Daily Feminist News: This Week

HHS Proposes Regulations to Eliminate HIV Travel Ban

7/2/2009 - The US Department of Health and Human Services has released proposed regulations that would repeal a ban preventing HIV-positive foreigners from entering the country. The law, originally enacted in 1987, prohibits foreign nationals with HIV from obtaining visas for travel to the US and prevents them from becoming legal permanent residents. The new regulations are set to be implemented after a 45-day public comment period.

Senator John Kerry (D-MA) and Congresswoman Barbara Lee (D-CA), who both supported a congressional measure to lift the ban last year, praised the current progress this week. According to an Immigration Equality press release, Senator Kerry said of the proposed regulations, "Today we are one step closer to ending a discriminatory practice that stigmatizes those living with HIV, squanders our moral authority, and sets us back in the fight against AIDS...I sincerely hope we can continue to work in a bipartisan manner with the help of the public health, religious, LGBT, and immigration groups to make this proposed rule final as soon as possible."

Immigration Equality Executive Director Rachel B. Tiven told Newsday, "These regulations are a long time coming. There hasn't been a major HIV scientific conference in the US in decades because of this ban." Tiven also stated on her organization website, "Immigration Equality has been committed, for over a decade, to repealing this ban that disproportionately affects LGBT people. I am thrilled to report that after so many years of discrimination, the end is in sight."

When they are implemented, the new regulations will remove HIV from the list of "communicable diseases of public health significance." A timeline for enacting the new regulations after the comment period ends has not been established, though the regulations may go into effect before the end of the year.

DOJ Will Not Appeal Transgender Discrimination Decision

7/2/2009 - The Department of Justice chose not to appeal a decision in which a US District Judge ruled that the Library of Congress violated the Civil Rights Act in the case of Diane Schroer, a transgender woman, whose job offer from the Library of Congress was rescinded when she announced she was transitioning. The deadline for appealing the decision (see PDF) was Tuesday, according to the Associated Press.

US District Judge James Robertson awarded Shroer nearly $500,000 in back pay and damages in the September 2008 decision. At the time, Judge Robertson noted that Schroer was clearly qualified for the job and had received the highest interview score out of 18 applicants for the position. The Department of Justice under George W. Bush had argued in the case that discrimination against transgender individuals was not illegal under the Civil Rights Act, which prohibits sex discrimination, according to the Associated Press.

In a statement, Shroer said, "I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the current administration saw this for what it was, a case of sex discrimination focused against transgender people, and recognized that it must end in this country."

Schroer's suit originated when a job offer to be a terrorism research analyst at the Library of Congress' Congressional Research Service was rescinded. According to the Washington Post, Schroer, a former U.S Army colonel, was offered the job in December 2004 only to have the offer rescinded when she told her employer she was in the process of transitioning.

New Delhi Court Rules to Decriminalize Homosexuality

7/2/2009 - The Delhi High Court ruled today to decriminalize sexual activity between consenting same sex partners in New Delhi, India’s capital. This groundbreaking decision was made after eight years of proceedings and campaigning from gay rights activists. The first lawsuit seeking legalization of homosexuality in New Delhi was filed in 2001 by a gay rights NGO, the Naz Foundation, according to the Economic Times.

The Court's decision was immediately criticised by India's leading religious leaders, who have fought to keep sexual acts between same sex partners criminal. But gay rights activists believe the ruling will protect New Delhi's gay community from criminal charges and police harassment.

Homosexuality has been illegal in New Delhi since the British colonial era, which classified it as "against the order of nature." Before today’s ruling, 10 years was a typical punishment for gay sex. Anjali Gopalan, the executive director of the Naz Foundation told the Associated Press, "I'm so excited, and I haven't been able to process the news yet, we've finally entered the 21st century."

Franken Declared Winner of Disputed Senate Seat

7/1/2009 - Minnesota's Supreme Court unanimously denied Republican Senator Norm Coleman's appeal yesterday, ruling that Democrat Al Franken is the winner of November's Senate race. This ruling (see PDF) upholds the decision of lower courts in Minnesota, and states that Franken officially won the race by 312 votes – 0.011%.

On John King's "State of the Union" this past Sunday, Minnesota Governor Tim Pawlenty said that he would respect the decision of the court, and stated that any other reaction would constitute a "dereliction of [his] duty" as governor, according to Politico.

Franken's victory not only reinstates Minnesota's full representation in the Senate, but gives the Democrats and the Independents who caucus with them a 60-seat majority in the Senate. This majority gives Democrats the ability to block any Republican attempts at filibustering.

Coleman gave a concession speech yesterday and stated that "ours is a government of laws, not men and women. The Supreme Court of Minnesota has spoken and I respect its decision and will abide by the result. It's time for Minnesota to come together under the leaders it has chosen and move forward. I join all Minnesotans in congratulating our newest United States Senator – Al Franken," according to the New York Times. Coleman's term expired almost 6 months ago and the seat has remained vacant since.

El Paso Planned Parenthood Closing

7/1/2009 - The Planned Parenthood in El Paso, Texas, is closing after 72 years due to financial difficulties. Interim Executive Director Analinda Moreno announced the closure, which will affect six offices in El Paso that service more than 12,000 women, on Friday. She told the El Paso Times that "We knew eight days ago that there was just absolutely no other way other than to close. Now our concern is negotiating a smooth transfer for all our patients with their consent, but it has been a challenge trying to contact all of them."

The closure announcement comes just one month after Planned Parenthood El Paso discontinued services for HIV/AIDS patients, also because of funding issues. Many of Planned Parenthood's former HIV/AIDS patients have been referred to El Centro de Salud La Fe. In response to the complete closure of the Planned Parenthood clinics, other local healthcare providers including Project Vida, Centro San Vicente and Thomason Hospital Women's Health Center are preparing for an influx of new patients, according to ABC.

A Planned Parenthood El Paso patient told KFox14 TV that people "seeking medical help that don't have the money to go to a doctor can just easily go here, now it's not going to be open...It's going to be harder because I don't even know of a good doctor that serves people with a low income."

Marriage Referendum Denied in DC's Superior Court

7/1/2009 - The DC Superior Court rejected a proposed referendum yesterday that aimed to overturn recent legislation in the District that would recognize marriages of same-sex couples performed in other jurisdictions. Human Rights Campaign President Joe Solmonese said in a statement, "The court's ruling today is an important victory for fairness, the rule of law and the protection of all D.C. residents against discrimination, As DC law justifiably recognizes, no referendum should be permitted to strip away any individual's civil rights."

DC City Council members passed legislation in May that enabled the District to recognize same sex marriages performed in other states. Councilmember David Catania (I) has said he will introduce a same sex marriage bill this year.

The DC Board of Elections and Ethics rejected the same proposal for a referendum in June. The board's ruling (see PDF), found that the proposed referendum "would authorize discrimination prohibited by the Human Rights Act" and would "strip same-sex couples of the rights and responsibilities of marriage that they were afforded by virtue of entering into valid marriages elsewhere."

American Medical Association Report Finds Abstinence-Only Sex Ed Ineffective

6/30/2009 - The American Medical Association released a report at its annual meeting yesterday finding that abstinence-only sex education does not result in reduced sexual activity among teens. The American Medical News reported that the Council on Science and Public Health reviewed several sex education studies and found that abstinence-only programs resulted in "no delay of initiating sexual activity, no reduction in the number of sexual partners and no increase in abstinence," according to Stuart Gitlow, MD, MPH.

The release of the AMA report comes a few weeks after the publication of a study that examined the rising teen birth rate. The rate increased in 2006 and 2007 after declining over the previous 14 years. John Santelli of the Columbia University Mailman School of Public Health led a team of researchers who pinpointed a decrease in contraceptive use as a main cause of the birth rate increase. The Washington Post reported that Santelli believes the decrease in contraceptive use could be due to several factors, such as reduced fear of HIV and the “recent increased focus on encouraging kids to remain abstinent until marriage instead of teaching them about contraceptives."

The AMA recommends that federal funding should be used to support sex education programs that include abstinence, condom use, and other contraceptive methods. The report found these programs are the most effective for reducing the spread of sexually transmitted infections and the number of pregnancies among teens.

Supreme Court Rules in Favor of White Firefighters

6/30/2009 - The Supreme Court yesterday ruled in a razor slim 5-4 decision in favor of a group of white firefighters from New Haven, Connecticut on a Title VII race case that has far reaching impact on race, sex, and ethnicity employment cases. The decision (see PDF,), written by Justice Anthony Kennedy for Chief Justice Roberts and Justices Scalia, Alito, and Thomas, reversed a ruling that had been dismissed by a district court and a panel of the US Second Circuit Court of Appeals, which included Supreme Court nominee Sonia Sotomayor.

The case dealt with a promotion exam administered to the firefighters in 2003. When no African-Americans ranked high enough to be promoted, the City of New Haven invalidated the test results because the absolute adverse racial impact put in question its validity and indicated potential racial bias. Eighteen white firefighters sued.

Justice Ruth Bader Ginsburg authored the dissent on behalf of Justices Souter, Stevens, and Breyer, and felt so strongly about it she read the dissent from the bench. She said, the Court's majority opinion "ignores substantial evidence of multiple flaws in the tests New Haven used. The Court similarly fails to acknowledge the better tests used in other cities, which have yielded less racially skewed outcomes." Later in her dissenting opinion, Ginsburg wrote the majority of the Court made a choice in their decision "that breaks the promise of Griggs that groups long denied equal opportunity would not be held back by tests 'fair in form, but discriminatory in operation.'"

In his majority decision, Justice Anthony Kennedy wrote, "Whatever the City's ultimate aim – however well intentioned or benevolent it might have seemed – the City rejected the test results solely because the higher scoring candidates were white."

"Unfortunately, this is just one more decision by the Roberts Court undermining Title VII and the struggle to end racial and sexual discrimination," said Feminist Majority President Eleanor Smeal. "Justice Ginsburg stated in her dissent, 'the Court's order and opinion, I anticipate, will not have staying power.' Remember, Ginsburg's dissent in the Lilly Ledbetter wage discrimination case is now the law of the land," said Smeal.

In a statement released after the decision, People For the American Way Executive Vice President Marge Baker stated, "Title VII dramatically improved the diversity of police and fire departments that previously had few, if any, minorities or women. Under the restrictions put in place today, it will be much more difficult for these departments to continue to build a diverse workforce."

Yesterday's ruling is not expected to derail the Supreme Court confirmation hearing of Judge Sotomayor, although it will likely be discussed at length at her Senate confirmation hearings, which are scheduled for mid-July .

Texas Gay Bar Raided on 40th Anniversary of Stonewall Riots

6/30/2009 - This past weekend marked the 40th anniversary of the Stonewall riots, which broke out after police raided the Stonewall Inn, a New York City gay bar. On the anniversary, seven patrons were arrested at a Fort Worth, Texas gay bar after police allegedly used excessive force during an alcoholic beverage code inspection. The Human Rights Campaign has called for an investigation into alleged police misconduct.

One patron was severely injured in the incident and is currently being treated in intensive care for head trauma and internal bleeding. In a statement from the Fort Worth police department, the Police Chief indicated that all allegations of misconduct will be investigated.

Fort Worth Mayor Pro Tem Kathleen Hicks said in a statement, "It is truly ironic and unfortunate that this incident occurred on the 40th anniversary of the Stonewall protests. Unlike 40 years ago, though, the people of this community have elective representation that will make sure our government is accountable and that the rights of all of its citizens are protected."

On Monday, President Obama honored the anniversary of Stonewall at an LGBT pride month reception at the White House. In the 1960s, raids on gay bars were common, but the riots resulting from the raid of the Stonewall Inn are considered to have sparked the modern gay rights movement. Thirteen were arrested on the night of the raid and protests continued for an additional three nights.

White House Advisor on Violence Against Women Appointed

6/29/2009 - Vice President Joe Biden announced the appointment of Lynn Rosenthal as the first ever White House Advisor on Violence Against Women Friday. The Vice President said that he and the President were looking for someone with a passion for helping victims of domestic violence. In his remarks, he said that "the worst imprisonment in the whole world is to be imprisoned in your own home... the most vicious of all crimes are domestic crimes."

Rosenthal has a strong record as a domestic violence advocate. According to a White House press release, she currently serves as the Executive Director for the New Mexico Coalition Against Domestic Violence. She is a previous Executive Director of the National Network to End Domestic Violence and of the Florida Coalition Against Domestic Violence. In 2000 and 2005, Rosenthal also played a key advocacy role in the reauthorization of the Violence Against Women Act.

As a Senator, Biden authored the Violence Against Women Act (VAWA), first passed by Congress in 1994. VAWA provides federal funding and protections for the prevention of domestic violence and sexual assault and assistance to victims. The bill also includes critical provisions for improvements in law enforcement and judicial response to violence against women. First signed into law by President Clinton in 1994, women's rights groups fought for and won reauthorization of the bill in 2000 and 2005. The Feminist Majority, led by Eleanor Smeal, played a major role in the passage of VAWA and its reauthorization.

HIV-Positive Namibian Women Suing Government for Forced Sterilization

6/29/2009 - At least fifteen HIV-positive women in Namibia who were forcibly sterilized are now suing the government. According to the International Community of Women Living with HIV/AIDS (ICW), these cases represent a larger group of at least forty Namibian women who have been made infertile against their will (see PDF of report).

Cases documented by the ICW indicate that the women were coerced into signing documents consenting to their sterilization. The women were frequently asked to sign the forms just minutes prior to giving birth. Regarding these documents, Namibian ICW coordinator Jennifer Gatsi-Mallet said, "They were in pain, they were told to sign, they didn’t know what it was. They thought that it was part of their HIV treatment. None of the women knew what sterilization was, including those from urban areas, because it was never explained to them," according to the Guardian UK. The Namibian ministry of health insists that these procedures were legal since consent was obtained.

The ICW, partnering with the Legal Assistance Centre, plans to bring at least two of the cases to trial by the end of the year.

Indian Women's Studies Pioneer Dies

6/29/2009 - Neera Desai, PhD, a pioneer of women's studies in India, died of cancer at age 84 last week. Dr. Desai founded India's first women's studies program, the Research Center for Women's Studies at SNDT Women's University in Mumbai. She also served as head of the Post-Graduate Department of Sociology at the university.

Desai promoted women's rights in both academic and political spheres. She was a member of the Status of Women in India Committee, which published the Towards Equality Report in 1974. She was also a trustee of the Center for Education and Training, a division of the India Center for Human Rights and Law. Desai published several books and research reports on women's issues, including Women in Modern India, Feminism as Experience, and Feminism in Western India.

Professor Vibhuti Patel, who worked with Desai at the university, told the India Express, "I had been working with her since 1977. In all these years that I had known her, I thought of her as a warm person who was forever motivating and ever ready to experiment with new ideas…She started work in this field in the early 50s and for over two decades fought a lone battle to raise awareness about the same till the 70s when she began garnering support from several quarters."

Feminists India Network writes of Desai, "Working on women's issues and feminism across the social categories of tribe, caste and class, she will always be remembered as a major institution builder at the dawn of the women's studies era."

Supreme Court Rules Student Strip-Search Unconstitutional

6/26/2009 - The US Supreme Court ruled yesterday that the strip-search of 13-year old student Savana Redding at her Arizona public school was unconstitutional. Redding was accused by another student of having prescription-strength ibuprofen, a substance banned under the school's drug policy. When Vice Principal Kerry Wilson found no pills in Redding's outer clothes or backpack, he sent her to the nurse's office where she was stripped down to her bra and underpants.

In an 8-1 decision, the Court ruled that Redding's Fourth Amendment rights had been violated by the school officials that ordered the search. However, they declared that Wilson and other school officials involved in the search were immune from legal punishment. In his majority opinion (see PDF of all opinions), Justice David Souter reasoned that officials could not be held legally accountable because previous court decisions were unclear regarding the power granted to school administrators.

The lone dissenter, Justice Clarence Thomas argued that the majority opinion placed an undue burden on school officials. Justices Ginsburg and Stevens dissented in part with the majority regarding the legal immunity granted to Wilson and other officials. In her opinion, Justice Ginsburg wrote, "Abuse of authority of that order should not be shielded by official immunity…Wilson's treatment of Redding was abusive and it was not reasonable for him to believe that the law permitted it."

The case has been remanded to a lower court to determine whether Safford Unified School District No. 1, the district in Arizona where the search occurred, can be found liable.

Iranian Nobel Laureate Urges European Union to Condemn Post-Election Violence

6/26/2009 - Iranian Nobel laureate and human rights lawyer Shirin Ebadi met with European Union Parliament President Hans-Gert Pöttering on Wednesday and urged him to respond to the post-election violence that continues in Iran. Ebadi, who earlier called for the Iranian government to hold new elections and pay reparations for protester casualties, is asking the EU and other international bodies to "express their protest" over police violence, according to Deutsche Welle report.

Pöttering responded that the EU is prepared to take action. "I will recommend to the European parliament political groups to send a delegation of the European parliament as quickly as possible to Tehran," he said. "I have never done this before but this…is so severe and important that I’m ready to go myself as president of the European parliament to show our solidarity with the people in Iran." He added that he did not know whether the Iranian government would allow an EU delegation to enter the country.

The UN reported that on Wednesday, Ebadi also spoke by phone with United Nations Secretary-General Ban Ki-moon, who has expressed his concern with the post-election violence.

In an interview with Al Jazeera, Ebadi condemned the shooting death of demonstrator Neda Agha Soltan at a protest. Ebadi declared, "I am personally prepared to legally represent her family against the people who ordered the shooting and those who fired at her. This act was against the law.

Attorney General Testifies on Matthew Shepard Hate Crimes Bill at Senate Hearing

6/26/2009 - Attorney General Eric Holder testified before the Senate Judiciary Committee yesterday urging passage of the Matthew Shepard Hate Crimes Prevention Act of 2009. Holder opened his remarks by referencing the recent shooting at the Holocaust Museum in Washington, DC, as evidence of continued hate crimes and the need for this legislation to finally be passed. Holder said the bill's passage is one of his "highest personal priorities."

The bill, which passed in the House in April, would allow for "federal prosecution of violence undertaken because of the actual or perceived gender, disability, sexual orientation or gender identity of any person." Under current federal hate crime laws, perpetrators can be prosecuted for violence motivated by race, color, religion, and national origin only if the crime involves a specific federal activity, such as voting or traveling across state lines.

Holder also said, "federal government has a strong interest in protecting people from violent crimes motivated by such bias and bigotry." Over the past ten years, approximately one hate crime has occurred every hour of every day. Previous versions of the bill faced various legislative roadblocks under the Bush administration: similar bills did not make it out of committee in several Congresses between 2002, when the legislation was first introduced, and 2007, when the bill finally passed the House, but was never voted on in the Senate. President Bush had indicated that he would veto the bill if it was passed by Congress.