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CA's Complicated Prop 8 Legal Battle
Last weekend gay marriage advocates protested recently passed gay marriage bans in California, Arizona, and Florida. Of the three anti-gay amendments passed November 4 in the three states, California's has the most complicated legal ramifications.
The bans have only intensified nuanced legal battles between religious conservatives and gay rights advocates.
Each state has its own laws to amend its constitution. Some states need a two-thirds majority vote by the state legislatures and a signature from the governor before it can go to a vote by the general public. Other states only require a majority of the popular vote.
California is one such state where policies can be passed by winning a majority of the general public's vote -- effectively making an addition to the constitution as easy as filling in a bubble.
Here's what happened in California.
Last spring, the California Supreme Court ruled a previous state ban on same sex marriage unconstitutional. Chief Justice Ronald M. George said in the opinion that:
"any law that discriminates on the basis of sexual orientation will from this point on be constitutionally suspect in California in the same way as laws that discriminate by race or gender, making the state's high court the first in the nation to adopt such a stringent standard."
The only recourse for anti-gay activists was to change the state Constitution. When a majority of state voters decided to impose another ban on gay marriages on Nov. 4, it became the first legal action of its kind to revoke rights already allotted to same sex couples (most states impose same sex marriage bans as preventative measures -- before couples are ever granted the right to marry).
While couples can no longer be "married" under California law, the state's 2007 Domestic Partner Law gives same sex couples the same legal rights and protections as straight couples.
What makes this new amendment so interesting is that it takes away people's rights.
According to ABC news, the day after Election Day
"the ACLU, Lambda Legal, and the NCLR filed a lawsuit in the state Supreme Court on behalf of Equality California, a group that works to secure civil rights for homosexual, bisexual, and transgender Californians, and six same-sex couples who have not yet wed but would like to.
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Long Lines Call for Reform
According to the Associated Press, there were 27 million absentee and early votes in 30 states. For weeks, these early voters have encountered long lines at their precincts, such as the one seen in this photo posted by my friend Jack who voted on the Sunday before elections:
"In North Carolina, more than 2.3 million people -- or about 38 percent of registered voters there -- had voted by Friday, according to CNN affiliate WRAL."
But long lines weren't just in southern and battle ground states. My conservative home state Oklahoma also reported long lines:
"It seems like every big election we have an outpouring of new voters, but this is the most," Carter County elections secretary Helen McReynolds said in a First 12 News Report
My facebook friend Calvin Reese snapped the photo below of the early voters in Oklahoma:
This enormous turnout before tomorrow's mass exodus to the polls bring to light an important question: are our polling places equipped to handle massive numbers of voters at the polls? Some people might see the long lines and think they're encouraging signs of democracy. But other folks, who can only vote during lunch breaks or are eagerly trying to handle family obligations, might be turned off by long lines.
Kieran McCarthy, who was filling out his ballot while sitting on a lawn nearby a ballot drop box in Denver, Colorado, told KUSA that he thought that "the early voting in Colorado really helps."
McCarthy added, "I think it's hard for a lot of people to take a day off work or get in line where you might be there half a day," McCarthy told KUSA."
Earlier this year the organization Why Tuesday began asking why elections are always held on Tuesdays. Why can't we hold elections on weekends or allow for week-long voting? So far, early voting has been the most common compromise. Currently, 32 states allow no-excuse, pre-election day in-person voting.
After this historical election, it's time to encourage a serious revision of our voting and elections law.
More Than the Presidency
The sad fact of every election is drop off. No, it's not that disease that happens when your arm falls off. Drop off is when people only vote in the presidential race, ignoring everything else on the ballot. Many people each election either don't know who the other candidates and propositions are, or don't feel they are educated enough to make a decision.
This has to stop. What good is it to only focus on the presidency and ignore the local issues and politicians who have a day-to-day impact on your life?
So some folks at the ACLU Foundation in California have started a non-partisan campaign to connect with young voters and ask them to pledge that they will "go all the way" (no pun intended) on November 4.
This week the ACLU Foundation launched a Facebook Application that I am a big fan of, as well as a website and SMS campaign where people can text their pledges to friends.
The best part is the chance to win a free Nintendo Wii if you recruit tons of people to the application.
Onward Oregon, in conjunction with the Bus Project, is also encouraging folks to Fill Out Your Whole Ballot by asking for a pledge:
"As excited as we all are by the Presidential and Senate races, here in Oregon we have some very important local races, the outcomes of which are likely to have a profound impact on the direction our state takes. Each of your votes is important, and participation becomes critical the further “down” the ballot you look."
At their website Whole Ballot, anyone from any state can sign up to pledge to vote the whole ballot online.
The same is true for the League of Conservation Voters in Oregon who published this recent video assuming success for Obama and reminding voters that the new president will need "a team behind him":
Also, in a poem to young voters, vlogger Jay Smooth recently admonished folks against getting overwhelmed by the pre-election excitement, only to drop the ball on election day:
I assume that ya'll know what you're doing because you read Wiretap. Therefore, you should pledge today! Friends don't let friends drop off.
YM Blog: Senate Candidate Launches Campus Tour
Jim Slattery, candidate for the U.S. Senate in Kansas, unveiled a new $5,000 college tuition tax cut last week.
I was honored to receive unvetted access to follow Slattery along on his tour talking with him as well as other students interested in his plan as well as other important issues this election. Slattery spent time answering questions in townhall style meetings as well as a special candidate forum hosted by the popular site 18 in 08.
The plan is similar to Sen. Barack Obama's proposal for a $4,000 tax credit for students and slightly similar to Sen. John McCain's plan to "simplify the existing benefits."
Minnesota Senate candidate Al Franken proposed the same credit as Slattery, but few other candidates are speaking to students or looking at issues that impact young people this election.
I've been pleasantly surprised by those few candidates who reach out to young people. As someone who graduated college with tons of debt, and wanted to work in civil service or civic engagement, I found it nearly impossible because I couldn't afford to do that and pay off my loans. Plans like these help need-based families and they also help foster dedication to service. I'm grateful to candidates who think about this within the context of students' needs.
Check out video of Senator Slattery:
20/20 Gets It Wrong
Last Friday evening, the long running television news show 20/20, headed by Barbara Walters, aired a show titled Maybe It's Your Civic Duty Not to Vote, reported by John Stossel. The piece focuses on a group of young voters who appear to be ill-informed about the going-ons of government and politics and Stossel believes that because they don't know the number of senators in a given state that they should not be allowed to vote. You can see a preview of the video posted here on Yahoo Videos (or to the right).
Thoughts like this are similar to the literacy tests that were requirements in the late 1800's to vote as a means of disenfranchising millions of African American voters. When the Voting Rights Act was passed it made practices like literacy tests, poll taxes, and "good character" were finally declared illegal. It seems Mr. Stossel might like to return to those days.
Featured in the report is the band the Disco Biscuts and the organization HeadCount, which has worked hard to register hundreds of young voters at live music events officially registered. Concert goers were the young people featured as "too stupid to vote." There is now a vibrant discussion on their site where one of the young people featured expresses his displeasure of being quoted out of context:
"Yeah, I got fucked. I'm the second incorrect answer to rowe vs. wade or whatever. I mean let's get serious. I'm a graduating college student who answered all of the question correctly except that one and what state is John McCain from. That shit was slandered as fuck. It was kinda funny seein myself on that shit though. The funnier part is that right after I watched it I asked the like ten people sitting around me if they new what that case was and only one person knew it. Fuck the editor of that clip."
While the piece runs "stupid answers" by voters their focus is all about young people and that they should do their "civic" duty and not vote. The problem with the segment is that it also included older voters who were just as ill-informed. Oops! Seems they lost their thesis.
There are also allegations by a young women in the piece (appearing at 1:20 mins) who answers that there are "12 US Senators." The same woman later says that she she was responding to a question about how many US Supreme Court Justices there are.
According to an interview with Marc Brownstein at HeadCount the reporters went through many people who were giving correct answers. Some were educated on some things and not educated on others, and volunteers, activists, and teachers in the crowd were also those most educated about issues. They didn't make the report. Brownstein also says that his important plug for the non-partisan voter guides HeadCount distributes was cut out of the piece.
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Generation We
Writer Eric Greenberg pulled together the results of over eighteen months of research, polls and focus groups to prove one thing: the Millennial Generation is a force to be reckoned with. Through his new book, and a website, Greenberg is harnessing the thoughts and energy of a younger generation.
GenWe was Greenberg's project to help the Millennial Generation empower itself against much scrutiny. Speaking with US News, he said:
"They are not a 'me' generation; they are the 'we' generation," he says. "They are about the greater good," he adds, noting that they're really jazzed up about the environment and the energy crisis. Armed with his huge study, he's urging both presidential campaigns to focus on one mega-idea the kids endorsed; an Apollo-style approach to the energy crisis."
According to the extensive data in GenWe there are between 95 and 100 million people born between 1978 and 2000, and now more than ever those over 95 million young people are united around the same political issues and visions.
The book also makes the case that Millennials are:
- Dedicated to improving the common good over individual gain, a sentiment that crosses all racial, ideological and partisan lines.
- Reject fundamental principles of modern conservatism –primary focus on individual rights and trickle down economics.
- Welcome innovation and are eager to establish a new. paradigm
Greenberg describes many of the issues our world faces today, such as the climate crisis, are of importance for younger folks. These issues span across parties, races, genders, and location. According to the book, Republicans and democrats agree on these issues 85 percent of the time.
"Youth don't realize they have more in common with each other than anything else," Greenberg said in a phone interview. "They have a balance of power in the world more than anyone else, and collectively have a lot of power globally."
He urges Millennials not to put off these problems until tomorrow.
The presidential election is only the first step. The second step is encapsulated on the website that gives young voters and organizations practical organizing tools, from fifteen minute activism to weekend projects and legislation.
I haven't made my way all the way through the book, but had to write about it because what I have read is exactly the thing we needed to prove both to ourselves, major donors, and mainstream media that we are doing important political work.
Interview with Education Chairman
On a recent trip to Washington, D.C., I spoke with Representative George Miller (D-CA), chairman of the House Democratic Policy Committee. He was eager to talk with me about outreach the party did during the first 100 days of the new Congress in 2007 to work with students on access to higher education.
Some friends who work on the Hill told me that he was a great guy, and very forward-thinking when it comes to technology and outreach, but I had no idea he would be as engaged to talk about the needs of students and ways in which we can continue our work after Election Day. It was a true honor, and I certainly look forward to seeing what is possible in the 2009 Legislative Session.
Should We Reduce the Voting Age?
This week the National Youth Rights Association released this ad via YouTube and began spreading it across the internet.
I've written about the reduction of the voting age before, yet I still remain fascinated by this topic that still garners so much criticism among the youth movement.
They present a strong argument on DailyKos, but it's quickly met with harsh criticism in the comments section.
Most 16 year olds work and pay taxes, but with no say at all in how their tax money is spent.
Teens will be most effected by issues like education and environment, but have no voice that counts.
16 is a BETTER age to start voting than 18. 16 year olds are more tied to their communities (they are more likely to live at home with their parents). Many 18 year olds are moving to brand new communities to which they have no ties and feel less of a vested interest.
16 year olds can put the government and politics courses they are learning into action, making such coursework more effective and increasing their interest in voting.
Even the government agrees that 16 year olds are presumed to have enough knowledge to vote. In fact the voting rights act of 1965 that anyone with a 6th grade education is presumed to have the "literacy, comprehension, and intelligence to vote in any election." 42 U.S.C. 1971 (c). If a sixth grade education is enough, which shouldn't high schoolers who have completed 9th or 10th grade be able to cast a ballot?
Another solid argument is that there have been tens of thousands of young people under the age of 18 who -- our judicial system has decided -- are adult enough to stand trial as adults.
When I posed this as evidence that our government already considers these youth as adults to some in the youth movement, it was met with urgency to reform the judicial system instead, and spend more time on issues that matter more.
Another argument not included is the high school drop out age. Some states like New Hampshire have raised the age to 18, but in many states in the south it remains at 16.
The age to get married in the US is usually 18, but most states allow it if there is parental consent for those 16 or over. If you're pregnant parental consent is waved in many states.
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Safe Sex Comes to Conventions
Even though Trojan Condoms launched its Evolve America tour last April, the safer sex campaign still made quite an appearance at both the Democratic and Republican conventions. Calling it the "condomvention" Trojan's bus rolled into Denver, Colorado for a huge party the first night of the festivities.
With special guests including Ja Rule, Spike Lee, Alan Cumings, Josh Lucas, Tony Goldwyn, and Gloria Reuben, the party started with open bar and a little comedy.
The Evolve tour targeted delegates, sexual health advocacy groups, policymakers and the presidential candidates themselves, urging them to acknowledge safer sex issues and get them on the political and social agendas.
According to the International Business Times, the tour is designed to engage Americans directly by pledging to use a condom every time and sign a petition for change. This, they say, is in light of:
"condom advertising restrictions on network prime time television in effect, and over a billion dollars spent on abstinence-only education that does not advocate condom use..."
There are two tours continuing from the conventions. Evolve Yourself and Involve Yourself plan to crisscross the country through the final months of the Presidential campaigns.
"Trojan Evolve is a call to action," says Jim Daniels, Vice President of Marketing for Church & Dwight Co Inc. "We're quite literally going city to city asking Americans to pledge to use a condom every time, sign a petition for change and help turn the tide on the unhealthy state of sexual health in this country."
See my video on the campaign below and take the pledge at TrojanCondoms.com
RNC: Massive Protests First Day
The first day of the Republican Convention may have been stifled by the hurricane in the gulf, but protesters refused to let it stop their message. Whether anti-war, pro-universal health care, pro-choice, anti-choice, or anti-government in general, protesters packed the streets of St. Paul, Minnesota hoping to impact convention goers.
The events were mostly peaceful but a small group of anarchists broke out store windows, police car windows, slashed tires, and caused a general ruckus.
One RNC official at the press and media check in expressed his disappointment in police who allowed much of the destruction. But one former 70's war protester who joined the events today said the police were much calmer than those in the 60's and 70's who he said were less patient.
There were, however, live streaming videos of police shooting tear gas into crowds, shooting people with rubber bullets, and huge blanket arrests. Despite those events, reports were that only 150 had been arrested, no word on how many have been detained.
One thing is for sure, the use of policy and national guard troops was much more present on the streets of St. Paul than in Denver. While at the DNC convention, security was limited mostly to the parameter, many police and guard troops kept to the streets. There were minor injuries, many journalists were accidentally gassed including former campaign manager for Vice President Al Gore and CNN Consultant Donna Brazil, Democracy NOW reporter Amy Goodman was arrested, and many journalists were detained until they could prove they were official media.
No word on whether these protests will continue throughout the course of the Republican Convention.
DNC: Obama Mobile USA
Waiting outside the press credentialing area today was a Volvo Station Wagon covered from head to toe in bumper stickers.
"We had to buy them ourselves," Samantha Woods told me. "The Obama campaign didn't believe that we were really going to do it. They thought we just wanted stickers."
The Samantha and Annie began with a crazy idea, their site Obama Mobile says.
The "two sisters ... are excited about the political grassroots movement that is sprouting up all over the country. We want YOU to be too! That’s why we decided to take a creative political voice and sticker our Volvo Wagon in over 500 Barack Obama stickers!"
They are hoping that their guide will influence other young people to do the same with their cars. To get to the convention the two fundraised by creating t-shirts and Obama items that they sell on their site and to people around town.
Outside was also the Curator for the Division of Politics and Reform for the Smithsonian institute in Washington DC. Mr. Bird is here searching for the ultimate swag that represents this convention for the museum. He was quick to offer the girls his card and examine some of their t-shirts they were making in the back. Their hope was to donate the entire car to the museum.
"Hopefully the Obama Presidential Museum," Samantha said.
Beginning in California and driving the way to Denver in the car, the girls blogged and photographed their adventure saying
"We find ourselves on the 101 cruzin' down the road. Driving through agriculture California and seeing all the immigrants working early in the fields - a visual reminder of what our country is built and based on. I am so excited for reform in this country ... "
Their site focuses on their hope for the change they believe Obama will bring to foreign policy. Specifically featuring videos from him about Iraq and his urgency for a safe withdraw, they also include a dollar counter that adds the daily amount of money that the war has cost the US.
They are excited to be at the convention and are hopeful to receive press credentials from Current TV which they said must be stuck in traffic because they had not arrived.
"Its a pretty sweet adventure," Annie said.
TV Networks Awaken to Young Voters
I did an interview last week with the Voice of America where I vented my frustrations about news outlets not reporting or misreporting the Youth Movement. The Sunday New York Times has a great article that talks about problems network news outlets are having in both covering the movement as well as attracting a younger viewing audience.
I try to be a polished blogger and bring you facts and info that is useful but it's moments like these when I just want to say: Duh!
"The median age for the three evening newscasts is 60.5"
Ouch! When I asked a friend who doesn't watch network news why he said that it's targeted to 75 year olds with a 7th grade education. Attracting a young audience and talking about the Youth Movement aren't the same thing nor will one lead to the other.
Interestingly enough, the same day that the NYT ran this piece they also ran a piece about Jon Stewart saying that in a 2007 poll by the Pew Research Center for the People and the Press Stewart ranked fourth among journalists they most admired. He was tied with the likes of Tom Brokaw, Dan Rather, and Brian Williams.
"At a time when Fox, MSNBC and CNN routinely mix news and entertainment, larding their 24-hour schedules with bloviation fests and marathon coverage of sexual predators and dead celebrities, it’s been "The Daily Show" that has tenaciously tracked big, "super depressing" issues like the cherry-picking of prewar intelligence, the politicization of the Department of Justice and the efforts of the Bush White House to augment its executive power."
The NYT article points out that big networks are trying to make small efforts to reach younger viewers. NBC has hired Luke Russert, son of former host of Meet the Press Tim Russert who died a few months. Fox news has the Y Factor, CNN has the League of First Time Voters.
I think talking about the Youth Movement is great. But covering young people does not automatically create a following of young viewers.
People watch the Daily Show and the Colbert Report because they deal with real issues in a way that isn't as difficult to deal with. The quote on Stewart says it well:
"In a time when major news outlets are beholden to shareholders, advertisers, and some are owned by ideologue, I think the one thing young people crave is authenticity and an honest discussion of issues. Focusing on what's actually going on in our country rather than what we want to believe is going on is a one place to begin. Doing it in an engaging way with an anchor who isn't afraid to get a little silly with some of the most powerful people in the world is another big plus."
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Party Like a Rock Star
It all began when John McCain's campaign released a television add attempting to tie his opponent Barack Obama's campaign enthusiasm to celebrities like Paris Hilton and Brittany Spears -- who don't entertain strong approval ratings by the public. The Today Show did a quick piece about the attacks where they asked the McCain campaign if these were supposed to label Obama as "frivolous and irresponsible" to which the McCain campaign responded, "Yes!"
The Obama campaign responded with an add of its own according to the Today Show clip, and the debate could have stopped there, but it didn't.
Progressive Accountability, a project of Media Matters and the Center for American Progress Action Fund released the McCain/Brittany ad which features the two agreeing on foreign policy.
If that isn't enough, last week Paris Hilton responded with her own video. Hilton evidently understood the tone the McCain campaign was going for and found the assumption that she was "frivolous and irresponsible" insulting. Her ad features an honest and intelligent presentation of her own energy policy coupled with humorous commentary about her own hotness.
Rachel Maddow on MSNBC's Road to the White House believes this is part of the media's interest in covering Obama's "exotic" or "celebrity" but neglects McCain's own "celebrity" characteristics.
In an op-ed in the LA Times Neal Gabler responds to the whole ordeal by saying Obama's celebrity stems not from a kind of rock star hysteria, but rather from an honest emotional connection that voters have with the candidate.
"It is insulting because it suggests that their devotees' effusions are just a visceral reaction -- the political equivalent of puppy love. And it is imprecise because Obama is -- and Bobby [Kennedy] was -- more movie star than rock star, which is an analogy with a difference. Rock stars, with some glaring exceptions, typically whip up the crowd; the thrill tends to be short-lived. Movie stars, by contrast, tend to create a long-standing emotional identification with their audience. It's a difference that may have a bearing on the outcome of this election as voters weigh the advantages of being a movie star against its disadvantages. Movie stardom can be confused with mere celebrity, which has connotations of insubstantiality."
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Politicians Protest Summer Vacation
A staffer on Capitol Hill once told me that working in the US Congress was a lot like summer camp. People who are leading our country eat junk food, live in fraternity style housing, and have summer recess.
For the members and staffers of the US Congress, August means spending much needed time off in their districts and often times with their families.
For DC staffers, August means a full month with no pressing legislation, research, and no members of congress to staff. Hill staffers will tell you that they get much more work done when their member is not in the office.
The week leading up to August 1 was filled with late night sessions and arguments on the House floor. There was work left to finish, but everyone wanted to go home. Members looked forward to their flights and trains out of DC with an anticipation you're more likely to see in the eyes of their grandchildren.
But one bill was left over. A complicated and controversial Energy Bill. Republicans want to open up new drilling areas, Democrats don't. Republicans say it will reduce our gas prices over the next 10 years, while Democrats say it will take 10 years to get enough oil and only last us a few years and instead focus on alternative fuels.
None of that mattered, however, because Friday afternoon Speaker Pelosi hit the gavel and said goodbye. Members happily said their goodbyes, grabbed some papers, signed a few year books official documents, and went home. Much to the chagrin of the twenty or so members of the Republican Caucus who stayed in a desperate protest to talk about drilling.
At one point the cameras were turned off and CSPAN began to broadcast press conferences rather than the floor. The Washington Post captured the moment:
"At the direction of the House Sergeant-at-Arms, the microphones in the House are also off, so the lawmakers present are yelling to make their voices heard. . . The lights were off, then on, and now off again."
Rep. John Culberson (R-TX) (pictured above with staffer Courtney) began to tweet his observations via his Twitter account. Other Members followed using Culberson's account to tweet something of their own, including Rep. Mike Pence, Rep. Mike Rogers, and Rep. Rob Bishop. For those of us who couldn't watch it in real life or on CSPAN, watched it all unfold in real time via search.twitter.com's use of the tag #dontgo. TechPresident's Nancy Scola called it a "Congressional first."
"Michigan Republican Mike Rogers returned to the House floor in shorts and sandals to take his turn at the podium, as the Republican talkathon continues on the House floor, hours after the chamber formally recessed for the week," Politico reported at 3:23pm
Conservative columnist and blogger Robert Bluey reported via his Twitter account that he was forcibly removed by the Capitol Police.
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Protecting the Youth Vote
At a time when organizations across the country are focused on increasing voter registration, the lobbying and advocacy organization Student Association for Voter Empowerment (SAVE) has worked to make sure that when those newly registered voters go to the polls, their votes will count.
On July 25, SAVE held a jam-packed forum to discuss the representation of young people in the media. The forum, called Asserting the Youth Voice, had a panel that included Thomas Friedman, author of the best selling book The World Is Flat; Judy Woodruff, senior correspondent for The News Hour With Jim Lehrer; U.S. Congressman Joe Scarborough; Newsweek editor Eleanor Clift, and former white house press secretary Mike McCurry. According to a press release for the event:
Conventional wisdom states that "young people don't vote," citing both turnout percentages that are well behind older demographics and political pundits who brand us disinterested, disengaged"
But the truth is that young voters face some of the most difficult obstacles when it comes to going to the polls than many other voting blocs.
In the 2004 and 2006 elections, young people came out in record numbers.
Last year 18-29 year olds - often called the 'Millennial Generation' --made up 20% of the eligible voters in the US. The press release also mentioned:
With such a large representation in the electorate it would seem remiss for any politician not to court us and anomalous for any reporter not to mention us. And yet, studies show that less than two percent of political news coverage mentions young people, providing glaring evidence that many journalists and media outlets still assume the accepted opinion, portraying young voters as non-voters if not ignoring the youth demographic entirely."
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Sarah Burris was raised in Oklahoma and graduated from the University of Kansas with a degree in English Creative Writing with a minor in Peace and Conflict Studies. She covers young local, state and federal political candidates and their legislative agendas, rural issues, Green Jobs and the environment. She's a reporter for Rock the Trail -- a project of Rock the Vote and WireTap. Her writing has also appeared at Future Majority and Everyday Citizen.