Important Decision Coming on the Gay Adoption Ban in Florida

The patriots and heroes of the ACLU have been fighting hard to overturn the florida ban on Same sex, or gay individuals adopting. The case they have laid out is serious, well researched and strong.

There is an excellent diary about it on Kos. The gist of it is;

To make the case that Florida’s ban was based not on science but on ignorance (at best), we assembled what is probably the finest collection of child welfare, psychology, sociology and medical experts on these issues ever presented to a court. They included (among others): Dr. Michael Lamb, a world-renowned expert on children’s development, who is formerly the Chief of the Section on Social and Emotional Development at the National Institute of Child Health and Human Development and now chair of the Department of Psychology at Cambridge University; Dr. Anne Peplau, a Professor of Psychology at UCLA and a leading authority on couple relationships; Susan Cochran, a psychologist and epidemiologist at UCLA's Department of Public Health, and a leading authority on the demographics of health and psychology; and Dr. Frederick Berlin from Johns Hopkins, probably America’s foremost authority on child sexual abuse.

We used this remarkable cast to establish not just that the state was wrong about gay people as parents, but that no thinking person who understood the science does — or could — disagree. In that, our experts were materially aided by the experts for the state.

Here’s what our team established: The science does show that while gay people as a group have higher rates of depression and substance abuse, other demographic characteristics (including ethnicity and income) correlate with similar or even higher rates. However, these groups are not excluded from adopting. Those problems occur in every population group. That is why adoption systems are designed to screen individuals and not to rely on group generalizations.

This has to be overturned. It is the worst kind of legislation based on fear, ignorance, and bigotry. If you are as proud of the ACLU and their efforts as I am, send them some love today.

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Upholding Voting Rights- a Win in Michigan

The ACLU is doing critical work in Voting Rights Protection. And we had a big win in Michigan. A judge today ruled that Michigan’s voter removal program violates federal law and ordered the state to stop illegally purging voters from the rolls.

Judge Stephen J. Murphy of the U.S. District Court of the Eastern District of Michigan ruled that one of Michigan’s voter removal programs violates the National Voter Registration Act of 1993 (NVRA). In question was a Michigan state law requiring local clerks to nullify the registrations of newly-registered voters whenever their voter identification cards are returned by the post office as undeliverable. (This would be a big deal in areas with recent foreclosures for sure!)

Detroit elections officials report that nearly 30,000 voters per year in that city alone are removed from the rolls as a result of this state election law.

The NVRA permits voters to remain on the voter rolls for at least two federal elections after voter registration cards are returned. So the Micigan state removal law was clearly in violation. It is unknown how this will effect people that have already been purged but this is a good win for We the People.

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Help Stop "Religious Belief" Assault on Contraception

(Graffiti billboard photo by Jill Posener.)

Help Stop "Religious Belief" Assault on Contraception

On July 23, I posted here about a proposed change to Department of Health and Human Services regulations which would allow the re-definition of contraception as "abortion" and the subsequent denial of contraceptive services on religious grounds. A month later, despite action by Senator Hillary Clinton, the ACLU's Reproductive Freedom Project, and others, those suggested changes were made into formal proposals.

According to the ACLU, "The rule leaves open the possibility that -- based on religious beliefs -- institutions and individuals can deny women access to birth control. It also permits individuals to refuse to provide information and counseling about basic heath care services. And it expands existing laws by permitting a wider range of health care professionals to refuse to provide even referrals for abortions.

"The public comment period on these insidious regulations is open until September 25. Help generate a massive outcry."

Click on the link below to submit a form with your objection. The response thus far is very encouraging. And please help spread the word.

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"America's Toughest Sherriff"

(photo dowloaded from Flickr taken by Franco45)

Joe Arpaio Back In Court

Since he can't seem to understand the difference between rule of law, and rule of men, the ACLU has had to bring Sherriff Joe Arpaio back into court to have the laws, and recent rulings against him explained.

Hopefully, if the financial penalty is large enough to hurt, the Sherriff will understand that he is supposed to be an officer of the court, a servant of the law, and not a law unto himself.

There's an old Hatta'allii named Silas on the rez. He has always taken a special interest in my family, and especially me. He is a very wise man. Once we were sitting around talking and I spouted the old bromide "Power corrupts, absolute power corrupts absolutely."

Silas took me to task on that one. He said "Power isn't corrupting or anything like that. Power simply is, and it is without attributes beyond being power itself. What happens is that power attracts the already corrupt."

Joe Arpaio started out just another country sherriff. Then, he started getting media and spotlight, at some point, he began to dip his own hands into the till. The New Times of Phoenix has years of solid reporting on Arpaio's many abuses and questionable deals.

I doubt that one more chastising from the bench will have any impact on Arpaio, or his action.

I will also disclose here that I have ridden Search & Rescue as a volunteer for the Maricopa Country Sherriff. The Deputy Captain that was organizing that often complained that "Indian trackers are the best, but they're notoriously hard to manage. They come with their own agenda."

First off, "Indian Trackers" do not have any kind of magic, spooky voodoo DNA shit that makes them good at tracking critters and folks. It's just that most of us have grown up in that briar patch, and often being able to find a track or trail was the difference between going hungry or eating, or even, going home and staying out there fucking lost as shit. It's not a case of race magic or some other bullshit like that.

When he was lumping us together as "Indians" he was talking about an assembly of Apaches (Chiricauhua, Mimbreno, Tonto, White Mountain), Tohono O'odamm, and Navajo. That would have been better described as something closer to NATO than Indians. At one point before we even got started we thought that we were going to all go to jail while the deputies figured out that the sage we were burning over our tack and our mounts wasn't dope or other kind of evil shit like that.

One of the Tohono O'odamm guys said "This is only sage, we're doing a cleansing so we don't have to take your stuff out there with us. It's only some dumb ass white people lost in the desert we're looking for. If it was Mexicans or Indians we'd be eating cactus nubbins and getting all spiritual and shit."

We laughed, cops hate that. Finally some cooler heads prevailed and we were allowed to leave and go find those poor lost souls.

Sherriff Joe gets pissed off because there were a lot of us who were willing to go help them find folks out there lost for free, but were totally unwilling to ride for pay to help him track illegals or fugitives.

It wasn't an "Indian" stand though. It was individual autonomy being expressed. None of us ever refused for anybody else.

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Bust Cards

For Your Wallet (Thanks ACLU)

Print copies of the ACLU Bust Card (2 to a page), cut on the lines, and give one to everyone you know. Do this now please.

Tagging back on to Sara's great post, You have the right to remain silent, tagging on to my post Give Us Money Now, the ACLU Bust Card says in plain language what you and your kids should actually do when the police stop you. Make sure you read over it with your kids and PRACTICE, actually mock up being stopped.

If you or someone you know is a photographer, make sure they have the Bust Card for Photographers which lays out what is legal to photograph and not, and what the authorities can do about it, e.g.: Can they take away your film? Can they stop you from filming?

Know your rights. Don't be screwed.

Daughter #2 (Chelsea) was stopped last night on a routine traffic stop, her first. It went well. Why? Because all of my kids and I have PRACTICED, over and over and over, over and over and fracking over again, precisely how to handle a traffic stop so the cop is put at ease and is most likely to put them into the "good person" category and not the "scumbag" category.

Next to domestic disturbances, the single most dangerous type of regular call for a cop is the routine traffic stop. Want to avoid getting a ticket? Put the cop at ease before s/he gets to your car. When the lights come on:

Calmly put on your right turn signal. This lets the cop know you see him and are going to obey. Because you didn't slam on your brakes (dangerous) or swerve violently to the left (the wrong side of the road) you've demonstrated you are calm. Now reach up and turn on the overhead light in your car. This lets the cop see into your car indicating you have absolutely nothing to hide. Pull over carefully and smoothly at the first safe place where there is room for both you and the cop. Put your car in park. Roll down both front windows as you do not know which window the officer will approach. Put BOTH HANDS ON THE STEERING WHEEL IN THE 10 & 2 O'CLOCK POSITION. Don't do anything else. If you had the radio on it should be off. If you had a radar (fool) it should be long hidden without drawing attention to you or it. No talking on the cell phone. No nothing. Just sit there. Wait. The officer may take a while. Whatever. You have absolutely nothing to do in the world except sit there with your hands high on the steering wheel, absolutely positively NOT moving in your well-lit car.

When the officer approaches always call the officer Sir, Ma'am, or Officer. Don't get tricky and try Trooper (State Police), Deputy (Sheriff Department) or Agent (most federal officers.) You'll screw it up. Call them Officer and they'll understand you're doing your best. The first question they're likely ask is, "Do you know why I stopped you?" Answer "NO."

Let's review...

The first question the officer will ask is, "Do you know why I stopped you?" You know damn well why he stopped you. You were a) doing 75 in a 60, b) while running a red light, c) in a school crossing zone, d) with a light out, e) expired tags, f) and almost nailing a nun. Who cares! Answer: "No Officer, I don't." Now smile.

Notice you haven't given or offered your driver's license, registration and proof of insurance. Don't volunteer any of these. Your job is simple; keep the conversation on other stuff. The moment the officer takes your paperwork and heads back to the squad car, your chance to avoid a ticket drops big-time.

Don't admit to anything -- they'll write down on their copy what you admitted to and use it against you if you contest the ticket. Which you most likely should. People who contest tickets usually get them at least reduced (costs you less plus less points against your license which means not as much a jump in insurance costs) and often contesting a ticket gets it thrown out completely. It's at least worth a shot. But right now your job is to make the cop like you, to occur as a good person, a nice person, a person perhaps having a bad day who just made a simple mistake, all without ever ever ever admitting to a violation or anything illegal. Because the cop CAN & WILL use that admission against you.

If you're a nurse or a medic, say so. Or a teacher. If you're a woman, don't hesitate to cry or smile, feminism be damned -- unless it's a woman cop. If they want to scold you, never ever talk back to them no matter how much of an ass they are. At the bare minimum, keep your freaking mouth shut. If you can handle it (and they look like they want it), thank them for the lesson and promise to do better. The point is to get out of the ticket. You don't know how many tickets they might still write you for; at any given stop a cop has discretion to write probably three to four violations. Don't give them an excuse to make an example of you.

Thus if you're someone important, shut your damn mouth. Telling the cop you're important guarantees you'll not only get a ticket, you'll get the maximum possible ticket the cop can give you (possibly even a low-level criminal citation), ever "t" crossed, every "i" dotted. The cop will be at your court date, notebook in hand, having carefully written down every stupid thing you said and did. You will be convicted without any reduction. And if you're important enough the cop will have tipped the media off to come watch you make a fool of yourself.

Even if you get a ticket don't lose your cool by the side of the road no matter how unfair it seemed to you. The cop can still jerk you around if you give any reason. Smile, be polite, sign the ticket, pull out carefully and leave. Then get off the road at the first safe exit (a gas station) and write, write, write everything down, no matter how tiny or insignificant. Such a contemporaneous account including anything else you remember in the next few hours to day, has enormous credibility if you choose to contest the ticket or file a complaint.

The best single book written on fighting traffic tickets is Beat Your Ticket: Go to Court and Win (Nolo Press.) If you need to go deeper, Legal Research also from Nolo, and your county law librarian should be able to help you.

What Sara says works. You have rights, not just on the little stuff, but on the big stuff as well. I've said no to cops and federal officers, in interviews, in my car, and at my door. You can too. It's a matter of knowing your rights and of practice, of training yourself to say "No" to improper questions and being willing to stand up for those rights consistently.

"Can I ask you a few questions"
"Do you mind if I come in and look around?"
"Would you open your trunk so I can take a quick look?"

Practice saying "No" repeatedly. This may sound stupid but I'm completely serious: Try saying "No" out loud right now. Ask one of the above questions out loud, then say, "No, you may not." Now do it again, also out loud. Good. Now find a partner, ideally a family member. Have person A ask the question out loud, then person B replies, "No, you may not" out loud. Do this 10 times. Now switch. Feel free to make up your own civil rights questions where the answer is "No." But practice saying "No." Once you've done this 75-100 times, the twitchiness in your body begins to go away and the "No" starts to become natural.

Practice gets a behavior deeply into the body. If you don't physically practice standing up for your rights with your family multiple times out loud (saying "No"), then when the heat is on and a cop is bearing down six inches over you with a gun on their hip and their partner shining a flashlight into your daughter's eyes at 2 am, most likely the cop will win and your family will lose. Truly.

I can't say this enough: As you practice so will you behave when it is real. Make sure your family wins -- practice protecting your rights with your family. And print out copies of the ACLU Bust Card -- actively protecting your rights protects all of our rights.

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