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U.S. court overturns Wisconsin legislative maps

A federal three-judge panel on Nov. 21 ruled that Wisconsin’s legislative maps are unconstitutional.

The ruling came in a case filed by 12 Wisconsin Democrats who sued more than a year ago and an appeal is likely.

A press statement said this is the first time a map has been overturned by a federal court for being gerrymandered for political reasons.

“The ruling in Whitford v. Gill (formerly Whitford v Nichol) is a stunning victory for democracy,” said Sachin Chheda, director of the Fair Election Project, which organized and launched the lawsuit. “The citizens of Wisconsin will now have a chance to elect a government which represents us.”

“This is a victory for democracy — not just for Democrats, but for all Wisconsin citizens,” stated Sen. Dale Schultz, a former Republican Majority Leader of the Wisconsin State Senate who co-chairs the Fair Elections Project. “Everyone benefits from a fair elections process that moderates the worst tendencies of extremists in both parties.

“What happened in Wisconsin in 2011 was an egregious violation of our state’s moral values,” added Sen. Tim Cullen, a former Democratic Majority Leader of the Wisconsin State Senate who served as the other co-chair. “Instead of voters choosing their elected officials, the Republican majority in Wisconsin decided they would entrench themselves in power despite the views of voters. The court has said today that will not stand.”

Originally filed in July 2015, the lawsuit demanded the district maps for the state Legislature be thrown out, calling the line-drawing process “secretive” and “partisan,” and the maps unconstitutional for overly advantaging one party.

The plaintiffs said the lawsuit fulfills a call issued by the U.S. Supreme Court in previous cases for a standard to measure how much partisan gerrymandering is allowable and shows how Wisconsin’s map is “far outside acceptable redistricting norms.”

A trial was conducted before the federal panel in Madison in May.

“I’m very pleased with this decision,” said lead plaintiff Bill Whitford. “It is truly historic. As a lifelong Democrat, the court’s decision recognizes the power of my voice and the voices of all other Democrats across the state. This decision could have a monumental impact in ensuring that voters’ voices are heard across the nation, regardless of party. I want fair elections, where the voters have the power, not a gerrymander for either side created by self-interested politicians. That’s what today’s decision is all about.”

“Today is a historic day and I am thrilled with the result not only for our plaintiffs, but for all Wisconsin voters,” stated lead trial attorney Peter Earle. “This decision will finally give voters in Wisconsin the power they deserve to shape their democracy. Now a fairer system will be created here in Wisconsin so all voters, not just a select few, will be able to have their voices heard.”

Gerry Hebert, director of the Voting Rights and Redistricting Program at the Campaign Legal Center in Washington, D.C., had this to say: “This is truly a monumental victory for the plaintiffs in this case, but more importantly this is an historic moment for our nation and the betterment of democracy,” said . The Campaign Legal Center joined the case in the months leading up to trial.

The court did not rule on a remedy, ordering further rounds of briefing and potentially testimony in the coming weeks.

Reaction to the ruling …

• “The Department of Justice is evaluating the court’s 159-page decision and we plan to appeal,” said Wisconsin Attorney General Brad Schimel. “This 2-1 decision does not affect the results of this month’s election or any prior election and legislative district boundaries remain unchanged until the court rules on any remedy.”

Assembly Democratic Leader Peter Barca, D-Kenosha, said:  “Voters should be able to choose their representatives, not the other way around. Today’s ruling is a victory for democracy and the people of Wisconsin.

“Once again, a court has declared the Republican’s 2011 legislative maps unconstitutional. This is an historic victory for voters and a further admonishment of the extremely slanted maps that trample the democratic will of the people of Wisconsin.

“I want to thank the voters who came forward to bring this challenge and who bravely stood up for not only their own voting rights, but for the rights of all Wisconsinites.”

Rep. Gordon Hintz, D-Oshkosh, said: “Today’s ruling is an overwhelming victory for Wisconsin voters.  The citizens of our state have demonstrated their shifting opinions over the years by voting for candidates and majorities of both parties.  These unconstitutional maps drawn in 2011 represent a direct attack on that freedom, and a successful attempt by Republicans to avoid responsiveness and accountability to their own constituents.  Now that it is clear that these actions were unconstitutional, I am hopeful that the courts will move forward in implementing maps that will better represent the geography of our state and the will of its people.”

Rep. Chris Taylor, D-Madison, said: “Power tends to corrupt, and absolute power corrupts absolutely. Under Republican rule for the last six years, we have seen a deliberate and concerted effort to rig Wisconsin’s elections.  They made it harder for students to register to vote, deliberately disenfranchised hundreds of thousands of Wisconsin voters with an unnecessary Voter ID law, eliminated Wisconsin’s non-partisan elections watch-dog and now it is confirmed, they drew Wisconsin’s legislative districts so regardless of the votes cast, Republicans would maintain legislative control.

“Today’s ruling is a win for all voters in Wisconsin.  No matter where you live or what your political beliefs are — every Wisconsinite’s vote should be valued, protected and treated equally and fairly under the law.  I applaud the court’s decision today and it should serve as a strong reminder to my Republican colleagues that justice always prevails and the power truly belongs to the people, not donors, lobbyists or conservative special interests.”

• Speaker Robin Vos, R-Rochester, remarked: “There are only two things that are certain about this case:  it’s unprecedented and it isn’t over. The ruling can and should be appealed to the U.S. Supreme Court. The state of Wisconsin has competitive legislative districts that meet every traditional principle of redistricting. Republicans win elections because we have better candidates and a better message that continues to resonate with the voters.

“The court has essentially created a brand new test that is significantly flawed and is an encroachment by the court into the legislature’s duties. The new standard ignores Wisconsin’s political geography where Democrats are naturally clustered in urban centers like Milwaukee and Madison.  We remain fully confident that the maps were constitutional when adopted, and will remain so when this case is finally concluded.”

Sen. Chris Larson, D-Milwaukee, said: “Today’s court ruling recognizes the Republican abuse of power as going too far in shutting out our neighbors’ voices in elections.

“Attempts to suppress the public’s voice by politically gerrymandering districts in order to weaken the voting power of targeted groups is a betrayal of our fundamental freedoms and values. The ruling today should serve as strong warning to Wisconsin and as a clear precedent to other states. If we were outsiders taking a real look at the flawed, unfair, and undemocratic voting system that one party rule has thrust upon our state, I am certain the majority of us would be shocked and outraged.

Senate Democratic Leader Jennifer Shilling, D-La Crosse, said: “We’ve known for years that Republican politicians have abused their power to rig Wisconsin elections in their favor. From disenfranchising voters, limiting polling places, restricting voting hours and drawing unconstitutional legislative districts, Republican politicians have waged an unprecedented attack on our democratic values. Every voter deserves to have their voice heard and I am relieved that our judicial system is helping to hold Republicans accountable for their unconstitutional partisan power grabs.”

Democratic Party of Wisconsin Chair Martha Laning added: “The Republican 2011 legislative maps – created in secret – have been declared unconstitutional by the courts. This is a historic victory for our democracy and all of the voters in the great state of Wisconsin.

“I look forward to the creation of new district lines that respect Wisconsin’s tradition of fair and open government and ensure that all of the people and communities in our state are represented equally.”

President urged to lift ban on transgender troops

The United States should join the dozen other nations that allow transgender people to serve in the armed forces, a commission led by a former U.S. surgeon general said in a report released on March 13 that concludes there is no medical reason for the decades-old ban and calls on President Barack Obama to lift it.

The five-member panel, convened by a think tank at San Francisco State University, said U.S. Department of Defense regulations designed to keep transgender people out of the military are based on outdated beliefs that require thousands of current service members either to leave the service or to forego the medical procedures and other changes that could align their bodies and gender identities.

“We determined not only that there is no compelling medical reason for the ban, but also that the ban itself is an expensive, damaging and unfair barrier to health care access for the approximately 15,450 transgender personnel who serve currently in the active, Guard and reserve components,” said the commission led by Dr. Joycelyn Elders, who served as surgeon general during Bill Clinton’s first term as president, and Rear Adm. Alan Steinman, a former chief health and safety director for the Coast Guard.

The White House referred questions to the Department of Defense.

“At this time there are no plans to change the department’s policy and regulations which do not allow transgender individuals to serve in the U.S. military,” said Navy Lt. Cmdr. Nate Christensen, a defense department spokesman.

The report says that while scholars have yet to find government documents explaining the basis for the ban, which has existed in medical fitness standards and conduct codes since the 1960s, it appears rooted in part in the psychiatric establishment’s long-held consensus, since revised, that people who identity with a gender different from the one assigned at birth suffer from a mental disorder.

The ban also was apparently based on the assumption that providing hormone treatment and surgeries would be too difficult, disruptive and expensive. But the commission rejected those notions as inconsistent with modern medical practice and the scope of health care services routinely provided to non-transgender military personnel.

“I hope their takeaway will be we should evaluate every one of our people on the basis of their ability and what they can do, and if they have a condition we can treat we would treat it like we would treat anyone else,” Elders said in an interview with The Associated Press.

The panel’s work was commissioned by the Palm Center, a think tank based at San Francisco State that is funded in part by a $1.3 million grant from Jennifer Pritzker, a Chicago billionaire and former Army lieutenant colonel who came out as transgender last year.

At least a dozen nations, including Australia, Canada, England and Israel, allow transgender military personnel. Transgender rights advocates have been lobbying the Pentagon to revisit the blanket ban in the U.S. since Congress in 2010 repealed “don’t ask, don’t tell,” the law that barred gay, lesbian and bisexual individuals from openly serving in the military.

The commission argued that facilitating gender transitions “would place almost no burden on the military,” adding that a relatively small number of active and reserve service members would elect to undergo transition-related surgeries and that only a fraction might suffer complications that would prevent them from serving. It estimated that 230 transgender people a year would seek such surgery at an average cost of about $30,000.

Retired Brigadier General Thomas Kolditz, a former Army commander and West Point professor on the commission, said he thinks allowing transgender people to serve openly would reduce assaults and suicides while enhancing national security. Lawyers for Chelsea Manning, the Army private convicted of giving classified documents to WikiLeaks, presented evidence that stress over having to keep her gender identity secret contributed to an irrational belief that she could end the war in Iraq and by leaking the information.

“When you closet someone, you create a security risk, and we don’t need another Chelsea Manning,” Kolditz said. “If I were a commander, I certainly wouldn’t want people in my unit in a position to be blackmailed.”

The commission recommends the president issue an executive order instructing the Department of Defense to amend its regulations so transgender people are no longer automatically barred. The Pentagon then would need to develop rules for assigning service members who are transitioning, said Palm Center executive director Aaron Belkin.

The Williams Institute estimates that the U.S. currently has about 15,500 transgender military personnel, nearly all serving under their birth genders and not transitioning in an appearance-altering way.

Exorcism of 1949 continues to fascinate St. Louis

Saint Louis University junior Zach Grummer-Strawn has never seen “The Exorcist,” the 1973 horror film considered one of the finest examples of unadulterated cinematic terror. He’s only vaguely familiar with the monthlong 1949 demon-purging ritual at his school on which the film and William Peter Blatty’s 1971 novel were based.

But just in time for Halloween, Jesuit scholars have joined a whole new generation of horror buffs in St. Louis to recount the supernatural incident. The university hosted a panel discussion this week on the exorcism, which involved the treatment of an unidentified suburban Washington, D.C., boy. About 500 people crammed into Pius XII Library, with some spilling into the library aisles, leaning against pillars or sitting on desks.

“I’d like to believe it’s the real thing,” said Grummer-Strawn, a theology and sociology student from Atlanta. “But you just can’t know. That’s part of why we’re here. It’s the pursuit of truth. And it’s such a great story.”

The university scholars and guest speaker Thomas Allen, author of a 1993 account of the events at the school’s former Alexian Brothers Hospital, emphasized that definitive proof that the boy known only as “Robbie” was possessed by malevolent spirits is unattainable. Maybe he instead suffered from mental illness or sexual abuse – or fabricated the entire experience.

Like most of religion’s basic tenets, it ultimately comes down to faith.

“If the devil can convince us he does not exist, then half the battle is won,” said the Rev. Paul Stark, vice president for mission and ministry at the 195-year-old Catholic school. He opened the discussion with a prayer from the church’s exorcism handbook, imploring God to “fill your servants with courage to fight that reprobate dragon.”

Some of the non-students in the audience spoke of personal connections to an episode that has enthralled generations of St. Louis residents.

One man described living near the suburban St. Louis home where the 13-year-old boy arrived in the winter of 1949 (his Lutheran mother was a St. Louis native who married a Catholic). Another said she was a distant cousin of Father William Bowdern, who led the exorcism ritual after consulting with the archbishop of St. Louis but remained publicly silent about his experiences – though he did tell Allen it was “the real thing.”

Bowdern died in 1983.

Bowdern was assisted by the Rev. Walter Halloran, who unlike his colleague spoke openly with Allen and expressed his skepticism about potential paranormal events before his death a decade ago.

“He talked more about the boy, and how much he suffered, and less about the rite,” Allen said. “Here was a scared, confused boy caught up in something he didn’t understand.

“He told me, ‘I simply don’t know,’ and that is where I leave it,” the author added. “I just don’t know.”

Allen zealously protects the anonymity of “Robbie,” despite others’ efforts to track him down to this day.

Gary Mackey, a 59-year-old accountant who left work early to attend the campus event, said he also is unsure whether “The Exorcist” was a work of fiction or instead a riveting real-life account of barely comprehensible forces.

He does know this: He cannot forget the movie that he saw with a buddy four decades ago. They drove 100 miles (160 kilometers) from their home in Louisville, Kentucky, to the nearest theater showing it across the state line in Cincinnati.

“I saw the movie when I was 19 years old and it scared me to death,” Mackey said. “I think it’s the scariest movie ever made.”

Rep. Pocan to hold congressional briefing on LGBT homeless youth

Openly gay U.S. Rep. Mark Pocan, D-Wis., will hold a briefing panel today (June 11) on LGBT youth homelessness.

The briefing was scheduled for 2 p.m. EST in the Cannon House Office Building.

A notice from Pocan, who is a co-chairs of the Congressional LGBT Equality Caucus, said, “Homelessness is one of the most pressing matters affecting LGBT youth in our country. Recent studies find that nearly 40 percent of homeless or at-risk youth identify as LGBT, yet less than 10 percent of young people in the country identify as LGBT.

“This startling over-representation in homelessness statistics is overwhelmingly based on rejection of LGBT youth by family. Forty-six percent ran away because of family rejection stemming from their sexual orientation or gender identity/expression while 43 percent were forced out of the home by parents because of their sexual orientation or gender identity/expression.

“Despite these statistics only twenty-four percent of homeless youth programs are designed specifically for the unique needs of LGBT youth, such as programs that mediate family conflict due to a child’s sexual orientation or gender identity/expression.”

Panelists were to include: Jama Shelton, Forty to None project director, True Colors Fund; Bryan Samuels, commissioner, Administration on Children, Youth and Families; Todd Shenk, special assistant, Federal Housing Administration; Sharon McDonald, director of Families and Youth, National Alliance to End Homelessness; Tim Clark, board of directors, Pathfinders Milwaukee.

Forum on federal debt, deficits set for May 2 in Madison

Former U.S. Comptroller General David M. Walker will be the featured speaker at an evening forum May 2 at the Wisconsin Institutes for Discovery in Madison.

Walker will be joined by U.S. Sen. Ron Johnson, R-Wis., and U.S. Rep. Mark Pocan, D-Wis., for a panel discussion at the forum on “Federal Debt, Deficits and Bipartisan Solutions for a Prosperous Future.”

The forum, 6:30-7:30 p.m., will be hosted by The Concord Coalition, the Bipartisan Issues Group (BIG), The Can Kicks Back, and Fix the Debt-Wisconsin. The program is free and open to the public but reservations are requested at www.concordcoalition.org/WI0502.

Walker served as seventh comptroller general and head of the Government Accountability Office from 1998 to 2008. He has also written three books, the latest one a bestseller titled “Comeback America: Turning the Country Around and Restoring Fiscal Responsibility.”

Pocan said the discussion would include how to responsibly manage the federal budget and “ways we can work in a balanced, bipartisan manner to reduce our long-term deficits by jump-starting the economy and getting people back to work right now.”

WHAT: “Federal Debt, Deficits and Bipartisan Solutions for a Prosperous Future” Forum

WHO: Former U.S. Comptroller General David M. Walker, U.S. Sen. Ron Johnson and U.S. Rep. Mark Pocan

WHEN: 6:30 p.m. to 7:30 p.m. Thursday, May 2

WHERE: Deluca Forum at the Wisconsin Institutes for Discovery, 330 N. Orchard St., Madison.

FDA panel recommends in-home rapid HIV test

The U.S. Food and Drug Administration’s Blood Products Advisory Committee this week recommended approval of the first ever in-home rapid HIV test.

“We are always looking for game changers, and we believe this is one of them,” said Carl Schmid of the AIDS Institute. “Not only will it help reduce the number of infections but it will bring more people into care and treatment.”

The product – the OraQuick In-Home HIV Test – is manufactured by OraSure Technologies and is the same device as the OraQuick Rapid Test, which is already approved for use in a broad range of health care settings and is the standard of care at most testing sites around the country.

Its accuracy, ease and efficiency have been repeatedly demonstrated in national studies. The test involves swabbing saliva from the mouth and takes about 20 minutes for a reading.

“Approximately 50,000 individuals in the U.S. are newly infected with HIV each year,” said National Minority AIDS Council legislative affairs director Kali Lindsey. “Even more alarming is the fact that one in five people living with HIV in America do not know it. The OraQuick In-Home HIV Test would provide an important tool to supplement current HIV screening efforts by providing an accessible, relatively inexpensive device that can be used in the privacy of one’s own home.”

The Institute of Medicine recently examined the extent to which current policies and practices present barriers to HIV testing. It concluded that minority populations are infected at a higher rate and they shoulder a considerably higher percentage of undiagnosed HIV/AIDS cases.

“Expanded access to testing, including through accurate in-home screening, is an essential tool in slowing the spread of HIV,” Lindsey said. “At the same time, we must ensure that those who do test positive can easily access care and support services, much like those included in the OraQuick testing package.”

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UN panel on anti-gay violence denounced

A Pakistani spokesman for the United Nation’s Islamic bloc said today that its 56 member states would ignore a scheduled UN rights panel on anti-gay violence.

He said members were “disturbed” at the “attempted focus on certain persons” on the grounds of their “abnormal sexual behavior,” which “have nothing to do with fundamental human rights.”

The announcement, reported on Feb. 17 by the Geneva-based human rights group UN Watch, prompted sharp reactions from human rights activists.

UN Watch director Hillel Neuer urged U.S. Secretary of State Hillary Rodham Clinton to condemn the “scandalous assault on the right of gays not to be put to death in countries like Iran, Mauritania, Saudi Arabia, Sudan and Yemen.”

“Human rights are universal and there is no religious exemption for barbaric violence against innocent human beings anywhere,” said Neuer, who lauded Clinton for leadership on the issue at the UN.

“We’re alarmed by a steady drumbeat against gays by powerful countries,” said Neuer, who said diplomatic sources have informed UN Watch that the Islamic states are considering a walkout during the March 7 panel.

The letter by Pakistan’s Geneva envoy Zamir Akram on behalf of the Organization of Islamic Cooperation –comprised of 56 Islamic UN member states and the Palestinian Authority – was sent on Valentine’s Day to UN Human Rights Council president Laura Dupuy Lasserre and UN High Commissioner for Human Rights Navi Pillay.

The OIC declared its unequivocal opposition to the upcoming panel discussion concerning a new UN report on discriminatory laws and practices and violence against individuals based on their sexual orientation and gender identity. The OIC will “will not accept its considerations and recommendations.”

The panel and report were mandated by the council’s historic June 2011 resolution, which passed by a slim majority.

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