vote on a bill to “Jessica’s Law.” Jessica’s Law imposes excessive penalties on individuals who commit sexual abuse against children, and O’Reilly has repeatedly inferred a connection between the fact Ferrandino is openly gay and not “protecting the kids.” Earlier this week, he responded to criticism over this comparison by doubling down on it. On Tuesday’s broadcast, he finally admitted the connection doesn’t exist, but took no accountability for reinforcing it:

O’REILLY: I have to report the truth here. First truism, homosexuality has nothing to do with the crime of pedophilia. Second, everyone we report on is defined and that guy is proud of his circumstance and promotes it, so we reported it.

Watch it (via Equality Matters):

A “truism” is something so obviously true that it isn’t worth mentioning, and the supposed link between homosexuality and pedophilia hardly fits that description. It’s true that there’s no connection, but it has been made or inferred for decades. More importantly, O’Reilly brazenly made it himself without any subtlety to hide behind just seven months ago. He can’t just shrug it off like everybody knows better when he has a history of miseducating his viewers on the issue.

His admission is also compromised by his description of Ferrandino as having a “circumstance” that he “promotes.” Being gay is not a condition, nor can homosexuality be reinforced in anyone. Under the premise of a campaign to “protect the children,” O’Reilly is only continuing to reinforce stigma against gay people with this kind of rhetoric. If he actually supports civil unions as he claims, he has no grounds for demonizing others for doing the same.

Tonight, Denver Post Opinion Editor Curtis Hubbard, who criticized O’Reilly for his smear campaign against Ferrandino, will appear on his show to confront him in person. Maybe fourth time’s the charm for O’Reilly figuring out how to respect the inherent dignity of an elected official.

LGBT

Denver Post Defends Front Page Picture Of Gay Speaker Kissing

Photo Credit: Craig F. Walker, The Denver Post

The Denver Post commemorated yesterday’s passage of civil unions in Colorado’s House with a front-page picture of Speaker Mark Ferrandino (D) kissing his partner Greg Wertsch — complete with a bottle of formula on the desk that belongs to their foster child. Anticipating negative reactions from readers, the editors published a defense for running the picture, arguing that it “shows the truth, no matter how objectionable” [see update below]:

One of the missions as journalists is to take our readers where they can’t go, and the speaker’s office is definitely one of those places. Ferrandino, who is gay, has been fighting to get this bill passed for at least the last three years, and he spoke eloquently on the subject while the bill was being debated. So it made sense to get his perspective. [...]

We have received objections to our photographs of gay couples before, so we all knew there would likely be a negative reaction to running the picture of Ferrandino. The civil unions vote was historic for Colorado and celebrating it was not a surprise. That led one editor to note, “We have no issues showing a straight couple kissing on election night.”

Another detail that made the photo so compelling was the baby bottle on Ferrandino’s desk. It belongs to the foster child he and his partner have; given that the civil unions bill offered protections for children and families, it was another element that gave context.

There is a difference between a picture that people object to and an “objectionable” photo. It’s disappointing that the editorial board thought the decision was “difficult.” Indeed, the one editor’s observation is key: it’s not kissing that people object to — it’s homosexuality . What has proven to be one the most effective ways to shift people’s opinions on gay rights is knowing gay people and learning about their lives and their families. No number of objections changes the reality that the Speaker of the Colorado House is a gay man with a loving partner and child; and reporting on reality is never a difficult decision.

Update

Editor Linda Shapley added a note clarifying a change to the originally posted headline:

After reading the comments, I’m altering the headline from “no matter how objectionable,” to “even if it offends some.” I’ve certainly dealt with some callers who are upset with the use of the photo, but my intent was not to label the photo (or the act) objectionable. As I’ve often said, everyone needs an editor, and I appreciate the comments. — Lin

LGBT

O’Reilly Defends Linking Gay People To Pedophiles

Fox News’s Bill O’Reilly has led a campaign of smear and harassment in recent weeks against Colorado House Speaker Mark Ferrandino (D) because of his belief that Ferrandino is protecting child molesters by opposing “Jessica’s Law.” Jessica’s Laws impose excessive mandatory sentences for child sexual abuse, but Colorado already has tough laws and neither the law enforcement community nor victims’ advocate groups support the proposed change. After suggesting Ferrandino was protecting somebody because he was gay, O’Reilly then sent a reporter to harass him on the street while he was walking his dog.

Numerous mainstream outlets, including the Denver Post, have criticized O’Reilly for saying “gay” with the expectation that his audience understand that to mean “pervert-pedophile.” On Monday, after once again laughing that Ferrandino “looked like a complete fool” when he was ambushed on the street, O’Reilly explained that referencing the Speaker’s sexual orientation was important context because people don’t know who he is:

O’REILLY: We described the speaker as “openly gay” because Americans don’t know who he is and that description is used in almost every article ever written about him. And the reason we brought up civil unions is because Ferrandino objected to that vote being sabotaged by Republicans a few years ago, then he turned around and used the same technique to table Jessica’s Law. [...]

It matters that he is openly gay because he did the same thing to Jessica’s Law that he objected to on the civil unions situation… You have to basically get behind the motivation of the man, and his motivation is very narrow. He’s got only a couple of things he wants to do in there that he feels passionate about, but the kids apparently he doesn’t feel passionately about because he sabotaged it.

Watch it (HT: Equality Matters):

O’Reilly is still arguing that being gay and not protecting kids are somehow connected. Perhaps in his mind, he still conflates supporting civil unions with being gay, but of course he also admits to supporting civil unions himself. There’s no explanation for constantly inferring that Ferrandino’s sexual orientation is relevant to his other actions except to reinforce mythical associations between homosexuality and pedophilia. This is not a new tactic for O’Reilly either; just last summer he blatantly defended making such connections in defense of hate groups that do the same.
Read more

LGBT

BREAKING: Civil Unions To Become Law In Colorado After Final House Vote

Openly gay Colorado Speaker Mark Ferrandino (D)

Just now, the Colorado House voted 39-26 to grant final approval to a bill that would offer civil unions to same-sex couples, advancing  it to Gov. John Hickenlooper’s (D) desk for his promised signature. Colorado has a constitutional amendment banning same-sex marriage, so civil unions are an important extension of partner benefits until that amendment can be repealed or overturned.

Lawmakers have attempted to pass civil unions for several years now. In 2012, enough Republicans supported the bill for it to pass, but Republican leadership in the House blocked it by sending it to a (fourth) committee whose members voted to kill it. The expediency with which the bill advanced this year reflects the large victories Democrats enjoyed in the November election.

Here is how the House voted:

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