Civil Rights

Commentary: The Gay Agenda

gay-marriage-badgeIt seems a number of people, in arguing against marriage equality, believe there is a broader agenda at work here.  Leaving aside the untenable logic of the claim that you might oppose a reasonable reform because you fear the next reform will be less than reasonable, I think marriage equality has taken on a symbolic importance in the broader movement toward civil rights for all.

While I believe marriage equality is an important step, as it begins to equalize critical institutions, and gives same-sex partnerships the same legal status of protection that others enjoy, at the same time I believe it might not even be the most important of changes still to be achieved.

Yamada Sponsors Legislation Making It Easier to Seal Juvenile Court Records

assemblymember-mariko-yamadaThe Assembly Public Safety Committee passed Assembly Bill (AB) 1006 on Tuesday on a 6-0 bipartisan vote.  Authored by Assemblymember Mariko Yamada, the legislation is designed to enable former juvenile offenders to move into adulthood without the burden of juvenile records.

“Youth who have completed their court adjudicated ‘debts-to-society’ should have an opportunity to start over with a clean slate,” Assemblymember Yamada said. “Many former juvenile offenders are unaware that their records are unsealed until they are refused a job, credit or housing.”

Commentary: The Gay Marriage Tidal Wave

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Supporters of Prop 8’s ban on same sex marriage want to have it both ways.  On the one hand they will point to the expression of popular will in the Prop 8 vote, but at the same time they wish to ignore the sea change of public opinion, not just in California but nationwide, on this subject.

Last week, Nate Silver analyzed eight national polls on the same-sex marriage question and found, “The consensus of these polls is that support for same-sex marriage now exceeds opposition to it; on average, the polls have 51 percent saying they approve same-sex marriage, and 43 percent saying they are opposed.”

Commentary: Is the Court Set to Strike Down DOMA and Prop. 8?

gay-marriage-badgeI was in Washington, DC, when DOMA was being passed in September of 1996, overwhelmingly by Congress, and immediately President Bill Clinton fought to move the right to outflank conservatives and win re-election.  Only 67 Representatives in the House and 14 in the Senate would vote against it.

A few weeks later I would move to Davis for the first time.  That is nearing 17 years ago, although it does not feel that long.  And yet the world has shifted remarkably on the issue of same-sex marriage.

Same-Sex Marriage Arguments Go to the Supreme Court

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Mayor Krovoza Signs onto Mayoral Opposition to Prop 8 – It has been more than four years since California passed Proposition 8, which banned same-sex marriage.  In August 2010, a federal district court invalidated Proposition 8 on the grounds that it violated the equal protection guarantee of the Fourteenth Amendment of the United States Constitution, by taking away the right of same-sex couples to marry without a sufficient governmental interest.

U.S. Federal Court Judge Vaughn R. Walker, in a 136-page ruling, said “Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.”

National View: Bradley Manning and The Whistleblower Dilemma

top-secretWithout whistleblowers, it is hard to imagine a democracy with full governmental accountability to the people could survive.  Printed in the New York Times last week by Floyd Abrams and Yochai Benkler comes a chilling analysis of the Bradley Manning case.

Mr. Abrams was the attorney who represented the New York Times in the Pentagon Papers case.  In that case, Daniel Ellsberg leaked classified documents to the newspaper that were ultimately published, after the government took the case to the Supreme Court in an effort to impose prior restraint.

California Senate Approves Legislation to Urge Federal Plan to Reduce Gun Violence

gunsOn Thursday the legislature passed a slew of bills that would reduce gun violence.  The State Senate voted 24-10 today to approve a measure by Senator Lois Wolk, D-Davis, urging Congress and President Barack Obama to enact a comprehensive gun violence prevention policy that includes prohibiting the sale of military-style assault weapons and high-capacity magazines, and strengthening criminal background check requirements.

“SJR 1 doesn’t change California law. Rather, it aims to bring federal law in line with California law, which already prohibits the possession of assault weapons and large-capacity magazines, requires background checks, and a 10-day waiting or ‘cooling- off’ period for the purchase and transfer of firearms,” said Senator Wolk, Senate Joint Resolution 1’s lead author.

AG Harris Files Brief Supporting Marriage Equality to US Supreme Court

SupremeCourtNot only has Attorney General Kamala Harris declined to defend Proposition 8 in the courts, but on Wednesday she filed a “friend-of-the-court” or amicus brief in the US Supreme Court, “arguing that Proposition 8 is unconstitutional and the initiative’s sponsors do not have the right to claim to represent the interests of California by defending the law in federal court.”

“Equal protection under the law is a bedrock of our Constitution and fulfills our nation’s binding principle that all people are created equal and should live free of discrimination,” said Attorney General Harris in a release. “I look forward to the day when all Californians are granted their full civil rights and can marry the person they love.”

Senator Wolk Urges Congress, President to Enact Comprehensive Gun Violence Prevention Policy

WolkheadshotSenator Lois Wolk, who represents Davis and parts of Yolo County in the state senate, and 20 other members of the state senate, on Friday introduced Senate Joint Resolution 1 urging Congress and President Barack Obama to enact a comprehensive gun violence prevention policy that includes prohibiting the sale of military-style assault weapons and high-capacity magazines, and strengthening criminal background check requirements.

“We know that unregulated access to these and other dangerous weapons result in horrific tragedies, including the most recent mass shootings, but also the daily carnage on the streets and in homes all over America. We have a duty to do whatever we can within our constitutional boundaries to strengthen laws to reduce access to these inappropriate weapons, as well as preventing other firearms from getting into the hands of felons and other dangerous individuals,” said Senator Wolk, the resolution’s lead author.

Concerns about Unintended Consequences of President’s School Shooting Plan

School-Metal-DetectorsWhile much of the focus this week has been on the President’s plan regarding gun control and the NRA’s ad that some believe inappropriately puts the President’s daughters into the fray, concern has been expressed among civil liberties proponents about the unintended consequences of putting more police into schools.

“Many of the presidential actions announced today are thoughtful, and the ACLU is assessing all of the proposals that have been put forth. We have several concerns about the administration incentivizing police departments and school districts to put more police officers in schools,” said Laura W. Murphy, director of the ACLU’s Washington Legislative Office said in a statement on Wednesday.

Whole Foods CEO’s Comparison of Obamacare to Fascism Offends Customer Base

wholefoodsmarketTalk about being tone deaf to one’s clientele, it is one thing for Chick-fil-A, based in the deep south, to offend the sensibilities of supporters of same-sex marriage, it is another thing entirely for the Whole Foods founder and C.E.O. to make comments that would offend their liberal client base.

But that is exactly what John Mackey did when he told NPR that he would like to change his previously controversial statement that Obamacare is a form of socialism.

Decriminalizing Homelessness in California

ammiano19By Dan Aiello

State Assemblyman Tom Ammiano (D-San Francisco) is following through on his promise to reform California’s prisons with the introduction of a homeless rights bill intended to decriminalize homelessness in the Golden State, protecting “some of society’s most vulnerable members.”

Make no mistake, Assembly Bill 5 is as much prison reform, as it is civil rights, legislation.

My View: Why the NRA Shot Itself in the Foot Yesterday

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I often believe that scientific allegories give us an insight into our culture that we may lack, because ideas presented in a more straightforward way can run into opposition.  For the past week I have gone to a particular episode in the TV Series, Buffy the Vampire Slayer.

In a make-believe world of vampires and demons, the tolksfolk in the fictitious California town of Sunnydale were often immune and indifferent to killings.  But a day when two young children were found dead, the town awoke to its problems and rose up in arms in a modern day witchhunt for the culprit – now, it turned out a demon had fabricated the situation to inflame the passions, but the main point is that the demon understood that the vehicle of child victims was a powerful tool that could awake even the most entrenched indifference.

National View: Hold Your Children Tight Tonight

school-shootingAs a father, I found myself, as I watched and listened to the reports, holding back tears, thankful that I knew my children were safe and sound.  Realizing how precarious life really is.

National tragedies like these have a natural course.  There is the shock.  There is the dizzying array of reports, most of them conflicting as rumors and innuendo begin to substitute for substantiated facts.  You always hope for the best, but yesterday we learned that if it was not the worst-case scenario coming true, it was its close cousin.

Poll Finds Science Doubters Increasingly Believe World is Warming

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A new Associated Press-GfK Poll released today finds that almost four of every five Americans now believe that temperatures are on the rise and global warming will become a serious problem if nothing is done about it. The GfK Group is Germany’s largest market research institute.

The most interesting finding is within one subgroup – those people who do not trust scientists on the environmental front.

SCOTUS Agrees to Hear Challenges to DOMA and Prop. 8

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The Supreme Court of the United States on Friday did what many expected them not to do – agree to hear challenges to DOMA and Prop. 8.

The challenge to Proposition 8 has been followed closely here. Judge Stephen Reinhardt, of the Ninth Circuit Court of Appeals, offered a very limited ruling that really only applied to California.

Supreme Court and the Future of Same-Sex Marriage

SupremeCourtThe news on the same-sex marriage front was a big no new announcement, with the Court declining to take action at this time.  That leaves two huge issues open – the Defense of Marriage Act (DOMA) and California’s Proposition 8.

The delay may be temporary, with the court perhaps as early as tomorrow granting review to the awaiting cases, or the Court could actually be choosing to duck the issue.

New Study Suggests It May Already Be Too Late to Slow Global Warming

heatwaveCalifornia has begun, through the long-delayed AB 32 signed in 2006 by then-Governor Arnold Schwarzenegger, to implement a carbon cap-and-trade system that would reduce the state’s greenhouse gas emissions to 1990 levels by 2020.

That represents a modest but not insignificant 17 percent cut from where the state’s emission would be without the legislative action. That was the same goal that the Obama administration tried to set nationally in 2009 and 2010, prior to opposition by Republicans in Congress.

Walmart Workers to Strike on Black Friday

Walmart-ViolenceIt is a day hyped as the biggest shopping day of the year, but Walmart workers are threatening to use that hype to their maximum leverage, as they plan to walk out from a job at American’s largest private-sector employer, whose workers make on average $8.81 per hour with one third of their employees working less than 28 hours per week – thus not qualifying for benefits.

Officials for the United Food and Commercial Workers have said this week that they expect thousands of workers to participate in the protest planned this week. The employees will ask the country’s largest employer to end what they call retaliation against speaking out for better pay, fair schedules and affordable health care.

Governor Brown Speaks Out, Telling Feds to Stay Out of Marijuana Laws by States

marijuana2For years since California passed its medical marijuana law, the federal government, often to the bewilderment of many who wonder about the prioritization of resources, has battled the state on the issue of medical marijuana dispensaries, often conducting raids and arresting providers of marijuana to cancer and other terminal patients.

On Tuesday, Colorado and Washington went a step further by making marijuana legal for all purposes.