Supreme Court Sides With Colorado Baker Who Turned Away Gay Couple

From today’s New York Times:

The Supreme Court sided with a Colorado baker on Monday in a closely watched case pitting gay rights against claims of religious freedom.

Justice Anthony M. Kennedy, writing for the majority in the 7-2 decision, relied on narrow grounds, saying a state commission had violated the Constitution’s protection of religious freedom in ruling against the baker, Jack Phillips, who had refused to create a custom wedding cake for a gay couple.

“The neutral and respectful consideration to which Phillips was entitled was compromised here,” Justice Kennedy wrote. “The Civil Rights Commission’s treatment of his case has some elements of a clear and impermissible hostility toward the sincere religious beliefs that motivated his objection.”

The Supreme Court’s decision, which turned on the commission’s asserted hostility to religion, strongly reaffirmed protections for gay rights and left open the possibility that other cases raising similar issues could be decided differently.

“The outcome of cases like this in other circumstances must await further elaboration in the courts,” Justice Kennedy wrote, “all in the context of recognizing that these disputes must be resolved with tolerance, without undue disrespect to sincere religious beliefs, and without subjecting gay persons to indignities when they seek goods and services in an open market.”

Chief Justice John G. Roberts Jr. and Justices Stephen G. Breyer, Samuel A. Alito Jr., Elena Kagan and Neil M. Gorsuch joined the majority opinion. Justice Clarence Thomas voted with the majority but would have adopted broader reasons.

Justice Ruth Bader Ginsburg, joined by Justice Sonia Sotomayor, dissented.

Read the complete article here.

Teachers’ strikes: meet the leaders of the movement marching across America

From today’s The Guardian:

When teachers in West Virginia went on strike in February, there was little indication that a swath of other states would follow suit.

But that action in the Appalachian state, which resulted in teachers winning a 5% pay rise, has spurred on educators in Oklahoma, Kentucky and Arizona.

Teachers in Oklahoma have been on strike since 2 April, while school districts have also walked out in Kentucky. In Arizona, teachers are demanding a 20% pay rise and could go on strike at the end of April.

In some states the protests are being driven from the bottom up, rather than by unions, as teachers and school districts take matters into their own hands.

Here are some of the leaders of the teachers’ strike movement.

Cindy Gaete is a 25-year-old teacher at Marshall elementary school in Tulsa, Oklahoma. The daughter of Chilean immigrants, she is currently the only Spanish speaker in her school, which is nearly a third Latino.

She says it is frustrating that in addition to her teaching duties that the lack of Spanish speakers means that any time the schools needs to communicate with parents that she has to serve as translator.

“The first thing I told my principal when I got hired is that if we are a third Latino, there should not be just one Hispanic teacher in your school,” said Gaete.

Inspired to fix her school, she helped lead a 110-mile March for Education that arrived in Tulsa from Oklahoma City.

As teachers are expected to end their strike this week, she says that it’s important for teachers like her to run for office to keep the momentum. On Saturday, Gaete decided to lead by example and file her papers to run for state representative in Oklahoma 78th house district.

“Today I start day one of my campaign for house district 78,” said Gaete in announcing her bid. “For my students. For my community. Because all students deserve an equitable educational experience, regardless of race, socio-economic status and gender.”

Read the complete article here.

Title VII of Civil Rights Act Protects Gay Workers, Federal Appeals Court Rules

From today’s New York Times:

A federal appeals court in Manhattan ruled on Monday that federal civil rights law bars employers from discriminating based on sexual orientation.

The case, which stemmed from the 2010 dismissal of a Long Island sky-diving instructor, was a setback for the Trump Justice Department, whose lawyers found themselves in the unusual position of arguing against government lawyers from the Equal Employment Opportunity Commission.

The E.E.O.C. had argued that Title VII of the 1964 Civil Rights Act, which bars workplace discrimination based on “race, color, religion, sex or national origin,” protected gay employees from discrimination on the basis of sexual orientation.

But the Trump Justice Department took the position that the law did not reach sexual orientation, and said the E.E.O.C. was “not speaking for the United States.”

The Justice Department and Altitude Express, the instructor’s employer, could seek review of the decision by the United States Supreme Court, although neither party had any immediate comment on the ruling.

Read the complete article here.

MLK Day 2018, A Time to Reflect on Socio-Economic Injustice In All Forms

In honor of MLK Day, we post a short educational video here with excerpts from Martin Luther King, Jr. and James Baldwin that draw the connection between racial injustice and economic inequality in the United States. Their insights are as true today as they were fifty years ago, showing just how far we’ve come and how far we have to go. If we want peace, we must work for justice in all its forms.

KY Gets OK To Require Work From Medicaid Recipients, Most Already Do

From National Public Radio:

Poor residents in Kentucky will have to work or do volunteer work if they want to keep their Medicaid benefits after the Trump administration on Friday approved the state’s request to add the requirements to its Medicaid program.

The new requirements apply only to “able-bodied” adults who get their health insurance through Medicaid, the federal-state health insurance program for the poor. People with disabilities, children, pregnant women and the elderly are exempt from the requirement.

“Kentucky is leading the nation in this reform in ways that are now being replicated all over the nation,” said Kentucky Governor Matt Bevin, in announcing the plan’s approval.

Kentucky’s program was approved a day after the federal Centers for Medicare and Medicaid Services announced it would look favorably on proposals from state to require poor Medicaid beneficiaries to work, go to school, get job training or do volunteer work to earn health coverage.

Nine other states — Arizona, Arkansas, Indiana, Kansas, Maine, New Hampshire, North Carolina, Utah and Wisconsin — have asked CMS to allow them to add “community engagement” requirements to their Medicaid programs.

CMS Administrator Seema Verma says the work requirement option is designed improve people’s financial status and health outcomes.

In addition to the work requirement, some of Kentucky’s Medicaid beneficiaries will have to begin paying premiums for their coverage and will have to meet certain milestones to earn dental and vision care.

Before Verma joined CMS she was a private consultant and an architect of the Kentucky plan that was approved Friday.

It’s not clear how many people would be affected by the new rules in Kentucky and elsewhere.

study by the Kaiser Family Foundation found that about 60 percent of “able-bodied” Medicaid beneficiaries already work. And a third of those who don’t have jobs say it’s because they are ill or disabled.

Women and Power in the Workplace

From today’s New York Times:

“Revolution will come in a form we cannot yet imagine,” the critical theorists Fred Moten and Stefano Harney wrote in their 2013 essay “The Undercommons,” about the need to radically upend hierarchical institutions. I thought of their prophecy in October, when a private document listing allegations of sexual harassment and abuse by dozens of men in publishing and media surfaced online.

The list — a Google spreadsheet initially shared exclusively among women, who could anonymously add to it — was created in the immediate aftermath of reports about sexual assault by Harvey Weinstein. The atmosphere among female journalists was thick with the tension of watching the press expose the moral wrongs of Hollywood while neglecting to interrogate our own. The existence of the list suggested that things were worse than we even imagined, given all that it revealed. It was horrifying to see the names of colleagues and friends — people you had mingled with at parties and accepted drinks from — accused of heinous acts.

A few days after the list appeared, I was in a van with a half dozen other women of color, riding through the desert on our way to a writing retreat. All of us worked in media; most of us had not realized the extent to which harassment polluted our industry. Whisper networks, in which women share secret warnings via word of mouth, require women to tell others whom to avoid and whom to ignore. They are based on trust, and any social hierarchy is rife with the privilege of deciding who gets access to information. Perhaps we were perceived as outsiders, or maybe we weren’t seen as vulnerable. We hadn’t been invited to the happy hours or chats or email threads where such information is presumably shared. The list was F.T.B.T. — for them, by them — meaning, by white women about their experiences with the white men who made up a majority of the names on it. Despite my working in New York media for 10 years, it was my first “whisper” of any kind, a realization that felt almost as hurtful as reading the acts described on the list itself.

As a young business reporter, no one told me about the New York investor known for luring women out to meals under the guise of work. I found out the hard way. I realized he was a habitual boundary-crosser only after The New York Observer reported on him in 2010. Most recently, after I complained in a media chat room about a man who harassed a friend at a birthday party, everyone chimed in to say that he was a known creep. I was infuriated. That information never made its way to me, and worse, it was taken as a given. Was keeping that secret hidden worth the trauma it caused my friend?

The list’s flaws were immediately apparent. It felt too public, volatile and vulnerable to manipulation. But its recklessness was born out of desperation. It detonated the power and labor dynamics that whisper networks reinforce. Information, once privileged to a select few, became decentralized and accessible to all. And the problem of sexual harassment no longer belonged solely to women to filter and share.

Read the complete article here.

In the Fight Against Poverty, Work Is Our Most Powerful Weapon

From today’s Harvard Business Review by Leila Janah:

Fourteen years ago, I left suburban Los Angeles to teach English in rural Ghana. I’d expected, like so many young people with bleeding hearts and big dreams, to make a difference by donating my time as a schoolteacher for six months. Upon arrival in the village, I was shocked to discover that my students, avid listeners of Voice of America and BBC radio, already spoke English quite well, and some could speak to me about President Clinton’s state visit to Africa. These were blind or partially sighted kids from families earning less than $3 a day.

How was this possible? I’d learned from countless TV specials on war and poverty in the continent that Africans needed aid. They needed us to send food and clothes and to build wells and schools. But on the ground, almost every poor person I spoke to told me the same thing: “We don’t want aid, we want work.” I spent the next four years studying development economics at Harvard, designing a special major to focus on African development, and later working at the World Bank to further understand the problem of poverty and how to fix it.

My conclusion after all this time isn’t so novel. But it bears repeating because we’ve lost our way: Work is the most powerful weapon we have to fight poverty and all its downstream effects, from child malnutrition to maternal mortality, both domestically and abroad. We need to modernize workforce training, incentivize companies to hire low-income people, and encourage consumers to support those organizations that #GiveWork, not aid.

Last year, the 2,000 largest companies spent an estimated $12 trillion on goods and services, a lot of it directed to suppliers that mine or harvest raw materials or make and grow things in poor countries. The fair trade movement was a strong first step in working to access these reserves of capital to fund poverty reduction directly. Started in the 1950s, it pushed purveyors of commodity goods like coffee, chocolate, sugar, and cotton to adhere to a rigorous set of core principles, including deliberately working in marginalized communities and paying living wages. And the results have been good. For example, Starbucks sources all its European espresso beans from fair trade certified producers, and Dutch company Fairphone sells the world’s first entirely fair trade Android phone, with batteries made from ethically mined minerals.

But I believe we now need something broader and simpler to mobilize companies and consumers to think differently about aid: a model called “impact sourcing,” which pushes for workforces (whether directly employed or employed through suppliers) to be economically diverse enough to include some of the world’s most disadvantaged people. This shift could, by our estimation, lift millions out of poverty in a single year.

Read the entire article here.

Congress Must Act on DACA: The Dreamers Need a Vote, Not Talk

From today’s New York Times by David Leonhardt:

Paul Ryan offered some warm words about Dreamers. Marco Rubio went further, distancing himself from President Trump’s new immigration policy by tweeting a passage from the Bible. John McCain was blunter still, calling the decision “wrong.”

But words aren’t enough. They’re not nearly enough.

Ryan, Rubio, McCain and the other members of Congress have the power to do something in response to Trump’s decision to subject the 800,000 Dreamers — law-abiding people who entered the United States illegally as children — to potential deportation. Congress can pass a law that removes the threat hanging over them and lets them continue with their lives.

If Congress doesn’t act, yesterday’s expressions of concern are mere hypocrisy.

“I have zero patience for empty virtue signalling on this,” Susan Hennesseyof Lawfare tweeted, in response to Rubio. “You’re a member of Congress. Don’t tell us how sad and pious you are; pass a law.”

Greg Sargent of The Washington Post noted that Congress should pass a law quickly, given the uncertainty plaguing Dreamers.

Brad Smith, Microsoft’s president and chief legal officer, said Trump’s move had shifted Microsoft’s lobbying priorities. “The entire business community cares about a tax reform,” Smith told NPR. “And yet it is very clear today a tax reform bill needs to be set aside until the Dreamers are taken care of.” Smith also suggested Microsoft would try to block the federal government from deporting its Dreamer employees.

From the political right, Reihan Salam has argued that Trump’s move creates an opportunity for a bipartisan bill that both helps the Dreamers and rewrites immigration law to admit more skilled workers and fewer relatives of recent immigrants.

It would be easy enough for Congress to pass a simpler bill, focused on Dreamers. The House passed one in 2010. It also won 55 Senate votes — a majority but not enough to overcome a filibuster. Among those who didn’t vote yes: McCain, Lindsey Graham, Susan Collins and two Democrats still in the Senate, Joe Manchin and Jon Tester.

In The Times, Javier Palomarez explains why he quit a Trump advisory board yesterday, Paul Krugman breaks down the economics of the decision and the Editorial Board offers its take.

How the wealth gap between restaurant goers and their servers is​ widening

Andrea Gillette lined up the bottles of fruit-flavored cocktails behind the bar. The guy who leans a ladder against the big chalkboard to write out the day’s fresh fish selection had just about wrapped up.

Floors were swept, sliced lemons were crammed into a plastic bin, the trendy garage-door-style windows facing the shaded patio thrown open. Corey Ahrens brewed coffee.

Chip Kasper, the general manager, called out to the weekday crew at Fish City Grill, a bright, modern seafood restaurant at CityLine, a massive$1.5bndevelopment 20 miles north of downtown Dallas. Anchored by an almost 10,000-worker State Farm campus, CityLine also features a crop of buzzy fast-casual spots, a Whole Foods Market and a salon offering eyelash extension packages for upwards of $300.

It’s one of a handful of projects that have shifted the economic center of gravity of the nation’s fourth largest metro area; as a result, the northern suburbs of Dallas are some of the fastest-growing cities in the country.

“Got nine minutes to pre-shift!”

A little over a year ago, Fish City’s owner was worried this wasn’t going to happen.

In the roughly two decades since Bill Bayne and a partner opened Half Shells – the seed of what would become a chain of 20 restaurants – Bayne said he and his wife, who now own the Fish City company, have made a point to remember the names of workers at every level.

He takes pride in his ability to retain workers in an industry that sees high turnover. Still, as he prepared to open the chain’s outpost at CityLine he encountered an unanticipated hurdle.

He couldn’t find workers.

Bayne recalled sending his longtime kitchen manager, Frankie Argote, to “ride the rails” in search of people who looked like they might be cooks and to restaurants, where he asked managers whether they had employees who might be able to pick up more shifts. Argote recalled coming back and asking his boss, “Do we want to be cooking or serving?” Because he was struggling to find enough people to do both.

“This [location] has been probably the most challenging,” Bayne said.

As major corporate employers have swarmed places such as CityLine and the areas that surround them, a corresponding explosion of restaurants and bars has left business owners such as Bayne tapping into an almost-dry well of talent. Over the last five years, the number of jobs in food services and drinking places in the Dallas-Plano-Irving metropolitan division increased by 30.4%, according to Bureau of Labor Statistics data. That’s almost twice as fast as growth in those jobs nationally, which was 17.9% for the same time period.

But thanks to a range of factors, the fertile job-hunting fields north of Dallas are essentially off limits to many prospective workers.

Read the entire article here.

Trump’s Travel Ban Voided by Courts

The ill-fated attempt by President Donald Trump to keep immigrants and refugees out of the U.S., in some cases indefinitely, met stiff resistance not only from concerned citizens, the Democratic Party, and even members of his own party, it was also greeted with skepticism by the federal courts.

Judges from New York and Boston, to Seattle and Los Angeles, effectively put the ban on hold by issuing injunctions against its enforcement while legal challenges to its constitutionality are heard by the courts.

As a result, individuals who were barred last week from entering the country are now able to travel to the U.S., as officials at Borders and Customs, as well as Homeland Security and TSA, announced they would not be enforcing Trump’s executive order given the intervention by the courts.

Trump was ill-tempered in his reaction. On Twitter he posted the following message: “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”

Poor Trump. He doesn’t understand how the U.S. Constitution works, with all those division of powers between the three branches of government, and the doctrine of checks-and-balances to make sure no single branch, whether Executive, Legislative or Judicial, can run riot over the others. Trump doesn’t understand this, and for that reason assumes that whatever executive orders he sings automatically become law. He just doesn’t get it. So sad!