Indiana Votes to Defund Planned Parenthood

Indiana may become the first state in the nation to defund Planned Parenthood. Following a state Senate vote earlier this month, the House voted Wednesday to cut off about $2 million in federal money that goes to Planned Parenthood, much of which is for Medicaid services. The bill also calls for a ban on all abortions after 20 weeks, which would make Indiana fifth state to do so based on the “fetal pain” argument.

If signed into law by Indiana Governor Mitch Daniels, the state risks losing all $4 million in federal grants for family planning services. According to the Associated Press, Daniels may sign the bill in order to gain the support of ardent social conservatives in his possible bid for presidency. Planned Parenthood officials are urging Daniels to veto the measure and say if he does not, they will go to court to challenge the law.

Lawmakers in Kansas and North Carolina are attempting to pass similar legislation that would take away all funding for Planned Parenthood, and are expected to vote on their proposed budgets in the coming weeks.

In February, U.S. House Republicans, led by Rep. Mike Pence (R-IN), voted for a Continuing Resolution that would prohibit any federal funds from going to Planned Parenthood, even in reimbursement for services rendered. In spite of Republican claims that the Pence amendment would prohibit taxpayer funding of abortions, such spending is already prohibited by federal law.

Planned Parenthood health centers across the country provide contraception and basic health care, including family planning, cancer screenings, and testing and treatment for sexually transmitted infections to approximately 2.5 million women per year, including over one million cervical cancer screenings and 830,000 breast exams.

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Florida House Passes Six New Anti-Abortion Bills

The Florida Legislature passed six abortion-restricting bills on Wednesday after facing 18 bills, many of which are the most extreme anti-abortion legislation in the nation.

One bill passed will require women to both undergo and pay for an ultrasound before having an abortion. They may decline to view the image, but they are still required to hear a description of the ultrasound and pay for the procedure. Victims of sexual abuse can opt out of the requirement but must provide documentation such as a police report, medical record, or restraining order.

Opponents say that the bill will further traumatize women who have been sexually assaulted but have not reported the incident to the police. Rep. Scott Randolph (D-Orlando) voiced this opinion, saying “Now we’re going to mandate that when that woman comes in, unless she’s gone to the police and filed a police report, she’s going to have to undergo a procedure that’s invasive and possibly traumatic for her.”

The House spent much of Wednesday debating over other measures relating to abortion rights. One, HB 97, would prohibit insurance companies and health plans that use public funds from paying for abortion under the new health care reforms. Another, HB 1397, requires abortion clinics to be owned by a physician, which would cause the majority of clinics that offer abortion to close; of 68 clinics in Florida, only one is owned by a doctor. In HB 1247, minors are prohibited from requesting permission from a judge to obtain an abortion without parental consent. The House also passed a measure that expands the ban on third-trimester abortions to include viability of the fetus.

“Every bill attacks women differently,” said Stephanie Kunkel, executive director of Florida Alliance of Planned Parenthood Affiliates. “Ultimately, they will severely restrict women’s access to reproductive health care.”

The Senate began action on two of the six abortion-related measures passed by the House and is scheduled to vote on them today.

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Deception in Athletic Programs’ Gender Equity, NY Times Reports

A New York Times report released earlier this week uncovered the deception of many athletic programs in schools regarding gender equity in sports, distorting the numbers in order to comply with the requirements of Title IX.

Title IX, which bans sex discrimination in any federally financed education program, has largely drawn attention to and been labeled as solution for the unequal treatment of male and female athletes. In 1972, when Title IX was passed, there were fewer than 30,000 women participating in college sports, and today there are over 186,000 women a year – an increase in over 500%.

The report found that some athletic programs are filling their numbers by counting athletes who no longer play on the team, enlisting women as team members who do not participate in the games, or by counting their male players as women. Other programs are manipulating their numbers by trimming the rosters of mens teams, eliminating mens sports rather than increasing womens in order to reach the standards of gender parity.

An example of roster manipulation comes from the University of South Florida, where in the last academic year, 71 women were reported as members of the school’s cross-country team, yet only 43 students ever ran in a competition. According to the report, double- and triple-counting women has allowed nearly 50 Division I universities to hide the fact that they have fewer female athletes.

Quinnipiac University was sued in a class action lawsuit last August for failing to adhere to Title IX regulations, manipulating numbers in the list of male athletes and replacing the women’s volleyball team with competitive cheerleading in order to build the roster of female athletes.

Nancy Hogshead-Makar, an Olympic swimmer and the senior director of advocacy at the Women’s Sports Foundation, told The New York Times “The fraud is disheartening. Intercollegiate athletics are rare educational opportunities, subsidized with our tax dollars, which deliver superior lifelong returns on investment. When an athletic department engineers itself to produce only the appearance of fairness, they flout the law and cheat women.”

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Boston Nuns Sue Archbishop Over Pension Dispute

A group of nuns based in Boston are suing their archbishop after years of trying to withdraw from the Archdiocese pension plan to start their own, which they claim would provide a better standard of living in retirement. The nuns say they have also not been given their own portion of the fund, despite several applications. The group, Daughters of St. Paul, is taking an unprecedented step in bringing a lawsuit against a cardinal.

The nuns are seeking a ruling from the Massachusetts Supreme Judicial Court that would order the Boston archbishop and other pension plan trustees to release them from the pension plan and to provide them with a full accounting of the nuns’ portion of the fund. The Daughters claim they are owed $1.37 million.

The Daughters of St. Paul is an international order, with about 60 members living in Boston. Part of their mission includes running a multimedia publishing house, Pauline Books and Media, which publishes Catholic books and other materials.

American nuns have played a role in women’s rights since the 1970s, with the Leadership Conference of Women Religious, which represents 90% of U.S. nuns, calling for the ordination of women.

Sophia Deboick writes in the Guardian, “There is something alarming about the treatment of these women – the Daughters have been driven to recourse to the law simply to get their voices heard. Is it that nuns are still seen by some as servants of the church who should be seen and not heard?”

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New Sexual Assault Policy on Campus Introduced in Senate

U.S. Senator Bob Casey (D-Pa.) introduced legislation last week that would address the rising incidences of sexual assault and violence on college campuses. The Campus Sexual Violence Elimination Act, or SaVE Act, would amend the Higher Education Act of 1965 and expand the 1990 Jeanne Clery Act to “improve education and prevention related to campus sexual violence, domestic violence, dating violence, and stalking.”

Co-sponsored by Senator Patty Murray (D-Wash.), the SaVE Act (S. 835) would expand the framework of sexual assault education and victims’ rights to include domestic violence, dating violence, and stalking, and addresses the issue of how to define consent in sexual relationships. Schools would be required under the act to include sexual violence statistics in their annual crime reports. Colleges and universities would also be required to explain how to obtain protective orders and other victims’ rights whenever a student reports being a victim of sexual violence.

Senator Casey, who also introduced a resolution last week that would recognize April as Sexual Assault Awareness month, said “Sexual violence is a tragic and harsh reality on college campuses throughout the country,” said Senator Casey.

According to the U.S. Department of Justice, approximately 20-25% of female students will experience some form of sexual assault during college. In the vast majority of sexual assaults, 85-90%, the perpetrator and victim know each other. It is estimated that less than 5% of rapes or attempted rapes of female students in college are reported to campus authorities or law enforcement.

The SaVE Act seeks to address these alarming statistics by implementing policies to prevent and respond to sexual violence through education, programming, and awareness about sexual assault and other intimate partner violence in collaboration with the U.S. Departments of Justice and Education. If passed by Congress and signed by the President this year, SaVE would go into effect in 2012.

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Florida Congressman Smears Liberal Women

Congressman Allen West (R-FL) addressed a conservative women’s group, Women Impacting Nation, last week and accused Planned Parenthood, Code Pink, and other liberal women’s groups of “neutering American men,” causing “weakness,” implicating them in the growth of the United States debt.

Specifically, West said, “We need you to come in and lock shields, and strengthen up the men who are going to the fight for you. To let these other women know on the other side – these planned Parenthood women, the Code Pink women, and all of these women that have been neutering American men and bringing us to the point of this incredible weakness – to let them know that we are not going to have our men become subservient. That’s what we need you to do. Because if you don’t, then the debt will continue to grow…deficits will continue to grow?.” (watch video)

“Allen West has it all wrong. We don’t want dominance, we want equality,” said Feminist Majority Foundation President Eleanor Smeal.

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TN “Don’t Say Gay” Bill Advances

The so-called “Don’t Say Gay” bill that would forbid educators in Tennessee from mentioning homosexuality to students, advanced out of the state Senate’s Education Committee on a 6 to 3 party line vote last Wednesday and will move to the Senate floor.

The bill (see PDF) states that “no public elementary or middle school shall provide any instruction or material that discusses sexual orientation other than heterosexuality.” An amendment to the bill (see PDF) allows for the adoption of this clause only after a review by the state board of education of “the current curriculum standards for the teaching of sex education or for the teaching of other subjects in which the discussion of human sexuality may occur incidental to the subject.” State Senator Stacey Campfield, Chief Sponsor of the bill, has been pushing similar legislation for 6 years, originally in the state House.

In Tennessee, it is already illegal to teach sex education that is outside of the State Board of ducation’s “family life curriculum,” which excludes any reference to homosexuality.

Ben Byers, spokesman for the Tennessee Equality Project, told On Top Magazine that the measure “limits what teachers and students are able to discuss in the classroom…It means they can’t talk about gay issues or sexuality even with students who may be gay or have [a] gay family.”

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Bill Proposed to Ban All Abortions in Louisiana

Representative John LaBruzzo of Louisiana (R-Metairie) has filed legislation that would ban all abortions in the state. The bill would subject both a woman who has an abortion and her doctor to charges of feticide. Penalties range from 5 to 15 years in prison.

LaBruzzo claims the bill is designed to take on Roe v Wade, the U.S. Supreme Court ruling that legalized abortion. He said he does not think the proposal is controversial. “When it comes to abortion and guns, even the Democrats are on the same page with the Republicans,” he said. In 2008, LaBruzzo proposed paying poor women $1000 each to have their Fallopian tubes tied. He also suggested providing tax incentives to higher-income couples to have more children.

Julie Mickelberry, a spokeswoman for Planned Parenthood of the Gulf Coast said, “It is time for elected officials to stop playing politics; we don’t need laws that threaten women’s health.”

House Bill 587 is scheduled to be addressed during the regular session which begins today. It is assigned to the House Committee on Health and Welfare.

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Transgender Hate Crime Draws Attention to MD Legislation

A transgender woman was beaten by two women in a Maryland McDonalds after using the restaurant’s women’s bathroom. Chrissy Polis said that no employees intervened when the women began pulling her by the hair, throwing her to the floor, and kicking her repeatedly. The incident was recorded on tape, and police have arrested the young women. Transgender activists have scheduled a rally tonight outside of the McDonalds where the incident occurred to show support for the victim.

“This is precisely the kind of hatred and bigotry that transgender women and men deal with on a daily basis,” said Caroline Temmerand of the GLBT Community Center of Central Maryland.

A 2011 national report on transgender Americans found that 53% of respondents “reported being verbally harassed or disrespected in a place of public accommodation,” with 3% of respondents reporting physical assault in a retail store and 2% reporting assault in a hotel or restaurant.

Earlier this month, the Maryland state Senate killed a bill, called the Gender Identity Anti-Discrimination Act, which would have outlawed discrimination against trans people in housing, employment, and public accommodation.

There are currently 11 states with hate crime laws which protect people victimized on the basis of gender identity or expression. In 2009, President Obama signed the Matthew Shepard Hate Crimes Prevention Act in the FY2010 Defense Authorization Bill, which was the first federal law to recognize and provide civil rights protections for transgender people.

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Iowa Governor Declares April “Abortion Recovery Month”

Iowa Republican Governor Terry Branstad declared the month of April “Abortion Recovery Month” yesterday to “promote abortion recovery programs and awareness of post-abortion stress syndrome.” Minnesota and Texas governors have made similar proclamations in their states in the last year.

Branstad was joined at the signing ceremony by representatives from anti-choice organizations and crisis pregnancy centers (CPC). CPCs often post as comprehensive health centers, while coercing and intimidating women out of considering abortion as an option, and preventing women from receiving neutral and comprehensive medical advice.

The concept of post-abortion “recovery” is controversial, as the term is often used by anti-choice organizations but has not been accepted or recognized by the American Psychiatric Association or the American Psychological Association (APA). The APA released a report in 2008 which found that there is no evidence that abortion causes any mental distress in women.

Gail B. Williams, an associate professor of nursing at the University of Texas notes that women’s real-life responses to abortion are “complex, and are associated with a mixture of feelings.” Dana Dovitch, a psychotherapist and author of The Healing Choice, says, “Women are hypersensitive to the sociopolitical climate and how it affects their feelings. This is the only medical procedure you can’t talk about.” She has noticed that emotional issues, especially feelings of guilt, begin to rise along with anti-choice efforts to restrict abortion.

The Iowa House recently passed a bill banning all abortion procedures after 20 weeks. The bill is currently awaiting action in the Senate.

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Slaughter Introduces Domestic Violence Bill

Congresswoman Louise Slaughter (D-NY) has introduced the Violence Against Women Health Initiative Act as part of her effort to reauthorize the Violence Against Women Act (VAWA), which she co-authored in 1994. The bill is designed to strengthen the ability of health care providers to recognize victims of domestic violence and prevent them from being victimized in the future.

“Domestic and sexual violence is all too common in the United States. Nearly one in four women report experiencing violence in their life which is a tragedy,” said Slaughter, “The health care system is uniquely positioned to take a leading role in fighting and responding to intimate partner violence.”

The bill would focus on training doctors and nurses in spotting signs of domestic violence and in providing counsel to victims in an effort to prevent future assaults. Slaughter’s office estimates that measures to prevent situations of domestic violence by intervening earlier would save the health care system upwards of $8.3 billion per year.

It is estimated that every nine seconds, a woman is abused in the United States and nearly one-third of women in the United States report being physically or sexually abused by a husband or boyfriend some time in their lives.

The Violence Against Women Act (VAWA) is due to expire at the end of this year. Since its passage, the rate of intimate partner violence had dropped by 53 percent. The Republican proposal for the fiscal year 2011 would dramatically cut funding to VAWA by an estimated $170 million.

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Wichita Judge fails to issue Preliminary Injunction against Anti-Abortion Activist

U.S. District Judge J. Thomas Marten refused to grant an order sought by the Department of Justice against an anti-abortion activist for sending a threatening letter to Dr. Mila Means, the Kansas doctor who plans to offer abortion services in Wichita. Dr. Means has been the target of anti-abortion protests and harassment since she began training to provide abortion services in December.

“We are dismayed by the Judge’s decision,” said Katherine Spillar, executive vice president of the Feminist Majority Foundation. “However, anti-abortion extremists have been put on notice: every threat against abortion providers will be investigated and challenged,” Spillar continued. “Rigorous prosecution of extremists who are advocating and using violence is the only way to stop this domestic terrorism.”

The Justice Department had accused Angel Dillard of violating the Freedom of Access to Clinic Entrances Act (FACE), a law protecting abortion clinics, and asked that Dillard be prohibited from contacting Means or coming within 250 feet of her home and her office. Dr. Means testified in court that she felt threatened by the letter, and had undertaken numerous security measures in response. Although Judge Marten said that Dillard clearly intended to intimidate Dr. Means, he did not believe the letter constituted a “true threat” prohibited under FACE.

Dillard has been associated with anti-abortion groups in Kansas. In an interview with the Associated Press in July 2009, Dillard revealed she had corresponded with Scott Roeder, then in a Wichita jail awaiting trial for the murder of Dr. Tiller. Dillard told AP “With one move, (Roeder) was able…to accomplish what we had not been able to do…So he followed his convictions and I admire that.”

In her letter to Dr. Means, Dillard wrote among other things: “You will be checking under your car everyday – because maybe today is the day someone places an explosive under it.” Later in the letter, Dillard added: “We will not let this abomination continue without doing everything we can to stop it.” Abortion services have not been available to women in Wichita since Dr. George Tiller’s murder in May 2009. The Feminist Majority Foundation, which conducts the oldest and largest national clinic defense project in the nation, had worked with Dr. Tiller and is assisting Dr. Means and other besieged clinics in some 14 states.

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Oklahoma Governor Signs 20 Week Abortion Ban into Law

Oklahoma Governor Mary Fallin signed two bills into law Wednesday that will further restrict abortion in the state.

One bill, called the “Pain-Capable Unborn Child Protection Act,” bans late-term abortions, making it a felony crime for doctors to perform abortions after 20 weeks of pregnancy. Oklahoma is now the fourth state to restrict abortions after 20 weeks; Nebraska, Idaho, and Kansas have signed similar measures in the past year. Nearly a dozen other states are considering similar bills.

Jordan Goldberg, an attorney with the Center for Reproductive Rights, said the measure is unconstitutional. “It puts the Legislature between a woman and her doctor at a time when women really need all the information and need to be able to make medical decisions that are right for them and their families,” she said.

The second bill prohibits standard health insurance policies offered under the new federal health care law from offering coverage for elective abortions. Under the bill, those wanting coverage would have to buy supplemental coverage with a separate premium.

The new laws make Oklahoma one of the most restrictive states in the nation on abortion.

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One Year Anniversary of BP Oil Spill Marks Need for Change

Today marks the one year anniversary of the greatest environmental disaster in United States history, an explosion of the BP-owned Deepwater Horizon that killed 11 crew members and over 4,5000 animals, and spilled nearly 5 million gallons of oil into the Gulf of Mexico.

On this day, people continue to remember the disastrous effects of the spill on the environment, the people, and the local economy by continuing to speak out about restoring the damage. National and regional leaders are urging Congress to hold BP accountable by pushing legislation that would require money paid by BP under the Clean Water Act to go toward Gulf restoration and aid. Under current law, fines paid by the BP for the spill go to the Federal Treasury rather than being used to help restore the ongoing affects that the spill has had on the region.

Advocates are also calling for change within the oil industry in order to prevent similar disasters from happening in the future. The White House commission that investigated the disaster has been lobbying Congress to commit more funds to oversee the oil industry. The commission’s final report on the disaster suggests that the oil industry, Congress, and the Obama administration must start to impose stronger environmental and safety regulations. These include raising the liability cap on offshore oil spills, making America’s safety regulations for deepwater drilling tougher, requiring companies to demonstrate that they have the capacities to deal with risky wells, and giving more time to government regulators to approve oil drilling licenses.

Although the industry has made some improvements since the spill, critics say they have not been enough, that deepwater drilling has not become safer and there is much left to be done.

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Polls Show Growing Support for Same-Sex Marriage

A new poll released yesterday by CNN shows support for same-sex marriage in the U.S. has strengthened, with the majority of Americans believing that gay and lesbian couples should be allowed to legally marry and obtain the same rights as heterosexual couples. The results indicate that a small majority of a little over 51 percent of Americans now support same-sex marriage, while 47 percent of Americans oppose it. This is the first time a CNN poll has found a majority of Americans in support of same-sex marriage.

While support for this issue is growing, the CNN poll reflected a persistent gender gap, with over 57 percent of women supporting the legalization of same-sex marriage while over half of men oppose it. Earlier this year another poll conducted by the Washington Post and ABC News also found a majority of Americans in support of same-sex marriage, with 53 percent of respondents saying it should be legal. This is compared to a 2006 poll that showed just 32 percent of Americans supported legalizing same-sex marriage.

In February, Attorney General Eric Holder announced the Obama administration would no longer defend the Defense of Marriage Act (DOMA) in court on the grounds that it considers the law violates the Equal Protection Clause of the Constitution.

Currently, same sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, DC. Six states, California, Nevada, New Jersey, Oregon, Washington, and Hawaii allow same-sex couples to form civil unions or domestic partnerships, which carry some, but not all of the benefits and privileges of marriage. Currently, a bill that will establish civil unions in Delaware is awaiting the expected signature of the state’s governor. Civil union legislation is also currently pending in Colorado.

The CNN/Opinion Research poll was conducted among 824 adults by telephone from April 9-10. It has an overall sampling error of plus or minus 3.5 percentage points.

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Georgia Session Ends Without Anti-Abortion Legislation

Last Thursday marked the end of the annual forty-day legislative session of the Georgia General Assembly. The status of reproductive rights and abortion access in the state reflected the controversial and heated debates going on across the nation, though the assembly ended without passing the restrictions on abortion that other states have faced.

Georgia introduced one bill relating to abortion that was patterned after Nebraska’s “Fetal Pain” bill, limiting abortion after 20 weeks. It was not passed out of committee, angering anti-abortion advocates in the state who had hoped that with a Republican pro-life majority, abortion restrictions would be passed this session.

The House approved a bill that would ban any potential funding for abortions through the health exchanges that are a part of federal health reform law. Both the Senate and House versions of the Affordable Health Choices Act include a Health Insurance Exchange with a public health insurance option. An Insurance Exchange will include both private insurance companies’ plans as well as the public option for individuals and small employers “to find and purchase quality and affordable health insurance in every state.” These health exchanges are being challenged by Georgia and other states.

Although the state has mostly come out in favor of women’s reproductive choices, especially when compared to states like Florida, Kansas, South Dakota, and Nebraska , it has passed other harmful legislation, such as the recent anti-immigration bill, HB 87.

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Wichita Doctor Targeted By Anti-Abortion Activist

The Justice Department filed a civil complaint last week against an anti-abortion activist for sending a threatening letter to Dr. Mila Means, the Kansas doctor who plans to offer abortion services at her Wichita practice. Dr. Means has been the target of anti-abortion protests and harassment since she began training to provide abortion services in December.

The letter, written by Angel Dillard, 44, claimed that thousands of people were looking into her background. “They will know your habits and routines. They know where you shop, who your friends are, what you drive, where you live.” Dillard is accused of violating the Freedom of Access to Clinic Entrances Act (FACE), a law protecting abortion clinics. If enforced, FACE would prohibit Dillard from contacting Means or coming within 250 feet of her home and the clinic.

Abortion services have not been available to women in Wichita since Dr. George Tiller’s murder in May 2009. The Feminist Majority Foundation, which conducts the oldest and largest national clinic defense project in the nation, had worked with Dr. Tiller and is helping besieged clinics in some 14 states. Harassment of abortion providers has increased since the election of a pro-choice President and Dr. Tiller’s assassination.

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GA Legislature Passes Anti-Immigration Bill

Late last week, the Georgia state legislature passed a bill similar to Arizona’s controversial immigration law that expands the authority of police to check the immigration status of suspects and require employers to check the status of potential employees. A spokesman for Republican Georgia Governor Nathan Deal said Friday that Deal intends to sign the bill into law and that he believes “it reinforces the law in Georgia,” reported CNN. Both the Georgia House and Senate approved the bill in the final hours of the legislative session.

The bill, HB 87, requires “private employers to use an employment eligibility verification system and provide for civil penalties” if employers fail to follow certain rules. The bill also requires contractors to “register with” and be “authorized to use” the federal work authorization program, among other employment provisions.

Regarding law enforcement, the bill allows “law enforcement officers and agencies” expanded priviledges “to utilize all resources made available by the federal government to assist state and local law enforcement officers in the enforcement of the immigration laws” and stipulates “immunity from damages or liability from such actions.” Police would be allowed to check the immigration status of any suspect of any crime.

According to the Los Angeles Times, a 2009 estimate indicates that there are approximately 480,000 undocumented immigrants in Georgia, which is roughly 20,000 more than Arizona.

Last week, the US Court of Appeals for the 9th Circuit upheld a District court ruling that blocks portions of Arizona’s immigration law (SB 1070) from going into effect. The three judge panel ruled that District Judge Susan Bolton “did not abuse” her power in her decision to block portions of the law, including a requirement that police check the immigration status of criminal suspects that they had stopped while enforcing other laws and a provision that would make it a crime not to carry immigration papers. The Circuit court did not rule on the constitutionality of the Arizona law. Arizona Governor Jan Brewer (R) continues to defend the immigration law and stated that she is considering whether to take the case to the US Supreme Court.

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DOMA Hearing Held in US House

The US House of Representatives Judiciary subcommittee on the Constitution held a hearing Friday called “Defending Marriage” on the Defense of Marriage Act. The hearing was held in reaction to the Obama administration’s February announcement that they will no longer defend the Defense of Marriage Act (DOMA) in court on the grounds that it considers the law violates the Equal Protection Clause of the Constitution. The Bipartisan Legal Advisory Group, convened by Republican House Speaker John Boehner (OH) voted 3-2 in March to authorize the House to defend the Defense of Marriage Act (DOMA) in court.

Democratic Congressman Jerrold Nadler (NY-8), ranking member on the subcommittee and chief sponsor of the Respect for Marriage Act, which would repeal DOMA, testified against the law at the hearing. In part, he said, “Far from demeaning, trivializing, or destroying the institution of marriage, lesbian and gay couples have embraced this time-honored tradition and the commitment and serious legal duties of marriage. The exclusion of any married couples from programs like Social Security defies logic…The fact that DOMA carves out an entire class of married citizens based on sexual orientation also violates constitutional equal protection guarantees.”

Maggie Gallagher, Chair of the National Organization for Marriage, testified, “This is the rationale for the national definition of marriage proposed by Congress in passing DOMA: civil society has an interest in maintaining and protecting the institution of heterosexual marriage because it has a deep and abiding interest in encouraging responsible procreation and child-rearing,” She continued, “…If we accept, as DOMA explicitly does, that this is a core public purpose of marriage, then treating same-sex unions as marriage makes little sense.”

DOMA, which was enacted in 1996, defines marriage as between one man and one woman and denies federal recognition of same-sex marriages, as well as the legal benefits attached to marriage, including Social Security survivors’ benefits, family and medical leave, and immigration rights.

In July 2009, Massachusetts became the first state to challenge the constitutionality of DOMA in a lawsuit filed by state Attorney General Martha Coakley. A second suit, Gill v. Office of Personnel Management, was filed in July 2009 on behalf of seven gay and lesbian married couples and three widowers by the Gay and Lesbian Advocates and Defenders. In that case, Federal Judge Joseph Tauro agreed that DOMA violated the Equal Protection Clause of the Constitution.

Currently, same sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington, DC. Six states, California, Nevada, New Jersey, Oregon, Washington, and Hawaii allow same-sex couples to form civil unions or domestic partnerships, which carry some, but not all of the benefits and privileges of marriage. Currently, a bill that will establish civil unions in Delaware is awaiting the expected signature of the state’s governor. Civil union legislation is also currently pending in Colorado.

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Civil Union Bill Approved by DE General Assembly

Yesterday, the Delaware House voted 26 to 15 to pass a bill that would allow same-sex couples to enter into civil unions and attain some of the same benefits enjoyed by married couples, such as the right to visit a partner in the hospital and the right to make decisions about the partner’s medical care. The bill would not, however, allow same sex couples to obtain marriage licenses. The Delaware Senate passed the bill last week, and the governor is expected to sign the civil union bill into law.

Lisa Goodman, president of Equality Delaware, stated “We are tremendously proud that the Delaware House has passed civil union legislation. The fact that the Delaware General Assembly passed civil union legislation on the first attempt is a great testament to how far public opinion has come ion equality issues.”

Currently, Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and Washington DC allow marriage of same-sex couples. Six states, California, Nevada, New Jersey, Oregon, Washington, and Hawaii allow same-sex couples to form civil unions or domestic partnerships, which carry some of the legal benefits of marriage.

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