Analysis Law and Policy

North Carolina: Marriage Rights (but Not Equal Rights) on the May 8th Ballot

Susanna J. Smith

North Carolina polls are open for early voting in the primary election, and the rights of unmarried couples are being put to a public referendum.

North Carolina polls are open for early voting in the primary election, and the rights of unmarried couples are being put to a public referendum.

I voted against North Carolina’s Amendment One, which seeks to amend the state constitution “to provide that marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in th[e] state.”

A recent Pew poll shows that nationally support for gay marriage is higher than ever —47 percent of Americans in favor of it; 43 percent opposing — but North Carolinians have tended to be less progressive on the issue. When Amendment One was introduced last September, public opinion polls reported that only 31 percent of North Carolinians were in favor of legalizing gay marriage, and 61 percent favored keeping it illegal.

The fate of the amendment to ban civil unions and gay marriage will be decided on May 8th, the official primary election day. Already at least one lawmaker, who played a critical role in getting the amendment on the ballot, has changed his mind about supporting it.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

State Representative James Crawford was one of ten Democrats who supported putting the measure on the ballot. He has since said publicly he will vote against the amendment, it goes too far, amid impassioned outcries from constituents in the gay community.

Public opinion on the amendment is also changing, and advocates seeking to prevent the amendment’s passage are gaining ground. A new poll released last week shows:

  • 53 percent of North Carolina voters support either marriage or civil unions for gay couples; 44 percent oppose the recognition of same-sex unions.
  • 40 percent of North Carolina voters now report opposing the amendment, while 54 percent plan on supporting it.

However, support for same-sex unions does not directly align with opposition to the constitutional amendment, which may reflect voters’ confusion over what Amendment One actually does. Polls suggest that only 36 percent of North Carolina voters understand the amendment’s aim, which is to ban civil unions and gay marriages. Twenty-seven percent of those polled said outright they didn’t know what the amendment did; 26 percent thought the amendment would ban gay marriage only, and 10 percent thought it would legalize gay marriage.

Local religious leaders have come out on both sides of the debate. Michael Curry, Bishop of the Episcopal Diocese opposes the amendment, while Patrick Wooden, pastor of Raleigh’s Upper Room Church of God in Christ, supports it.

But even many local leaders, like Curry and Crawford, who are against the amendment, have skirted discussing the issue of equal marriage rights for all couples and focused instead on how the amendment might affect unmarried couples,’ including heterosexual couples in terms of child custody arrangements, medical decision-making, and health care coverage.

That’s not good enough, in my opinion.

The majority of today’s young people support gay marriage, and I am confident that history will look back on measures like Amendment One as bigotry, even if the North Carolina’s voting majority turns a blind eye to this type of legalized discrimination on May 8th.

Public officials are elected to represent their constituency, and public opinion around gay marriage is changing to favor justice and equality. It is high time for lawmakers, including North Carolina’s lawmakers, to reexamine their views and prejudices, to stop writing discriminatory laws, and offer thoughtful leadership and how the state can better support the equal rights of all people and all couples, including gay couples.

To learn more about activism against North Carolina’s Amendment One, click here.

Commentary Politics

No, Republicans, Porn Is Still Not a Public Health Crisis

Martha Kempner

The news of the last few weeks has been full of public health crises—gun violence, Zika virus, and the rise of syphilis, to name a few—and yet, on Monday, Republicans focused on the perceived dangers of pornography.

The news of the last few weeks has been full of public health crises—gun violence, the Zika virus, and the rise of syphilis, to name a few—and yet, on Monday, Republicans focused on the perceived dangers of pornography. Without much debate, a subcommittee of Republican delegates agreed to add to a draft of the party’s 2016 platform an amendment declaring pornography is endangering our children and destroying lives. As Rewire argued when Utah passed a resolution with similar language, pornography is neither dangerous nor a public health crisis.

According to CNN, the amendment to the platform reads:

The internet must not become a safe haven for predators. Pornography, with its harmful effects, especially on children, has become a public health crisis that is destroying the life [sic] of millions. We encourage states to continue to fight this public menace and pledge our commitment to children’s safety and well-being. We applaud the social networking sites that bar sex offenders from participation. We urge energetic prosecution of child pornography which [is] closely linked to human trafficking.

Mary Frances Forrester, a delegate from North Carolina, told Yahoo News in an interview that she had worked with conservative Christian group Concerned Women for America (CWA) on the amendment’s language. On its website, CWA explains that its mission is “to protect and promote Biblical values among all citizens—first through prayer, then education, and finally by influencing our society—thereby reversing the decline in moral values in our nation.”

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

The amendment does not elaborate on the ways in which this internet monster is supposedly harmful to children. Forrester, however, told Yahoo News that she worries that pornography is addictive: “It’s such an insidious epidemic and there are no rules for our children. It seems … [young people] do not have the discernment and so they become addicted before they have the maturity to understand the consequences.”

“Biological” porn addiction was one of the 18 “points of fact” that were included in a Utah Senate resolution that was ultimately signed by Gov. Gary Herbert (R) in April. As Rewire explained when the resolution first passed out of committee in February, none of these “facts” are supported by scientific research.

The myth of porn addiction typically suggests that young people who view pornography and enjoy it will be hard-wired to need more and more pornography, in much the same way that a drug addict needs their next fix. The myth goes on to allege that porn addicts will not just need more porn but will need more explicit or violent porn in order to get off. This will prevent them from having healthy sexual relationships in real life, and might even lead them to become sexually violent as well.

This is a scary story, for sure, but it is not supported by research. Yes, porn does activate the same pleasure centers in the brain that are activated by, for example, cocaine or heroin. But as Nicole Prause, a researcher at the University of California, Los Angeles, told Rewire back in February, so does looking at pictures of “chocolate, cheese, or puppies playing.” Prause went on to explain: “Sex film viewing does not lead to loss of control, erectile dysfunction, enhanced cue (sex image) reactivity, or withdrawal.” Without these symptoms, she said, we can assume “sex films are not addicting.”

Though the GOP’s draft platform amendment is far less explicit about why porn is harmful than Utah’s resolution, the Republicans on the subcommittee clearly want to evoke fears of child pornography, sexual predators, and trafficking. It is as though they want us to believe that pornography on the internet is the exclusive domain of those wishing to molest or exploit our children.

Child pornography is certainly an issue, as are sexual predators and human trafficking. But conflating all those problems and treating all porn as if it worsens them across the board does nothing to solve them, and diverts attention from actual potential solutions.

David Ley, a clinical psychologist, told Rewire in a recent email that the majority of porn on the internet depicts adults. Equating all internet porn with child pornography and molestation is dangerous, Ley wrote, not just because it vilifies a perfectly healthy sexual behavior but because it takes focus away from the real dangers to children: “The modern dialogue about child porn is just a version of the stranger danger stories of men in trenchcoats in alleys—it tells kids to fear the unknown, the stranger, when in fact, 90 percent of sexual abuse of children occurs at hands of people known to the victim—relatives, wrestling coaches, teachers, pastors, and priests.” He added: “By blaming porn, they put the problem external, when in fact, it is something internal which we need to address.”

The Republican platform amendment, by using words like “public health crisis,” “public menace” “predators” and “destroying the life,” seems designed to make us afraid, but it does nothing to actually make us safer.

If Republicans were truly interested in making us safer and healthier, they could focus on real public health crises like the rise of STIs; the imminent threat of antibiotic-resistant gonorrhea; the looming risk of the Zika virus; and, of course, the ever-present hazards of gun violence. But the GOP does not seem interested in solving real problems—it spearheaded the prohibition against research into gun violence that continues today, it has cut funding for the public health infrastructure to prevent and treat STIs, and it is working to cut Title X contraception funding despite the emergence of Zika, which can be sexually transmitted and causes birth defects that can only be prevented by preventing pregnancy.

This amendment is not about public health; it is about imposing conservative values on our sexual behavior, relationships, and gender expression. This is evident in other elements of the draft platform, which uphold that marriage is between a man and a women; ask the U.S. Supreme Court to overturn its ruling affirming the right to same-sex marriage; declare dangerous the Obama administration’s rule that schools allow transgender students to use the bathroom and locker room of their gender identity; and support conversion therapy, a highly criticized practice that attempts to change a person’s sexual orientation and has been deemed ineffective and harmful by the American Psychological Association.

Americans like porn. Happy, well-adjusted adults like porn. Republicans like porn. In 2015, there were 21.2 billion visits to the popular website PornHub. The site’s analytics suggest that visitors around the world spent a total of 4,392,486,580 hours watching the site’s adult entertainment. Remember, this is only one way that web users access internet porn—so it doesn’t capture all of the visits or hours spent on what may have trumped baseball as America’s favorite pastime.

As Rewire covered in February, porn is not a perfect art form for many reasons; it is not, however, an epidemic. And Concerned Women for America, Mary Frances Forrester, and the Republican subcommittee may not like how often Americans turn on their laptops and stick their hands down their pants, but that doesn’t make it a public health crisis.

Party platforms are often eclipsed by the rest of what happens at the convention, which will take place next week. Given the spectacle that a convention headlined by presumptive nominee (and seasoned reality television star) Donald Trump is bound to be, this amendment may not be discussed after next week. But that doesn’t mean that it is unimportant or will not have an effect on Republican lawmakers. Attempts to codify strict sexual mores are a dangerous part of our history—Anthony Comstock’s crusade against pornography ultimately extended to laws that made contraception illegal—that we cannot afford to repeat.

Analysis Politics

Conservative Attacks on Voting and Abortion Rights Share Tactics, Goals

Ally Boguhn

The pushes for voting and abortion restrictions use similar tactics, slowly eroding the rights of women, people of color, and those with low incomes in particular.

During a May interview with the Texas Observer‘s Alexa Garcia-Ditta, Planned Parenthood President Cecile Richards didn’t skip a beat when pointing to the likely effect of voting restrictions.

“One of the greatest challenges, absolutely, in the state of Texas is the enormous hurdles that people have to go through to vote, and the fact that in the last election, we were 50th in voter turnout of 50 states,” said Richards. “That’s appalling. When 28 percent of the voters go to the polls, the democratic process isn’t working, it’s completely broken. I believe we have to completely address voting rights in this country, and in Texas.”

Texas is one of 17 states to implement new voting restrictions, such as voter identification laws and reduced early voting, for the first time during the 2016 presidential election, according to the Brennan Center for Justice, a nonpartisan law and policy institute at New York University’s School of Law. Those states include Alabama, Arizona, Georgia, Indiana, Kansas, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and Wisconsin.

Voting and Abortion Restrictions

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

“This is part of a broader movement to curtail voting rights, which began after the 2010 election, when state lawmakers nationwide started introducing hundreds of harsh measures making it harder to vote,” explains the Brennan Center’s website. “Overall, 22 states have new restrictions in effect since the 2010 midterm election.”

The Republican-led charge to roll back voting rights has been fairly transparent in its goal of suppressing Democratic votes, specifically targeting voters of color and those living in poverty—a goal only made easier after the Supreme Court gutted parts of the Voting Rights Act (VRA) that safeguarded against these strategies in a 2013 decision.

In April, Rep. Glenn Grothman (R-WI) told a local news network that his state’s new voter ID law would make “a difference” in electing members of his party in November. And he is hardly the first Republican to admit that the party is utilizing this strategy in order to gain power.

Efforts to enact voting restrictions have begun to gain steam, increasingly in many of the same places where abortion restrictions are also being passed. And reproductive rights and justice advocates are taking notice. NARAL Pro-Choice America in 2012 noted that efforts to chip away at voting rights effectively silence the ability of many to weigh in on decisions regarding their bodies.

“Americans defend the right to choose by lobbying their elected officials, taking action in their communities, and participating in the public debate, but no single deed is as central to the civic process as the simple act of casting a vote,” Nancy Keenan, then president of NARAL, said in a statement announcing the decision. “That is why recent efforts to restrict citizens’ access to the ballot box are so dangerous. These measures threaten to deny millions of Americans the right to vote, silencing their voices as the nation debates our most cherished freedoms, including the right of every woman to make personal decisions regarding the full range of reproductive choices.”

Ilyse Hogue, NARAL’s current president, reaffirmed this commitment after the Supreme Court’s 2013 decision on the VRA, explaining in a statement that year that the organization believes “that participation in the political process is a constitutional right that empowers Americans to elect leaders who represent their interests in important areas such as reproductive rights.”

When thousands joined the Moral March in Raleigh, North Carolina in February 2014 to protest conservative policies such as the state’s restrictive voter suppression laws, Planned Parenthood was among the event’s 150 coalition partners. In a piece for the Huffington Post, Richards explained why it was imperative for her organization to get involved.

“For Planned Parenthood, the ideology behind these measures is all too familiar. They were put in place by politicians who would rather transport us through a time warp where only the privileged few have access to fundamental American rights,” wrote Richards. “Many of those states [passing voting restrictions] are the same ones passing restriction after restriction on women’s access to health care.”

“The history of our country shows that we are better off when everyone has a voice in our political process. We continue to stand with our partners in calling for laws that make it easier—not harder—to vote,” Richards continued.

As the aftermath of the 2010 midterm elections brought a wave of voting restrictions, a crush of anti-choice laws similarly swept the country. Since those elections, an unprecedented 288 state-level abortion restrictions have been enacted.

“To put that number in context, states adopted nearly as many abortion restrictions during the last five years (288 enacted 2011-2015) as during the entire previous 15 years (292 enacted 1995-2010),” Guttmacher researchers explained in a recent report outlining the state of reproductive rights in the country.

The pushes for voting and abortion restrictions use similar tactics, slowly eroding the rights of women, people of color, and those with low incomes. “It’s a ‘death by 1000 cuts’ strategy,” Heather Gerken, a professor at Yale Law School, told MSNBC of the two issues in 2014. “For both of these rights, you’re not allowed to ban it. So in each instance you’re just making it harder than it would be otherwise.”

Conservatives have been able to do this by leveraging misinformation about the two issues. Abortion and voting restrictions “both address manufactured problems,” Sondra Goldschein, director of advocacy and policy at the American Civil Liberties Union (ACLU), told Rewire. “They have thinly veiled excuses for introducing them. Whether it’s unproven voter fraud or concerns about women, the legislation is clearly about taking away rights, particularly in marginalized communities.”

For example, many voting restrictions are implemented based on false claims about the prevalence of voting fraud. In Wisconsin, where as many as 300,000 registered voters stand to be disenfranchised by the state’s restrictive voter ID law, Republican Gov. Scott Walker justified suppressing the vote by citing instances of fraudulent voting. When challenged in court, the state was unable to come up with a single case of voter impersonation.

That is likely because in Wisconsin, like in the rest of the country, voter fraud is virtually nonexistent. Study after study has found little to no evidence to support the claim. An analysis conducted by the Washington Post‘s Justin Levitt in 2014 found just 31 instances of voter fraud in the more than one billion ballots cast between the years 2000 and 2014.

Many abortion restrictions are similarly based on the perpetuation of misinformation, which are often based on conservatives feigning concern for women’s health. Wisconsin provides yet another prime example of this with its 2013 targeted regulation of abortion providers (TRAP) law, which required all doctors performing abortions in the state to obtain admitting privileges to hospitals within a 30-mile range, justified by claims of safeguarding women’s health. But when the Seventh U.S. Circuit Court of Appeals ruled the law unconstitutional in 2015, Judge Richard Posner, writing for the majority, noted that the medical necessity for such laws is “nonexistent” and the regulations were instead meant to impede abortion access.

“They may do this in the name of protecting the health of women who have abortions, yet as in this case the specific measures they support may do little or nothing for health, but rather strew impediments to abortion,” wrote Posner.

Though it’s often clear that legislation to restrict access to the polls and abortion share similar goals and tactics—employing misinformation, attempting to dissuade people from access by making doing so too expensive or burdensome, and so on—in some cases, states are borrowing from the exact same playbooks to make laws to get their way. In Texas, where there is already a strict voter ID law, the state passed another law in 2015 requiring abortion providers to ask for “valid government record of identification” from patients to prove they are 18 before providing care. The process of obtaining a valid form of ID is often difficult, time-consuming, and expensive, especially for those in marginalized communities.

Much like the case for voting restrictions, abortion restrictions help white men maintain the status quo of power across the country. Drawing connections between between voting restrictions and TRAP laws in Texas, then-Rewire reporter Andrea Grimes, who now works for the Texas Observer, noted on the RJ Court Watch podcast that both conservative restrictions help ensure those in power maintain their positions.

“We [in Texas] have some of the strictest TRAP (targeted restrictions on abortion providers) legislation in the country. At the same time we have what one federal judge straight up called racist and unconstitutional voter ID requirements that prevent people from being able to get out to the polls and cast their votes,” said Grimes. “And these two things together kind of ensure that power stays with the powerful. That’s what we’re seeing right now here.”

“[B]oth voting rights and abortion access involve fundamental rights,” added Jessica Mason Pieklo, Rewire‘s vice president of law and the courts. “In theory, fundamental rights are fundamental. They are things that we all hold but really what we’re talking about is access to power. So when we place restrictions on those rights, we make it harder to exercise them—which makes it harder to effectively engage our civic power.”

When framed as a desperate attempt by the GOP to maintain a hold on their power dynamics, it comes as no surprise that many of the very same states pushing through voting restrictions are also moving to restrict abortion access. During 2015 alone, 57 abortion restrictions were enacted across the country. Of the massive push to restrict abortion since 2010, ten states enacted more than ten restrictions: Arizona, North Dakota, South Dakota, Kansas, Oklahoma, Texas, Arkansas, Indiana, Alabama, and North Carolina.

These lists have remarkable crossover with the states that have enacted new voting restrictions in that same period of time: Alabama, Arizona, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

The end result for both kinds of restrictions is the same: a massive sweep of nationwide changes chipping away at the fundamental rights of Americans and disproportionately affecting women, communities of color, and those living in poverty.
Those pushing through these laws “are not just focusing on one state, but they are looking at creating change across the whole country, through each individual state-by-state attack on these fundamental freedoms,” explained Goldschein.

Goldschein went on to note that conservatives’ success in pushing these restrictions demonstrates the importance of voting, especially for down-ballot seats in the state legislature where many of these decisions are made. “State legislatures are ground zero in the fight for civil liberties, and they do not always attract as much attention as the debates in Congress or arguments in the Supreme Court, but in fact they are really the source of unprecedented assaults on our most fundamental rights,” she explained.

“This year … 80 percent of our state legislature seats are up for re-election, and we need voters to be paying attention to what is happening in those state legislatures and then to hold politicians accountable and vote as if their liberties depend on it—because they do—because this is where these fights are taking place.”