Tag Archives: discrimination

Breaking: Fourth Circuit Court of Appeals rules Trump Muslim travel ban is unconstitutional

The Fourth Circuit Court of Appeals, sitting en banc, ruled on Thursday in a 9-4 decision that the latest iteration of President Trump’s travel ban is unconstitutional, citing that it unlawfully discriminates against Muslims. Opinion (.pdf).

The Hill reports, Appeals court rules latest Trump travel ban is unconstitutional:

A Virginia-based federal court of appeals on Thursday ruled the latest version of President Trump’s travel ban unconstitutional, citing that it unlawfully discriminates against Muslims.

In a 9-4 decision, a majority of the judges on the Fourth Circuit Court of Appeals said it examined official statements from Trump and other executive branch officials, along with the proclamation itself, and found it “unconstitutionally tainted with animus toward Islam.”

The court is the second federal appeals court to rule against the travel ban.

The most recent iteration of the ban bars people from eight countries — six of which are predominantly Muslim — from coming to the U.S.

The Supreme Court had decided in December that it would allow the latest travel ban to take effect while litigation ran its course [in this case].

It has now run its course. You can rest assured that Confederate Attorney General Jefferson Beauregard Sessions III will file an appeal back to the U.S. Supreme Court from the Fourth Circuit Court of Appeals decision.

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Do Arizonans believe in equal rights for all Arizonans, or not? Give HB 2586 a vote

Since at least 1994, to the best of my recollection, a bill has been introduced in the Arizona legislature to amend the Arizona Civil Rights Act to include protections for the LGBTQ community. (Many Arizonans falsely believe that such protections already exist). As I recall, there may have been one year the bill actually got a committee vote — and was defeated — but almost every year the bill does not even get a hearing in the GOP-controlled Arizona legislature.

This remains true even after the U.S. Supreme Court and the Arizona Supreme Court have recognized equal protection for same-sex marriages, and same-sex spouses have the same parental rights as opposite-sex spouses under Arizona law.  Another lawsuit enjoined a 2009 statute that made domestic partners of state employees ineligible for health benefits.

Too many Arizona Republicans resist “the arc of the moral universe [that] bends towards justice,” under “a Constitution that promised its people liberty, and justice, and a Union that could be and should be perfected over time.”

To paraphrase Joseph Welch, “You’ve done enough. Have you no sense of decency, GOP legislators, at long last? Have you left no sense of decency?

The GOP-controlled Arizona legislature is, once again, kowtowing to the hateful lobbyist for religious bigots, Cathi Herrod of the Center for Arizona Policy, whose undue influence over the Arizona legislature makes her “Arizona’s 31st Senator.” It’s time to revoke her status.

The Arizona Republic reports, Bill to bar discrimination against LGBT people can’t get a hearing:

For the first time ever, a proposal to protect LGBTQ people from discrimination in Arizona has gained support from a Republican in the Legislature, along with GOP municipal leaders.

But that doesn’t appear to be enough to get a hearing at the Capitol.

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Arizona House votes to expel Rep. Don ‘Tequila’ Shooter

I’m glad if I helped to advance this story to its proper conclusion, for what it’s worth. Arizona House expels Rep. Don Shooter, citing ‘dishonorable’ pattern of workplace harassment:

House Speaker J.D. Mesnard, R-Chandler, said earlier this week that he would hold a vote Thursday to censure Shooter, a reprimand that would be part of the chamber’s historical record.

But moments before the House session Thursday, Mesnard issued a statement saying he would push for Shooter’s expulsion instead. The change was due to a letter sent by Shooter to his House colleagues challenging portions of the investigation.

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The Arizona House of Representatives voted Thursday to expel Rep. Don Shooter from office over complaints that he that he sexually harassed women.

The vote comes after an investigation into sexual-harassment allegations against Shooter found “credible evidence” that he behaved inappropriately toward multiple women.

An explosive report from the investigation graphically details lewd language and actions from Shooter, a powerful Republican lawmaker from Yuma, who has openly behaved in a crass manner, but did so unchecked by his peers for years.

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Rep. Don ‘Tequila’ Shooter to be censured for sexual harassment? It should be expulsion (Updated)

A House investigation finally confirmed yesterday that there is “credible evidence” Republican Rep. Don “Tequila” Shooter violated a sexual harassment policy and created a hostile working environment at the Capitol. Well no shit.

The Arizona Capitol Times reports, Rep. Shooter sexually harassed women, created hostile work environment, investigator finds:

A House investigation confirmed today that there is “credible evidence” Republican Rep. Don Shooter violated a sexual harassment policy and created a hostile working environment at the Capitol.

After the allegations against Shooter surfaced, House Speaker J.D. Mesnard suspended Shooter from his powerful position as the chairman of the House Appropriations committee.

Mesnard said today Shooter will be permanently removed from all committee assignments immediately. Mesnard also said he will seek to censure Shooter for his behavior.

Excuse me? I’m sorry, but the remedy here is one of only two options: Rep. Shooter can either voluntarily resign his seat, or the House should vote for expulsion of a member. A censure is merely a slap on the wrist with no serious consequences.

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The time has come to amend the Arizona Civil Rights Act to include sexual orientation and gender identity

The Arizona legislature is about to be consumed by the sexual harassment ethics complaint filed by Rep. Michelle Ugenti-Rita against Rep. Don Shooter. Unbelievably, there was no formal, written policy in the House of Representatives available to legislators detailing how to respond to sexual harassment claims. Rules, enforcement lacking to prevent sexual harassment among lawmakers.

So the House has now drafted its first sexual harassment policy ex post facto to address the sexual harassment ethics complaint against Rep. Don Shooter. But that draft policy does not go far enough. No LGBT protections in Arizona Legislature’s new harassment rules:

When Arizona House Speaker J.D. Mesnard released a new harassment policy this week, members of the Legislature’s LGBT caucus felt something was missing.

The policy prohibits workplace discrimination in the Arizona House of Representatives based on someone’s race, age, national origin, religion, sex, disability or veteran status, among others.

Not included in that lengthy list: protections for House members or their staffers who might face discrimination for being lesbian, gay, bisexual or transgender.

NOTE: The Arizona Civil Rights Act does not provide for express protections for sexual orientation and gender identity. A bill has been introduced in the Arizona legislature every year since at least 1994 to add sexual orientation and gender identity to the Arizona Civil Rights Act but only once, to the best of my recollection, has a bill ever received a committee hearing. It has always been opposed by GOP leadership, because it is opposed by the religious right Center for Arizona Policy.

State Rep. Daniel Hernandez, D-Tucson, said he and other members of the recently formed LGBT caucus are going to push to change that.

Hernandez said while the policy allows anyone to report instances of sexual harassment, the portion dealing with discrimination should be amended to include sexual orientation and gender identity.

“I would like to see that it gets spelled out,” he said, “just so there isn’t confusion or issues later on.”

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This week in the GOP’s war on the civil rights of women and LGBTQ

The House on Tuesday approved a bill banning most abortions after 20 weeks of pregnancy, advancing a key GOP priority for the third time in the past four years — this time, with a supportive Republican president in the White House. The purpose of the bill is to create a direct legal challenge to Roe v. Wade, which provides for access to abortion in the first 24 weeks.  With Trump’s backing, House approves ban on abortion after 20 weeks of pregnancy:

The bill, known as the Pain-Capable Unborn Child Protection Act, is not expected to emerge from the Senate, where most Democrats and a handful of moderate Republicans can block its consideration. But antiabortion activists are calling President Trump’s endorsement of the bill a significant advance for their movement.

The White House said in a statement released Monday that the administration “strongly supports” the legislation “and applauds the House of Representatives for continuing its efforts to secure critical pro-life protections.”

The bill provides for abortions after 20 weeks gestation only when they are necessary to save the life of the mother or in cases of rape or incest. Under the bill, abortions performed during that period could be carried out “only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive” — note, not the life of the mother — and would require a second physician trained in neonatal resuscitation to be present.

How Arizona’s congressional delegation voted:

Stricter Abortion Ban: The House on Oct. 3 voted, 237-189, to outlaw abortions after 20 weeks of fertilization on the belief that the fetus can feel pain by then. This repudiates Roe v. Wade’s ruling that abortion is legal up to viability that occurs at about 24 weeks or later. A yes vote was to pass HR 36

Voting yes: Martha McSally, R-2, Paul Gosar, R-4, Andy Biggs, R-5, David Schweikert, R-6, Trent Franks, R-8

Voting no: Tom O’Halleran, D-1, Raul Grijalva, D-3, Ruben Gallego, D-7, Kyrsten Sinema, D-9

Women’s Health Exemption: The House on Oct. 3 defeated, 181-246, a bid by Democrats to add an overall woman’s health exemption to HR 36 to go with exemptions already in the bill in cases of incest or rape or to save the mother’s life. A yes vote was to permit abortions after 20 weeks if necessary to protect the mother’s health.

Voting Yes: O’Halleran, Grijalva, Gallego, Sinema

Voting No: McSally, Gosar, Biggs, Schweikert, Franks

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