The Daily Caller published an op-ed written by a white, cisgender, non-disabled man claiming to be a black, female "cripple" in order to mock California's law allowing transgender students to use appropriate restroom facilities.
In a November 13 op-ed titled "I think I'm woman, hear me roar!," author Jim Hughes criticized California's AB1266, a measure that allows transgender students access to facilities and extracurricular teams that correspond to their gender identity. Hughes adopted the typical conservative approach to attacking the measure - claiming that teenage boys will pretend to be transgender in order to sneak into the girls' bathroom. His evidence: he was a "horny 9th grade boy once," too, so he knows what he's talking about.
To drive his point home, Hughes goes so far as to announce that he is now a female and wants all the "perks" that come with being a transgender woman:
Horny 9th-grade boys will now be able to share the gym shower with your daughter, but only if they feel like it. Having been a horny 9th grade boy once, something tells me they will. A lot.
But hey, this is California! The Wild West, early adopter of the counterculture, so you'll get no argument from me. I'm going along for the ride on this one. But before I do, I have to get a few things off my chest. Governor Shingles, if you're reading, it's time for me to come clean - right here, right now:
I am a woman.
Sure, when I look down in the shower each morning I see a penis, my doctor gave me a prostate exam at my physical last month, I have a Y chromosome, and you can hang a trench coat off my adam's apple, but since when is science relevant? This is California! If ignoring basic biology is good enough for a confused seven year-old shouldn't it be good enough for me? I am woman, hear me roar! Naturally, I expect all the perks of my newfound sex - or gender - or identity - or whatever the Democrats are calling it this week: The ability to ogle women in the locker room, the occasional mani-pedi, and a kick-ass spot as second baseperson on the girl's softball team. And lets not forget the discounted small business loans, the free child care, free birth control, and my WIC benefits.
Fox News contributor Kirsten Powers attacked the new health care law for requiring all new insurance plans to cover essential services such as maternity care and mental health care, ignoring the fact that individuals with these conditions are often discriminated against in the insurance market and that requiring coverage for these services will help the economy and reduce economic insecurity.
On the November 12 edition of Special Report, Powers complained that under the Affordable Care Act (ACA), health insurance plans are now required to cover benefits such as maternity care and mental health care, despite the fact that an individual might not ever need to use these services:
POWERS: The idea that they think that 50-year-olds should have maternity care is very concerning to me. You know, people are being forced to pay for things that they will not use. It is not for them to tell people -- I don't need to be told I need to have mental health coverage. If I wanted it, I would have gotten it. And I think people are getting a little fed up, even Democrats, with this stuff.
In fact, without the ACA's requirement that essential health benefits be covered by new insurance plans sold on the exchanges, Powers may not have been able to get mental health coverage or maternity care if she wanted it. Individuals who needed those services before the law's passage were routinely discriminated against while trying to obtain necessary health insurance, by being required to pay significantly more for coverage, left unable to get a plan offering specific coverage, or rejected from health insurance all together.
As CNNMoney explained, previously insurance companies were able to keep costs down for many by offering plans without some essential benefits, like maternity care and mental health services, and cherry picking "among applicants to only pick the healthiest ones." The New York Times reported that in 2011, "62 percent of women in the United States covered by private plans that were not obtained through an employer lacked maternity coverage," and a Washington Post columnist explained that according to the Department of Health and Human Services (HHS), nearly 20 percent of people currently in the individual market have "no coverage for mental-health cases, including outpatient therapy visits and inpatient crisis intervention and stabilization." (Approximately 57.7 million Americans experience a mental health condition per year, and half of all Americans will experience one in their lifetime.) Many individual market insurance plans did not offer these services.
The entire concept behind the Affordable Care Act was to change this, ensuring that all Americans, regardless of their personal finances or current health states, could have access to quality, comprehensive health insurance that covered their needs. The law thus mandates ten essential health benefits -- including maternity care and some mental health services -- that all new insurance plans must include at minimum for every American.
Powers' argument also ignored that requiring insurance companies to cover these essential services in all health plans has significant economic benefits.
The editorial board of The Wall Street Journal attacked constitutional race-conscious admissions policies in higher education, but completely botched Supreme Court precedent as well as the Department of Justice's current legal position on this topic.
Trying to drive a wedge between Justice Anthony Kennedy's recent majority opinion in Fisher v. University of Texas, which reaffirmed that considering race as one among many factors in a holistic admissions policy is constitutional, and DOJ's recent legal brief in the now-remanded case, the WSJ declared that Kennedy "is getting an unpleasant lesson in the Obama Administration's respect for Supreme Court authority." From the November 11 WSJ, timed for Wednesday's oral arguments before the U.S. Court of Appeals for the Fifth Circuit:
In June, Justice Kennedy wrote the opinion for a 7-1 majority in Fisher and remanded it for a rehearing. His opinion stopped short of ending racial preferences in education, but it did emphasize that the use of race in admissions had to be held to the "strict scrutiny" standard laid out in the 2003 University of Michigan case Grutter v. Bollinger. Under Fisher, Justice Kennedy explained, race preferences should be carefully drawn and universities were entitled to "no deference" when courts examined how colleges used race in admissions.
So much for that. According to the Justice Department's brief, strict scrutiny needn't be strict, or even amount to much scrutiny.
[R]ather than looking at percentages of students of varying races admitted or matriculating, the Justice Department argues, the court should make "a qualitative assessment of the educational experience of the university." This is the admissions version of a shell game, dodging the Supreme Court's explicit strict scrutiny instructions by letting a school define its own criteria for using race.
But the Supreme Court never held that universities are accorded "no deference" in judicial review of their consideration of whether and how to diversify their institutions through race-conscious admissions policies, and DOJ never denied the appropriateness of strict scrutiny for this use of race.
Under long-standing affirmative action law, educational institutions can constitutionally use the consideration of race among other characteristics in an individualized holistic review of applicants. As reaffirmed by Fisher, contrary to the WSJ's inaccurate claim, when a university is deciding whether or not its diversity is at the "critical mass" necessary for its educational mission, a court's deference to educational judgment on this evaluation is entirely appropriate. From Kennedy's Fisher opinion:
According to Grutter, a university's "educational judgment that such diversity is essential to its educational mission is one to which we defer." Grutter concluded that the decision to pursue "the educational benefits that flow from student body diversity," that the University deems integral to its mission is, in substantial measure, an academic judgment to which some, but not complete, judicial deference is proper under Grutter. A court, of course, should ensure that there is a reasoned, principled explanation for the academic decision. On this point, the District Court and Court of Appeals were correct in finding that Grutter calls for deference to the University's conclusion, "`based on its experience and expertise,'" that a diverse student body would serve its educational goals.
Fox News' Bill O'Reilly continued a pattern of transphobic commentary when he said that bringing a 12-year old boy to Hooters was comparable to allowing transgender students to use appropriate locker rooms or restrooms -- a right that O'Reilly believes will be exploited by mischievous adolescents who want to spy on the opposite sex -- noting the difference between bringing a 12 year old to Hooters and allowing a "guy who thinks he's a girl" into a women's locker room is that Hooters has chicken wings.
On the November 12 edition of The O'Reilly Factor, the eponymous host opened a segment with a story about a middle school football coach who made the controversial decision to bring his 12-15 year old players to a Hooters restaurant to celebrate a win. When liberal contributor Alan Colmes expressed opposition to bringing children of that age to Hooters, O'Reilly inexplicably began comparing the Hooters trip to allowing transgendered students into the locker rooms and school bathrooms that comport with their gender identity.
O'Reilly was incredulous after Colmes rejected the comparison, saying, "The transsexual in the locker room, in the bathroom, and all of that, you're fine with that. But you won't take the kid to Hooters." He then prescribed his "way to deal with" transgendered students, saying, "The way to deal with it is basically, look, if you're born a boy you stay in the boys locker room," but once "you're an adult you can go where you want."
Fox News' Shannon Bream and Megyn Kelly continued the network's general defense of anti-gay discrimination in separate reports on a New Mexico Supreme Court ruling concerning a photographer who was sued after refusing to photograph a same-sex commitment ceremony. Bream omitted critical context from the court's decision while Kelly pondered its slippery-slope implications, tactics in keeping with Fox's history of inaccurate and offensive reporting on the case.
In August, the New Mexico Supreme Court ruled unanimously that Elane Huguenin -- owner of Elane Photography -- violated New Mexico's anti-discrimination law when she refused to photograph the commitment ceremony of a same-sex couple. Huguenin filed an appeal of the decision to the U.S. Supreme Court last week.
In the eyes of Special Report's Bret Baier, the central issue for the Court to consider in the case is "whether you must check your religious values at the door when you open a business," as he stated on the November 12 program. He then aired a package regarding the case by correspondent Shannon Bream, who did not explain the constitutional basis for the court's ruling, but instead cited only the concurring opinion's general reference to "the legal rights" of the same-sex couple.
The segment heavily featured the Huguenins' attorney, Alliance Defending Freedom (ADF) senior counsel Jordan Lorence. Lorence accused the court of dictating that "once you agree to enter the workplace, the marketplace, you surrender all your constitutional rights."
Despite Fox's suggestion otherwise, this case does not concern religious freedom. The court held that because Elane Photography chooses to offer services to the public, it is engaged in commercial conduct that can be regulated by the state, and so it must comply with the state's Human Rights Act. Just as these businesses may not discriminate based on race or gender, it is likewise a violation to discriminate based on sexual orientation:
We conclude that a commercial photography business that offers its services to the public, thereby increasing its visibility to potential clients, is subject to the antidiscrimination provisions of the NMHRA and must serve same-sex couples on the same basis that it serves opposite-sex couples. Therefore, when Elane Photography refused to photograph a same-sex commitment ceremony, it violated the NMHRA in the same way as if it had refused to photograph a wedding between people of different races.
The purpose of the NMHRA is to ensure that businesses offering services to the general public do not discriminate against protected classes of people, and the United States Supreme Court has made it clear that the First Amendment permits such regulation by state. Businesses that choose to be public accommodations must comply with the NMHRA, although such businesses retain their First Amendment rights to express their religious or political beliefs. They may, for example, post a disclaimer on their website or in their studio advertising that they oppose same-sex marriage but that they comply with applicable anti-discrimination laws.
National Rifle Association board member R. Lee Ermey, best known for his drill sergeant role in the film Full Metal Jacket, claimed that "nowadays lazy is our new cripple" to attack recipients of public assistance during an NRA News special celebrating Veterans Day.
The November 11 holiday honored individuals who served in the United States Armed Forces. As Think Progress notes, "there are roughly 5.5 million disabled American vets and over 3 million receiving disability compensation."
Ermey used the word "cripple" -- a derogatory term for a person with a disability -- several times while describing how his new book Gunny's Rules: How to Get Squared Away Like a Marine "tells you how to take command of your life, get off welfare, unemployment, food stamps and regain a little bit of your self-respect":
ERMEY: I've got a new book that just came out, it's out right now, you can get it on the Internet or you can pick it up at just about any bookshop. It's called Gunny's Rules and basically it tells you how to take command of your life, get off welfare, unemployment, food stamps, and regain a little bit of your self-respect.
You know, those things are like quicksand. Once you get in there, it's real difficult to get back off of it. Welfare back in my time, back when I was a kid, I remember my parents voting for welfare and it was sold to us -- like cripples, we got to look after our crippled people in this country. Crippled, those that can't work, and I guess nowadays lazy is our new cripple.
Continuing its misinformation campaign against the Employment Non-Discrimination Act (ENDA), which bans workplace discrimination based on sexual orientation and gender identity, The Washington Times published a column falsely asserting that the legislation would trigger a wave of lawsuits, impose quotas, and lead to the criminalization of conservative religious denominations.
In a November 10 column for the Times, American Civil Rights Union senior fellow Robert Knight blasted ENDA as a bill that would "expand government and repeal the Bible":
The Employment Non-Discrimination Act doesn't say that directly, but its core meaning is that employers -- and their employees -- must accommodate every sexual expression under the sun or face federal prosecution and nuisance lawsuits by the American Civil Liberties Union.
House Speaker John A. Boehner said the bill would not reach the House floor. People who believe in the freedoms of speech, religion and assembly, not to mention what's left of property rights, had better hope he keeps his promise. This is about so much more than the threat of "frivolous lawsuits."
Even if you're not persuaded by moral arguments, the Employment Non-Discrimination Act is a massive expansion of federal power and a gift to trial attorneys, who are among the largest donors to the Democratic Party.
In reality, no serious observer expects ENDA to spur a rash of lawsuits. A study by the Government Accountability Office (GAO) examining states with LGBT workplace protections demonstrated that only a tiny fraction of states' employment discrimination complaints were based on sexual orientation and gender identity. Over a five-year period, less than five percent of California's discrimination complaints were from LGBT workers. In Colorado - which tracked sexual orientation- and gender identity-based complaints separately -- only 5.5 percent of employment discrimination complaints were based on sexual orientation, and a mere 0.29 percent were based on gender identity. In Iowa, the respective figures were 3.6 percent and 0.6 percent. The nonpartisan Congressional Budget Office (CBO) expects ENDA to increase complaints to the Equal Employment Opportunity Commission (EEOC) by a modest five percent.
Knight proceeded to distinguish other protected categories, like race and sex, from sexual orientation and gender identity, which "no one would know" about if not for employees' "behavior":
Far from ensuring equality, the bill is a radical departure from civil rights laws, whose protected classes stem from immutable characteristics with no moral content, such as skin color, place of birth or sex. The exception is religion, which is guaranteed by the First Amendment.
What makes "sexual orientation" or "gender identity" different is that these categories are vague, not immutable, and the associated behaviors have moral implications. In fact, behavior defines the groups. Otherwise, unlike race or sex, no one would know.
In its latest effort to downplay the Employment Non-Discrimination Act (ENDA), Fox News spent a mere 19 seconds covering its historic passage by the Senate on November 7.
The Washington Times marked the U.S. Senate's historic vote for the Employment Non-Discrimination Act (ENDA) by publishing a column from an anti-LGBT hate group leader who baselessly asserted that the legislation permits "reverse discrimination" and doesn't truly exempt religious employers.
On November 8 - one day after the Senate voted 64 to 32 to ban workplace discrimination based on sexual orientation and gender identity - the Times granted Tony Perkins, president of the hate group Family Research Council, a platform to smear ENDA as "a major threat to liberty." Perkins attacked the bill's religious exemption as inadequate and claimed that the legislation promotes "reverse discrimination" against social conservatives:
The Employment Non-Discrimination Act contains a very narrow "religious exemption," but previous experience with similar laws and similar "exemptions" at the state and local level give little confidence that they will fully protect conscience when the law is applied. Sometimes, the enforcers will seek to limit the exemption to actual clergy but insist that church employees who do not proclaim the faith are not exempt. Some will exempt all employees of actual churches, but leave nonprofits and parachurch ministries unprotected. Sometimes, religious nonprofits are protected, but not if a significant part of their work is "secular" in nature (such as feeding the poor or educating children). In any case, any exemption is unlikely to apply to any profit-making entity -- even a religious publishing house or radio station.
Unfortunately, the mere language of a legislative "exemption" is inadequate to predict how liberal activists on the Equal Employment Opportunity Commission or in the courts will interpret it.
Even more alarming than the lack of a strong religious exemption, however, is the prospect that the Employment Non-Discrimination Act would lead to a form of reverse discrimination, whereby anyone who expresses or promotes a view of family or morality that can be interpreted to be a disapproval of homosexual conduct or disagreement with elements of the homosexual political agenda (such as the redefinition of marriage) will be subject to retaliation and discrimination.
Despite Perkins' eagerness to frame ENDA as an unprecedented assault on religious freedom, Section 6 of ENDA explicitly exempts religious organizations, affirming that the same religious organizations exempt under Title VII of the Civil Rights Act of 1964 are also exempt under ENDA. Since Senate debate began on the bill, the right of religious organizations to discriminate against LGBT individuals has only been reaffirmed. On November 6, the Senate adopted by voice vote an amendment from ENDA supporter Sen. Rob Portman (R-OH) prohibiting retaliation against religious organizations.
Moreover, businesses required to comply with ENDA's non-discrimination requirements won't see any loss of religious liberty. There's a stark difference between personal religious views against homosexuality and discriminatory public business practices against LGBT people. Just as civil rights protections for racial minorities don't punish private racist thoughts, ENDA won't deploy the thought police to go after religious conservatives.
On her radio show, Fox News contributor Laura Ingraham blamed immigrants, specifically Latino and Asian immigrants, for California's high alternative poverty rate, claiming that passing immigration reform would translate into more poor people nationwide. In fact, California's high cost of living and narrowed access to anti-poverty benefits are the real reasons behind the state's high alternative poverty rate.
On November 6, the Census Bureau released a report showing that under an alternative method of measuring poverty -- one that takes into account the value of anti-poverty programs and living expenses such as rent and mortgage payments, work-related transportation costs, and child and health care spending -- California's poverty rate jumps to 23.8 percent from the official government figure of 16.5 percent.
Discussing the findings on her radio show, Ingraham stated that California is where "most newly amnestied people initially settled after the '86 amnesty" and that "it has the largest percentage of Latino voters in the United States and Latino residents, new immigrants, also Asian residents." She added: "I say we keep going down this road of immigration, quote, reform and we can all look forward to having a poverty rate as high as -- at least under this alternative measure, which looks like a better measure of poverty."
In fact, according to experts, the alternative poverty rate in California "is really driven by the cost of housing."
As the San Jose Mercury News reported:
The alternative yardstick, known as the supplemental poverty measure, found nearly 2.8 million more people are struggling across the country than the traditional benchmark shows.
That makes a big difference in California, where the broader measure counts more than 8.9 million people living in poverty between 2010 and 2012 -- a report released Wednesday by the U.S. Census Bureau shows -- far higher than the 6.2 million living in poverty tallied the official way.
"Anyone who has moved to California from somewhere else knows the dramatic increase of the cost of living," said Ann Stevens, director for the Center for Poverty Research at UC Davis. "It's not more surprising that California looks more impoverished. It is really driven by the cost of housing. California is a very expensive place to live."
Using the alternative measure, California had the highest poverty in the country between 2010 and 2012 -- 23.8 percent -- followed by the District of Columbia and Nevada. The official measure ranked Louisiana, Mississippi and New Mexico at the top during that period.
In rural parts of North Dakota, Kentucky and West Virginia, the poverty level is around $18,000 for a family of four without a mortgage. In the San Jose, San Francisco and Oakland metropolitan areas, the Census Bureau says, it's $35,500 for a family of four with a mortgage.
That $35,500 "may look pretty good to someone in a rural area," Stevens said. "I don't think too many people in San Francisco would think that."
The Daily Caller lamented that gay people have become "totally boring" now that they've secured some basic legal rights and no longer have to live in fear of being outed or ostracized in their everyday lives.
In a November 6 op-ed, reporter Patrick Howley cited the Senate's advancement of the Employment Non-Discrimination Act (ENDA) as evidence that gay people had lost their "daring, transgressive" edge and had instead become a "bland, tedious, grievance group eagerly seeking government approval":
Back in the day, gays were subversive adventurers, trolling the city streets at night on a lustful quest for experience and with an outlaw mentality not seen since the days of the Wild West. They were decadently-dressed sexual superheroes, daring Middle America to condemn them as they pranced their corseted, high-heeled bodies around to midnightscreenings of great American movies like "The Rocky Horror Picture Show," "Pink Flamingoes," and "Mommy Dearest." They had an ingrained creativity, a patented sense of irony. They had a brand. They had an identity.
The progressives hosed all of that activity down. The progressives have filled the back-alley glory holes with MoveOn.org petitions. They have condemned clubs named "The Toilet" and erected phone-banking operations for Media Matters. They have taken away your leather costumes and dressed you in Obama-Biden T-shirts. They have taken away your poppers and your molly and handed you $14 apple martinis.
What Howley fails to mention, of course, is that much of the gay community's "outlaw mentality" probably had a lot to do with the fact that gay people were frequent targets of harassment and legal discrimination.
Fox News largely ignored a historic vote on November 4 when the U.S. Senate voted to take up the Employment Non-Discrimination Act (ENDA), a bill that bans workplace discrimination based on sexual orientation and gender identity. While CNN and MSNBC covered the vote, Fox devoted half of its already-scant coverage to dismissing ENDA as a "distraction."
Fox News contributor Erick Erickson launched his latest personal attack on Texas Democratic gubernatorial candidate Wendy Davis, whom he proudly labeled "Abortion Barbie," by absurdly suggesting that a 1996 lawsuit in which Davis made a routine legal claim in a defamation lawsuit disqualified her to hold public office.
In a post on his conservative website RedState, Erickson highlighted a 1996 lawsuit in which Davis sued the Fort Worth Star-Telegram for defamation. Erickson seized on language from the suit, in which Davis claimed the editorial had caused "damages to her mental health," a required element of her alternate Intentional Infliction of Emotional Distress (IIED) claim, to argue Democrats would regret supporting her campaign for governor:
Back in 1996, Wendy Davis lost an election for the Fort Worth, TX City Council. After the election, she sued the Fort Worth Star-Telegram, the local newspaper, for defamation. In short, Davis did not like being criticized by the media (something she won't have to worry about this go round), so she sued for those criticisms claiming they defamed her.
The Texas Court of Appeals and then the Texas Supreme Court both threw out her case. But it is worth noting that Davis, in making her case, claimed that the nasty newspaper, by virtue of criticizing her, damaged her "mental health."
More worrisome regarding her mental stability, Davis sued the newspaper months after losing her city council and claimed that she "ha[d] suffered and [was] continuing to suffer damages to her mental health."
Think about that. The best candidate the Texas Democrats could find to run is a lady who admits in open court that a newspaper editorial caused her mental health to be damaged.
As explained by the Digital Media Law Project of Harvard University's Berman Center for Internet & Society, "Plaintiffs who file defamation lawsuits often add an intentional infliction of emotional distress claim as an alternative theory of liability." Within these IIED claims, a plaintiff must prove the emotional distress, or "damages to her mental health." In other words, Erickson wants his subscribers to "think about" the routine legal boilerplate of Wendy Davis' lawyers from 1996.
Erickson's suggestion that Davis is unfit for public office because of a defamation lawsuit is only the latest in his string of absurd or vicious personal attacks against her. In August, Erickson labeled Davis "Abortion Barbie" after she declined to comment on the case of convicted murderer Kermit Gosnell:
Fox News continues to falsely accuse the Employment Non-Discrimination Act (ENDA) of threatening religious liberty, asserting that the bill's broad religious exemptions simply won't be enforced by the Obama administration.
During the November 4 edition of Fox News' Special Report with Brett Baier, correspondent and pro-discrimination champion Shannon Bream discussed concerns about ENDA - which would bar employment discrimination on the basis of sexual orientation and gender identity - suggesting that the law might be used to punish religious employers:
BREAM: The stated goal of this legislation is to make sure that there's no discrimination in the workplace based on sexual orientation or gender identity. Now, both people who oppose and support the bill say they support that, that everybody should be treated with dignity in the workplace. Their fear is that this is going to get tricky for religious employers. Drafters of the bill say, 'Well, there are religious exemptions built in.' But as you can imagine, there are plenty of skeptics who say, 'Well, look how it's working out with the [Health and Human Services] HHS contraception mandate.' So they have worries.
From the November 5 edition of Fox News' Fox & Friends:
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