Category Archives: Equality

Greg Abbott: LGBT Texans Aren’t Stable Enough For Marriage

Marriage in most families is a momentous occasion, and for those that choose to walk down the aisle, it marks the beginning of a new life for the wedded couple.  Marriages form a backbone of not only family history, but American history as well.  But for LGBT Texans that treasured history is being not only prevented, but destroyed by the state’s Big Government Attorney General.  As revealed this week, Greg Abbott has decided to be a roadblock to equality yet again, filing an appeal to the recent ruling that struck down the state’s marriage ban.  Here’s the information directly from the full text of the Attorney General’s filing

Texas’s marriage laws are rooted in a basic reality of human life: procreation requires a male and a female.  Two people of the same sex cannot, by themselves procreate.  All the Equal Protection Clause requires is that Texas’s marriage be rationally related to a legitimate state interest.  Texas’s marriage laws easily satisfy that standard.  The state’s recognition and encouragement of opposite sex marriages increases the likelihood that naturally procreative couples will produce children, and that they will do so in the context of stable, long-lasting relationships.  By encouraging the formation of opposite sex marriages, the State seeks not only to encourage procreation but also to minimize the societal costs of procreation outside of stable, lasting marriages.

Curious how the Attorney General, and Republican candidate for Governor keeps bringing up this point about stability.  Clearly Abbott doesn’t think that LGBT Texans are “stable enough” to handle meaningful relationships.  Of course, as the Houston Chronicle points out, these are the very same flawed arguments that have been rejected several times in other Appeals courts…

LGBT (lesbian, gay, bisexual and transgender) and pro-gay marriage activists were surprised Abbott led with the “responsible procreation” argument since it has been rejected in the 10th and 4th Circuit Courts.

“It hasn’t succeeded very often because it doesn’t make a whole lot of sense and it doesn’t really comport with what most of us think about marriage,” said Rebecca Robertson, legal and policy director for the American Civil Liberties Union of Texas. “(State law) doesn’t have to be perfect. It just has to be reasonable.”

Any outcome in the 5th Circuit would be a win for the gay marriage movement, said Steve Rudner of Equality Texas.

If the court upholds Judge Garcia’s ruling overturning the ban, it will bolster LGBT activists’ case. If it becomes the first appeals court to toss out such a ruling, creating a circuit court split, it could put the Texas case on a fast-track to the U.S. Supreme Court.

Whether or not this ridiculous appeal is part of some meticulously orchestrated plot to entice the Supreme Court, or if it’s just the Attorney General’s blunt ignorance on display, only time will tell.  But one thing we can be sure of:  Greg Abbott is no friend of the LGBT community, or of any kind of equality for the state of Texas.  He has shown time after time that he doesn’t support women’s rights, property rights, or even the rights to obtain vital information.  This latest infringement on the rights of Texans should not be ignored.  If you care about personal freedom for anyone in any capacity, please do NOT vote for Greg  “Big Government” Abbott this November.

(image credit:  Texas Democratic Party)

Texoblogosphere: Week of July 28th

The Texas Progressive Alliance prioritizes due process over expediency as it brings you this week’s roundup.

Off the Kuff is happy to hear that there will be exit polls in Texas this year.

From WCNews at Eye on Williamson, an interesting reaction to a sexual assault conviction in Williamson County, The Case Of Greg Kelley.

Libby Shaw at Texas Kaos notes that while John Cornyn rails against doing nothing about the Texas/Mexico border crisis, Mr. Cornyn and Ted Cruz have not advanced one name for nomination to the six current federal judicial vacancies in the state. John Cornyn Rails Against Political Malpractices While He Practices the Same.

Texas statewide candidates have been separated at birth from their fraternal twins: Junior Samples and Jim Hogan, Archie Bunker and Sid Miller, Glenn Hegar and Jethro Bodine, Greg Abbott and Dr. Strangelove. PDiddie at Brains and Eggs admits that once you stop laughing, it’s a kind of a scary thought that these guys stand even the slightest chance of getting elected.

CouldBeTrue of South Texas Chisme knows that Republicans blow smoke when they’re not blowing hate. What we really need are solutions to problems for the flood of immigrant children.

Neil at All People Have Value wrote about the need for modern Victory Gardens to combat climate change and all the toxic food we are offered each day. All People Have Value is part of NeilAquino.com.

It’s no surprise to Texas Leftist that Marriage Equality makes economic sense for the Lone Star State. But thanks to a new report from the Williams Institute, we finally have numbers to show just how much business Texas is losing.

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And here are some posts of interest from other Texas blogs.

Lone Star Q examines the impact of LGBT donors on Wendy Davis’ fundraising.

The Bloggess explains what feminism is all about, and why feminists are (in a good way!) like sharks and bees.

Equality Texas calls on AG Greg Abbott to drop the appeal of the ruling that struck down Texas’ ban on same sex marriage.

SciGuy thinks it’s time we consider going back to the moon instead of going to Mars.

Beyond Bones tells us what Jurassic Park got right – and wrong – about dinosaur anatomy.

Todo Texas points out the cost of Austin’s longstanding “gentleman’s agreement” on minority representation on City Council.

Juanita comments on Louie Gohmert’s national prominence.

Lone Star Ma has an easy and inexpensive way for anyone with a little compassion to help the young refugees from Central America.

Texas AG’s Office Turns Away Marriage Equality Petition

For a candidate that touts government transparency as a virtue, Texas Attorney General Greg Abbott’s offices sure don’t practice what they preach.  First, it’s hiding dangerous chemical locations from Texas families, and now as it turns out, you can’t even bring a petition down to the AG’s office.  Here’s the story on that from Ryan Hoppe of Texas Public Radio

Same-sex families and gay-rights groups have filed a petition with Texas Attorney General Greg Abbott’s office, requesting requesting that they stop enforcing Texas’ ban on same-sex marriages.

Lauren Zurbrügg, development manager of Equality Texas, was one of those who showed up to drop off the 5,000-signature petition.

We’re standing here because unfortunately the attorney general’s office has refused to receive hand-delivered mail of any kind, including these signatures, despite that we confirmed with the AG’s office on Friday that we would be able to hand-deliver these signatures,” Zurbrügg said.

The attorney general’s office told the group it only receives mail through common mail carriers like FedEx.

This is not a policy that is listed anywhere on the Attorney General’s website.  Was it created out of thin air just to discriminate against today’s petitioners?  Who in Abbott’s office went back on their word to Equality Texas?  Our distinguished AG needs to find out the answers here, because he can be sure that Texans are going to keep asking.  Whether one agrees with the premise of the petition or not, all state residents deserve the right to petition their government in person, the same way opponents of the Houston Equal Rights Ordinance did just weeks ago.

Perhaps Abbott did this in hopes of avoiding an extensive news cycle?  If that’s the case it didn’t work, and will serve to aid in the cause for marriage equality in Texas.

By Banning Same-Sex Marriage, Texas Losing Out On Big Business

 

Weddings touch all of our lives at one point or another.  If you’re single, you’ve probably attended at least one, or have even been a part of the wedding party.  And if you’re volunteer or staff member in a faith community, then you’ve probably been to more weddings than you can possibly count.  For all of these reasons, it makes perfect sense to assess weddings for their personal impacts on those involved, but also for their economic impacts in society.  Wedding planners, jewelers, photographers, musicians, florists, caterers, event halls and sacred spaces all play key roles in these traditions.  The more weddings that take place, the more money is invested across the local economy.

For all of these reasons, it should be no surprise that the prohibition of same-sex marriage in Texas is actually hindering the state’s economy.  Here are the findings from Equality Texas

The Williams Institute released a report today that marriage for same-sex couples in Texas would add $181.6 million to the state and local economy over a three-year period. The report predicts that 23,000 Texas couples would marry, spending an average of more than $6,000 per wedding. Up to 1,500 jobs would be created in the state.

“Overall these numbers seem, if anything, conservative for the long run,” said Dr. Daniel S. Hamermesh, Professor in Economics, Royal Holloway University of London, and Sue Killam Professor in the Foundation of Economics, University of Texas at Austin. “Further, marriage for same-sex couples allows couples to be better off – creating what economists call a ‘marital surplus’ which provides an even greater economic benefit.”

The Williams Institute utilized state-level data, as well as the 2010 U.S. Census and the American Community Survey, to conservatively estimate the impact of extending marriage to same-sex couples in Texas.

“The Williams Institute report affirms that the freedom to marry is good for business in Texas,” said Chuck Smith, executive director of Equality Texas. “Allowing gay couples to marry here would give an economic boost to caterers, florists, event venues, and others who make a living through wedding planning.

The above just talks about a couple’s wedding day, but the benefits go far beyond that.  Married couples contribute more in overall tax revenue (via better retirement investments, larger goods purchases like houses/cars and saving), and cost less to taxpayers because they rely less on things like government healthcare, dependent housing, home health aides and Social Security. If one believes in being a fiscal conservative then they should also believe in marriage equality.  It just makes sense.

It’s also worth remembering just how close the Lone Star State is to having full marriage equality.  The only reason same-sex marriage isn’t legal in Texas today is because Republican Gubernatorial candidate Greg Abbott filed an emergency stay to stop couples from getting married.  If Democrats were to win the races for Governor, Lieutenant Governor and Attorney General, things in Texas might be very different.  He’s on the ballot this November, so you have a chance to tell him directly what you think of that decision.

(image credit:  GLAAD.org)

EEOC Strengthens Protections for Pregnant Women in the Workforce

Most of the American working population is probably aware that pregnant women are guaranteed the right to work, and hold their jobs when taking a temporary leave of absence for childbirth. But even today, many issues still result in discriminatory practices from employers.  Since the 1978 amendment to the Civil Rights Act, pregnancy discrimination cases have incrementally throughout the United States.

In response to these issues, the United States government has issued new guidelines to protect pregnant women in the workplace.  From Marisa Taylor of Al Jazeera America, here’s the latest news…

For the first time in more than 30 years, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on Monday clarifying the terms of the federal pregnancy discrimination law, emphasizing that employers must offer their pregnant employees reasonable accommodations if they’re temporarily unable to do their jobs.

The commission, which last published guidelines on pregnancy discrimination laws back in 1983, spelled out the ways employers must adhere to the Pregnancy Discrimination Act in the face of continual violations of the law and a public hearing about the issue in 2012.

The Pregnancy Discrimination Act was passed in 1978 as an amendment to the Civil Rights Act of 1964 for companies with at least 15 employees. Under the new guidelines, the law covers discrimination not only for current pregnancies, but for past and future pregnancies, too. Lactation and breastfeeding are considered medical conditions related to pregnancy and are also protected by the law.

Employers also can’t force pregnant workers to take leave if they’re still able to work, and they have to provide the same parental leave policies to men as they do women, though that’s considered separate from the medical leave that comes along with giving birth or recovering from childbirth, the guidelines said.

And finally, the EEOC sought to clarify when employers have to provide accommodations for their workers who have impairments that are related to pregnancy, such as gestational diabetes or preeclampsia.

“Too many courts have read the 1978 law inappropriately narrowly,” said Emily Martin, vice president and general counsel at the National Women’s Law Center (NWLC). The EEOC’s new guidance “talks about all of the key areas where we continue to see pregnancy discrimination,” she said. “I think the real question is now is if courts listen to it.”

The 1978 law forbade employment discrimination against women on the basis of pregnancy or conditions related to it, and called for employers to treat pregnant workers the same as they would an employee with a similar limitation.

But what happened in practice, say experts, is that employers would agree to accommodate a pregnant worker’s temporary disability — say, she was unable to lift heavy objects — by forcing her to take unpaid leave. In other cases, companies have fired women for taking out time to breastfeed on the job, or demoted them because they planned to get pregnant in the future.

In other words, the initial intent of the Pregnancy Discrimination Act “has not really come through for a lot of employers,” according to Peggy Mastroianni, who serves as a legal counsel at the EEOC.

These new guidelines have been announced just weeks after the White House held the first ever Working Families Summit… a conference that convened to examine 21st century family and work issues.   As stated above, the new guidelines also clarify rights for new fathers to take parental leave.  Providing clarity to these workplace practices is sure to be beneficial to families across the United States.

 

 

Why A HERO Referendum Could Be Good for Houston And Texas

After years of planning, a slew of phone calls, repeated trips to City Hall, organizer trainings, exhaustive blog posts and countless closed-door meetings with Council Members, citizens finally found a voice when the Houston Equal Rights Ordinance was passed on May 28th.  The new law instituted an historic new level of protections for all Houstonians, and for many was a cause for celebration.

But today, after being dealt what in their view was an affront to their values, the opposition to HERO struck back, turning in 50,000 petition signatures to City Hall (pending verification by City Secretary Anna Russell).  If at least 17,000 of them are verified as residents of the city, then the Houston Equal Rights Ordinance will be placed on the November ballot, and could even be voted down.  Supporters of HERO will have to work even harder to thwart the litany of lies, and convince voters to keep this critical law on the books.

The referendum is going to be hard work, but it could actually end up being very good, not only for Houston Progressives, but for Progressive causes across Texas.  Here are the reasons why.

For starters, Houston is ready for the referendum.  Long before a non-discrimination bill came before Council, supporting organizations have been preparing for the possibility of a city-wide vote.  The campaign to defend the ordinance is well under way, and has already engaged a broad coalition of organizations and elected officials.  You can learn more about the Equal Rights Committee at the Equal Rights Houston website.

Secondly, as a city-specific referendum, the math is on HERO’s side.  The opposition is asking voters to repeal a law that their elected representatives passed.  In general, that’s tough to do.  But that vote also occurs only in the city of Houston… the same electorate that sent Mayor Parker to office three times in a row.  In every past election, similar argument’s about Parker’s “evil LGBT agenda” have been waged against her, and they have never won.  After seeing Houstonians through a recession, and 4 years of record job growth and prosperity that other cities in the nation only dream of, are Houston voters really going to get enraged enough to vote this down?

As Houstonians like the talented Christopher Busby prove, Equal Rights should NOT be a Democratic or a Republican issue.  Sad though it is, the fight for HERO has become politicized, with most of the opposition’s coalition being Republican (again, not all but most).  Because of this, a referendum will likely serve as a motivator for Democrats to vote in Houston and Harris County.  It could even stand to boost turnout for Democratic candidates.  Again as mentioned in the above, this is specifically the city of Houston, whose electorate has already proven that they vote on the Progressive side.  This assumption could be wrong, but barring some smoking gun to move the issue, it’s not likely.  Giving Houston’s Democrats another big reason to get out the vote is sure to have statewide implications.

Finally, the opposition is built on lies and misconceptions about the law.  The Houston Equal Rights Ordinance isn’t a mystery anymore. It’s a real law, and is available on the city’s website for any and all to read.   Even for the people that are confused, they can go to the link above and actually read the ordinance.  The Mayor said it best in today’s press conference…

“It is illegal today, it will be illegal tomorrow, it will be legal after HERO for a man to go into a woman’s bathroom.”

Like the childhood legend of monsters under the bed, fear dissipates when mom or dad flips the light on.  HERO has been brought to light, and there’s NOTHING scary about it.

There’s still a possibility that the petitions could be invalidated, but for now, it’s time to plan as though the referendum is going on.  HERO needs some heroes again, and I strongly suspect that they are on the way.

 

 

BIG: Utah Gay Marriage Ban Struck Down in Appeals Court

Some very big news today out of Denver, as the state of Utah is dealt another huge blow to its ban on same-sex marriage in an unusually broad ruling.  Here’s the scoop from LGBTQnation

 A federal appeals court ruled Wednesday that states must allow gay couples to marry, finding the Constitution protects same-sex relationships and putting a remarkable legal winning streak across the country one step closer to the U.S. Supreme Court.

The three-judge panel in Denver ruled 2-1 that states cannot deprive people of the fundamental right to marry simply because they want to be wedded to someone of the same sex.

The judges added they don’t want to brand as intolerant those who oppose gay marriage, but they said there is no reasonable objection to the practice.

“It is wholly illogical to believe that state recognition of love and commitment of same-sex couples will alter the most intimate and personal decisions of opposite-sex couples,” the judges wrote, addressing arguments that the ruling could undermine traditional marriage.

The decision by the 10th U.S. Circuit Court of Appeals panel upheld a lower court ruling that struck down Utah’s gay marriage ban. It becomes law in the six states covered by the 10th Circuit: Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming. But the panel immediately put the ruling on hold pending an appeal.

The Utah attorney general’s office will appeal the decision but is still assessing whether it will go directly to the U.S. Supreme Court or ask the entire 10th Circuit to review the ruling, spokeswoman Missy Larsen said.

So why is this ruling by the 10th Circuit Court of Appeals the strongest yet to favor nation-wide marriage equality?  Well for one thing, it affects the court’s entire jurisdiction.  If that temporary hold were to be lifted, same-sex marriages could immediately commence in each state.  The other big thing the 10th Circuit did in their ruling?  They drew battle lines between religious recognition of marriages, and the obligation of states to treat their citizens equally.  Even in the 2013 Supreme Court ruling striking down California’s ban, the Justices still tried desperately to skirt around this particular issue.

The 10th Circuit Court also threw down “the gauntlet”, finally posing marriage and family as a right guaranteed by the 14th Amendment.  If as expected, this ruling is then appealed up to the Supreme Court, they will be forced to make a final decision on which is more important… the rights of the state, or the rights of the individual?

With similar cases heading to other Circuit courts, it will be very interesting to see how long the Supreme Court can hold off on the issue.  Make no mistake, marriage equality is winning, and fast.  This ruling, more than any one’s we’ve seen yet since 2013, is sure to have major national implications.