Thursday, November 5, 2009

Leaked email proves DNC misled gay community. DNC Treasurer Andy Tobias admits DNC intentionally asked Mainers to help Corzine, after DNC denied it.


I think we just caught the DNC lying to the gay community about the election in Maine. And an email from DNC Treasurer Andy Tobias, which we quote below, proves it.

Joe broke the news on Monday that the DNC's "Organizing for America" group, formerly known as "Obama for America," contacted Mainers by email, urging them to vote on Tuesday, but without mentioning what the election was about, nor which way to vote. Among the measures up for a vote was ballot measure 1, the repeal of gay marriage in that state. A number of us were concerned as to why the DNC wouldn't inform gay voters that 1 was on the ballot, let alone not urging them to vote "no."

Shortly thereafter, a second Mainer received another email from the DNC's OFA. This one urged her to call five people in New Jersey, in order to help Jon Corzine's re-election for governor. This was disturbing for a number of reasons. First, why would the DNC ask Mainers to help out in New Jersey, while not asking Mainers to help on "1" or any other ballot measures in their own state? Second, the email was proof that the DNC was in fact doing more than sending generic "get out the vote" messages to advocate. In states they deemed worthy, they were actually organizing for specific things on the ballot. Marriage in Maine simply didn't pass muster.

That's when I received a call from a senior DNC official. Part of the call was off the record, and I will respect that confidence, even if I was misled (more on that below). A portion of the call was on background, meaning I was permitted to report what I was told, without saying who exactly told me. I was told in that call that my story about the Corzine email was flat out wrong. I was told, verbatim, that "the DNC did not send an email to our Maine list asking them to make calls in New Jersey."

Shortly after I received that call, Greg Sargent at the Washington Post's Plum Line contacted the DNC about this story, and the DNC refused to comment. That struck both Joe and me as odd, since the DNC had only half an hour before given me a comment. Why the sudden clamp down? Did they know that they had misled me, and didn't want to mislead any other journalists?

Subsequent to the DNC's claim that they hadn't intentionally contacted Mainers, a second Mainer got a DNC/OFA email asking him to call five voters in New Jersey to help Corzine.

We now know that what I was told was untrue. Or at the very least, it was purposefully misleading. Mainers were intentionally included in a broader email blitz that the DNC did, nationwide, to help Corzine's race. We know this because DNC Treasurer Andy Tobias admitted it in a lengthy email message to DNC donors yesterday. Here is an excerpt of Tobias' email to the donors - an email sent a good 30 hours after my conversation with the DNC official:
1. An email went out asking activists to make calls to New Jersey. It was insensitive not to omit Mainers from that email. I apologize that no one thought to do that. I can’t imagine it could have cost No On One even a dozen votes, but I still wish someone would have thought of this in time to catch it. Mistake noted.

2. A different email went out to Mainers urging them to vote. As the only thing of substance anyone was voting on in Maine was Question One, and as Democratic activists vote our way, this was a small but positive effort to be helpful.

I would have liked to see that email discuss No One One directly, in case there may have been an email-enabled Organizing for America activist someplace in Maine who did NOT know where Maine Democrats stood on this issue. (Out of the country without Internet access until the night before the election?) But I’m told there was concern that advocating specifically for a ballot initiative, whether LGBT or otherwise, would set a precedent for every other ballot initiative. Bureaucracies are nervous about setting precedents.
My analysis of the email, after the jump...

A few points here:

1. Tobias admits that Mainers were included in the nationwide Corzine email blast. The quote given to me by the DNC official was intended to convince the gay community that no such email was sent, at least not willfully. That was untrue. Tobias' quote also proves that I was lied to, or at the very least intentionally misled, in the off the record part of my phone call with the DNC about this issue as well.

2. Tobias confirms that Mainers did receive a get out of the vote email from the DNC/OFA (this was not disputed by the DNC). And to his credit, Tobias states that he wishes the email had mentioned No on One, the pro-gay campaign fighting the marriage repeal effort.

3. The notion that mentioning "No on 1" in the Maine GOTV email would have had little to no effect is absurd. If Democrats in Maine know how to vote on the anti-gay ballot measure, and thus don't need guidance, then Democrats in New Jersey equally know to vote for the Democratic gubernatorial candidate, and thus need no coaxing from the DNC and OFA.

And what's more, Obama won Maine in the 2008 presidential election by 58% (421,923 votes) to McCain's 40% (295,273 votes). We lost marriage equality in Maine by 53% (299,483 votes) to 47% (267,574 votes), or by 31,909 votes. If Obama won Maine with 421,923 votes, and we only needed 299,484 votes to win on gay marriage repeal, then something is wrong here. A lot of Obama voters, 122,439 to be exact, did not turn out and vote, period. So it's obvious that not all Democrats in Maine already knew to vote and which way to vote. They didn't vote at all.

But more to the point, would the DNC have us believe that the aggressive intervention of the DNC and the President could not have helped sway the President's own voters to get out and vote against ballot measure 1, when they otherwise sat home? Clearly President Obama was able to motivate these extra 122,439 people a year ago, but we're to believe that he couldn't motivate them today? We only needed 26% of those people to turn out and help us. We got none of them. And we'll never know if the fierce advocacy of the DNC and the President would have helped, because they didn't even bother trying. And then they tried to mislead us, to boot.

4. And finally, the DNC has concerns about getting involved in local ballot initiatives? Why? They did it last year under Howard Dean, when they donated $25,000 to the coalition fighting Prop 8's repeal of gay marriage. President Jimmy Carter did it in 1978, when he came out against the Briggs Initiative, that would have banned gays and lesbians from being teachers in California. But regardless, why does the DNC (and the White House) have a problem getting involved when a core Democratic constituency is having its civil rights taken away by the far-right base of the Republican party? We were promised that this administration would be our fierce advocate. Now all we get are excuses.

And the DNC and the White House wonder why they have a growing problem with the gay community.

PS I think the labor movement might have a problem with the DNC's assertion that nothing else of substance was on the ballot in Maine. In fact, conservative activist Grover Norquist was trying to pass his TABOR proposal, the so-called Taxpayer Bill of Rights.
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Mixner says the GayTM is closed


David Mixner:
How can we have any dignity, honor or pride in ourselves if we validate this continued process of ballot box terrorism? How can we stand tall next to each other if we explain away another's cowardliness? How can we allow people to dehumanize our relationships and our very integrity if we give people passes to sit out the battle for our very freedom? No longer are political timelines a reason for delay, no longer are incremental approaches acceptable and no longer can the political process expect us to be patient and wait our turn. Our turn came long ago and there will be no more waiting.

...As so many others have said, "The Gay ATM Machine is closed." Not one penny more for those who are fair weather friends, who ask us to delay and who insist patience is a virtue in the face of injustice. I was astounded a few weeks ago in Washington when all my liberal friends were urging me to support the Democrat Owen in upstate New York who won election on Tuesday. When I responded that he was strongly against marriage equality and opined that they shouldn't be supporting him, it was quickly pointed out to me that the Human Rights Campaign was supporting him. Well, you know what? I don't care. If we support people who are against full equality, how can we expect others to do differently? No more excuses. Stop it. Close the checkbooks to those who are not fully on our side.
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Rex Wockner summarizes the Maine loss


Good overall summary from Rex:
The very well-run NO on 1 campaign studied and learned from the failed Proposition 8 campaign last year in California. No on 8 didn't use gay people in its television ads; NO on 1 did. No on 8 took too long to respond to the opposition's scary TV ads; NO on 1 responded immediately each time.

About the only thing NO on 1 could have tried that it didn't was to run alarmist, negative ads itself. Some observers thought NO on 1 should have tried that, but there was no loud or sustained effort to change the campaign's decision in that regard. The campaign believed that calling its opponents "bigots" would alienate some of Maine's libertarian-leaning voters who opposed vetoing same-sex marriage based on general political philosophy more than any strong pro-gay sentiment.

NO on 1's TV ads stuck to a theme of equality for all Maine families.

The opposition repeated over and over that legalizing same-sex marriage would change what children were taught in Maine schools. The anti-same-sex-marriage campaign also ran an ad arguing that Maine's domestic-partnership law, which does not bestow all state-level rights and obligations of marriage, provides same-sex couples with enough equality.
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And now your mental health break


I've posted this before. But I don't think you can ever grow tired of this. Here's the back story on it. It's basically a bunch of French bloggers. God bless em. Now you'll see first-hand why I love the French.

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Signorile on the news that Dems are talking about throwing us under the bus, again.


From Mike's blog, the Gist:
From The Hill comes the news that members of Congress are getting cold feet on LGBT issues -- and other issues they're running scared from -- and want to put everything on hold until after the 2010 mid-term elections. Where have we heard this before? And once again, our big Washington groups have sold us out, telling us to wait and apologizing for the President and the Democrats while we have stressed that the time is now, that we won't have an Democratic president with this kind of Democratic majority in Congress for long and that if we don't do it this year they won't want to do it in an election year:
Joe wrote about this the other day - his thoughts here. Read More...

Will gay families be excluded from health care reform?


The Washington Blade is concerned. As am I. I wrote back in June about the very real possibility that health care reform could exclude gay families.
They'd rather pass a health care reform bill that excludes gay families from benefits. Oh yeah, didn't you know that? Do you honestly think Obama/Congress' health care reform bill is going to include gay families in their definition of spouses and dependents? Please. And while I'm told by at least one gay legal expert that Congress "could" include language providing benefits for gay families and not run afoul of DOMA (simply don't provide benefits based on "marriage" or quasi-marriage (aka civil unions)) - and it's not at all clear to me that DOMA, that other pesky little promise that Obama has now backstabbed us on, won't negate us getting benefits even if the bill provides them - does anybody really believe that Obama and Reid are going to include language recognizing gay families as dependents? Remember, it might upset the Republicans and the religious conservatives if we get our civil rights, and the Democrats don't do things that make 20% of the population angry.
But since we raised the issue in June, and it's now five months later, I'm sure the president's gay adviser, Brian Bond, has raised this issue to the president and gotten it fixed. After all, it would be pretty crass of the White House to pass legislation that excluded gay families. I can't imagine that would go over very well in a community that's already pretty ticked off at the White House and the Democratic party overall.

It seems this concern is finally getting some traction. The gist of the problem? What is a "family"? And even better - guess who gets to decide? The Obama administration. Anyone want to take bets on whether the President sides with us, or whether he instead, yet again, says he just can't lift a finger to help us until DOMA is repealed - even though he's doing nothing to move us towards a DOMA repeal.

What a convenient little Catch 22. More from the Washington Blade after the jump.

From the Washington Blade (via Pam)
As gay rights supporters praise the House’s recently unveiled health care bill for its LGBT and HIV/AIDS provisions, some acknowledge the Defense of Marriage Act could restrict benefits from flowing to LGBT people, depending on how the administration interprets the statute.

The $894 billion package, made public last week by House Speaker Nancy Pelosi, compiled the work of three committees that produced health care bills. It includes a government-run insurance option that could extend coverage to about 36 million uninsured Americans.

Rep. Tammy Baldwin (D-Wis.), the only out lesbian in Congress and an advocate for the health care reform bill, said she’s expecting House members to approve the legislation soon following floor debate.

But the bill, H.R. 3962, uses the terms “family” and “dependent,” and advocates say the new Health Choices Commissioner — a position established in the legislation to oversee the insurance exchange — could interpret this language to mean someone’s opposite-sex spouse, but not a same-sex spouse.
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DNC and White House did nothing to help Washington state battle either


I just confirmed that the White House and DNC did absolutely nothing to help the groups fighting for domestic partnerships in Washington state on election day. This parallels what happened in Maine - which was absolutely nothing from the DNC or the White House, other than a bland "get out the vote" message from the DNC, with no mention at all about what they were voting about, or how to vote, and a generic "we oppose discrimination" statement from the White House that didn't even mention Maine or Washington state. Oh, and the DNC did ask several Mainers to help Corzine in New Jersey, rather than helping No on 1, or the TABOR issue, in their own state.

Keep in mind one thing. The Democratic party might claim, sotto voce, that they just couldn't help in Maine because it was about gays marrying, and, well, you know - that marriage thing scares people. I don't buy it, but let's just assume arguendo that this is a valid excuse. Then why didn't the DNC and the White House help in Washington state, where they were simply working on getting domestic partner benefits, something even President Obama has already openly said he supports? How icky could that be? Yet, they didn't lift a finger. So "marriage" wasn't the problem. Gay was the problem.

Anyone from the Democratic party have a good explanation as to why they abandoned America's gay and lesbian community on election day? Read More...

Administration testifies in favor of ENDA


Thomas E. Perez, Assistant Attorney General for the Civil Rights Division, testified today before the Senate Committee on Health, Education, Labor and Pensions at a hearing entitled “Employment Non-Discrimination Act: Ensuring Opportunity for All Americans.”

AAG Perez.testimony.11.05.09 Read More...

An interesting exchange that just took place in the comments on the main blog


I wrote a post about how President Obama seems to be backing away from his "change" theme, since a lot of people are getting upset that not much is changing. We had some very interesting responses in the comments. Here was the initial comment, from Chandler, who was upset that we are upset with President Obama's actions on gay rights issues:
Every interest group is NOT going to get everything they want.

If you are so upset, change political parties. Go to the other side and see what they have to offer you.

Sometimes we can be such fools. Sometimes we need to get over our instant gratification obsession and deal with reality.
Here are a few responses. First from Kelley Canfield:
Instant Gratification - ahh, that sounds about right.

I was thrown out of the house 30 YEARS AGO at 17 for being gay and coming out. From that first month living out of a duffle bag on the street I knew it was going to be a long long road for acceptance.

Are you gay? Have you been an out gay ADULT for 30 years, or more?

If you're not gay, don't lecture me one second.

If you're gay and relatively young, you owe me and people like me gratitude due to the fact that it's easier for your generation because of the efforts of mine.

If you're gay and relatively young, you are in zero position to counsel patience in the face of the PERSISTENCE of my efforts, and the fact that my efforts may be LOUD and RUDE and lacking in DEFERENCE to AUTHORITY are EXACTLY what have lead to more acceptable conditions for YOU.
And this:
Screw you and your "instant gratification". I'm 44 years old pal and I still don't have my civil rights. I was born here you asshole and I get to watch immigrants come into this country and get married and be afforded rights, that I, a natural born U.S. citizen am denied.
And this from Nancy50:
"Also - every interest group is NOT going to get everything they want."

Ok, let big pharma and wall street, finance his continued hope and change bull shit - they are two interest groups that have gotten quite what they wanted.
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Harvey Milk on "Briggs Initiative" in 1978


Its amazing to me that when Europe has moved so far forward on civil rights for their LGBT people, the United States is mired in placing the civil rights of a minority on the ballot just like they were doing back in 1978. When you watch this amazing video of Harvey Milk, discussing the bigoted Briggs Initiative, that would have banned gays and lesbians from teaching in public schools, you see how far we haven't come. The public is still voting on our human rights.



I'm also reminded that President Jimmy Carter was willing to be our "fierce advocate" opposing the Briggs Initiative in 1978. President Carter didn't make excuses for why the White House couldn't come to the aid of our community. Read More...

Senate Committee holds hearing on ENDA today


The Senate Health, Education, Labor and Pensions Committee is holding a hearing on S.1584, the Employment Non-Discrimination Act (ENDA) this morning at 10:00 A.M. The bill is sponsored by Senator Jeff Merkley (D-OR) and has 42 co-sponsors. The Majority Leader, while not a sponsor, is a strong supporter of ENDA. Watch the hearing online here.

Kerry Eleveld reports on the witnesses at the hearing, noting that no transgender witness will be on the panel:
According to a Democratic aide, the witness list was organized so that it would provide four key elements: testimony from a representative of the Obama administration, legal analysis of the bill, perspective from an employer and a state government that have implemented protections, and personal testimony from an individual who experienced harassment or was fired from a job as a result of their sexual orientation or gender identity.

The time limitations of the hearing essentially left one spot open for testimony from an LGBT individual who had been affected by job discrimination. That person will be Mike Carney, a gay police officer from Springfield, Mass., who also testified in a 2007 ENDA hearing before a House committee.

The Transgender Law Center, however, will provide written testimony to be entered into the record, according to executive director Masen Davis.
The full list of witnesses is below the fold.

This is the witness list for today's hearing, via the HELP website:
Witness Testimony

Panel I

Tom Perez, Assistant Attorney General, Civil Rights Division, United States Department of Justice, Washington, DC

Panel II

Helen Norton, Associate Professor of Law, University of Colorado School of Law, Boulder, CO

The Honorable Lisa Madigan, Attorney General, State of Illinois, Chicago, IL

Virginia Nguyen, Diversity & Inclusion Team Member, Nike, Inc., Beaverton, OR

Mike Carney, Police officer, City of Springfield Police Department, Springfield, MA

Craig Parshall, Senior Vice President and General Counsel, National Religious Broadcasters Association, Manassas, VA

Camille Olson, Partner, Seyfarth Shaw, LLP, Chicago, IL
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