Portland observer., October 24, 2012, Page 13, Image 13

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O c to b e r 24, 2012
Page 13
The Corporate Court’s War on Women
So far, the results not so good
by
M artha
B urk
W hen P re si­
dent George W.
Bush nominated
John Roberts and
Samuel Alito for
the
S uprem e
Court, women's groups mobilized to
no avail. Senate Majority Leader
Harry Reid refused to filibuster ei­
ther nomination despite personal
pleas from feminist leaders. Our main
worry was reproductive freedom.
But many of us feared something
that has proven to be just as menac­
ing — a strong bias in favor of
corporations. W omen’s rights at
work have been under constant
assault since Congress passed the
Equal Pay Act and Title VII of the
Civil Rights Act prohibiting sex dis­
crimination in the workplace in the
1960s.
History has proven that our
fears of a Roberts Court were well
founded. In 2007, it overruled six
lower federal courts by uphold­
ing a ban on one abortion proce­
dure with no exception for a
woman's health. The same year,
in Ledbetter v. Goodyear, the
Court overturned 40 years of prece­
dent when it severely curtailed a
woman's right to sue for sex dis­
crimination in pay. And in 2011 it
piled on the punishm ent with
Walmart v. Dukes, cutting the heart
out of women's ability to sue as a
class when they're unfairly denied
pay and promotion.
So far, not so good. The one
semi-bright spot for women was the
decision upholding the Affordable
Care Act, when Chief Justice Rob­
erts surprised the world and wrote
the majority opinion. That decision
puts an end to some insurance com­
pany abuses like gender rating —
charging women more than men for
the same coverage — and counting
pregnancy and domestic violence
as preexisting conditions. But those
victories were incidental since the
health care decision wasn't about
tackling sex discrimination head on,
nor pitting a giant corporation
against its female workers.
With the Supremes' new term
underway, women again have a lot
at stake. The justices will make new
rulings on affirmative action and the
right to sue for sexual harassment at
work.
Affirm ative action levels the
playing field for women, opening
up universities and banning "no
girls allowed" rules in virtually all
workplaces. But no law can erase
all bias in society. Women of color
still face the double whammy of
sex and race discrim ination in all
kinds of places, including college
adm issions. The U niversity of
Texas has sought to remedy that
by instituting a race-conscious
(not race-preferential) admissions
policy, based on the fact that the
consideration of race in adm is­
sions at the University of M ichi­
gan was upheld in 2003.
Now the Texas plan is being
challenged. What happens if the
Suprem es overturn it? The Su­
prem e Court didn't have to take
the case. Could it be, as some of
its closest observers believe, that
the Roberts Court wants to take
this opportunity to do away with
affirm ativ e action alto g eth er,
w hich could have w idespread
national im plications?
Also at risk is a woman's right
to sue her em ployers for sexual
harassm ent. Prior rulings have
held em ployers accountable for
harassm ent by supervisors. But
in one case going before the court,
the em ployer is claim ing that it
isn’t liable for sexual harassment
by a day-to-day supervisor un­
less that person has the ability to
fire or dem ote the em ployee. So
the Court could hold the em ployer
unansw erable regarding a woman
who endures harassm ent daily by
someone who oversees her work.
Talk about national im plications.
The future of the Court and some
fundamental rights for women could
also be at stake in the presidential
race, particularly if Mitt Romney is
elected. The former Massachusetts
governor has said he's going to
appoint justices in the mold of the
ultraconservative Robert Bork, who
failed to be confirmed by the Senate
in 1987. And of course the Republi­
can platform has an anti-abortion
plank with no exceptions.
So where does that leave women?
Time — and the Court — will tell.
Martha Burk is the director of
the Corporate Accountability
Project for the National Council of
Women's Organizations.
Fighting Hate by Living and Loving Openly
and honest about who you are and
who you love.
For much of our history, the
LGBT community was relegated to
the proverbial closet, unable or un­
willing to live in the open. That all
by K ali L indsey
changed when a group of drag
Each year, the
queens fought back against po­
LGBT community
lice brutality one summer night in
marks the anniver­
New YorkCity.
sary of the 1987
Gays and lesbians across the
National March on
country realized that no one was
W ash in g to n for
going to hand them equality,
Lesbian and Gay Rights, by cel­ they'd have to demand it. And the
ebrating National Coming Out Day. best way to fight hate was to live
As a black gay man, I know how and love openly.
difficult coming out can be. I also
I came out for the first time in
know how important it is to be open 1997. But, like so many gay men, I've
For many gay
men, we must
come out twice
had to come out twice.
In 2003, I was diagnosed with
HIV. Coming out to my friends and
family about my HIV status was just
as difficult, and no less important,
as telling them that I was gay, espe­
cially after promising my parents
that I would keep myself safe and
healthy.
I am lucky to have family and
friends that continue to love me
unconditionally. It is very difficult
to manage this disease without the
support of your loved ones. But I
took that risk and came out both
times, because just as living as an
openly gay man is the best way to
combat homophobia, being open
about my HIV status is critical to
com bating the stigma that sur­
rounds this disease.
The stigma surrounding homo­
sexuality and HIV go hand in hand.
Fear of being "outed" about either
too often prevents individuals from
being tested or seeking care and
treatment. The irony is that much of
the current gay rights movement
owes its existence to HIV/AIDS.
As the epidemic ravaged gay men
in the 1980s, with little to no re­
sponse from the government, the
LGBT community stood up and
demanded action. Gay men came
out in droves, and the lesbian and
transgender communities were by
their sides.
The government may not have
been concerned with a disease that
mainly affected gay men, but be­
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cause these brave individuals came
out, the public saw the face of AIDS,
and it looked like their brothers and
their sons.
While National Coming Out Day
is a day to celebrate who we are, we
must also acknowledge the hard
reality facing gay men in this nation,
especially young gay men.
Evidence suggests that those
who come out and live openly as
gay men are more likely to become
HIV-positive. Young gay and bi­
sexual men are the only group in
which HIV infections are increas­
ing, with young black gay men see­
ing an alarming 48 percent spike in
new infections between 2006 and
2009.
Our community must once again
come together and support young
gay and bisexual men and help them
grow into adulthood HIV-free.
I am proud to be an openly gay
man living with HIV and look for­
ward to the day that HIV is a thing
of the past.
But until that day, I encourage
anyone in a position to do so to
come out. While the decision to live
openly about one's sexual orienta­
tion and HIV status is deeply per­
sonal and often scary, I am living
proof that there is joy, fulfillment
and love waiting for those that
choose to.
Kali Lindsey is director of Legis­
lative and Public Affairs at the
National Minority AIDS Council.