women's rights

Senator Ayotte's Real Record on Equal Pay for Women

Like with her obstruction of President Obama’s Supreme Court nominee and his other federal judges, Senator Ayotte has made clear that she won't do her job on a lot of things. Ensuring equal pay for equal work seems to be one of them.
PFAW

Supreme Court Punts in Zubik Case – and Shows Again the Crucial Importance of a Fully-Staffed Supreme Court

The Supreme Court issued a brief unsigned opinion today in the Zubik case, and vacated the conflicting opinions on whether the Religious Freedom Restoration Act (RFRA) allows religious nonprofits to effectively take away Affordable Care Act-required contraceptive coverage from their employees. The result is to punt the issue away until the Court again has nine justices, reinforcing again why the Court must have a full complement of justices and why the Supreme Court is such a critical issue in the 2016 elections.

Before the Court in Zubik were a series of cases in which federal appeals courts had ruled that objections by religious colleges and other employers to contraceptive coverage had already been accommodated by the Administration by making clear that the coverage was to be provided by insurers and not involve any employer who expressed a religious objection, so that RFRA was not violated and coverage should continue. The more conservative justices on the Court, including Justice Kennedy, were nonetheless troubled by the claim that the religious employers were still involved in providing the coverage, at least by specifically having to provide notice to object to it. So the Court ordered supplemental briefing in the case on whether it was possible to continue to provide the coverage with no involvement by the employers, other than providing insurance that did not include contraceptive coverage.

In its opinion today, the Court vacated the decisions being considered in Zubik and directed that, on remand, the lower courts should give the government and the objecting employers the opportunity to try to resolve the issue, in light of what the Court characterized as the possibility, as expressed in the supplemental briefs, of ensuring that the coverage can be provided without involving the employers. If needed, the lower courts would then issue opinions on the issue, which could be reviewed by the Supreme Court. Interestingly, the Court also gave the same treatment to the single appellate court opinion that ruled in favor of religious employers and was not included in the Zubik case, vacating that decision as well to be reconsidered again if necessary. The Court specifically made clear that while this process is going forward, women covered by the insurance plans should “receive full and equal health coverage, including contraceptive coverage," and that the “Government may not impose taxes or penalties” on the religious employers for failing to provide the formal notice of their religious objection which they had complained about in their lawsuits. In other words, no harm should occur to any of the parties while the government and the employers try to work out the problem and litigate it in the lower courts if necessary. A separate concurrence by Justices Sotomayor and Ginsburg further emphasized that the decision does not resolve either way the substantive issues, including whether the religious employers do incur a “substantial burden” that triggers RFRA.

While both sides can therefore claim some temporary victory from the Court’s ruling, the clear loser is our American justice system. A crucial legal issue that clearly divides the justices on the Court concerning the application and meaning of RFRA and contraceptive rights remains unresolved. Despite the apparent optimism in the Court’s brief opinion, it seems unlikely that every  religious employer in the country will agree to any accommodation under which its employees will still get contraceptive coverage, so that the issue is very likely to remain unresolved and return to the Supreme Court again. Without nine justices on the Court, it seems clear that the Court will not be able to resolve the issue, just as it could not at present. That makes the issue of filling the current vacancy on the Court, and who will be the president that fills future vacancies on our closely divided Supreme Court, extremely crucial now and in November.

PFAW Foundation

Equal Pay Day Shows How Far Women Still Have to Go

This piece originally appeared on the Huffington Post

Today marks “Equal Pay Day,” the day when women’s pay finally catches up to men’s pay from last year. You’ll have to forgive me for not cheering too loudly.

Each year Equal Pay Day highlights how far we still have to go in the fight for pay equity, and it’s striking how little headway has been made on closing the gap in recent years, with progress all but stagnating in the past decade. Across the board, women continue to be paid less than their male counterparts — a fact that takes on new significance in an election year where the views of the Republican presidential candidates on the gender pay gap range from dismissive to downright hostile.

But the numbers speak for themselves: according to the latest data, women earn on average 79 cents for every dollar that men earn. When you consider a full lifetime of work, the scope of inequality becomes far more dramatic. A new report from the National Women’s Law Center on the “lifetime wage gap“ shows that across 40 years of working, based on the current figures, women lose more than $430,000. When you break down the numbers by race, it’s even more stark; African-American women lose over $877,000, and Latinas more than a million dollars. When women are making hundreds of thousands of dollars less than men over a lifetime, it affects not only women’s financial stability while working and during retirement, but also the financial stability of our families.

Not to mention that it’s spectacularly unfair.

A gender pay gap exists for women in almost all occupations, from teachers to lawyers to cooks to mail carriers, and even in the entertainment field. Demos reports that for retail salespeople, the most common occupation in the country, the gender pay disparity is “particularly stark,” with women who are working full-time earning just 68 cents for each dollar earned by their male co-workers. For women struggling financially, the earnings lost simply for being a woman can mean the difference between barely making ends meet and being forced to choose between basic necessities like food and rent.

When you look at the presidential candidates’ stances on pay equity, it’s clear that the 2016 election will be a pivotal moment for whether progress is possible in the near future. Trump claims to “love equal pay,” but says he won’t support the legislative efforts necessary to make it happen. At an event last year, he told a woman asking about the pay gap that “you’re gonna make the same if you do as good a job.” Sen. Ted Cruz voted against the Paycheck Fairness Act and derided it as a “political show vote.” A 2014 newspaper investigation found that in Gov. John Kasich’s office, women were paid nearly $10 less per hour than men, yet on the campaign trail, Kasich blamed not discrimination, but paid leave laws, for causing the wage gap!

Despite Republicans’ dismissal of the issue, equal pay for equal work remains a goal rather than a reality for women across the country. And until we close the gap, Equal Pay Day will remain an unhappy reminder of this continuing inequality.

Kathleen Turner is an advocate and Academy Award-nominated actress, and serves on the board of People For the American Way’s affiliate, PFAW Foundation.

PFAW Foundation

“Hobby Lobby II” Distorts the Principle of Religious Freedom

The following is a guest blog by Rev. Faye London, a member of the VASHTI Women’s Initiative within People For the American Way Foundation’s African American Ministers Leadership Council.

The Little Sisters of the Poor Home for the Aged v. Burwell case – which has now been consolidated with similar cases under the name Zubik v. Burwell – is a continuation of a strategy by the Right to gut the Affordable Care Act since they have been unable to repeal it. All of these cases are framed as "religious freedom" cases, yet trying to limit women’s reproductive freedom is based on a twisted understanding of what the original Religious Freedom Restoration Act (RFRA) was meant to address.

Congress passed RFRA more than 20 years ago when the Supreme Court refused to protect native and indigenous individuals from being denied government benefits because of drug tests detecting peyote, a substance that was used in their religious ceremonies. RFRA was passed to protect people from having their free exercise of religion violated by the government.

Like so many others, this law has become a victim of targeted reinterpretation. In 2014, the Hobby Lobby decision made it legal for a corporation to act as an individual with regard to religious freedom. It also redefined religious freedom, so that people and corporations could use RFRA to avoid obeying laws that offend their religious beliefs, but don’t actually limit their free exercise of religion. Several states also considered laws intended to make it legal for any person or business to cite religion in order to ignore laws prohibiting discrimination against same gender loving people. And while that aspect of the debate was all over the news, the threat to women’s health posed by laws like this grew quietly in the background.

The case now at the Supreme Court attacks a vital piece of the puzzle by which ACA protects women's health by requiring health insurance to include contraception coverage without charge. There is an accommodation already in the law that sets an alternative route to coverage for women who work for nonprofit religious organizations that disapprove of contraception. All the organization has to do is fill out a very short and simple form or write a letter stating that as an organization they do not want to provide contraception, and they are relieved from that responsibility and the government takes over, directing the insurance company to pay for the contraception rather than the religious nonprofit. The Little Sisters of the Poor organization and others are saying that signing a one-page form is an "undue burden" on them morally, as it still constitutes participation in opening the way for women to access "sinful" contraceptive care.

This new trend is just another way to strip rights from poor people who depend on these services for survival. It is not about religious freedom. The accommodation is sufficient to protect the Little Sisters' religious freedom. This is about controlling women's bodies (and particularly poor women's bodies, since women of means can afford to pay out of pocket), in order to make space for those who would relieve themselves of any responsibility for ethical treatment of their employees or the public.

PFAW Foundation

Over 25,000 Call on Cruz, Huckabee, Jindal & GOP to Renounce Kevin Swanson

WASHINGTON – Over 25,000 people have already signed a People For the American Way petition speaking out against the Republican Party for standing with extremists who have repeatedly defended the death penalty for LGBT people. The petition calls on Ted Cruz, Mike Huckabee, and Bobby Jindal to speak out against the violent bigotry of the so-called National Religious Liberties Conference at which they are scheduled to speak this weekend in Des Moines. The conference organizer, Kevin Swanson, has openly and repeatedly defended capital punishment laws for LGBT people, said that he thinks Girl Scout cookies and the movie "Frozen" will turn young girls into lesbians, and called the death of abortion providers divine “upcommance.”

People For the American Way President Michael Keegan stated:

“It is unconscionable that GOP candidates would participate in a conference whose organizer believes gay people deserve to die because of their sexuality. We’ve seen throughout this primary campaign that Republican candidates are fighting over who can be more anti-women, anti-gay, anti-immigrant. They’ve now reached a new low.”

Kevin Swanson and other speakers at the event have a lengthy history of disturbing remarks about women and LGBT people. Here’s just a few examples from Right Wing Watch, a project of People For the American Way:

  • Swanson has called homosexuality a “death penalty crime” and defended a Ugandan measure to make homosexuality a criminal offense punishable by life imprisonment or the death penalty, saying he was glad the country was “standing strong” by adopting extreme anti-gay laws. He has said that it’s acceptable to attend a gay couple’s wedding only if you hold up a sign telling them they should be put to death.
  • Conference speaker Phil Kayser advocates instating the death penalty for gay people.
  • Conference speaker Joel McDurmon likewise insists that God “revealed that the homosexual act as a civil crime deserves the death penalty."
  • Swanson has called HIV/AIDS “God’s retribution” and “God’s kindness” for gay people.
  • Swanson has claimed that flooding and forest fires in Colorado were the result of “decadent homosexual activity” and women wearing pants and said that Hurricanes Sandy and Katrina were divine punishments of “pro-homosexual” cities.
  • Swanson, who is affiliated with the Christian Patriarchy movement, although he rejects the term,  has insisted that feminists — many of them “ugly” “feminazis” — and gay people “are destroying society.” He claims that women who use birth control have “little tiny fetuses, these little babies … embedded into the womb,” meaning that the “wombs of women who have been on the birth control pill effectively have become graveyards for lots and lots of little babies.”
  • Swanson called the murder of Kansas abortion provider George Tiller divine “upcommance.”
  • Swanson has warned that  Disney’s “Frozen” is a demonic movie meant to “indoctrinate my five-year-old to be a lesbian.”

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Ann Coulter: 'Women Should Not Have The Right To Vote,' But They 'Can Still Write Books'

Ann Coulter, the far-right pundit and author of the new anti-immigration book “Adios, America!,” recently voiced her disdain for both immigrants and female voters on the radio show “Free Speech” with Gavin McInnes. While McInnes is himself an immigrant from Canada, he apparently had no problem bashing immigration from America’s Southern neighbors.

Coulter explained that Ted Kennedy’s ’65 immigration act was “specifically designed to change the demographics of this country. When it went through, as with Obamacare, surrounded with lies, a miasma of lies: ‘this will not change the demographic of America; we’ll get basically the same people we’ve always gotten.’” But, instead, Coulter asserted, this act “was specifically designed to bring in peasant cultures who would remain poor for generations, remain on government support, so that you would have a solid block of Democratic voters, and it worked.”

According to Coulter, “Obama never would have been elected, I mean certainly wouldn’t have been reelected – Romney won bigger against, I mean, if the demographics of this country had not changed so dramatically because of immigration, Romney would have won a bigger landslide than Reagan did against Carter in 1980.”

McInnes, also brought up women voters, prompting Coulter to share her position that “women should not have the right to vote.” She continued that while women should not vote, “We can still write books! We can run for office.”

“You just can’t vote,” McInnes reiterated.

This is not the first time Coulter voiced her support for female disenfranchisement. In 2007, Coulter said that “If we took away women’s right to vote, we’d never have to worry about another Democrat [sic] president.” Coulter described this as a “pipe dream” and a “personal fantasy” of hers that women, especially the single women who “are voting so stupidly,” will finally be silenced.

Later in his conversation with Coulter, McInnes purposed another novel idea: “How about if you don’t pay tax, you can’t vote?”

“That was what my father always said,” responded Coulter. “Well, technically what he said was you can vote if you weren’t getting back stuff from the government. If you’re breaking even, okay. But not if you’re getting more from the government than you are paying in, well than you’re just voting for more stuff for yourself.”

The Supreme Court’s Attack on Working Women

The following is a guest blog by Beth Huang, 2010 Fellow of People For the American Way Foundation’s Young People For program.

Last Monday, the Supreme Court ruled in two critical cases with major implications for working women. The Supreme Court ruled once again that corporations are people, this time conferring religious rights that trump workers’ rights to access full healthcare. In a dissent to the Burwell v. Hobby Lobby ruling, Justice Ruth Bader Ginsberg noted “that the cost of an IUD is nearly equivalent to a month's full-time pay for workers earning the minimum wage.” Justice Ginsberg’s dissent reveals the real impacts of denying coverage of contraception for low-wage working women -- something the slim five-justice, all-male majority fails to comprehend.

To compound the attack on working women, five male Justices severely undermined the ability of care workers – 95 percent of whom are women – to collectively bargain in the case Harris v. Quinn. This assault on working people stems from the Justices’ view that the care workers in the case are not “real” public employees and thus the union cannot charge the appropriate agency fee to all of them for its bargaining services. This ruling serves the interests of anti-worker extremists at the expense of these invaluable workers who care for our families and our children.

It’s clear: a majority of Justices are trampling over the rights of working women. In light of these attacks, it’s time to organize for gender equity and economic justice for working women.

Back in 2010 when I was a student, Young People For helped me develop organizing skills that have led me to effectively advocate for and with women and workers. Through my work in student labor organizing as an undergraduate and since graduation, I have seen that workers’ rights are women’s rights, from having access to comprehensive healthcare to having a voice on the job. To build an economy that works for today’s students and youth, we need to organize locally and train new leaders in the broad effort to advance our agenda for gender equity and economic justice.

At the Student Labor Action Project a joint project of Jobs with Justice and the United States Student Association, we’re doing just that by building student power to advance an agenda that protects the rights of current workers and promotes a more just economy for students to enter when they graduate. Our campaigns focus on demanding funding for public higher education, which we know is a major source of good jobs and upward mobility for women and people of color; pushing back on Wall Street profits that fuel the student debt crisis; and raising the working conditions for Walmart workers, 57 percent of whom are women.

The Supreme Court’s decisions last week underscored the urgency of organizing for these changes. Women’s access to equal rights, power in the workplace, and comprehensive healthcare depends on it.

PFAW Foundation

Hobby Lobby, Wheaton College, and the Importance of Women Justices

Days after the Supreme Court handed down its damaging 5-4 decision in Burwell v. Hobby Lobby, SCOTUS issued an order that underscored the danger that Hobby Lobby poses for women’s health.

In Wheaton College v. Burwell, SCOTUS temporarily granted relief to Wheaton College, a religious institution that is “categorically” opposed to providing contraceptive services, from the contraception coverage compromise solution that the  Court explicitly endorsed in Hobby Lobby. The order says that Wheaton may be exempt from submitting a form that would inform the government that they object to covering birth control. Wheaton College argued that submitting this form would make it “complicit in the provision of contraceptive coverage.” The temporary order indicates that the Court’s majority may accept this problematic argument.

In what Think Progress called a “blistering dissent” to the order, Justice Sonia Sotomayor — joined by the two other female Justices Elena Kagan and Ruth Bader Ginsburg — sharply criticized the order. Sotomayor wrote in the dissent:

“Those who are bound by our decisions usually believe they can take us at our word. Not so today.”

While this order is temporary until the case may be heard in front of the Court, the female Justices’ strong dissent demonstrates not only the division within the Court, but also the importance of having diversity on our courts. Women on the bench provide a critically important perspective on all cases, but especially those that deal with women’s lives. It is more important than ever, when women’s rights are under assault, that women are more fairly represented at all levels of government.

PFAW Foundation

African American Ministers on Hobby Lobby: Employers Shouldn’t Be Able to Dictate Women’s Health Decisions

WASHINGTON – In response to today’s 5-4 Supreme Court decision in Burwell v. Hobby Lobby Stores, Inc., the female clergy members of People For the American Way Foundation’s African American Ministers Leadership Council released the following statement:

“In today’s Hobby Lobby decision, the men of the Supreme Court’s conservative majority took special pains to argue that companies can’t dictate all of their employees’ health decisions, just those about women’s health.

“This is a full-scale attack on women, and it’s unacceptable. Today’s ruling threatens to prevent countless women from accessing the reproductive health services they need. Women’s health decisions should be between them and their doctors, not them and their employers.

“As faith leaders, we are deeply concerned about the distortion of the concept of religious liberty in today’s decision. Allowing corporations to infringe on the rights of their employees in the name of religious freedom is not what our Constitution’s framers had in mind, and it’s not in line with our values as Americans.”

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PFAW Action Fund Endorses Young Progressive Candidates in Michigan

People For the American Way Action Fund today endorsed a slate of young progressive candidates running for the Michigan State Legislature. The endorsements are part of PFAW Action Fund’s Young Elected Progressives (YEP) program that supports progressive candidates age 35 and younger. The Michigan candidates endorsed today are a diverse mix of progressive leaders who are positioned to make Michigan’s legislature be more inclusive and accountable.

“These candidates are the best and brightest young progressive candidates running for the legislature in Michigan,” said PFAW Political Director Randy Borntrager. “They are people-oriented folks from all walks of life who will fight for social, economic, and environmental justice, and promote equality for all. Their leadership in their communities demonstrates a progressive vision that will benefit all Michiganders.”

People For the American Way Action Fund is proud to endorse the following Michigan YEP candidates for 2014:

•         Stephanie Chang – MI House District 6
•         Jon Hoadley – MI House District 60
•         David Knezek – MI Senate District 5
•         Kristy Pagan – MI House District 21
•         Rebecca Thompson – MI District 1
•         Robert Wittenberg – MI House District 27

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People For the American Way Action Fund Endorses Young Progressive Candidates in Michigan

People For the American Way Action Fund today announced its endorsements of a slate of young progressive candidates running for the Michigan State Legislature. The endorsees include a diverse mix of 35-and-younger candidates running for the Michigan state House of Representatives and state Senate, representing a new generation of progressive leaders who will put Michigan’s legislature back-on-track towards a common sense, inclusive, accountable public policy agenda for the state’s future. Their leadership represents a progressive vision that will benefit all Michiganders as they fight for social, economic, environmental justice and equality for all.

The endorsements are part of People For the American Way Action Fund’s Young Elected Progressives (YEP) program. YEP evaluates and endorses young progressive candidates age 35-and-younger in their bids for elected office around the U.S. at all levels.

People For the American Way Action Fund is proud to endorse these Michigan YEP candidates for 2014:

Stephanie Chang – MI House District 6

Running for Michigan’s House of Representatives District 6, Stephanie Chang is a Michigander whose dedication to the community has benefited many. Chang has worked around the state advocating for Affirmative Action, serving as a mentor for Detroit Asian Youth Project, and promoting a fair justice system. Chang’s knowledge and breadth of experience in Michigan make her an important leader for the state as she fights for social, economic, and environmental justice. Visit Stephanie’s page for more details.

Jon Hoadley – MI House District 60

Jon Hoadley is the clear choice to represent Michigan’s 60th District in the state House of Representatives. Hoadley, a small business owner and member of several advocacy organizations in Kalamazoo, is deeply ingrained and in tune with the needs of his community, which makes him the ideal representative. He has already worked to better Kalamazoo advocating for full LGBTQ equality, creating strong and sustainable public schools, and protecting the environment. Visit Jon’s page for more details.

David Knezek – MI Senate District 5

David Knezek is running for Michigan state Senate’s 5th District and has proven that he is the ideal candidate for the position. Knezek is a true leader, having been promoted to the rank of Sergeant during his time in the U.S. Marine Corps. At the University of Michigan-Dearborn, he was elected Student Government President, and in his senior year of college he was elected to be a Michigan state representative. Knezek has proven that he will advocate for his community and improve education, public safety, and job opportunities for Michigan citizens. Visit David’s page for more details.

Kristy Pagan – MI House District 21

Born and bred in Michigan, Kristy Pagan is the ideal candidate for the 21st District of Michigan’s state House of Representatives. She has worked in Washington, D.C. as a legislative aide and a national grassroots organizer. Her determination to serve coupled with her knowledge of and dedication to Michigan will serve the state well. Pagan is a true progressive, and has both the resolve and the passion to reform Michigan’s educational system, advocate for women and children, and improve job growth. Visit Kristy's page for more details.

Rebecca Thompson – MI District 1

Rebecca Thompson is running for election to the 1st District of the Michigan state House of Representatives. Thompson was born and raised in Detroit, and overcame experiences with poverty and homelessness to become a leader in the community. She has worked tirelessly to better Detroit for everyone, using her own experiences to positively impact those around her. Thompson is passionate about affordable education, improving safety, protecting women’s rights, and advocating for her community. Visit Rebecca's page for more details.

Robert Wittenberg – MI House District 27
                                                                                                                     
Robert Wittenberg is running to represent District 27 in the Michigan state House of Representatives. After being inspired by his parents’ and brothers’ work, he is determined to follow in their footsteps and serve his community. As a public servant, he advocates for full equality for the LGBTQ community, increased public transportation, and access to healthcare for all. Visit Robert's page for more details.

PFAW

People For the American Way Action Fund Endorses Ariana Kelly for Delegate in MD-16

Today People For the American Way Action Fund announced its endorsement of Ariana Kelly for delegate in Maryland’s 16th Legislative District.

Ariana Kelly currently serves Maryland’s 16th District in the House of Delegates. She is one of six primary candidates for the three delegate seats. First elected in 2010, Kelly is the former national campaign director for MomsRising.org. Prior to that she served as executive director of NARAL Pro-Choice Maryland, and served on the board of directors of the Democratic Women’s PAC of Maryland. A lifelong Democrat and native of Bethesda, Kelly is a graduate of the University of Wisconsin-Madison.

As delegate, she has been a strong advocate for women’s rights, education, and access to healthcare. She serves on the health and government operations committee, the insurance subcommittee, and the bi-county agency committee. Kelly was named Legislator of the Year by the Mental Health Association of Maryland, won the Young Woman of Achievement Award from the Women’s Information Network, and is secretary for the Women Legislators of Maryland.

“Ariana Kelly is a committed champion for women, survivors of domestic violence, and children, who has established herself as a true leader,” said Randy Borntrager, PFAW Political Director. “She is a true progressive leader who will fight for a better future as delegate.”
               
Visit Ariana Kelly’s campaign website for more details.

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People For the American Way Action Fund Endorses Lucy Flores for Nevada Lieutenant Governor

Today People For the American Way Action Fund announced its endorsement of Nevada State Assemblywoman Lucy Flores for Lieutenant Governor.

Flores, one of the first Latinas to serve in the Nevada legislature, rose rapidly into leadership. By 2013, she was already serving as Assistant Majority Whip, and she now serves as vice chair of the Nevada Hispanic Legislative Caucus.

“Lucy Flores is exactly the kind of young, dynamic, progressive leader that Nevada needs,” said PFAW Political Director Randy Borntrager. “Her story of overcoming adversity puts her in a unique position to fight for women’s rights and minority rights from a place of personal experience. I am confident she will continue to fight for equal protection under the law for all Nevadans.”

The daughter of Mexican immigrants, Flores grew up as one of 13 siblings and struggled as a teenager, ultimately dropping out of high school. But with encouragement and support, Flores put her troubled years behind her, received a GED, and became the first in her family to go to college. She earned a bachelor’s degree from the University of Southern California and later a law degree from the William S. Boyd School of Law at the University of Nevada, Las Vegas.

In 2008, Flores served on the Nevada Commission on Minority Affairs, where she was an advocate for the renewal of the state’s ombudsman for minority consumer affairs, ensuring equal protection under Nevada’s consumer protection laws. In the legislature, she passed landmark legislation improving high school testing, protecting consumers from predatory unauthorized practice of law, and protecting survivors of domestic violence from their abusers.

People For the American Way Action Fund is proud to support Flores’ quest to “bring a vision and voice to Nevada that hasn’t been heard before.”  Learn more about her campaign for Lieutenant Governor at http://www.lucyflores.com.

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Women Justices Press Important Questions During Hobby Lobby Arguments

Crowds of activists and advocacy groups gathered outside while the Supreme Court heard oral arguments Tuesday in the Sebelius v. Hobby Lobby Inc. case.

Justices Sonia Sotomayor, Elena Kagan, and Ruth Bader Ginsburg did not shy away from asking difficult questions that demonstrate the broad implications this case could have. Justices Sotomayor and Kagan voiced concerns regarding the implications of a ruling for the first time in our nation’s history that for-profit corporations have religious rights. Both justices questioned whether this decision would allow companies to deny access to coverage of not only contraceptive methods, but also of other lifesaving procedures employers might object to on religious grounds—like blood transfusions or vaccines.

The Huffington Post quotes Justice Kagan as saying, “There are quite a number of medical treatments that could be religiously objected to… Everything would be piecemeal, nothing would be uniform.”

Pushing the issue further, Justice Sotomayor asked, “How are courts supposed to know whether a corporation holds a particular religious belief?”

Similarly, Justice Ruth Bader Ginsburg stated that the Religious Freedom Restoration Act

was a law that was passed overwhelmingly [by] both houses of Congress. People from all sides of the political spectrum voted for it. It seems strange that there would have been that tremendous uniformity if it means [corporations are covered].

She added…

[T]here was an effort to adopt a … specific conscience amendment in 2012, and the Senate rejected that… That amendment would have enabled secular employers and insurance providers to deny coverage on the basis of religious beliefs or moral convictions. It was specifically geared to secular employers and insurance providers. And that…was rejected.

Justice Kagan noted that RFRA was considered non-controversial when it passed, an unlikely reaction if it had been understood to open the door to employers citing religious objections to complying with laws relating to sex discrimination, minimum wage, family leave, or child labor.

Justice Kagan also noted that women are “quite tangibly harmed” when employers don’t provide contraceptive coverage. This decision, however, could have far-reaching implications beyond women’s reproductive rights since this case deals with some of the same core issues seen in “right to discriminate” bills like Arizona’s, as we pointed out yesterday morning.

PFAW Foundation

‘Right to Discriminate’ Bills, Meet Hobby Lobby

Last month, as Arizona governor Jan Brewer deliberated whether to sign or veto a law that would have allowed businesses to discriminate against LGBT customers, the public outcry was immense. Senators Jeff Flake and John McCain shared their opposition via Twitter. Companies including American Airlines, Apple, and AT&T urged a veto. Multiple state senators who had voted for SB 1062 asked Gov. Brewer to veto it. When she did, advocacy groups praised the decision and many in Arizona and across the country breathed a well-deserved sigh of relief.

But it turns out that sigh may have been premature.

This morning the Supreme Court will hear arguments in Sebelius v. Hobby Lobby Stores, Inc., a case that, on its face, appears to be dealing with a different issue – women’s access to contraception – but in fact grapples with some of the same core issues in play with “right to discriminate” bills like Arizona’s. In the Hobby Lobby case, as in its companion case Conestoga Wood Specialities v. Sebelius, corporations are trying to avoid complying with the contraception mandate of the Affordable Care Act. But both the Supreme Court cases and the “right to discriminate” bills address the question of whether for-profit corporations have religious rights and can use those “rights” in a way that brings harm to others. 

Comparing the vetoed Arizona bill to efforts to let companies deny covering contraception, National Women’s Law Center vice president Emily Martin put it like this: “What you’re seeing in both cases are corporations asserting the right to break the law in the name of religion, even if it results in harm and discrimination for third parties.” And The New Yorker’s Jeffrey Toobin noted,

Indeed, a victory for Hobby Lobby might bring in an Arizona-style rule through the back door….The Arizona law and the Hobby Lobby case represent two sides of the same coin. Both assert that the invocation of a religious belief allows a company to opt out of a government requirement that applies to everyone else.

But corporations have never had religious rights, and as affiliate PFAW Foundation senior fellow Jamie Raskin wrote in a recent report, that concept is simply “absurd.”

[I]t is time for the Court to restore some reality to the conversation.  Business corporations do not belong to religions and they do not worship God.  We do not protect anyone’s religious free exercise rights by denying millions of women workers access to contraception.

PFAW

How Money in Politics Undermines Diversity in Elected Office

During a speech to a packed audience at the University of Washington on Monday, Supreme Court Justice Sonia Sotomayor was asked by a student what problems need to be fixed in order to see more women and people of color in government. 

Sotomayor’s answer, as reported by The Seattle Times, was simple: “Money.”

“Money,” Sotomayor said to laughter. “No, seriously. Look at what’s happening in politics. What’s talking the loudest is money.” For more minorities and women to gain more of a foothold in government decisions, “we’re going to have to work the political system at the highest level,” she said.

Justice Sotomayor is right. Today our country is represented by leaders who, as a whole, look little like the electorate they are supposed to represent and serve. Women are a majority of the population, and yet only make up 20% of the Senate and 18% of the House, putting us 83rd in the world for women’s political representation. We have only one openly LGBTQ person and only a handful of people of color in the US Senate – in 2012 there were no African Americans. This picture is not only problematic in itself, but it also has broad implications for policy outcomes.

It’s true that we have also seen some promising developments in political representation in recent years. The 113th Congress is the most diverse in history, with a record number of women and minorities elected, as well as a number of firsts. As the policy director for the Young Elected Officials Network, I am heartened by the changing faces of leadership at all levels of government, and what this means for our country both symbolically and substantively. But, like Justice Sotomayor, I’m also concerned that our country’s money in politics problem is standing in the way of further progress.

Much has been said lately about the impact of money in politics on political representation. At The Atlantic’s Shriver Report summit on women and poverty in January, former Speaker Nancy Pelosi noted,

If you reduce the role of money in politics and increase the level of civility in debate, more women will run for office… We say to women, we want you to go raise 12 million dollars, and by the way, subject yourself to 10 million dollars in negative publicity.

The influence of money in politics not only fuels corruption and the elevation of special and powerful interests, but it exacerbates the imbalance of power as a whole in our country by creating barriers to political representation for communities who are already marginalized. It perpetuates a system where the country is led by people who don’t understand the daily lived and embodied experiences of their constituents.

On Capitol Hill, we see the effects of this imbalance play out each day. From thwarted gun violence prevention efforts to legislation attacking women’s reproductive health voted on by committees and panels made up entirely of men, we continue to have elected leaders who side against the demonstrated wishes of its voters and with the moneyed interests.

We must pursue reforms that transform our electoral processes, even the playing field for all candidates, and restore the power to the people by reducing the outsized influence of big money and protecting the rights of voters. All indications show that we get better results for everyone when there’s diversity in governing bodies.

It’s both common sense, and a matter of basic human rights.

PFAW Foundation

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