Law

The Fight for LGBT Equality is Not Over

Indiana's 'religious freedom' law is just one of dozens of state-level bills that could allow LGBT discrimination. 

(AP Photo/Doug McSchooler)
(AP Photo/Doug McSchooler) Opponents of Indiana Senate Bill 101, the Religious Freedom Restoration Act, march to Lucas Oil Stadium in Indianapolis on Saturday, April 4, 2015 to push for a state law that specifically bars discrimination based on sexual orientation or gender identity. S ometimes you hate to be proven right. In an article in The American Prospect ’s recent winter issue, I wrote that while marriage equality enjoyed some significant victories in 2014, Republicans would likely use their electoral successes that November to push back hard. Under the guise of “religious liberty,” Republican lawmakers at the state level were poised to legalize and protect discrimination against LGBT people in countless ways. And how. Indiana’s Religious Freedom Restoration Act (RFRA) may have grabbed the most attention, but it’s just scratching the surface. Republican lawmakers had, as of April 6, introduced more than 100 pieces of anti-LGBT legislation in 29 states, according to Human Rights...

Today's GOP: The Party of Jefferson Davis -- Not Lincoln

(Photo: Mathew Brady [Public domain], via Wikimedia Commons)
(Photo: Mathew Brady [Public domain], via Wikimedia Commons) Jefferson Davis, president of the Confederacy, as captured by photographer Mathew Brady in 1861. This essay originally appeared in The Washington Post . O ne hundred and fifty years ago Thursday, after Union infantry effectively encircled the Army of Northern Virginia, Robert E. Lee sent a note to Ulysses S. Grant proposing a meeting to discuss terms of surrender. With that, the Civil War began to end. And at some point in the future, it may yet. The emancipation of the slaves that accompanied the North’s victory ushered in, as Abraham Lincoln had hoped, a new birth of freedom, but the old order also managed to adapt itself to the new circumstances. The subjugation of and violence against African Americans continued apace, particularly after U.S. Army troops withdrew from the South at the end of Reconstruction. Black voting was suppressed. The Southern labor system retained, in altered form, its most distinctive...

Raising Wages From the Bottom Up

(Photo courtesy of USW Local 675)
(Screenshot of video from International Brotherhood of Teamsters) A picket line of truckers in Long Beach, California, in 2014. This article appears in the Spring 2015 issue of The American Prospect magazine. Subscribe here . I n 1999, while he was working at a local immigrant service center in Los Angeles, Victor Narro began encountering a particularly aggrieved group of workers. They were the men who worked at carwashes, and their complaint was that they were paid solely in tips—the carwashes themselves paid them nothing at all. At first, the workers came by in a trickle, but soon enough, in a flood. Narro, whose soft voice and shy manner belie a keen strategic sensibility, consulted with legal services attorneys and discovered that while every now and then a carwash was penalized for cheating its workers, such instances were few and far between. “There were no regulations overseeing the industry,” Narro says. The state’s labor department conducted no sweeps of the carwashes to...

Miscarriage of Justice: Asian-American Women Targeted -- and All Women Threatened -- by Feticide Laws Like Indiana's

Purvi Patel's pregnancy ended with a medical emergency—and a 20-year prison sentence. 

(AP Photo/South Bend Tribune, Robert Franklin)
(AP Photo/South Bend Tribune, Robert Franklin) Purvi Patel is taken into custody after being sentenced to 20 years in prison for feticide and neglect of a dependent on Monday, March 30, 2015, at the St. Joseph County Courthouse in South Bend, Indiana. Yet she may simply have had a miscarriage. L ike many women, Purvi Patel, a 33-year-old woman living in South Bend, Indiana, had an unplanned pregnancy. But unlike most women’s experiences, her unplanned pregnancy and subsequent stillbirth led to a criminal conviction. Today, she was sentenced to 30 years in prison. Patel, an unmarried Indian-American woman living with her parents in South Bend Indiana, kept her pregnancy a secret for months, while working a low-wage job to support her parents and grandparents, who suffer from costly health conditions. Last summer, Patel believed she had suffered a miscarriage. She went to an emergency room seeking assistance for heavy vaginal bleeding. Just a few hours after she underwent medical...

Legions of Women Workers in U.S. Still Lack Minimum Wage and Labor Protections

The legacy of slavery and prescribed gender roles continues to rob millions of their fair share.

(AP Photo/Bebeto Matthews)
AP Photo/Houston Chronicle, Billy Smith II In this Dec. 2014 photo, Eileen Merize, left, helps 93-year-old U.S. Air Force veteran Harold Utsler look through some of his paper work at her home in Katy, Texas near Houston. The Houston Chronicle reports Utsler is one of three veterans who live in Merize's home through the Medical Foster Program, which helps disabled elderly veterans live with "foster families" rather than in large nursing homes. I t’s Women’s History Month—what a nice idea to recognize that women actually make history and aren’t just along to make dinner for the history-makers! In 1980, President Jimmy Carter declared seven days in March to be National Women's History Week, and President Ronald Reagan followed suit. In 1987, Congress expanded the commemoration on the calendar, giving women a whole month. We have come so far. Putting sarcasm aside, it is true that the 20th century included concrete advances for women in America. Starting with the New Deal, women workers...

Selma March Commemorated By Politicians Who Support Gutting of Voting Rights

The 50th anniversary of Bloody Sunday—the catalyst for passage of the Voting Rights Act—is being remembered at a moment when voting rights in the South are at their most precarious in half a century.

(AP Photo/file)
(AP Photo/File) In this March 7, 1965, file photo, state troopers use clubs against participants of a civil rights voting march in Selma, Alabama. At foreground right, John Lewis, chairman of the Student Nonviolent Coordinating Committee, is beaten by a state trooper. The day, which became known as "Bloody Sunday," is widely credited for galvanizing the nation's leaders and ultimately yielded passage of the Voting Rights Act of 1965. This article was originally published by Facing South , the website published by the Institute for Southern Studies. T his weekend, tens of thousands of people—including nearly one-fifth of the U.S. Congress and President Obama — are descending on Alabama to commemorate the 50th anniversary of the famous Selma to Montgomery march. The irony is rich: The 1965 Selma march — and the violent "Bloody Sunday" caused by the reaction of Alabama troopers, which horrified the nation — is credited with speeding passage of the Voting Rights Act , one of the crowning...

How to Sabotage Iran Negotiations in the Name of Avoiding War

Israel and AIPAC are using Congress to push their own agenda of increasing sanctions on Iran and reducing presidential authority.

(AP Photo/Cliff Owen)
(AP Photo/Cliff Owen) Stage hands prepare the stage for the 2015 American Israel Public Affairs Committee (AIPAC) Policy Conference in Washington, D.C., Monday, March 2, 2015. A s multilateral talks over Iran’s nuclear program continue with the U.S. leading the negotiations, Congress seems to be doing its best to complicate things. And both Israel and the American Israel Public Affairs Committee (AIPAC) are doing their part to help. Earlier this week, as 16,000 people convened in Washington, D.C., to attend AIPAC’s annual conference, the powerful pro-Israel lobby made it clear that the organization would push not only for increased sanctions on Iran—through the passage of the Nuclear Weapon Free Iran Act —but also for the ability to make it more difficult to lift sanctions later, via a new bill, the Iran Nuclear Agreement Review Act . This latest bill, introduced on Friday by Republican Senator Bob Corker and Democratic Senator Robert Menendez, would give Congress a 60-day period to...

The Perils of Privatization

When a public function is privatized, the result is a muddled middle ground.

(AP Photo/Gerry Broome)
This article appears as part of a special report, "What the Free Market Can't Do," in the Winter 2015 issue of The American Prospect magazine. Subscribe here . O ne November morning in 2004, three U.S. military men boarded a small turboprop plane at Bagram Air Base near Kabul for a two-and-a-half-hour flight to Farah, a base in western Afghanistan. They were Lieutenant Colonel Michael McMahon, Chief Warrant Officer Travis Grogan, and Specialist Harley Miller, the only passengers on Flight 61. The flight was operated by an affiliate of Blackwater, the private military company under U.S. contract for air transport of mail, supplies, and troops. Forty minutes after takeoff, flying far north of the customary route from Bagram to Farah, the plane crashed into the side of a mountain. McMahon, Grogan, the pilot, co-pilot, and the mechanic apparently died instantly. At the time, McMahon was the highest-ranking U.S. soldier to die in the war. Miller, though he suffered internal injuries, may...

Will the Recovery Finally Translate into Better Wages?

(iStockPhoto/© JLGutierrez)
whitehouse.gov Federal Reserve Chairman Janet Yellen and President Barack Obama. This article originally appeared at The Huffington Post . T he good news about the economy's improved job creation dominated the weekend's headlines. Many commentators concluded that the economy is finally shaking off the effects of the financial collapse of 2008 and the long period of stagnation that followed. The creation of 257,000 new jobs in January is surely good news, as is the long-awaited increase in wages, reported at half of one percent in that month. Even so, the one-year increase in wages has been only 2.2 percent, barely more than 1 percent when adjusted for inflation, and it's been a long time since most workers have seen substantial raises. In this recovery, the economy has been creating more low-wage jobs than high-wage ones. The shift from standard payroll jobs to temp and contract work continues. The uptick in the measured unemployment rate, from 5.6 percent to 5.7 percent, suggests...

To Check Power of Greedy Bosses, Workers Need to Bargain in New Ways

When workers' power is diminished and people’s voices are shut out of the workplace, job quality and job standards suffer.

(AP Photo/Seth Perlman)
(AP Photo/Seth Perlman) Tanya Melin of Chicago, right, Service Employees International Union members, home care consumers, workers, and allies rally in support of home care funding at the Illinois State Capitol Tuesday, Feb. 28, 2012 in Springfield, Illinois. W ork looks a lot different today than it did 100, 50, or even 10 years ago: It’s faster, it’s automated, and it’s complex. We used to pin these shifts on globalization; now we’re tying everything to the rise of an on-demand sharing economy. And while it may seem like progress in terms of how quickly and cheaply we can get things, we can’t forget that it’s happening at the expense of regular people and their ability to work full time and earn a decent living. That’s because, for far too long, greedy CEOs have held all of the power, giving those of us doing the work very little room to make our voices heard. Corporate interests have been on a decades-long bender to depress wages, benefits and job standards, trapping you and me and...

Rand Paul's Attack on Jeb Bush's Pot 'Hypocrisy' Heralds a Signal Issue for 2016 Campaign

With pot legalization measures appearing on 2016 ballots in some six states, presidential candidates will have to answer a tricky question.

(Photo By Bill Clark/CQ Roll Call) (CQ Roll Call via AP Images)
(Photo By Bill Clark/CQ Roll Call) (CQ Roll Call via AP Images) Senator Rand Paul, Republican of Kentucky, speaks with reporters as he arrives for the Senate Republicans' policy lunch in the Capitol on Tuesday, December 16, 2014. T he Republican presidential nominating contest has barely begun, and already we're talking about marijuana. This is yet another issue most Republicans would just as soon not discuss, since public opinion is moving away from them and they haven't quite figured out how fast they should follow after it. But at the moment, Jeb Bush can thank Barack Obama for paving the way for him to dismiss his own youthful pot smoking as no big deal—at least nothing that should make anyone want to vote against him. The new information about young Jeb's experimentation with cannabis comes from this article by the Boston Globe 's Michael Kranish on Jeb's years at the Phillips Andover Academy. While, as a general matter, no adult human should be judged on what they did in their...

Labor at a Crossroads: How Unions Can Thrive in the 21st Century

First, stop the self-flagellation: The labor movement lives, and is getting stronger.

(AP Photo/Long Beach Press-Telegram, Stephen Carr)
This article was commissioned as part of " American Labor at a Crossroads: New Thinking, New Organizing, New Strategies ," a conference presented on January 15, co-sponsored by the Albert Shanker Institute, The Sidney Hillman Foundation, and The American Prospect . (View agenda here .) Find our "Labor at a Crossroads" series here . (AP Photo/Long Beach Press-Telegram, Stephen Carr) Local 63 ILWU members form a picket line in the Port of Long Beach, California, on Friday July 9, 2010. Striking clerical workers at the nation's busiest port complex expanded their walkout to a fifth terminal Friday, temporarily shutting down loading and unloading operations when dockworkers at the facility refused to cross the picket line. L abor advocates and scholars often feel like we won’t be taken seriously unless we say how awful things are. The more dire our analysis, the more listeners will nod and say it must be right, with labor insiders so self-critical. But our critical thinking shouldn’t...

McMorris-Rodgers and Anti-Choice Marchers All For 'Life' Until It's Born

She's all for the fetus, until it's born and needs health insurance. Or anything.

(AP Photo/Harry Hamburg)
E very January 22, anti-choice activists travel to Washington, D.C., to participate in the March for Life. It’s their way of marking the anniversary of Roe v. Wade , the U.S. Supreme Court decision that made abortion legal in all 50 states. The signs carried by the marchers always declare their love of babies and their desire to protect families. Their end goal, however, is to eliminate abortion nationwide; the organizers have also recently taken on the false and scientifically incorrect idea that oral contraceptives are actually abortifacients. Science be damned, the march is usually attended by hundreds of thousands of people from all over the country—including a congressional delegation. This year, U.S. Representative Cathy McMorris-Rodgers, a Republican from Washington State, together with Representatives Dan Lipinski, Democrat of Illinois; and Chris Smith, the New Jersey Republican, will be represent Congress at the march. U.S. Senator Tim Scott, Republican of South Carolina,...

Gertner Responds to Brodsky on University Rules for Campus Sexual Assault Justice

The author took issue in the Prospect with Harvard's new guidelines for disciplinary proceedings in campus rape cases. Alexandra Brodsky offered an opposing view on our website. 

(Photo/Omer Kabir via Flickr)
On January 21, we published Alexandra Brodsky's article, Fair Process, Not Criminal Process, Is the Right Way to Address Campus Sexual Assault , which included criticism of the point of view taken by Nancy Gertner in her longform essay, Sex, Lies and Justice , which appears in the Winter 2015 issue of The American Prospect magazine. Herewith, Gertner's response to Brodsky. I applaud Alexandra Brodsky’s very thoughtful piece, although her account of my perspective is skewed. I did not suggest that campus investigations of accusations of sexual assault “look like trials,” that they be the functional equivalent of a criminal trial model. And I surely agree that procedural protections run along a sliding scale: The more serious the stakes, the harder we make it to prove a case. My point was that with the Harvard proposals [for procedures adjudicating sexual assault on campus], those “protections” slid all the way to the proverbial star chamber—an administrative proceeding, within a single...

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