Governor Vetoes Crucial LGBT Prisoner Safety Bill

Written by: Vaishalee Raja, Equality California & Kristina Wertz, Transgender Law Center

                                  


Bill sought to expand protections for lesbian, gay, bisexual and transgender prisoners


Sacramento – Last Friday, Governor Schwarzenegger vetoed the Lesbian, Gay, Bisexual and Transgender Prisoner Safety Act, AB 633, on the grounds that the bill was too similar to a prisoner safety bill he vetoed last year. Introduced by Assembly Member Tom Ammiano (D-San Francisco), the bill was designed to prevent violence against lesbian, gay, bisexual and especially transgender people in the state prison system. The bill received bipartisan support in both the State Senate and Assembly and is co-sponsored by Equality California, the Transgender Law Center and the National Center for Lesbian Rights.

“The governor’s reluctance to codify vital protections for LGBT prisoners into state law is truly heart-breaking,” said Equality California Executive Director Geoff Kors. “This bill was, in fact, different from the LGBT prisoner safety bill we sponsored last year in that it would have required the state to adopt national LGBT prisoner safety guidelines. The legislation would have been an important tool in preventing violence against LGBT prisoners and ensuring that they have access to the same safeguards under the law as other inmates. Despite this setback, we will work on administrative reform and will continue to partner with Assembly Member Ammiano to bring legislation next year when we have a new governor to ensure that similar legislation is passed and signed into law.”


According to a study by UC Irvine commissioned by the Department of Corrections and Rehabilitation, 69 percent of transgender inmates report sexual victimization while incarcerated.


“By vetoing AB 633, Governor Schwarzenegger has yet again neglected to help alleviate violence in California prisons,” said Masen Davis, Executive Director of the Transgender Law Center. “Transgender people are thirteen times more likely to be sexually assaulted in prison than non-transgender inmates. The National Prisoner Rape Elimination Commission Standards are well-researched, practical and promising. It is shameful that implementation of these standards has been further delayed.”

AB 633 promotes safety for and prevents assaults against LGBT people in the prison system by amending the Sexual Abuse in Detention Elimination Act (SADEA) of 2005. The bill would have included information provided by inmates regarding their own safety concerns related to sexual orientation and gender identity on the list of factors for consideration when assessing whether inmates were at a heightened risk for assault. The list of current factors includes, age, type of offense and prior time served.


“I am extremely disappointed that the governor chose not to protect and empower one of the most vulnerable groups in the state’s penal system,” said Bamby Salcedo, President of the Trans-Latina/o Coalition. “As someone who has been through the California penal system, I experienced firsthand the injustices that transgender prisoners face. My life was constantly endangered, I was harassed by other inmates and I was even a victim of sexual assault. This bill would have gone a long way in preventing LGBT inmates from experiencing the abuse I faced.”


In addition, the legislation would have: required the state to adopt a portion of the National Prisoner Rape Elimination Commission Standards, designed to safeguard LGBT inmates; required the California Department of Corrections and Rehabilitation not to automatically segregate LGBT inmates, a condition considered to be punitive, and safeguarded LGBT inmates from having to disclose their sexual orientation or gender identify to prison officials. The bill would have also saved the state money due to decreased litigation and health care expenses.


The legislation originally developed following a Senate Public Safety Committee meeting held in San Francisco in December 2008 and is chaired by Senator and former Majority Leader Gloria Romero (D-Los Angeles). The meeting, which was sponsored by Equality California along with Just Detention International, the Transgender Law Center, the National Center for Lesbian Rights and the Transgender, Gender Variant and Intersex Justice Project, exposed the dire issues facing LGBT people in California prisons in order to produce concrete solutions.

To find out more information about EQCA's legislation, visit http://www.eqca.org/legislation

The Transgender Law Center (TLC) is a civil rights organization advocating for transgender communities. TLC uses direct legal services, policy advocacy, public education, and movement building to transform California into a state that recognizes and supports the needs of transgender people and their families. www.transgenderlawcenter.org

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed over 80 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment. www.eqca.org

New Health Care Changes Gives Hope

By Sabriya Rice, CNN Medical Producer



Courtesy Northwestern University 



Americans can breathe a sigh of relief for the health changes that went into effect on Thursday, September 23. This is only the beginning for the heavily debated issue. There are many changes that will need to take place before people will truly support and believe in the new health care reform.

“The big resolutions will come in 2014 when you will start to see tens of millions of people getting coverage,” said Avram Goldstein, communication director for the Health Care for America Now, a liberal grass roots health advocacy organization. These small changes give us some type of hope and reassurance that we have not been forgotten and that President Obama still has our best interest at hand.


CNN reported, “Here are six provisions that could affect you immediately if you purchase a new plan starting Thursday. For people who have an existing health care plan, these changes will take effect during open enrollment if you are covered through your employer, or when your current policy renews if you purchased a plan on the individual market.”


Young people can remain on parents' insurance until age 26


The health care reform legislation requires insurance companies to allow dependent children to remain on their parents' insurance policies until their 26th birthday. The children can't have jobs that offer insurance.


According to the Department of Health and Human Services, several health insurers began early implementation of this policy in May, months ahead of the September 23 deadline.


Until Thursday, in most states dependents were booted off their parent's health insurance policy before age 26, sometimes as early as age 19. A handful of states allow dependents to remain on a parent's policy until age 30, and HHS says those locations will continue to do so. To find out the specifics for your state, go to Gettingcovered.org and look at the state facts or check the state-by-state "definition of dependency" list from the Kaiser Family Foundation.


No discrimination against children with pre-existing conditions


Starting Thursday, consumer protections prohibit all employer plans and all new plans in the individual market from denying coverage to children age 18 and younger who have pre-existing conditions.


However, ahead of this provision, several large health insurance companies announced plans to suspend child-only insurance policies because of concerns over clarity of the new rules, as well as reservations that the provisions create an "unlevel playing field."


"Given the current uncertainty in the niche marketplace for child-only coverage, health plans have to make very difficult decisions about the types of new policies they will offer," says Robert Zirkelbach, press secretary for America's Health Insurance Plans, the national association representing health insurance providers.


"While well intended, the current regulation provides a powerful incentive for parents to wait to purchase coverage until after their children become sick," Zirkelbach says.


"I think it's very unfortunate that the insurance companies continue to make decisions on the backs of children and families that need their help," White House press secretary Robert Gibbs told reporters on Tuesday.


He said that even though child-only policies represent a small portion of the individual market, the goal is to make sure nobody falls through the cracks.


If you have a child-only policy, you can keep it, America's Health Insurance Plans says. If you were planning to purchase a child-only policy but have learned it is no longer offered by your insurance carrier, your child may qualify for SCHIP, the State Children's Health Insurance Program. Here is a state-by-state directory of SCHIP programs.


Adults who can't get insurance because of a pre-existing condition can look for a Pre-Existing Condition Insurance Plan (PCIP). Visit PCIP.gov to find out whether you are eligible and to learn more about what the monthly premiums are in your state.


No dropping people from coverage when they get sick


Insurance companies can no longer drop a customer when that person gets sick, nor can they look for errors on your insurance application and then not pay for a service when you get sick.


No lifetime limits on coverage


If you purchase a new health policy on or after Thursday, the Affordable Care Act prohibits that plan from placing a lifetime cap on the coverage you can receive for hospital stays and other expenses associated with your condition. Keep in mind that this does not include the use of annual dollar limits, which will be phased out over the next three years, and will be banned by 2014.


New plans must offer free preventive care


If you purchase a new health policy on or after Thursday, certain preventive screenings, immunizations and tests must be covered without your having to pay a copayment, coinsurance or meet your deductible when these services are delivered by a network provider. If you are already insured, these services should be offered to you during open enrollment, or when your individual policy renews. A full list of the preventive services covered under the Affordable Care Act can be found on Healthcare.gov.


Expanded ability to appeal decisions made by the health plan


Under current rules, when an insurer denies you coverage, you really didn't have many options.


About 44 states provide for some form of external appeal and the laws governing these processes vary greatly.


If you buy or join a new policy starting Thursday, you should be able to appeal to an independent third party. According to Jay Angoff, the director of the Office of Consumer Information and Insurance for Health and Human Services, your health insurance company is required to inform you of how to access the independent, objective reviewer.


Another resource if you have questions about whether the appeal process applies to you is your state insurance regulator. Also, later this fall, you will be able to find state-by-state lists of consumer assistance programs on Healthcare.gov


Article courtesy of CNN Health

Just say no to more budget delays

Written by: Shonda Hutton


The California Legislature missed the mark again! June 15 has come and gone and still there is not a budget in sight some three months later.


Granted, deriving an accurate economic forecast cannot be an easy task, especially when the ever-changing needs surpass the amount of the state's limited financial resources; however, we cannot afford to make excuses, as the ramifications that come with a late budget can have a devastating effect on Californians.

A late budget not only puts unnecessary strain on state workers and contractors, but has a snowball effect on all public services rendered - from health care and education to Caltrans projects.
Doors are closing for critical programs, child-care and other service providers are laying off staff - and it's our families, seniors and people with disabilities who are hurting the most.

The legislative body must be held accountable for its blatant disregard for California's Constitution.
On Nov. 2, the people of the Golden State will have a chance to exercise their collective voice to end budget delays. Proposition 25 will amend the two-thirds vote requirement to a simple majority. The ballot measure also stipulates that for every day the budget is not passed legislators voluntarily opt out of receiving a day's pay.

Californians must unite to ensure that legislators pass a budget that we all can live with - a responsible budget.

It's time to make an investment in California, one where families thrive, businesses grow and our national education rank soars back to the top. Wasteful money management costs the state and forces destructive cuts to vital health and human service programs.


Voters, the power is in our hands and we must take action to prevent the prolonging of future budgets. Be a voice in public policy; visit and register to Take Action California, searchable at www.takeactionca.org to reserve your seat at the decision-making table.

Pell Grant Cuts Could Provide Negative Effects for Minorities

Written by: Jasmine Walker

Courtesy: School Grant Resource

The controversy over the Student Aid and Fiscal Responsibility Act (H.R. 3221) also known as SAFRA continues. The circulation of news regarding Pell Grant cuts bring worry to many aspiring and current college students, especially minorities.


Pell Grants “provide need-based grants to low-income undergraduate students to promote access to postsecondary education,” stated the Department of Education. Without the assistance of Pell Grants a large majority of students will not have the opportunity to go to college, something that now seems more like a privilege rather than a honor.


The budget cuts play a large role in this dilemma; it continues to take money away from education. It seems like it is always first in line for cuts. Education is an asset that is suppose to be so imperative in our country, but yet they slowly continue to take from it.


According to The Chronicle of Higher Education, the bill “would save the government money by ending the subsidies given to private lenders that distribute federal student-loan funds, and instead would require all colleges to use the Education Department’s own direct-lending system.” This would save them a total of $87 billion over the course of 10 years.


Students will have a better chance at applying for a loan than receiving grant assistance, which will ultimately lead to increased debt and a higher rate of college dropouts.


This however may work out well for the sake of rebuilding the state’s budget but minorities will be left behind. They will be unable to pay for school and unable to secure a back up plan with the decline in employment opportunities.

Soon there will not be many positive options available for minorities. The Government should be called out and held responsible for their lack of sympathy towards education.

Feds Talk About Prisoner Sex Abuse, But Don’t Act

Written by: Naima Ramos-Chapman

Courtesy: Public Record Search

After some serious pressure from a coalition of civil liberties organizations, the Department of Justice finally released a report this week to meet part of the requirements of the Prison Rape Elimination Act of 2003. Still, the DOJ missed a July 23 deadline and a missed deadline to implement new reforms to address the excessive numbers of sexual assaults reported by incarcerated men and women.

In the DOJ report released yesterday, “Sexual Victimization in Prisons and Jails Reported by Inmates, 2008-09,” an estimated 88,500 inmates reported being sexually victimized by another inmate or staff member.

Those most likely to report the abuses were women, gays and bisexuals, and those who had experienced sexual abuse before entering the prison system. The report also found that white and multi-racial inmates were more likely than blacks to report abuse, along with those who had college degrees.

A National Prison Rape Commission Report released in June of last year stated that the most at risk were youth—especially young women, immigrants, and queer inmates.


Despite the staggering number of reported sexual assaults behind bars, the DOJ sort of shrugged at its responsibility to address the problem. TPMMuckraker reported that Holder “expressed regret” for missing the mark to institute systemic changes, but assured us that the department is “working dilligently” to issue new standards that offer more protection to those behind bars.

As Michelle Chen reported earlier this month on ColorLines:

A demographic overview of the groups most at risk says a lot about why the problem has gone unaddressed for so long. The racial and gender hierarchy in the prison system mirrors that of society at large, but in an institution that harbors society’s most marginalized, the consequences are far more brutal.

[snip]

Prison rape doesn’t happen in a vacuum, but it’s not inevitable, either. It’s just another accepted reality in a system that dehumanizes people by design.

Article courtesy of ColorLines

Black Males Continue to Struggle with High School Graduation

Written by: Jasmine Walker

Recent statistical data confirms that Black males are less likely to graduate high school than White males. According to the Schott Foundation for Public Education, in 2007 and 2008 only a meager 54% of Black males graduated high school whereas 78% of White males graduated. That presents a 24% gap between the cohorts.

This depressing news shows how badly education is overlooked. If no changes are made, many of our young black males will continue to struggle and add to the declining rate of dropouts and possibly even a life of crime and drugs.

The Schott Foundation expressed this as their concern with schools:

Stacks of research reports have indicated for years that Black male students are not given the same opportunities to participate in classes offering enriched educational offerings. They are more frequently inappropriately removed from the general education classroom due to misclassifications by the Special Education policies and practices. They are punished more severely for the same infractions as their White peers. On average, more than twice as many White male students are given the extra resources of gifted and talented programs by their schools as Black male students. Advanced Placement classes enroll only token numbers of Black male students, despite The College Board urging that schools open these classes to all who may benefit. In districts with selective, college-preparatory high schools, it is not uncommon to find virtually no Black male students in those schools. Finally, the national percentage of Black male students enrolled at each stage of schooling declines from middle school through graduate degree programs.

Simply stated, the message in Yes We Can is that Black male students can achieve high outcomes—states, districts and communities can create the conditions in which all students have an opportunity to learn— the tragedy is, even against the historic backdrop of the U.S. having a Black male President, most states and districts in the U.S. choose not to do so.
For more information about The Schott Foundation and to view the full Yes We Can report visit: http://www.blackboysreport.org/bbreport.pdf

A Glance into Labor Day’s Past

To some, Labor Day is just another holiday that exempts them from going to work on Monday, allowing them to have an extended three-day weekend. Most people are unaware of Labor Day’s history or why it is notable.


Labor Day falls on the first Monday in September of every year. The day is a combination of the labor movement and dedication to the social and economic achievements of American Workers reported The United States Department of Labor, “It constitutes a yearly national tribute to the contribution workers have made to the strength, prosperity, and well-being of our country.”

There is some debate as to who the founder of Labor Day is - some records show Peter J. McGuire as the first person to propose the holiday whereas recent research shows Matthew Maguire as the founder. Even though the true founder remains in question, we should be thankful that Labor Day is recognized as a nationwide holiday that gives recognition to the common industrious worker.

America has come along way since the 1930’s when many of the economic reforms were passed which included the Social Security Act and the National Labor Relations Act. Yet, there is still more that needs to be accomplished. ColorLines, an online news and take action source, highlighted the following five-workplace reforms that need solutions.

Workfare Workers

The welfare reform law in 1996 created Temporary Aid for Needy Families (TANF). States expanded their “workfare” programs, in which cash-assistance recipients are required to work for their benefits. Employers who receive subsidies to hire these workers are essentially invited to exploit them, aware that recipients will lose both paychecks and assistance if they resist. In California, the group LIFETIME is organizing women in TANF to demand better.

Tipped Workers

The federal minimum wage for tipped workers is $2.13 per hour, and it has not changed in nearly 20 years. Along with servers, some back-of-the-house workers are also tipped. It is common practice for managers to steal tips from workers in an illegal practice known as “tipping the house,” where servers have to share their tips with managers. The Restaurant Opportunities Centers United is organizing in workplaces nationwide to raise the federal minimum wage for tipped workers.

Domestic Workers
Domestic workers include nannies, housekeepers and companions to people who are elderly or ill. There are some 200,000 domestic workers in the U.S. The National Domestic Workers Alliance includes organizations working to protect their rights in California, Maryland, North Carolina and many other states. The New York Domestic Workers Coalition, which includes Latinas, South Asians and Caribbean women, and Domestic Workers United, recently won the first Bill of Rights in New York State. The International Labor Organization will soon pass a global convention on decent work for domestic workers.

Farmworkers

In 1966 farmworkers were included in the Fair Labor Standards Act, but they still are not covered by the National Labor Relations Act. Yet agriculture is among the top five most dangerous occupations in the country. Farmworkers risk pesticide exposure and live in chronically bad housing. Nearly 75 percent nationwide earn less than $10,000 a year. In Florida, the Coalition of Immokalee Workers has helped win “fair food agreements” from fast food chains.

Day Laborers

Anti-immigrant rhetoric makes the lives of day laborers difficult. Although they are eligible for minimum wage and health and safety protections, the formal complaint processes are tough to access, especially if they are undocumented immigrants. Meanwhile, cities and states are creating “loitering” laws to drive day laborers out, although the demand for their work remains strong. The National Day Labor Organizing Network is pushing back.

To visit ColorLines official website