Nel's New Day

March 29, 2016

Cracks in LGBT Discrimination, SCOTUS Hearings

Two huge events in LGBT rights occurred in the past week—one for and one against. A week ago, North Carolina’s legislators, traumatized by Charlotte’s anti-discrimination ordinance, went into a special session that cost taxpayers $42,000 in order to prevent any city or county from allowing LGBT people rights—especially using the bathrooms that match their gender identities. The justification for this legislation, deemed the “worst anti-LGBT bill in the country,” was that straight men would have the freedom to go into public restrooms and molest women. Shortly after the successful North Carolina legislation, Georgia’s Gov. Nathan Deal vetoed a bill that would allow any government entity or private business to discriminate against LGBT people by declaring “religious belief.” The bill was similar to the one in Indiana last year that caused such an uproar that GOP Gov. Mike Pence most likely lost his hopes for a presidential candidacy after he signed the bill.

The uproar this time against Georgia and North Carolina came from the GOP darlings, big business. The Supreme Court decisions in Citizens United  and a later case from Montana  cemented the control of corporate control in both elections and political positions. Corporations know that bigotry keeps them from appealing to a broad customer base. The bigger the business, the more they rely on global acceptance, and the businesses that spoke out against the discriminatory bills are some of the biggest ones in the nation, especially in tech, entertainment, and sports industries. These include Google, Facebook, Paypal, Disney, Sony Pictures, CBS, Netflix, NFL, and NBA.

A great deal of discretionary spending comes from millennials who they are far more accepting than older people. Gen X is even more so. According to a recent study, less than 48 percent of U.S. youth ages 13 to 20 describe themselves as “exclusively heterosexual,” and over 70 percent of these young people “strongly agreed” that public spaces should be required to provide gender neutral bathrooms. About 18 states and 200 towns and cities have added specific LGBT non-discrimination protections.

After Indiana’s law was slightly narrowed, the state lost only about $60 million with its “religious freedom” act, but North Carolina are aggressively marketing themselves as good for business. The nine other states joining the “War on Bathroom Use” may look carefully at the differing success rates between two states who have taken opposite stances on human rights. Missouri is facing both a discrimination bill and rejection from many businesses, including Petco, with its passage.

North Carolina’s Gov. Pat McCrory signed the bill in the same 12 hours in which it was introduced and passed in the legislature, but he faces opposition from the state AG Roy Cooper in this fall’s election. Cooper claims that McCrory’s action not only jeopardizes the state’s economy but also allows discrimination against protection of veterans and wages. The new law may revoke a fair housing ordinance in Greensboro and a policy governing municipal contracts in Raleigh.

North Carolina’s law has also frozen the minimum wage everywhere in the state to $7.25. Thus far, New York (both city and state), Washington State, San Francisco, and Portland (OR) have banned state travel by state workers to the state, and 20,000 retail and interior-design companies won’t attend the twice-annual High Point furniture market. The largest economic event in the state, this market generates over 600,000 visitor days to the state with an annual economic impact of $5.38 billion. The Market and the home furnishings industry provide 37,000 jobs in the state. The NFL may pull out the Super Bowl in 2019, an event that brought $800 million to Arizona’s economy last year. ESPN may look elsewhere for its summer X games, and the NBA may change its 2017 All-Star Game from Charlotte.

payton_transgender_ncIf McCrory and his Republicans stick to their guns, they’ll lose a lot more than economic support from big business. States fighting marriage equality lost millions of dollars in lawsuits, and legal action against North Carolina has already started. The ACLU, Lambda Legal, and Equality North Carolina are suing the state, and AG Cooper said he won’t defend the state against the lawsuit. One plaintiff is Payton McGarry (right), a transgender student at the University of North Carolina at Greensboro. This is one of the people who McCrory wants to send into the public women’s bathroom.

ACLU lawyer Tara Borelli, said:

“[In 1996], Colorado enacted a law that said there could be no statewide protection whatsoever for lesbian, gay, bisexual people. The law was so clearly aimed at lesbians and gay people that the Supreme Court didn’t have any trouble striking it down as being clearly motivated by animus against them. This law goes further because it says there are no protections for transgender people. Even more than that, the law specifically requires discrimination against them in all schools and all public agencies.”

By violating Title IX in keeping transgender student out of bathrooms, North Carolina could also lose more than $4.5 billion in federal funding for schools.

McCrory is trying to justify the law with a series of false arguments:

 “We are not taking away any rights.” McCrory overturned the rights that Charlotte provided to its residents along with 11 other cities and five counties. The University of North Carolina system can no longer enforce its LGBT nondiscrimination policy on its 17 campuses.

No business has threatened to leave the state. News articles show how laughable this claim is.

“We have the same rights … that Houston, Texas has [after they overturned the Equal Rights Ordinance.]” North Carolina’s law goes much farther by mandating discrimination in all public arenas. Transgender people aren’t banned from accessing the appropriate restrooms in Houston’s public spaces, and other Texas cities and counties aren’t banned from providing protections.

Discrimination is just “common sense.” McCrory complains about too much “political correctness,” a frequent excuse currently used for conservative bad behavior.

Donald Trump came to House Speaker Paul Ryan’s (R-WI) home town of Janesville today; last night the city approved an ordinance to protect LGBT people from discrimination. The Speaker’s home now has broader protections than provided at the state and federal level. In Janesville, transgender people can use a public restroom based on the gender they identify with, rather than the gender on their birth certificate. Ryan has no comment.

Corporations have created the monster of discrimination that they now decry. The Bank of America’s PAC consistently donated large sums to campaigns for McCrory, state Senate President Pro Tempore Phil Berger, state House Speaker Tim Moore, and the North Carolina GOP. The PAC’s treasurer is Wendy Jamison, BofA senior vice-president for public policy. North Carolina-based Lowe’s “opposes any measure in any state that would encourage or allow discrimination,” but its PAC treasurer, Lowe’s Assistant Treasurer Cindy Reins, donated heavily to the same politicians. Microsoft’s president, Brad Smith, criticized the new state law, but its PAC, run by Managing Director for Government Affairs Edward Ingle, has donated to the same GOP campaigns. The American Airlines PAC gave to Berger and Moore.

 

The best news today! A case about public sector unions got a 4-4 vote in the Supreme Court, meaning that union members must still pay for the benefits that they receive because of the lower court ruling. Unions are required by law to bargain on behalf of all the workers, even if workers don’t join the union. One union benefit is the wage premium of almost 12 percent higher than in non-union shops. In California a wealthy organization trying to break unions found a teacher to challenge this law. A win against the unions would create a class of “takers” who would then starve the union by not paying fees for these benefits. Justice Antonin’s Scalia’s death caused the 4-4 split in the Supreme Court for Friedrichs v. California Teachers Association which kept the mandated fees.

Today’s tie retains a 40-year SCOTUS decision, impacting unions for millions of government workers. The plaintiffs stated that they would ask for another hearing because of the tie, but the justices may be reluctant to provide them with one especially if the number of court justices stays at eight for the next two or three years because of GOP obstructionism.

Today’s judgment may be the shortest ever delivered. It reads: “Per Curium. The judgment is affirmed by an equally divided Court.”

Although Senate Majority Leader Mitch McConnell (R-KY) maintains his refusal to consider any President Obama’s nominee to replace Scalia, 16 Republican senators now say they will meet with Merrick Garland. That’s more than 25 percent of McConnell’s senators who are defecting.

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