Author: Feminist Majority Foundation Blog

In an interview with California Lawyer, Supreme Court Justice Antonin Scalia stated that the Equal Protection Clause of the 14th Amendment does not prohibit discrimination against women and gays on the basis of gender or sexual orientation. He told the legal magazine, “Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that.”

Eleanor Smeal, President of the Feminist Majority Foundation, clarified, “Justice Scalia’s opinion on women not having Constitutional protection is tragic but not surprising. Scalia’s theory of original intent is devastating to equal rights and ultimately must not prevail. His concept of majority rule is equally devastating to civil rights and minority rights.”

Scalia was a strong opponent of the Supreme Court’s 2003 ruling in Lawrence v. Texas, which overturned laws prohibiting sodomy. At the time, he compared these laws to regulations against incest and bestiality. Scalia was also the sole Supreme Court Justice to vote in favor of the Virginia Military Institution barring women from attending and is firmly opposed to Roe v. Wade.

Several key provisions of the Affordable Care Act that took effect January 1st will benefit individuals over 65, most of whom are women. Medicare recipients no longer have to share costs for preventive care including mammograms, cancer screenings, annual physicals and immunizations. Other provisions will begin to close the so-called “doughnut hole,” or gap between the initial coverage limit and the threshold for receiving catastrophic coverage.

Benefits implemented in 2010 included the elimination of co-pays and deductibles for preventive care in all new private health care plans and the elimination of exclusions for pre-existing conditions for all children. Moreover, in 2010, young people were permitted to remain on their parents’ health insurance policies until age 26 unless they have other coverage.

Future benefits will include elimination of exclusions for pre-existing conditions in all private health plans, which will take effect in 2014.

President Obama signed the final version of the Affordable Care Act in March. The final law will eventually add coverage for 32 million people, increasing access to family planning and preventive care.

On January 1, Dilma Rousseff was sworn into office and became Brazil’s first woman president. She took the oath of office alongside Vice President Michel Temer. In her inaugural address, Rousseff paid tribute to Brazil’s highly popular former president Luiz Inacio Lula da Silva and described her plans to improve education and public healthcare and reduce homelessness in Brazil.

Following her historic win, Rousseff spoke passionately about her goals to eliminate poverty and promote gender equality, “I hope the fathers and mothers of little girls will look at them and say yes, women can.”

Rousseff of the Worker’s Party defeated Jose Serra of the Social Democratic Party by a wide margin. Although she has never held elective office before, Rousseff, an economist, was strongly backed by da Silva. She formerly served as da Silva’s Chief of Staff and a member of his cabinet as Energy Minister.

During the 1970s, Rousseff was jailed and tortured for her membership in the left-wing guerrilla group called National Liberation Command, which opposed the military dictatorship ruling Brazil.

The Domestic Minor Sex Trafficking Deterrence and Victims Support Act, sponsored by Representative Carolyn Maloney (D-NY), passed the House on Tuesday night. The bill would have established shelters in six regions of the country and provide treatment and services to victims and new resources to law enforcement to prosecute sex traffickers. Mary Ellison, Director of Public Policy at Polaris Project, clarified, “This passage is a sign that America is starting to realize that children in prostitution are victims of a horrific crime called human trafficking and are in need of services and support.” Unfortunately, an amendment was attached to the bill that killed it because it differed from the Senate bill and time ran out for the lame duck session. Meanwhile, there is a dramatic shortage of space and beds in shelters to help the approximately 100,000 underage girls who are victims of sex trafficking each year.

Last Friday, Representative Carolyn Maloney (D-NY), Chair of the Congressional Joint Economic Committee (JEC) released Invest in Women, Invest in America: A Comprehensive Review of Women in the US Economy, a study on women’s key role in the US economy and the outmoded framework for social support that places an increased burden on women struggling to manage work and family demands. The study revealed that more than 50 percent of workers believed they lacked flexible work arrangements, which would enable them to balance work and family. As of January 2011, the US will be the only nation that is a member Organization for Economic Co-Operation and Development (OECD) without paid parental leave. Under the Family and Medical Leave Act in the US, mothers are only permitted 12 weeks of unpaid leave. Furthermore, thirty-seven percent of women who work in organizations with 15 or more employees are not allowed paid sick leave. Without national paid sick leave policy to care for themselves or their ill children, many women must report to work sick and or send their children to school. As a result of the lack of a paid sick policy, the economy suffers due to the decreased productivity of workers, or “presenteeism.” Many working women also struggle to afford child care, which is approximately 49 percent of the yearly income of a two-parent family living at the poverty level ($18,310 per year).

This morning, President Obama fulfilled his campaign pledge to end Don’t Ask Don’t Tell (DADT) by signing the stand-alone bill to repeal the policy. On Saturday, the Senate voted 63 to 33 to end the Republican filibuster on the DADT legislation and 65 to 31 to repeal the bill. For the past 17 years, the policy has prohibited the military from inquiring about a service member’s sexual orientation and calls for the discharge of anyone who acknowledges being lesbian or gay. Before a large, applauding crowd, President Obama declared, “It is time to recognize that sacrifice, valor and integrity are no more defined by sexual orientation than they are by race or gender, religion or creed. It is time to allow gay and lesbian Americans to serve their country openly.” He recognized and thanked for their major roles in this struggle Speaker Pelosi, Majority Leader Reid, Representative Patrick Murphy, chief House sponsor, and Representative Susan Davis, outgoing Chair of the House Subcommittee on Military Personnel, and other Congressional leaders, as well as Admiral Mullen. Eleanor Smeal, President of the Feminist Majority Foundation, stated, “I was proud to be at the signing and feel the joy in the auditorium as a major milestone on the road to equality was reached. As Vice President Biden said, ‘it took a very long time coming.’ And I add, too long… and there are many more milestones to achieve. But the movement is growing and strong, and I have no doubt full equality for all people will be realized.” Last week, the measure to repeal Don’t Ask Don’t Tell (DADT), introduced by Majority Leader Steny Hoyer (D-MD) and Representative Patrick Murphy (D-PA), passed in the House by a vote of 250 to 175. The National Defense Authorization Act (NDAA), which contained an amendment to repeal DADT, passed in the House in May but failed to receive the necessary 60 votes in the Senate to overcome the Republican filibuster. Both US Secretary of Defense Gates and Joint Chiefs of Staff Chairman Admiral Mullen urged Congress to repeal DADT and endorsed the Pentagon study on DADT released at the beginning of this month. The report included a comprehensive survey of military service personnel and their spouses on their views of gays and lesbians openly serving in the military and found that the repeal of DADT would pose low risk to military effectiveness. Seventy percent of those surveyed stated they thought repeal would have a positive, mixed, or no effect.

Last week, Representative Carolyn Maloney (D-NY), Chair of the Congressional Joint Economic Committee (JEC) released Invest in Women, Invest in America: A Comprehensive Review of Women in the US Economy, a study on women’s key role in the US economy, including women’s spending power. Women, according to the JEC report, control 73 percent of spending within their households, which is equivalent to approximately $4 trillion in yearly discretionary spending. Furthermore, women are more likely than men to control daily expenditures in more than half of middle and upper-class households. Women’s income is crucial to their families and growing in importance. In 2008, 38.1 percent of working women earned equal to or more than their husbands, which represents an increase from 1967, when only 18.7 percent of women earned salaries greater than or equal to their husbands. In families in which both spouses work, the woman’s salary accounts for 36 percent of the household income, an increase from 26.6 percent in 1970. Single women now represent 51 percent of all women (2005 Census data), and women served as the sole breadwinner in one third of families in 2009. Single women are more financially vulnerable and have a significantly lower median net worth, $32,850, compared to all households, $93,001. Representative Maloney clarified, “The bottom line is that our economy is harmed when women’s skills are not fully utilized. As we dig out from the worst recession in decades, now more than ever, we need to tap women’s talent, know-how, and purchasing power to usher in a new era of growth and prosperity.” Congresswoman Jan Schakowsky (D-IL), Congresswoman Gwen Moore (D-WI), and Eleanor Smeal, President of the Feminist Majority, joined Maloney in releasing the report at the Capitol last Friday.

The US Census released the 2010 population counts today, finding a 9.7 percent increase since 2000. As a result of population shifts, 10 states lost seats in the House of Representatives: Illinois, Iowa, Louisiana, Massachusetts, Michigan, Missouri, New Jersey, New York, Ohio, and Pennsylvania. By contrast, Arizona, Florida, Georgia, Nevada, Carolina, Texas Utah, and Washington gained seats. Texas had the greatest gain of four seats. This is the first time in several decades that California has not gained seats. Media pundits have concluded that Republicans will gain an advantage since the gains occurred in Sunbelt states, which are reliably “red” states. However, Rob Richie, Executive Director of FairVote, clarified that the media is incorrect in its assessment of the partisan impact of the population increase on the House of Representatives. Although on the surface there appears to be an increase in Republican representation, this is not necessarily the case, depending where in the state the seat was gained. Richie pointed out, “the reality is that population shifts not only impact numbers of House seats: they can impact the partisan leanings of states. All it takes is population changes causing one state to shift toward Democrats to undo all the huffing and puffing about electoral vote gains and losses.”

The Centers for Disease Control and Prevention’s National Center for Health Statistics released a report today that found that the birth rate for teenagers in 2009 fell six percent. This is the lowest teenage pregnancy rate recorded since 1940.

The Annual Report on Sexual Harassment and Violence at the United States Military Service Academies, issued by the Department of Defense late last week, revealed a 64 percent increase in sexual harassment and assaults at West Point, the Naval Academy, and the Air Force Academy in the past year. Department of Defense officials stated in a press release that the increase might be due, in part, to an increased rate of reporting, although the report reveals that only 20 percent of men and women in the armed forces who experienced unwanted sexual contact filed a report. The Air Force Academy had an increase from eight incidents in 2008-2009 to 20 in 2009-10, a 150 percent increase. The Naval academy had an increase of three assaults this year, and West Point, an increase of one. According to the survey, 56 percent of women and 12 percent of men reported sexual harassment last year. Dr. Kaye Whitley, Director of the Department of Defense’s Sexual Assault Prevention Program, announced that a military-wide hotline will be established for victims that will enable them to seek expert advice and services. In March 2009, the Department of Defense released a report that showed an 8 percent increase in the number of sexual assaults involving service members. Sixty-three percent of the 2,908 reported sexual assaults were rape or aggravated assault, but only eight percent of those investigated for sexual assault were referred to courts martial.

On Saturday, the Senate voted 63 to 33 to end the debate on the stand-alone Don’t Ask Don’t Tell legislation and 65 to 31 to repeal the bill. For the past 17 years, the policy has prohibited the military from inquiring about a service member’s sexual orientation and calls for the discharge of anyone who acknowledges being lesbian or gay. In order to repeal DADT, President Obama must sign the bill and Secretary of Defense Robert Gates must determine that repeal is consistent with military readiness, effectiveness, and unit cohesiveness. In addition, the bill will not take effect until after a required 60 day period. Joe Solmonese, President of the Human Rights Campaign, stated triumphantly, “Today, America lived up to its highest ideals of freedom and equality. Today, our federal government recognized that ALL men and women have the right to openly serve the country they believe in. That it doesn’t matter who you are, or who you love – you are not a second-class citizen.” Last week, the measure to repeal Don’t Ask Don’t Tell (DADT), introduced by Majority Leader Steny Hoyer (D-MD) and Representative Patrick Murphy (D-PA), passed in the House by a vote of 250 to 175. The National Defense Authorization Act (NDAA), which contained an amendment to repeal DADT, passed in the House in May but failed to receive the necessary 60 votes in the Senate to overcome the Republican filibuster. Both US Secretary of Defense Gates and Joint Chiefs of Staff Chairman Admiral Mullen have urged Congress to repeal DADT and endorsed the Pentagon study on DADT released at the beginning of this month. The report included a comprehensive survey of military service personnel and their spouses on their views of gays and lesbians openly serving in the military and found that the repeal of DADT would pose low risk to military effectiveness. Seventy percent of those surveyed stated they thought repeal would have a positive, mixed, or no effect.

Last week, Representative Carolyn Maloney (D-NY), Chair of the Congressional Joint Economic Committee (JEC) released Invest in Women, Invest in America: A Comprehensive Review of Women in the US Economy, a new wage gap report and study on women’s key role in the US economy. The study revealed the economic importance of women-owned businesses, which have added approximately 500,000 jobs between 1997 and 2007, a period when “the rest of privately-held firms” were cutting jobs. Furthermore, the number of businesses owned by women increased by 44 percent, twice as fast as the growth rate of male-owned businesses. Perhaps the growth is spurred on by Fortune 500 companies. Women are 46.4 percent of the employees of Fortune 500 companies but are only 2.4 percent of CEOs and 7.6 percent of executive officers. Representative Carolyn Maloney (D-NY), clarified, “The report can serve as a roadmap for policymakers who want to chart a new pro-growth course for the economy – one that recognizes the changing demographics of our workforce. I also hope that it will be a resource for elected leaders across the country who are working to assess different economic proposals and trying to understand how women’s role as generators of economic growth is affected by different policies.” The study also revealed women make up half of the workforce (49.8 percent) and the persistent gender pay gap that increases with age impacting older women (over 50 years) more than younger women. Congresswoman Jan Schakowsky (D-IL), Congresswoman Gwen Moore (D-WI), and Eleanor Smeal, President of the Feminist Majority, joined Maloney in releasing the report at the Capitol last Friday.

Yesterday, the Senate confirmed four of President Obama’s district court nominations, two of whom were women, in a unanimous vote. Catherine Eagles will serve in North Carolina, Kimberly Mueller in California, John Gibney in Virginia, and James Bredar in Maryland. Thirty-four of the President’s nominees still await confirmation. The four judges are the first of President Obama’s judicial nominees to be confirmed since mid September. Chairman of the Senate Judiciary Committee Patrick Leahy (D-Vt) clarified, “The across the board stalling of judicial nominations continues, with many noncontroversial nominations being delayed and obstructed for no good reason. The vast majority of the President’s judicial nominees are consensus nominees and should be confirmed by large bipartisan majorities.” President Obama’s judicial nominations have been stalled more than those of Presidents Bill Clinton and George W. Bush. The Senate has taken approximately three times longer to confirm Obama’s district court nominations compared to the first Congress of the Bush administration. Prior to the confirmation of the four district court judges, only 42 percent of President Obama’s nominations had been confirmed. By contrast, President Clinton had a confirmation rate of 84 percent and President George W. Bush, 87 percent.

The Congressional Joint Economic Committee (JEC) released today a new wage gap report and study on women’s key role in the US economy. In a press conference today, Congresswoman Carolyn Maloney (D-NY), Co-Chair of the JEC released the report that contains a “gold mine” of information concerning women’s economic status. Congresswoman Jan Schakowsky (D-IL), Congresswoman Gwen Moore (D-WI), and Eleanor Smeal, President of the Feminist Majority, joined Maloney in releasing the report at the Capitol today. The wage gap for women persists at 77 cents for every dollar a man makes, and this study reveals that senior women experience the largest wage gap. On the average, a woman loses approximately $430,000 due to the wage gap over the course of her career. For full-time women workers over 50 years old, the gap is 75 cents to a man’s dollar; while it is 80 cents for all women ages 16 and over. The new wage gap was also broken down on a state-by-state basis and revealed larger gaps in some states. For example, the largest wage gap for women over 50 years old was in Kentucky, where women earn just 62.8 cents on the dollar or a 37 percent gap, followed closely by Massachusetts where women over 50 make 64.1 cents per dollar of their male counterparts. The top ten wage gap states for women over 50 are: Kentucky, Massachusetts, Louisiana, Alabama, Mississippi, Missouri, Kansas, New Hampshire, Wisconsin, and Illinois.

The European Court of Human Rights ruled yesterday that Ireland’s constitutional ban on abortions violates a woman’s right to adequate medical care in life-threatening situations. Nevertheless, the court maintained Ireland’s right to prohibit abortions in other circumstances. In 1992, the Irish Supreme Court ruled that abortion was legal in cases when the woman’s life was endangered. Ireland’s Parliament, however, never enacted legislation to protect that right. The Court’s ruling will apply pressure to Ireland to draft a law that entitles women to obtain abortions when their life is at risk. Niall Behan, chief Executive of the Irish Family Planning Association (IFPA), stated, “Today’s decision is a landmark one for Ireland and, in particular, for women and girls. The very considered and clear view of the European Court of Human rights leaves no option available to the Irish State other than to legislate for abortion services in cases where a woman’s life is at risk.”

Yesterday, the stand-alone measure to repeal Don’t Ask Don’t Tell (DADT), introduced by Majority Leader Steny Hoyer (D-MD) and Representative Patrick Murphy (D-PA), passed in the House by a vote of 250 to 175. The bill now awaits a vote in Senate, although Republicans continue their stalling tactics Joe Solmonese, the President of the Human Rights Campaign, stated, “the US House of Representatives said, for the second time, what military leaders, the majority of our troops and 80 percent of the American public have been saying all along – the only thing that matters on the battlefield is the ability to do the job.” The National Defense Authorization Act (NDAA), which contained an amendment to repeal DADT, passed in the House in May but failed to receive the necessary 60 votes in the Senate to overcome the Republican filibuster last week. Both US Secretary of Defense Gates and Joint Chiefs of Staff Chairman Admiral Mullen have urged Congress to repeal DADT and endorsed the Pentagon study on DADT released at the beginning of this month. The report included a comprehensive survey of military service personnel and their spouses on their views of gays and lesbians openly serving in the military and found that the repeal of DADT would pose low risk to military effectiveness. Seventy percent of those surveyed stated they thought repeal would have a positive, mixed, or no effect. DADT was instituted by former President Bill Clinton in 1993 and prohibits the military from inquiring about a service member’s sexual orientation, and also calls for the discharge of anyone who acknowledges being lesbian or gay.

Yesterday, the Senate Foreign Relations Committee passed the International Violence Against Women Act (IVAWA). Even though the content of IVAWA does not deal with abortion, this widely supported bill had been held up by anti-abortion politics. Finally, the bill emerged from committee with no anti-abortion amendment. However, to pass the bill out of committee, the committee essentially stripped funding and kept funding to existing resources. IVAWA provides for the development of a comprehensive strategy to reduce violence against women and girls internationally including an emergency response to critical or widespread incidents of violence in situations of armed conflict. The Act also directs both the Defense Department to incorporate prevention of and response to violence against women and girls into trainings of foreign military, police, and judicial officers. Senator Kerry stated, “This historic vote sends a powerful message to the world that the United States [Senate] stands against violence against women and girls, anywhere and everywhere it occurs. This bill tells women and girls that they are valued, respected members of society who do not have to suffer in silence.” The bill will probably not pass either the House or Senate in the lame duck session, which is running out of time and will have to be re-introduced in the new 112th Congress beginning January 5, 2011.

In Alaska, a new law requiring that doctors notify a parent of women age 17 and under who are seeking abortions went into effect yesterday after Superior Court Judge John Suddock refused Planned Parenthood of the Great Northwest’s (PPGNW) request to block it. The new law permits a judicial bypass, which has been shown difficult for young girls without the means to navigate it. The law does not, however, require parental consent. If a parent does not consent to the abortion, there is a 48 hour waiting period before the procedure can be performed. The judge did remove the provisions in the law that imposed a prison sentence of up to five years and fines of $1,000 on doctors who broke the law. Exemptions to the law will be made if an underage woman testifies to abuse before a judge or receives a notarized statement from her doctor attesting to abuse at home. Clover Simon, Vice President of PPGNW-Alaska, stated, “This law is dangerous and puts teens at risk. Parents want to be involved in their teen’s lives but good family communication can’t be mandated.” In addition to Alaska, thirty-four states require parental notification or consent for women under the age of 18 who are seeking abortions.

Yesterday Virginia federal judge Henry Hudson ruled in a case filed in March by Virginia Attorney General Ken Cuccinelli that the Minimum Essential Coverage Provision of the Patient Protection and Affordable Care Act (ACA) is unconstitutional. The provision requires that all US citizens obtain health insurance coverage beginning in 2014. The provision has previously been challenged and found constitutional by another court in Virginia and one in Michigan. Judge Hudson’s ruling is the first to find the provision unconstitutional. Attorney General Eric Holder and Secretary of Health and Human Services Kathleen Sebelius stated in their joint op-ed, “Every insured family pays an average of $1,000 more a year in premiums to cover the care of those who have no insurance…Striking down the individual responsibility provision means slamming the door on millions of Americans, who’ve been locked out of our health insurance markets, and shifting more costs onto families who’ve acted responsibly.” Under the ACA, certain preventive procedures, such as mammograms, colonoscopies, pap smears, tobacco cessation services, and obesity prevention services, no longer require a co-payment or other direct costs. President Obama signed the final version of the Affordable Care Act in March. The final law will eventually add coverage for 32 million people, increasing access to family planning and preventive care.