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LGBT

What’s Next For Kaitlyn Hunt, The Teen Charged With A Felony For Same-Sex Relationship With Classmate

Kaitlyn Hunt (Credit: Indian River County Sheriff's Office)

On Friday night, 18-year-old Kaitlyn Hunt and her family went public with their story: Kaitlyn was charged with a felony stemming from a relationship she had with a 15-year-old girl at her high school. The response in the 48-hours that followed, Kaitlyn’s father Steven Hunt told ThinkProgress in an interview, was “extraordinary.”

Already, nearly 40,000 people have signed a petition calling on the Assistant State Attorney, Brian Workman, to drop the case. On Facebook, more than 13,000 people have joined a group — Free Kate — in support of the family.

Last week, her father said, Workman offered Kaitlyn a plea bargain. She could plead guilty to child abuse, a felony, and spend two years under house arrest. The judge would determine if she would have to register as a sex offender. They were given a deadline of May 24th to accept the offer or face trial.

Kaitlyn’s father suggests his daughters arrest — and the substantial sentence sought by the prosecutor — are motivated by anti-gay bias. He told ThinkProgress that the younger girl’s parents have told teachers at the high school that “their daughter will NOT be gay.”

So what’s next for Kaitlyn?

The family is hoping that public pressure will improve the offer from the State Attorney. Her father said Kaitlyn would be willing to plead to a misdemeanor, but not a felony. If the position of the State Attorney does not change, Kaitlyn and her family are prepared to go to trial.

The family’s attorney, Julia Graves, has assembled a table of experienced defense lawyers that will convene next week to discuss Kaitlyn’s legal options. Meanwhile, Kaitlyn is scheduled to appear in court again on June 20. At that time, if a plea agreement is not reached, the judge could set a date for trial.

LGBT

Florida Teen Expelled, Charged With Felony For Lesbian Relationship

Kaitlyn Hunt (Credit: Free Kate Facebook Page)

A Florida family says their 18-year-old daughter was charged with a felony and expelled from high school as a result of a consensual, same-sex relationship with another student.

Kaitlyn Hunt started dating a female classmate at the beginning of the school year when she was 17 and the girl she was dating was about three years younger. According to an account posted to Facebook by Kaitlyn’s mother, in February, shortly after Kaitlyn turned 18, she was arrested on felony charges at the behest of her girlfriend’s parents. The specific crime was “sexual battery on a person 12-16 years old.”

Kaitlyn’s mother believes the charges were motivated by anti-gay animus:

They were out to destroy my daughter, they feel like my daughter “made” their daughter gay. They are bigoted, religious zeolites [sic] that see being gay as a sin and wrong, and they blame my daughter.

But Kaitlyn’s problems did not end there. Her girlfriends’s parents appealed to the school board and had her expelled from Sebastian River High School. Kaitlyn’s mom reports that the State Attorney, Brian Workman, has offered Kaitlyn a plea deal “of two years house arrest and one year probation.” Kaitlyn has until next Friday to accept the plea deal or face a trial.

The family has started a petition calling on the state attorney to drop the charges against Kaitlyn.

Justice

Exonerated Inmates: Florida Bill To Speed Up Executions Would Have Cost Us Our Lives

Several exonerated men whose innocence of murder was proven years after they were sentenced to death are imploring Gov. Rick Scott (R-FL) not to sign a Florida bill that would set automatic timelines for imposing the death penalty, and likely would have resulted in the execution of these and other innocent people.

The bill, known as the “Timely Justice Act,” was passed last month amid legislator sentiments that “timely justice” is more important than “guilt or innocence,” with one legislator saying, “Only God can judge. But we can sure set up the meeting.”

Now, as the deadline approaches for Gov. Scott to sign the bill, former inmates who escaped the death penalty are coming forward to demonstrate the extraordinary costs of the law’s passage, in a state with the highest number of exonerations, and more people on death row than any state but California.

“If Governor Scott would just sit with me and others like me, I know he will veto this bill that, if it had been law, would have ended my life – I am innocent,” said Seth Penalver, who sat on death row for 18 years before exonerating evidence emerged. “If he signs this bill into law, I fear other people who are innocent like me, will be unjustly executed by the State of Florida.”

Exoneree Juan Melendez wrote in the Huffington Post:

The “Timely Justice Act” would speed up a system we know has already sent innocent men, like myself, to death row. Some of these prisoners may be men like me, who have exhausted their legal appeals, yet keep trying to find a way to prove their innocence.

In multiple cases of current death row prisoners, we don’t know exactly what the legal claims are. Some of the men on Florida’s death row ran out of legal options simply because their attorneys missed filing deadlines.

In those instances, no court had the opportunity to evaluate the claims and determine whether they have merit. How can we possibly justify speeding up the execution of prisoners in those cases?

According to logic of the “Timely Justice Act,” any prisoner who has exhausted his appeals and been through a clemency process has had every opportunity and is ready for an execution date, regardless of the specific questions and issues that surround his case.

I am living proof that each case is unique and that the system must allow ample time for the truth to emerge.
Given Florida’s troubling track record on wrongful convictions, this legislation ensures the unthinkable — the execution of an innocent person.

Although the final version of the bill eliminated timelines for filing appeals and post-conviction motions, it would require the governor to issue an execution warrant to those who have exhausted their legal remedies within 30 days, and require execution within 180 days of the warrant. The problem is that when it comes to the death penalty, cases are reopened years later when new evidence finally emerges or defendants obtain the resources to uncover new evidence. In several recent instances, crucial errors in FBI analysis were not revealed until years after hundreds of individuals’ cases had been completed and decided.

Just this week in Florida, a man who was sentenced to death in 2006 is just now requesting a retrial, after he obtained lawyers in 2011 that secured testing of crucial DNA evidence.

Health

Florida Legislature Refuses To Extend Medicaid Coverage To One Million Low-Income People

Florida Gov. Rick Scott (R)Florida Gov. Rick Scott (R), an ardent Obamacare opponent, surprised health care reform advocates earlier this year when he endorsed expanding his state’s Medicaid program. But the governor can’t single-handedly add more low-income residents to the Florida’s Medicaid rolls; the proposal still needs the support of the GOP-controlled legislature, which has been fighting over it for the past several months. And now that the state’s legislative session has come to an end, time has run out for the estimated 1.3 million Floridians who stood to gain health insurance under Obamacare’s Medicaid expansion.

On Friday, the legislature concluded without passing a budget that includes funding for expanding Medicaid. That means Florida won’t expand Medicaid in 2014 unless lawmakers convene a special session sometime later this year. Democrats in the state are calling for that special session to focus on pushing through a compromise, but the Republican-dominated legislature may not comply. The decision to refuse the expansion will leave about one million Florida residents uninsured.

As Wonkblog’s Sarah Kliff notes, this situation isn’t unique to Florida. In other red states, the Republican governors who have chosen to endorse Medicaid expansion are also struggling to get the support they need from the other members of their party to advance the policy:

This isn’t a phenomenon reserved to Florida. In Ohio, Gov. John Kasich (R) is having trouble moving the Medicaid expansion he supported through the state’s Republican controlled-legislature. Similar fights are playing out in Arizona and Michigan, where Republican governors find themselves in the relatively odd position of trying to sell Obamacare to state legislators of their own party.

In a way, this is a bit surprising. No one ever expected to hear Scott extoll the benefits of President Obama’s signature legislative accomplishment. That being said, the Medicaid expansion is a really big deal for state budgets — the budget that Scott is charged with overseeing. If his state had participated in the Medicaid expansion, the Urban Institute estimated it would bring $66 billion of federal funds into the state over the course of a decade.

That same burden doesn’t rest so heavy on state legislators. States and hospitals tend to cover much of the country’s uncompensated care and unpaid medical bills. Meanwhile, state legislators have faced intense pressure over this vote. In Ohio, my colleague Sandhya Somashekar reported on one group that went door-to-door collecting signatures from voters pledging to thwart reelection efforts should lawmakers there vote to expand Medicaid.

The politicized in-fighting over Obamacare has pitted governors against legislatures across the country, as many Republicans still refuse to cooperate with health reform no matter what the cost. But for the residents in states like Florida, that political reality comes with especially significant consequences.

Florida, where about one in five people lack health care, has one of the highest rates of uninsurance in the nation. Previous studies have estimated that it’s one of the states that would benefit the most from the health reform law’s Medicaid expansion provision. Hospital groups and faith leaders in the state have both lobbied for expanding Medicaid, which they characterize as a “pro-life” program. Nevertheless, even though Rick Scott was able to put aside politics to prioritize health care for low-income Floridians, his fellow Republican lawmakers haven’t been able to do the same.

Health

West Virginia Accepts Medicaid Expansion As Time Runs Out For Other Highly-Uninsured States

Gov. Earl Ray Tomblin (D-WV) (Credit: Raw Story)

West Virginia Gov. Earl Ray Tomblin (D) announced in a press conference on Thursday that his state would take part in Obamacare’s optional Medicaid expansion, calling the decision “the best choice for West Virginia.” But many states still remain up in the air with their decisions, either because they haven’t decided yet or because state executives and legislators are at odds with each other on the issue — and time is running out.

Speaking at St. Francis hospital and flanked by nurses, doctors, and hospital administrators, Tomblin laid out the medical and financial case for expanding Medicaid eligibility — a conclusion that he reached after commissioning a study to examine such a move’s effects on West Virginia. “Expansion will allow us to provide insurance coverage to 91,500 West Virginians,” said Tomblin.

Indeed, West Virginia has much to gain and very little to lose by embracing the Obamacare provision. The state has abysmal health demographics, and over half of West Virginia’s uninsured population lives below 138 percent of the Federal Poverty Level (FPL). These poor and vulnerable populations would gain access to health coverage under the Medicaid expansion, leading the Kaiser Family Foundation to conclude that expansion will reduce the number of uninsured West Virginians by a staggering 67 percent.

Those numbers likely led Tomblin to his decision. But the moderate Democrat has an advantage that governors of other conservative — and highly uninsured — states don’t: the almost assured support of his legislature. Democrats hold a supermajority in the state Senate and an eight seat edge in the House of Delegates, and both of West Virginia’s U.S. senators also support expanding Medicaid, making intraparty barriers unlikely.

The same cannot be said of Republican Govs. Jan Brewer (AZ) and Rick Scott (FL), who have been lobbying for Medicaid expansion after intense pressure from hospital associations and advocates for the poor. Their Republican-controlled state legislatures have been bending over backwards to stop it from happening. Although there is no hard deadline for expanding Medicaid under Obamacare, many of these states’ legislative sessions are quickly coming to an end — meaning that if no agreement is reached soon, they won’t receive the additional federal funds and won’t be able to extend coverage to low-income residents for at least the first full year of Obamacare implementation.

Texas and Louisiana face similar issues. Although some GOP lawmakers in those states are contemplating Arkansas Gov. Mike Beebe’s (D) alternative “private option” — which would take federal money and use it to help an expanded Medicaid pool buy private insurance — those efforts also remain in limbo, as former and current Republican presidential aspirants Govs. Rick Perry (TX) and Bobby Jindal (LA) have oscillated between flat-out rejecting expansion and being coy about their intentions.

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Health

Florida House GOP Wants Poor People To Pay Three Times More For Health Care Than State Lawmakers Do

(Credit: Wikimedia)

The GOP-controlled Florida state house on Friday passed a Medicaid “expansion” bill that would substantially burden the state’s budget by rejecting any federal funding. It would open up private insurance access to a very select pool of Florida’s low-income residents — but it could force these vulnerable Americans to forgo care, despite their new coverage, by giving them insufficient subsidies and making them choose between private high-deductible health plans (HDHPs) that also come with costly premiums.

Unlike its companion bill in the Senate — which has been endorsed by both Gov. Rick Scott (R) and the Obama Administration — the House’s bill would expand coverage to a mere one-tenth of the 1.1 million poor Floridians who would have gained access under a more expansive effort. That’s because the bill only addresses Americans living at or below the Federal Poverty Level (FPL), instead of Obamacare’s more ambitious limit.

Now that the bill has passed, a showdown between the House and Senate is likely. Although both bills would privatize Florida’s Medicaid program, the Senate’s version would insure all poor Floridians up to 138 percent FPL. The House version, on the other hand, will concentrate on extending insurance to poor single moms, poor working parents, and disabled adults by giving them a flat $2,000 per year subsidy — but would not extend coverage to poor working adults in general. Although Republicans insisted the pared down bill was necessary to contain rising health costs, critics argued that it is unfair to ask the poorest Americans to pay over three times the monthly premium as state workers and legislators, pointing out that there is bipartisan support for the Senate’s alternative bill:

The House plan would use $237 million in state funds to give recipients $2,000 a year to choose their own private insurance plans. The plans would require a $25 monthly premium and likely have high deductibles, which Democrats said many families would not be able to afford.

In contrast, House members covered by the state insurance plan spend $8 a month.

“There’s very little you can buy,” said Rep. Mia Jones, D-Jacksonville. “This population will not be able to take this product that has been crafted for them and not be able to do anything of value with it.”

House Democratic Leader Perry Thurston warned that members were missing a chance for bipartisanship, noting the Senate had already put aside their differences.

“We have a governor who has disagreement with the president of the United States but they came to a bipartisan resolution and put aside those differences,” Thurston said. “Why? Because of the importance of saving lives.”

As Jones points out, since this bill would provide Floirida’s uninsured with insurance that they still won’t be able to use, the $237 million price tag is largely a waste. The average annual deductible in HDHPs has been rising steadily as more employers rely on them, ranging anywhere from $1,100 for an individual to $2,500 for a family in 2012. By contrast, the average annual out-of-pocket health care costs for American households is expected to exceed $3,000 by 2014. So the $2,000 annual subsidy wouldn’t end up going very far at all. This would present a problem for any family trying to afford health coverage — but for the particularly vulnerable populations that the Florida House’s bill seeks to cover, it could be catastrophic. Low-income Americans have specialized health care needs that, in many cases, are simply not covered by cheaper private health plans.

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Justice

Florida Republicans Push Legislation Targeting Non-English Speaking Voters

Long lines to vote in Florida for the 2012 election

Non-English speakers could soon find it more difficult to cast a ballot in Florida, despite federal protections for those citizens who speak another language.

Federal law requires voting officials to permit voters who are unable to read the ballot to be assisted by a person of their choice. In Florida, which has large swaths of non-native English speakers, this measure is critical in protecting every citizen’s voting rights. However, those protections could be tested after Republican state senators in Florida inserted language in an elections bill to prevent private interpreters from helping citizens who cannot fully understand English.

The Miami Herald has more:

The architect of the new elections bill, Sen. Jack Latvala, R-St. Petersburg, said his measure would not ban interpreters, but would limit those who use foreign-language speakers for partisan ends. . . . “What it does away with,” he said, “is the right of someone to stand outside a polling place and say: ‘I want to go in and help you because I’m here.’ It limits one person being able to do that 10 times a day.”

But that’s a major change, says Braynon and liberal-leaning election-rights groups.

If a person can provide assistance to only 10 people, then certain precincts could have required as many as 50 interpreters during the 2012 elections, Braynon said.

“We had trouble finding five people to help interpret,” he said.

The overarching problem is that for speakers of languages like Creole — like Desiline Victor, the 102-year-old Miami voter who attended the State of the Union speech — there are not enough interpreters available to help, which contributes to the state’s long lines. Private translators, particularly for less prevalent languages, can help alleviate the problem.

Republicans in Florida aren’t the only ones pushing legislation that would impede non-English speaking voters. Last month, Sen. Jim Inhofe (R-OK) and Rep. Steve King (R-IA) introduced the English Language Unity Act, which could hinder the printing of non-English ballots as the Voting Rights Act currently requires.

Health

How The Right Wing Manufactured A Fake Controversy Over Planned Parenthood’s ‘Infanticide’

On Wednesday, RNC Chairman Reince Priebus published an editorial lambasting the mainstream media for “covering up” Planned Parenthood’s “support for infanticide.” According to Priebus, the national women’s health organization — in addition to providing contraceptive services, STD testing, cancer screenings, and reproductive care for millions of women across the country — is also in the business of murdering live babies. He claims that a recent committee hearing in Florida proves that Planned Parenthood officials support “the right to post-birth abortion.”

What’s “post-birth abortion”? What exactly happened in Florida? And how did this controversy explode in the right-wing media?

To understand the root of the current smear campaign against Planned Parenthood, it’s important to understand the context of the committee hearing that Priebus is referencing. That hearing was a debate over HB 1129, a politically-motivated piece of legislation seeking to ensure that any infant born alive “during or immediately after an attempted abortion” is entitled to all of the same rights “as any other child born alive in course of natural birth.” The “Infant Born Alive” measure rests upon the fundamentally flawed assumption that this type of situation is a real risk for women seeking to terminate a pregnancy. In fact, Florida does not perform abortions after the fetus has reached viability, so the situation that HB 1129 intends to address is incredibly unlikely.

And the original version of the legislation went even further. In this hypothetical medical situation, where an infant is “born alive” after an incredibly late-term induced abortion, the woman would have also been stripped of all parental rights. The Florida Association of Planned Parenthood Affiliates opposed HB 1129 because of this particular provision, which they believe is simply intended to intimidate and shame women. Planned Parenthood officials pointed out that the implicit assumption is that women who choose abortion can’t possibly be fit to care for a child — and that’s not something that should be codified into state law.

Last week, a lobbyist representing Planned Parenthood, Alisa LaPolt Snow, testified about the organization’s opposition to that aspect of HB 1129. During the hearing, she was questioned by a panel of anti-abortion state lawmakers who demanded that she respond to questions about this highly unlikely hypothetical situation. According to sources from the organization, the Republican lawmaker who sponsored HB 1129 repeatedly insinuated that women who choose abortions cannot be trusted, defending the provision revoking parental rights because “there is at least suspicion that that biological mother may not have the best interest of that born infant in mind.” When posed with a hypothetical scenario in which “a baby is born on a table as a result of a botched abortion,” Snow attempted to make the point that legislators don’t need to get in the middle of medical situations. “We believe that any decision that’s made should be left up to the woman, her family, and the physician,” Snow said.

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Economy

ALEC-Orchestrated Bill In Florida Would Block Cities From Making Paid Sick Leave Laws

Florida’s House of Representatives is pushing forward a bill that would prevent any municipality in the state from adopting its own paid sick leave policy.

The state’s House Majority Leader Steve Precourt (R) says the move is necessary as “momentum for those things” is “building.” And he should know — Precourt represents Orlando, FL, where the county council knocked a paid sick leave initiative off the ballot in the final hours before the deadline. That effort was expected to make it onto the 2014 ballot but, if Precourt’s bill passes first, it will be forever banned.

Efforts to stop paid sick leave legislation are collectively referred to as preemption bills. They are orchestrated by the American Legislative Exchange Council, ALEC, a right-wing group trying to coordinate conservative laws across states. Most infamously, ALEC was responsible for ‘Stand Your Ground’ laws. To put it mildly, Majority Leader Precourt is an active member:

Precourt’s proposal actually goes further than Wisconsin’s bill by incorporating ALEC model legislation that would preempt local living wage requirements as well. (ALEC’s slate of bills promoting a race to the bottom in wages and working conditions for America’s workforce was recently detailed in a report by the National Employment Law Project.)

Precourt attended the 2011 ALEC meeting where legislators were handed complete copies of Wisconsin’s 2011 Senate Bill 23. He reported receiving $487.38 from the corporate-funded “scholarship fund” to attend the 2011 ALEC meeting.[...]

Also at that 2011 ALEC meeting, Precourt and sixteen other Florida legislators attended a “State Night” dinner at Antoine’s Restaurant, where lawmakers sat down with corporate lobbyists for meals that averaged around $120. But Florida legislators were not asked to pay a dime for their expensive night out: their tab was picked up by the corporate-funded ALEC “scholarship fund.”

The paid sick leave initiative in Precourt’s home county had garnered 50,000 signatures before business interests colluded with a seven-person council to slow the effort to a halt.

Big businesses oppose the law because they see it as an unnecessary financial burden — similarly, Precourt criticized paid sick leave as “injecting more and more [economic] uncertainty.” That criticism is unfounded and thoroughly debunked; sick leave is actually good for economic interests, not to mention simply humane.

Justice

Florida Senator: Passing An Anti-Muslim Law Is Just Like Getting Vaccinated Against Polio


Florida state Sen. Alan Hays (R) is a driving force behind an anti-Muslim bill targeting the imaginary problem of Florida courts ignoring American law in order to follow Islamic law. Indeed, despite the fact that this problem does not actually exist, Hays distributed alarmist flyers to his colleagues last year entitled “Shari’ah Law: Radical Islam’s threat to the U.S. Constitution.”

This year, Hays appears to be taking a different tactic. In an apparently acknowledgment that Florida courts are not exactly a haven for Islamic legal citations, Hays argues that his bill is still necessary as a preventative measure similar to a vaccination:

When you were a child, did your parents have you vaccinated against different diseases? That was a preemptive gesture on their part for which I would hope you’re very thankful. And this is very similar to that. Your mom and dad would not want you to get sick from one of those dreadful diseases, and I don’t want any American to be in a Florida courtroom and have their constitutional rights violated by any foreign law. That’s it. It’s not that complicated.

Watch it:

Of course, by this logic, Hays also might want to consider legislation preventing courts from replacing American law with the laws of ancient Rome or the Advanced Dungeons and Dragons second edition rules — both of which are exactly as likely to silently creep into our judicial system as Islamic law.

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