Analysis Politics

Walker’s Record on Social Policy Reveals a Governor Not Terribly Concerned About the Kinds of Violence He Now Decries

Robin Marty

Scott Walker decries abortion and violence against children, but his budget prorities have included deep cuts in services for violence prevention, child security, reproductive health, and women's rights.

In about 24 hours the polls will open and the voters of Wisconsin will decide whether Republican Governor Scott Walker should continue the rest of his term, or be replaced by former Milwaukee mayor, Democrat Tom Barrett.

The governor and potential governor may be running nearly identical campaign paths during the final hours of the race, even crossing paths at a local breakfast in an attempt to rally supporters. Their records, on the other hand, couldn’t be any further apart.

Walker and Barrett were already a study in contrasts when they ran this race once already back in 2010. Walker, a former county executive as well as a state legislator, has attacked Barrett most recently on his record as the mayor of Milwaukee, saying Barrett’s claim that violent crime went down under his tenure was a sham. “Violent crime rate has not gone down. I think if it was worth to say that people should vote for you in the primary because it had gone down, the same question is completely legitimate in reverse. Violent crime has gone up, sadly,” accused Walker in last week’s debate.

Walker may have a keen interest in Milwaukee’s violent crime rate at that point, but violence wasn’t nearly as high on his list of priorities as Milwaukee’s county executive, at least not when it involved women. Walker allowed violent male mental health patients to be housed in the same ward as female patients as a cost-cutting measure, and then refused to adequately staff the facility on top of it. In 2010 reporter Emily Mills noted that “the direct result that the incidences of sexual assault skyrocketed – something then-administrator John Chianelli described as an acceptable ‘trade-off’ to help lower rates of overall violence.”

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Mills also called Walker the embodiment of “negligence, incompetence and blind ideology.”  It’s that blind ideology that has most influenced the first years of his term.  Since his election, Walker has managed to roll back every piece of reproductive health policy in the state. Although it has mostly been his attacks on labor and bargaining rights that have angered so many in the state, it is likely his policies regarding abortion, birth control, and access to health care have affected the largest portion of the state’s population.

Walker’s first proposed budget began with immediate moves to strip funding for contraception from Medicaid, followed by defunding the Title V program that provided health care such as exams, testing, screenings, and treatment to low-income men and women in the state.

Walker also oversaw the repeal of the Healthy Youth Act, a bill that required all sexual education classes taught in Wisconsin schools be medically-accurate, age-appropriate, and use evidence-based strategies to reduce teen pregnancies and sexually transmitted infections. Also in that vote was a ban on allowing women to purchase their own abortion coverage in insurance plans, even if they paid for it out of their own pockets.

Finally, Walker signed even more anti-women bills in near silence, slipping them out to the media right before Good Friday in an effort to bury them. One bill banned abortions in the state health insurance exchange. The other forced women to meet in person with a doctor at various times when using the drug RU-486 to abort despite not being part of standard medical care, a move that caused Planned Parenthood of Wisconsin to stop providing medication abortions in April, and all other clinics to follow suit a few weeks later.

But it wasn’t just women who felt the brunt of Walker’s policies. Although Walker expressed a great deal of concern for the 2-year old beating victim in his campaign commercial, his compassion for other children doesn’t come to the forefront.  Walker proposed cuts to childcare subsidies as a way to try to balance the state budget, claiming it would eliminate fraud and save money. But childcare workers were less enthused about the idea. 

The Wisconsin Council on Children and Families has raised concerns that the new policy to shift to attendance payments over enrollments would amount to a 5% cut or more for providers. Taken with years of stagnant reimbursement rates for providers, it may make them less willing to take on Wisconsin Shares children, said Jon Peacock, research director for the council.

“A child-care provider can’t be like an airline, where you anticipate some no-shows and overbook and tell some kids (to) go across town,” Peacock said.

And Walker’s own cuts to public safety budgets have been criticized by the National Association of Police Organizations:

“Scott Walker’s divisive tactics and his drastic cuts to public safety funding will make Wisconsin’s communities and the officers that police them less safe,” claimed NAPO President Thomas Nee in a statement.

Walker made it clear in Friday’s debate that he believed every aspect of Barrett’s record was “fair game” that needed to be examined prior to the June 5th vote.  Obviously, Walker’s record deserves the same scrutiny as well.

Roundups Politics

Campaign Week in Review: Clinton Hits Back Against GOP’s Voter Suppression Efforts

Ally Boguhn

“When [Scott] Walker's Republican allies sat down to write this voter ID law, they knew full well it would unfairly target communities of color and prevent 300,000 mostly poor, elderly and student Wisconsinites from voting,” Clinton wrote. “In fact, that was the whole idea.”

Donald Trump secured enough delegates to win the Republican presidential nomination this week, and Democratic candidate Hillary Clinton sounded off on GOP-imposed voting restrictions.

Associated Press Declares Trump the Republican Nominee

Trump has won enough delegates to become the nominee for the Republican Party, according to a Thursday count by the Associated Press (AP).

Trump’s victory comes as little surprise given that he was only ten delegates away from the nomination after winning Tuesday’s primary contest in Washington state. According to AP, a count including unbound delegates was enough to put the presumptive nominee over the edge:

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The New York businessman sealed the majority by claiming a small number of the party’s unbound delegates who told the AP they would support him at the national convention in July. Among them was Oklahoma GOP chairwoman Pam Pollard.

“I think he has touched a part of our electorate that doesn’t like where our country is,” Pollard said. “I have no problem supporting Mr. Trump.”

It takes 1,237 delegates to win the Republican nomination. Trump has reached 1,239 and will easily pad his total in primary elections on June 7.

The billionaire’s win marks the end of a heated primary season. However, the departure of Trump’s rivals from the race doesn’t mean the end of their influence on the election. Former challengers Sen. Ted Cruz (R-TX) and Ohio Gov. John Kasich (R) both control their delegates, “potentially giving them influence over the direction of the party’s platform at the Republican convention July 18-21 in Cleveland,” according to the New York Times.

Abortion rights have been a key issue among GOP candidates battling to showcase their extremism on the subject throughout the race, and may play a large role at the convention. Trump told NBC’s Savannah Guthrie in April that he would “absolutely” look to change the party’s platform on abortion to include exceptions for cases of rape, incest, and life endangerment—much to the dismay of conservatives and anti-choice activists.

Cruz backers and other influential Republicans have reportedly moved to block “language that could be added to the platform or watered down in the existing party roadmap on abortion, transgender rights and same-sex marriage,” according to CNN.

Clinton Pitches Expansion of Voting Rights in Wisconsin Op-Ed

Clinton pushed her plans to expand voting rights in an op-ed published Wednesday in Wisconsin’s Journal Sentinel.

Clinton used Wisconsin’s voter ID law, which may have disenfranchised as many as 300,000 voters in April’s presidential primary, to discuss barriers to voting and the communities they impact. “When Walker’s Republican allies sat down to write this voter ID law, they knew full well it would unfairly target communities of color and prevent 300,000 mostly poor, elderly and student Wisconsinites from voting,” Clinton wrote. “In fact, that was the whole idea.”

The former secretary of state noted that laws suppressing voter turnout are popping up in states with GOP-majority legislatures. “From Alabama to South Carolina, to Texas, state legislatures are working hard to limit access to the voting booth,” Clinton wrote. “And since it’s clear we now have to be vigilant everywhere, as president, I would push for taking several additional actions at the national level.”

Over the course of the 2016 election season, 17 states will experience new voting restrictions—including voter ID laws and registration restrictionsfor the first time, according to the Brennan Center for Justice.

Clinton detailed the specifics of her platform to expand voting access. Her four-pronged approach included urging Congress to act on restoring the protections in the Voting Rights Act gutted by the Supreme Court in 2013; implementing reforms to the Presidential Commission on Election Administration pertaining to early and absentee voting; creating a “a new national standard of 20 days of early in-person voting everywhere”; and instituting universal voter registration for all Americans when they turn 18.

Clinton on the campaign trail has repeatedly addressed voting rights and Republican efforts to suppress votes. The Democratic presidential candidate outlined a similar plan to improve access to the polls in a June 2015 speech in Houston, Texas.

“We have a responsibility to say clearly and directly what’s really going on in our country,” Clinton said at the time, according to MSNBC. “What is happening is a sweeping effort to disempower and disenfranchise people of color, poor people, and young people from one end of our country to the other.”

What Else We’re Reading

Of Trump’s 70 paid campaign staff members, 52 of themor roughly 75 percentare men, reports Laura Basset for the Huffington Post. Democratic presidential candidate Bernie Sanders’ campaign also has some troubling gender demographics: none of the ten highest paid employees on staff are women.

Meanwhile, those over at New York Magazine’s The Cut wonder “who are the women who make up 25 percent of Trump’s campaign staff and are they okay?”

The Atlantic details Hillary Clinton’s “Medicare for More” health-care platform.

Would you be surprised if we told you that Trump’s new Christian policy adviser is a televangelist who believes he single-handedly stopped a tsunami and that AIDS is caused by “unnatural sex”?

The [Trump] campaign probably won’t choose “a woman or a member of a minority group” for Trump’s running mate, adviser Paul Manafort told the Huffington Post in an interview published Wednesday. “In fact, that would be viewed as pandering, I think,” Manafort said.

Vox’s Dara Lind explains the problem with Manafort’s admission: “The assumption: The only reason someone might pick a woman or person of color for a job would be because they’re a woman or person of color.”

Trump’s proposals for colleges and universities have at least one thing in common with Sen. Elizabeth Warren (D-MA), but “could lock poor students out of college,” Donald Heller, provost and vice president of academic affairs at the University of San Francisco, writes for the New Republic.

More bad news for the Republican presidential candidate: Many white women living in the suburbs of swing states whose votes are needed for Trump to win the general election just aren’t feeling him. Sad!

“There are more examples of shark attacks in the United States and exploding toilets than there was of voter fraud,” Rep. Rick Larsen (D-WA) said this week, referring to a conservative myth that leads to legislation perpetuating voter suppression. Larsen is a part of the newly-formed Voting Rights Caucus, which was created to “educate the public about their rights as voters, advance legislation that blocks current and future suppression tactics, and brainstorm creative ways to bring our election process into the 21st Century.”

An Ohio court ruled that former Republican presidential candidate Kasich’s efforts to cut early voting days are “unconstitutional and … accordingly unenforceable.” The state of Ohio has filed an appeal to the decision.

Janell Ross examines “the race-infused history” behind the disenfranchisement of those who have been convicted of felonies.

Analysis LGBTQ

North Carolina’s Governor Is Missing the Point in the Fight Over the State’s Anti-Trans Law

Imani Gandy

If history is any indication, North Carolina very well may find itself on the losing end of this fight.

In what promises to be one of the most closely watched legal showdowns of the year, North Carolina and the U.S. Department of Justice (DOJ) filed dueling lawsuits against one another on Monday, each asking a federal court to determine the legality of the anti-trans bathroom discrimination provisions in the state’s recently enacted HB 2.

HB 2 is the grossly discriminatory law that overturns local anti-discrimination laws, bans cities or counties from setting a minimum wage for private employers, and mandates that access to restroom facilities in schools and publicly owned buildings be restricted to the gender on a person’s birth certificate. And even with the relative lack of legal precedent relating to trans people’s civil rights, if history is any indication, North Carolina very well may find itself on the losing end of this fight.

During a Monday press conference, U.S. Attorney General Loretta Lynch announced that the DOJ would be filing a lawsuit seeking a permanent injunction to block the bathroom discrimination provision of HB 2 and accused North Carolina of creating “state-sponsored discrimination against transgender individuals, who simply seek to engage in the most private of functions in a place of safety and security—a right taken for granted by most of us.”

Speaking directly to the transgender community, Lynch said, “[N]o matter how isolated or scared you may feel today, the Department of Justice and the entire Obama Administration wants you to know that we see you; we stand with you; and we will do everything we can to protect you going forward.”

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The DOJ had previously given North Carolina Gov. Pat McCrory (R) the opportunity to avoid the expense and hassle of defending a lawsuit against the United States. Principal Deputy Assistant Vanita Gupta gave McCrory an ultimatum in a letter last week: Confirm that the state of North Carolina would not “comply with or implement” HB 2, or risk a civil rights lawsuit and a curtailment of the nearly $861 million in federal funds North Carolina receives annually. Gupta gave the state until this last Monday to think about it and to notify employees that, consistent with federal law, they are permitted access to bathrooms and other facilities that align with their gender identity.

McCrory responded by filing an utterly pointless lawsuit. North Carolina could have easily saved itself the cost of filing, told the DOJ that it would move ahead with HB 2, and just waited to be slapped with a lawsuit. The cases are going to be consolidated anyway. But wasting taxpayer dollars in the persistent effort to oppress marginalized people seems to be a favorite tactic among states with nothing better to do.

Instead of confirming that he would stop the campaign against trans people, McCrory sued the Obama administration in federal court in North Carolina for its “radical reinterpretation of Title VII of the Civil Rights Act of 1964 which would prevent plaintiffs from protecting the bodily privacy rights of state employees while accommodating the needs of transgendered [sic] state employees.”

Title VII prohibits sex-based employment discrimination, among a number of other protections. According to the tortured analysis in McCrory’s complaint, the DOJ is “ignoring the bodily privacy” of state employees, particularly women and girls who, as a result of bathroom equality, could be vulnerable to assault by any sexual predator claiming to be a woman in order to gain easier access to their prey, despite the fact that there is not a single reported incident of a trans person assaulting anyone in a bathroom.

McCrory’s complaint cites a handful of cases out of the Seventh, Eighth, and Tenth Circuit Courts of Appeal, all of which stand for the proposition that Title VII doesn’t protect transgender people as transgender people per se, and that it doesn’t protect people with “sexual identity disorders.” And besides, McCrory argues, even if transgender employees are covered by Title VII, the statute doesn’t prohibit employers from balancing special circumstances they pose with “the right to bodily privacy held by non-transgender employees in the workplace.”

Even setting aside McCrory’s problematic intimation that transgender employees don’t have the same “right to bodily privacy” that cisgender employees do, McCrory’s complaint misses the point.

The issue is not discrimination against transgender people for being transgender people, but rather, as the DOJ pointed out in its letter to Gov. McCrory, the issue is that discrimination against transgender people is discrimination based upon sex, and discrimination based on sex is a violation of Title VII.

Citing the landmark decision Price Waterhouse v. Hopkins, in which the Supreme Court made it clear that discrimination on the basis of “sex” includes differential treatment based on any “sex-based consideration,” the DOJ noted that federal courts and administrative agencies have applied Title VII to discrimination against transgender individuals based on sex, including gender identity.

In Hopkins, plaintiff Ann Hopkins said she had been denied a promotion at work because she was “too macho.” Her employer told her that she should wear makeup, style her hair, and act more feminine. Six members of the Supreme Court agreed that such comments were indicative of gender discrimination, and held that Title VII barred discrimination because of biological sex, but also barred gender stereotyping—discrimination based on someone failing to act and appear according to expectations defined by gender.

It makes sense that the same principle would apply to transgender people. Ann Hopkins was treated differently at work because she expressed her gender in a manner that did not conform to arbitrary societal standards. Similarly, transgender people who are prohibited from using the bathroom that conforms to their identity are being treated differently than cisgender people, because transgender people, as far as some of the courts are concerned, are not expressing their gender in a manner that parts of society deem suitable.

As the 11th Circuit noted in the 2011 case Glenn v. Brumby, “[a] person is defined as transgender precisely because of the perception that his or her behavior transgresses gender stereotypes. The very acts that define transgender people as transgender are those that contradict stereotypes of gender-appropriate appearance and behavior.”

If cisgender people can use facilities for people who share the biological gender with which they identify, then it is discriminatory to deny transgender people that same personal dignity. Full stop.

McCrory doesn’t seem to understand this and is stuck on the notion of “biological sex”: In his complaint, he protests that “North Carolina does not treat transgender employees differently from non-transgender employees. All state employees are required to use the bathroom and changing facilities assigned to persons of their same biological sex, regardless of gender identity, or transgender status.”

One can imagine making the same argument with respect to, say, racially segregated bathrooms: “All state employees are required to use the bathroom and changing facilities assigned to persons of their same race.”

And one hopes McCrory would agree that such an argument would fall flat on its face.

Ultimately, the fight between the United States and North Carolina is about more than just bathrooms. It’s also about conservative panic about the seeming cultural lawlessness of the Obama administration.

Conservative commentators are caterwauling that the Obama administration is rewriting Title VII and its sister act, Title IX of the United States Education Amendments of 1972—which prohibits discrimination in schools—to advance a transgender agenda. They complain that transgender people are not a protected class under Title VII or Title IX, and that extending the anti-discrimination protections found in those statutes to transgender people requires Congress’ stamp of approval.

Notably, McCrory’s complaint is silent on Title IX, presumably because the Fourth Circuit (which is where North Carolina sits) announced last month that it would defer to the Obama administration’s Title IX guidelines, which require schools that receive public funding to permit transgender students to use bathrooms consistent with their gender identity. The Obama administration reaffirmed this guidance in a letter to public schools on Friday.

The primary complaint of McCrory and his cronies is that the Obama administration is redefining “sex,” and that the new definition far exceeds anything that Congress could have contemplated when it enacted the twin statutes in 1964 and 1972. McCrory’s complaint about the “radical reinterpretation” of Title VII underscores that point.

But that’s not necessarily true. The Equal Employment Opportunity Commission (EEOC), the federal agency responsible for interpreting and enforcing Title VII under the Obama administration, isn’t redefining “sex” for purposes of the prohibition against sex discrimination in Title VII. Not really. Rather, the EEOC has given the term some context in light of Hopkins and similar cases, in which courts have recognized that sex discrimination includes gender stereotyping.

And the EEOC is well within its right to do so. In 1997’s Auer v. Robbins, the U.S. Supreme Court ruled that federal agencies are entitled to interpret their own regulations as they see fit, as long as their interpretation isn’t erroneous and doesn’t conflict with the plain language of the statute or regulation.

Assuming the North Carolina federal court follows the Auer rule, McCrory won’t have a legal leg to stand on.

McCrory will likely argue that Congress did not intend the term “sex” to mean anything other than “biological male” or “biological female.” But certainly the EEOC’s more expansive interpretation—that sex includes gender identity—is not contradicted by Title VII or by congressional intent. Indeed, the legislative history regarding Title VII is rather sparse because the prohibition against sex discrimination was a last-minute addition to its protections.

Title VII initially was conceived to prohibit racial discrimination in the workplace. Rep. Howard Smith (D-VA) introduced an amendment to add sex discrimination protections to Title VII a mere two days before the House of Representatives was scheduled to vote on it. Smith, who was a vocal opponent of civil rights for Black people, was considered a staunch supporter of women’s rights. (How he felt about Black women—or whether he even knew that they existed—is anyone’s guess.) So any discussion of congressional intent with respect to sex discrimination and Title VII is going to be short-lived.

An argument could certainly be made that Congress was not contemplating that “sex” would mean anything other than “male or female” and that it didn’t intend sex discrimination to encompass gender identity when it passed the statute, but if there’s nothing in the legislative history, then who can tell?

Besides, as a wise man once said, “Statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.”

That’s Justice Antonin Scalia writing the majority opinion in Oncale v. Sundowner Offshore Services, a case involving male-on-male sexual harassment. Scalia noted that “male-on-male sexual harassment in the workplace was assuredly not the principal evil Congress was concerned with when it enacted Title VII.”

Almost assuredly, neither was transgender bathroom access, but that doesn’t mean denying transgender people the dignity of using a bathroom aligned with their gender identity is not a “principal evil” prime for redress under Title VII.

After all, if it’s good enough for Scalia, it should be good enough for Gov. McCrory.