Animal personhood

The New York Times Magazine has just published an interesting piece on the Nonhuman Rights Project and Steven Wise, whose mission is to change the common law status of at least some nonhuman animals from “mere things” to “legal persons.” (I have previously written on their work here).

Harvard School of Law Petrie-Flom Center offers the following on this issue: “It is widely agreed, among both advocates and opponents of Wise’s work, that granting legal personhood to animals would be revolutionary. imagesI think that this view is mistaken. To understand why, it is helpful to clarify and differentiate between three possible conceptions of what it might mean to be a “legal person”—a term that is often used in imprecise ways. Doing so reveals that animals are already legal persons, and that personhood does not itself count for very much.

“The first possibility of what we might mean by “legal personhood” is that an entity has the capacity to be granted rights. If this is what we mean, however, recognizing legal personhood for animals should not be seen as controversial. Insofar as the constitutions of states clearly allow them to grant rights to animals and other non-human entities, animals are already legal persons in this sense.

“The second possibility is that a legal person is an entity that has been granted some rights—rights that might, but need not, include the power to enforce them. But again, if this is what is meant by personhood, there is nothing radical about granting it to animals. Animals have long held rights in the Hohfeldian sense that humans have had duties to not harm them under various animal protections laws. Continue reading “Animal personhood”

On state licensing of bigotry

“Foes of equality see the writing on the wall,” writes Chad Griffen, President of the Human Rights Campaign (HRC) in a letter to supporters today:imgres

“State by state, they are losing the fight for marriage equality. So they are resorting to an insidious new tactic to undermine lesbian, gay, bisexual and transgender (LGBT) civil rights:

“Using religion as a weapon to legalize discrimination against LGBT people. Last month HRC supporters helped shut down abominable “License to Discriminate” bills in Arizona and, for now, Kansas and South Dakota. Unbelievably, the bills – thinly veiled ploys to allow discrimination against LGBT people – could have made it legal to discriminate against individuals on the grounds of “religious freedom.” If these bills had gone through as intended, private businesses in these states could have legally refused an LGBT person anything from a seat at a restaurant, to photography services for their wedding, to accounting and tax counsel – all because of who they are or who they love.Tens of thousands of HRC supporters, fair-minded business leaders and people of faith said “NO!” to these sickening anti-equality ploys because treating people differently based on who they are is discrimination. Lawmakers listened, and many of these hateful bills have stopped in their tracks – at least for now.

“But this new and dangerous form of attack on LGBT equality is just the beginning. We have concerns that efforts like these could be revived in any of the 33 states that do not protect LGBT people at the state level. Even in states like Maine, where there are state-level protections for LGBT people, we recently had to fight back efforts to carve out an exception that would have deliberately exposed LGBT people to legalized discrimination. We must be prepared to move swiftly to shut down these efforts to divide and discriminate wherever they appear. Our immediate goal is to raise $150,000 by March 31st to fight back against these efforts and continue to press forward for non-discrimination initiatives in the next 90 days. Continue reading “On state licensing of bigotry”

Abortion under siege across America

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A three-year surge in anti-abortion measures in more than half the states has altered the landscape for abortion access, with supporters and opponents agreeing that the new restrictions are shutting some clinics, threatening others and making it far more difficult in many regions to obtain the procedure.

  Advocates for both sides are preparing for new political campaigns and court battles that could redefine the constitutional limits for curbing the right to abortion set by the 1973 Roe v. Wade decision and later modifications by the Supreme Court.

On Monday, in a clash that is likely to reach the Supreme Court, a federal appeals court in New Orleans will hear arguments on a Texas requirement that abortion doctors have admitting privileges at local hospitals — a measure that caused one-third of the state’s abortion clinics to close, at least temporarily. As the New York Times today reports:

“Advocates for abortion rights, taking heart from recent signs in Virginia and New Mexico that proposals for strong or intrusive controls may alienate voters, hope to help unseat some Republican governors this year as well as shore up the Democratic majority in the United States Senate.

“Anti-abortion groups aim to consolidate their position in dozens of states and to push the Senate to support a proposal adopted by the Republican-controlled House for a nationwide ban on most abortions at 20 weeks after conception.

“I think we are at a potential turning point: Either access to abortion will be dramatically restricted in the coming year or perhaps the pushback will begin,” said Suzanne Goldberg, director of the Center for Gender and Sexuality Law at Columbia University.

“The anti-abortion groups, for their part, feel emboldened by new tactics that they say have wide public appeal even as they push the edges of Supreme Court guidelines, including costly clinic regulations and bans on late abortions.”

More at: http://www.nytimes.com/2014/01/04/us/women-losing-access-to-abortion-as-opponents-gain-ground-in-state-legislatures.html?_r=0

Julian Bond on “I Have Dream”

The below letter was released today by NAACP chair emeritus Julian Bond, noting the role of Bayard Rustin in the famous “I Have a Dream” speech and event.

“Thousands are in Washington, D.C. today to re-create something so powerful and so vivid that it still plays on loop in my mind. They’re here for the 50th anniversary of the 1963 civil rights March on Washington.

“We are returning amidst a newly reinvigorated fight for civil rights that has grown rapidly to include lesbian, gay, bisexual, and transgender Americans.

“After all, LGBT rights are civil rights.Julian Bond Then and Now

“No parallel between movements is exact. But like race, our sexuality and gender identity aren’t preferences. They are immutable, unchangeable – and the constitution protects us all against discrimination based on immutable differences.

“Today, we are fighting for jobs, for economic opportunity, for a level playing field free of inequality and of discrimination. It’s the same fight our LGBT brothers and sisters are waging – and together we have formed a national constituency for civil rights.

‘And while we haven’t fully secured Dr. Martin Luther King, Jr.’s most remarkable dream, we are getting closer every single day.

Julian Bond with Dr. Martin Luther King, Jr., and more recently at an HRC event.

“In August 1963, I was the Communications Director for the Student Nonviolent Coordinating Committee (SNCC), led at the time by John Lewis, the march’s youngest speaker that day.

“A gay black man by the name of Bayard Rustin was one of the chief organizers – an early embodiment of the unity and commonality that bonded the movement for LGBT equality with the fight for equal treatment of African-Americans.

“In his honor, HRC will help lead a commemoration of Bayard’s incredible contributions to the civil rights movement on Monday. And it was recently announced that President Obama will posthumously award Rustin the Presidential Medal of Freedom – the highest civilian award in the United States. Continue reading “Julian Bond on “I Have Dream””

Gains and losses for transgender rights

This past week the national media featured many stories about California’s newly adopted Assembly Bill 1266 recognizing the rights of transgender students in K-12 schools. While a few other states have put in place similar provisions, California is the first state to address the issue with a statewide law. It’s an encouraging accomplishment.images-1

Meanwhile, things seem to be going in the opposite direction in Florida, as Huffington Post reported today:

“In Miami-Dade, it’s still legal to fire, deny housing, refuse services, or just plain discriminate against an individual for being transgender. That’s because a proposed amendment to protected transgendered people under Miami-Dade County’s anti-discrimination law failed this week — and advocates are blaming “chief obstructionist” Commissioner Lynda Bell in particular. In May, the county’s largest gay rights group, SAVE Dade, introduced a”TransEquality” campaign “to pass a trans-inclusive countywide Human Rights Ordinance” that would amend Miami-Dade’s 1998 anti-discrimination law. The law protects gays and lesbians, but doesn’t include language for transgender rights.

“The proposal seemed on track when, sponsored by Commissioners Bruno Barreiro and Audrey Edmonson, it passed on its first reading with an 11-1 vote — with Bell casting the lone vote against it, according to the Miami Herald. The amendment then went to the Health and Social Services Committee, of which Bell is a member. But before the committee hearing, the Christian Family Coalition of Miami-Dade County — an “ally” of Bell that has previously endorsed her — sent an illustrated emailurging members to show up to a public discussion. It referred to the proposal as “a dangerous law,” warning that it would “force all places to open bathrooms and dressing rooms to ‘transsexuals.'” A second flyer warned the proposal was “another excuse to discriminate against Christians” and could lead to lawsuits against religious schools.”

 

More at: http://www.huffingtonpost.com/2013/08/14/miami-dade-transgender-rights_n_3755340.html

Assailing the victims

imagesHeightened awareness of students’ rights and colleges’ obligations under Title IX of the Education Amendments of 1972, which prohibits sex discrimination, has led to a wave of protests.With increasing frequency, women are filing federal complaints against colleges accused of failing to address sexual assault.

Now, InsideHigher Ed reports that “two men who left two different colleges after being accused of sexual assault have filed their own lawsuits alleging that administrators violated their due process by mishandling the investigations and campus judicial proceedings that led to their expulsion and withdrawal. It’s an unusual (but not unprecedented) legal approach, utilizing a federal statute designed to protect the people who historically have been victimized by institutional discrimination. To make a successful case under Title IX, the men must demonstrate that they were discriminated against based on their status as males.

“Lawyers and Title IX experts say that’s unlikely.

“Title IX protects the victim because it was put in place to do that – because there aren’t other sorts of protection,” said Erin Buzuvis, a professor at Western New England School of Law and founder of the Title IX Blog. “Neither of these students have prevailed in demonstrating what happened to them was sex discrimination.”

“However, they might have cases for violation of due process – just not necessarily under Title IX. Separately, the students are also arguing negligence and breach of contract, saying campus officials conducted cursory investigations, allowed the accuser special treatment at disciplinary hearings, and ignored evidence, including Facebook messages exchanged after the alleged assault.

“Most of the women who have filed Title IX complaints against a handful of colleges over the past couple of years have said they were raped by fellow students, and administrators did not effectively respond to their complaints. Campuses including the University of North Carolina at Chapel Hill, Occidental College, Swarthmore College and theUniversity of Southern California are all under federal investigation stemming from complaints students filed with the U.S. Education Department’s Office for Civil Rights. In April 2011, OCR laid out its expectations for how colleges should prevent sexual assault and respond to complaints, including having effective policies for investigations and judicial proceedings. The women who file those complaints are often said to have been “re-victimized” by inadequate administrative response. In contrast, the men who filed complaints last month against Saint Joseph’s University and Vassar College are alleged perpetrators who are in effect claiming they were victimized by a system set up against them.”

Read more: http://www.insidehighered.com/news/2013/08/09/accused-rape-men-allege-discrimination-under-title-ix#ixzz2bXk47Rhq
Inside Higher Ed

Major ruling for transgender students

Last week’s settlement between the U.S. Education Department’s Office for Civil Rights and a California school district may have been issued at the K-12 level, but the newly clear message that federal laws prohibit discrimination based on gender identity applies to colleges too, experts say.

Inside Higher Ed reports that “The U.S. Departments of Justice and Education jointly determined that California’s Arcadia School District violated Title IX of the Education Amendments of 1972, imgreswhich prohibits sex discrimination, by barring a transgender student from sex-specific facilities and activities. All schools and colleges receiving federal funds are obligated to comply with Title IX or risk losing that funding.

“In a 2010 “Dear Colleague” letter, OCR said schools must work to prevent gender nonconformity discrimination — when, for example, a student who is assigned a male sex at birth but does not act as a stereotypical boy (maybe by using female pronouns, or wearing dresses) is bullied.

“But this resolution agreement takes that a step further by covering gender identity discrimination — when the same student described above is barred from using the female restroom. She is not being excluded because she doesn’t act like a stereotypical boy and is therefore nonconforming, but because she has a transgender gender identity; her identity doesn’t match the sex she was assigned at birth. Continue reading “Major ruling for transgender students”

Teaching the civil rights movement

Much has changed in the past 50 years, since the height of the Civil Rights movement. But how do you teach the Civil Rights to kids who haven’t ever experienced it? In Jackson, Miss., Fannie Lou Hamer Institute’s Summer Youth Workshop tackles that question, reports NPR today.imgres

“Take 13-year-old Jermany Gray, for instance. Gray and his fellow students are all African-American, and many of them are from Jackson. They’re familiar with the struggle for civil rights — they read about it in text books and saw it in museum exhibits. But for most, it’s a story that ended long before they were even born. Gray has no problem talking about what the Civil Rights movement was back in the ’60s, but when asked what it means to him these days, the answer doesn’t come as easily.

“What does it mean? I’ll have to think about that question,” he said. “Maybe I can answer that at the end of the week.”That’s the typical challenge, according to Michelle Deardorff who is the chair of political science at Jackson State and who also helped found the Hamer Institute. “The image I give when I talk about this is a tree, and the tree is democracy. And a chain link fence was around it,” said Deardorff, who used the idea of the fence to represent racism and slavery. “And as the tree grew, it grew around the fence. We’ve now pulled the fence out… but the tree is shaped by it forever.” Continue reading “Teaching the civil rights movement”

Arts feminism considered

Sometimes people claim that we don’t need feminism any more. Women have rights, they argue, so what more could they possibly want or need?

A recent post from the UK office of Huffington Posts carries an essay saying: “One only needs to look around the world at the terrible situation for many girls and women to realise that feminism is still necessary and vital. But even once females have better living conditions and more rights, feminism still has a role to play as women try to shape careers.images-7

“Several recent news stories have made it clear that women are way behind when it comes to careers in the arts.

“VIDA’s overview of who got published in literary magazines in 2012 suggests that it is still – no surprise – overwhelmingly men. Not only is it men who more often get their literary work published, but it is also primarily men who get their work reviewed and who are the reviewers, too. Continue reading “Arts feminism considered”

The immigration bill’s new complication

The most serious threat to bipartisan immigration reform doesn’t involve border security or guest workers or even the path to citizenship. It’s about LGBT rights, reports Politicoimages

“Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) has told advocates that he will offer an amendment during the bill markup next week allowing gay Americans to sponsor their foreign-born partners for green cards, just as heterosexual couples can. The measure is likely to pass because Democrats face pressure from gay rights advocates to deal with it in committee, rather than on the Senate floor, where the odds of passage are far less favorable.

“But by doing so, Republicans warn that Democrats will tank the whole bill.

“It will virtually guarantee that it won’t pass,” Sen. Marco Rubio (R-Fla.), a member of the Gang of Eight negotiating group, told POLITICO in a brief interview. “This issue is a difficult enough issue as it is. I respect everyone’s views on it. But ultimately, if that issue is injected into this bill, the bill will fail and the coalition that helped put it together will fall apart.” Continue reading “The immigration bill’s new complication”

Elizabeth’s fabulous posibility

imgres-1Queen Elizabeth II is expected to sign a new charter for the Commonwealth, a document which many have interpreted as a nod to gay rights, reports Huffington Post.

“On Monday, Queen Elizabeth will sign the Commonwealth Charter which lays out the core values of the 54 member states, NPR notes. One particular line in this document is making headlines around the world because people have interpreted it as the first time Queen Elizabeth will openly support gay rights in her 61-year reign. Continue reading “Elizabeth’s fabulous posibility”

“The Civil rights issue of our time”

urlAs America continues to grow and morph as a social melting pot of differences, the issue of civil rights of each group rises to the forefront of our attention and becomes a matter to which law enforcement personnel must adjust. We adjusted during the ’60s and ’70s, evolving to recognize the rights of women and African Americans. We also evolved during the ’90s to recognize the rights of lesbians and gays. Law enforcement, often the social leadership of American society, has also become diversified with the addition of women and minorities, as well as gay and lesbian officers, within their ranks. Continue reading ““The Civil rights issue of our time””

Banning smoking in psychiatric facilities

A few days ago, Worlding.org presented an item about the high prevalence of smoking among people with mental health diagnoses.

Now comes word that the problem has been exacerbated in psychiatric facilities that, unlike most hospitals, routinely tolerate or even encourage smoking. All that is about to change, as the New York Times reports:

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“After decades in which smoking by people with mental illness was supported and even encouraged — a legacy that experts say is causing patients to die prematurely from smoking-related illnesses — Louisiana’s move reflects a growing effort by federal, state and other health officials to reverse course. But these efforts are hardly simple given the longstanding obstacles. Continue reading “Banning smoking in psychiatric facilities”

Most think government threatens their rights

The latest national survey by the Pew Research Center for the People & the Press, conducted Jan. 9-13 among 1,502 adults, finds that 53% think that the federal government threatens their own personal rights and freedoms while 43% disagree. According to Pew,

“In March 2010, opinions were divided over whether the government

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represented a threat to personal freedom; 47% said it did while 50% disagreed. In surveys between 1995 and 2003, majorities rejected the idea that the government threatened people’s rights and freedoms.

“The growing view that the federal government threatens personal rights and freedoms has been led by conservative Republicans. Continue reading “Most think government threatens their rights”

School sports and disability rights

Recent federal action on school sports programs could do for disabled students what Title IX did for women and girls.

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For the first time, federal officials are telling school districts that they must offer students with disabilities equal access to school sports, reports today’s edition of DisabilityScoop, continuing:

“In guidance issued Friday to districts across the country, the U.S. Department of Education’s Office for Civil Rights said that children with disabilities have the right to participate in their school’s extracurricular activities under Section 504 of the Rehabilitation Act.

“Accordingly, the agency said that students with intellectual, developmental, physical and other types of disabilities should be afforded opportunities to play for their school teams with modifications, aids and services as needed. Continue reading “School sports and disability rights”

Civil rights and wrongs

“By 1968, President Lyndon Johnson — a man brought into office by an assassin’s bullet — had already convinced Congress to pass the 1964 Civil Rights Act and the Voting Rights Act the following year,” states a Huffington Post editorial today.

“The bills put the full force of federal law behind the rights of black and other disenfranchised Americans to vote and use a wide variety of public facilities. But one other measure that Johnson and many civil rights activists saw as essential

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— The Fair Housing Act — had languished in Congress for three years. In April of that year, Congress finally passed the bill. It was just days after another assassin’s bullet sliced through Martin Luther King Jr.’s neck and jaw, killing the civil rights leader in Memphis.

“Nearly 45 years later, the desire to memorialize King and his nonviolent struggle for a broad range of civil, labor and economic rights, has changed. Continue reading “Civil rights and wrongs”

Sweden suspends forced sterilizations

Eugenics is the practice of interfering (often coercively) in human reproduction to encourage or discourage certain traits from being passed along to offspring.

Reports from Sweden this week indicate suspension of a 40-year old Swedish law, requiring transexuals to

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divorce their spouses and undergo involuntary sterilization. Enacted in 1972, the law had been imposed by Swedish authorities on those seeking to change their legal identities following sex change surguryd

The forced sterilization of transgender men and women was officially banned on Jan. 10. After appeals were made by the European Convention on Human Rights, the law was deemed unconstitutional.

Transgender women and men who underwent sterilization procedures in order to have their new identity made official are now asking the government to provide compensation for emotional and financial damages they may have endured at the hand of the 1972 law. As reported in examiner.com, “The head of the Swedish Federation for Lesbian, Gay, Bisexual, and Transgender Rights (RFSL) Ulrika Westerlund commented: ‘If lawmakers take the initiative to adopt a law outlining damages, we will not file a lawsuit.’ Sterilization is not a topic to be taken lightly. Many people wrongfully assume that if someone undergoes a sex change they cannot or do not want to have children. In fact, attitudes toward parenting within the transgender community are quite diverse and continue to change as views and definitions of the concept of family itself continue to evolve and change. organization like transparentcy.org provide information and resources on the issue.

 

Full story at: http://www.examiner.com/article/transgender-forced-sterilization-ban-sweden-effective-jan-10

Cuba still leading in human rights

“Last May I had the pleasure of hearing Mariela Castro, daughter of current Cuban president Raúl Castro and niece of the infamous dictator Fidel Castro, speak while she was visiting on her extremely controversial trip to the United States,” imgres-4writes David Duran on todays’ Huff Post. “ The following night I was fortunate enough to be granted direct access to her at a private event where I was able to hear more about her efforts to change Cuba with respect to human rights issues, particularly LGBT rights”.

“Mariela’s mother, Vilma Lucila Espín Guillois, was a revolutionary who was the head of the Federation of Cuban Women and helped change policy and the lives of women in her country. Continue reading “Cuba still leading in human rights”

The Civil Rights issue of our time

“While there’s still a lot more work to be done, 2012 saw some remarkable milestones for transgender people both in the U.S. and abroad,” said today’s Huffington Post in the beginning of its 2012 year-in-review series8206734246_75149a2eb2_z

“From Vice President Joe Biden declaring transgender rights as the ‘civil rights issue of our time,” to the huge update made by the American Psychiatric Association to its Diagnostic And Statistical Manual Of Mental Disorders, trans acceptance has certainly made some enormous strides this year.

“We even saw one of our favorite TV shows, ‘Glee,’ include a transgender character in its diverse cast, and the transgender flag was flown in place of the iconic rainbow flag at Harvey Milk Plaza in San Francisco for the first time ever.

Check out some more phenomenal transgender stories from 2012 in our roundup below and be sure to let us know what other moments captured your attention in the comments section.”

For more on this story, see “2012 Top Transgender Moments” in Huffington Post: http://www.huffingtonpost.com/2012/12/22/top-transgender-moments-stories-2012_n_2347346.html?utm_hp_ref=gay-voices

Trouble for cats at Hemingway Museum

Apparently, visitors to Key West’s Ernst Hemingway Museum are often tickled by all of the weird cats the place has. Yes cats.  in fact, pthe lace is overrun with cats who all have six toes

“The so-called Hemingway cats — who for generations have stretched out on Hemingway’s couch, curled up on his pillow and mugged for the Papa-razzi,”  reports todays New York Times. “Tour guides recount over and over how the gypsy cats descend from Snowball, a fluffy white cat who was a gift to the Hemingways.images Seafaring legend has it that polydactyl cats (those with extra toes) bring a bounty of luck, which certainly explains their own pampered good fortune.

“But it seems the charms of even 45 celebrated six-toed cats have proved powerless against one implacable foe: federal regulators.

“The museum’s nine-year bid to keep the cats beyond the reach of the Department of Agriculture ended in failure this month. The United States Court of Appeals for the 11th Circuit ruled that the agency has the power to regulate the cats under the Animal Welfare Act, which applies to zoo and traveling circus animals, because the museum uses them in advertisements, sells cat-related merchandise online and makes them available to paying tourists.

“In other words, the cats are a living, breathing exhibit and require a federal license.

“’The most ludicrous part of the whole thing is that if we were really dealing with the health and welfare of the cats, this would have never been an issue,’ said Michael A. Marowski, the great-nephew of the woman who bought the Hemingway house in 1961, the year Hemingway died, and opened it as a museum in 1964.”

Full story at: http://www.nytimes.com/2012/12/23/us/cats-at-hemingway-museum-draw-a-legal-battle.html?partner=rss&emc=rss&_r=0