Connecting Federal Rulings on Prop 8 and SB 1070

My friend Sandip Roy has a great piece up on Salon magazine connecting the two recent federal rulings on Arizona's SB 1070 and California's Proposition 8. Called "Proposition 8 and S.B. 1070: Sisters under the skin?", Sandip writes from the perspective of a queer immigrant to point out that the two apparently disparate rulings validated two parts of his identity but stemmed from the same law: the 14th amendment to the U.S. constitution.

On July 28 Susan Bolton issued an injunction that defanged the anti-immigrant S.B. 1070 in Arizona. On Aug. 4, Vaughn Walker found California’s Proposition 8 that outlawed same-sex marriage unconstitutional. For this they will both be tarred as “judicial activists.” Judge Bolton has received death threats. Judge Walker is being denounced.

I have no idea if the two judges know each other, but within one week, they had suddenly brought together two parts of who I am. As a gay immigrant, I am used to juggling identities, never sure which one is acceptable in which setting, which one I should check at the door.

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The fight over Proposition 8 in California rested on the 14th Amendment of the U.S. constitution. What Judge Walker found was Proposition 8 violated the due process and equal protection clause of the 14th Amendment to the Constitution.

The fight over illegal immigration is about federal jurisdiction and states' rights but it also boils down to the 14th Amendment. That’s the grand prize, the Holy Grail that the Russell Pearces of Arizona are really aiming to overturn. Pearce wrote in an e-mail obtained by CBS 5 News: "I also intend to push for an Arizona bill that would refuse to accept or issue a birth certificate that recognizes citizenship to those born to illegal aliens, unless one parent is a citizen."

[...]

Yes, both victories are just rest stops in much bigger fights. Both fights are probably headed for an uncertain future in the U.S. Supreme Court. But until today I didn’t realize that in some ways it’s the same fight. Supervisor David Campos told the cheering crowd that this was about "justice for all" -- not just "gays and lesbians, but immigrants and minorities and transgender."

That can sound like San Francisco big umbrella talk. But these cases touch each other in ways I didn’t realize. My numerologist friend said, "Of course they do, the digits in 1070 add up to, you guessed it, 8."

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If the twin judgments show anything it's this. Though the crowd that celebrated Bolton’s decision in Phoenix might look different from the crowd celebrating Walker’s ruling, these are sisters under the skin. As [Equal Justice Society's Eva] Paterson reminded the crowd, "It’s the same law that gave equality and protection to immigrants in Arizona."

A great example of intersectional analysis at work..

POLL: Support for AZ Immigration Law Hits 57%

A new CBS national poll indicates that support for the arguably racist Arizona immigration law has hit 57%.

Support for the measure increased five points since May. Since then, the Justice Department has filed suit against the law, claiming that it usurps federal authority to enforce immigration laws.

The measure in question, signed into law in April and slated to go into effect later this month, makes it a state crime for a person to be in the country illegally. It also requires local law enforcement to question a person about his or her immigration status during all "lawful stops" if there is "reasonable suspicion" that person may be in the country illegally.

Twenty-three percent of Americans think the law goes too far, according to the poll, conducted July 9 - 12. That's down five points from the 28 percent who said in May that the measure goes too far. Another 17 percent said it doesn't go far enough.

About half of Americans - 52 percent -- say states should be able to enact laws regarding illegal immigrants, while 42 percent think only the federal government should able to do so.

There is a sharp partisan divide on this question: most Democrats (58 percent) say laws covering illegal immigration should be the responsibility of the federal government only, while Republicans (64 percent) and independents (58 percent) think the states should be allowed to pass such laws.

Half of Americans think illegal immigrants take jobs that Americans don't want, while fewer - 42 percent -- say they take jobs away from Americans.

The CBS poll also indicates that public support for the health care reform legislation has dropped seven points since May 20th.

Interestingly, a poll of LGBT respondents show that they overwhelmingly oppose the Arizona law.

20 LGBT Group Blast Arizona Anti-Immigrant Law

Lesbian, gay, bisexual and transgender rights groups and allies join
outcry against anti-immigrant measure in Arizona

More than 20 lesbian, gay, bisexual and transgender (LGBT) equality groups and allies today issued the following joint statement:

Arizona’s S.B. 1070 takes the state down a path that will lead to racial profiling, discrimination and anti-immigrant extremism. We stand in solidarity with other individuals, organizations and local governments in rejecting the misrepresentation of immigrants put forth in this unjust and ill-conceived measure.

S.B. 1070 essentially declares an entire class of people to be inherently criminal on the basis of their race and appearance. The consequences of S.B. 1070 are grave and troubling: the inevitability of racial profiling and infringement of civil liberties; the strong probability of violence and harassment against individuals and their families; and the reversal of progress toward creating a more inclusive society.

We also note that this bill was signed into law by Gov. Jan Brewer, the same governor who last year stripped away earned health insurance benefits from the same-sex domestic partners of state employees. Brewer’s actions as governor demonstrate, at best, callous indifference — and at worst, willful malice — toward immigrants and LGBT people alike.

All Arizona families — lesbian, gay, bisexual, transgender and straight — have reason to be alarmed. The state’s new law threatens to tear apart families, separate children from their parents and rip apart loving couples who are building their lives together. The LGBT community knows all too well how easily people who “look different” or “act different” can be singled out for harassment and persecution. LGBT immigrants will be doubly vulnerable under this law, which gives license to discriminate.

We are united in our determination to stand for political and legislative change that will ensure just treatment of immigrants, people of color, and all people in Arizona. Such justice requires the repeal of S.B. 1070 and the passage and implementation of comprehensive federal immigration reform.

Today we join with groups such as Service Employees International Union, League of United Latin American Citizens, Asian American Justice Center, Leadership Conference on Civil and Human Rights, Mexican American Legal Defense and Education Fund, National Council of La Raza, National Action Network, the National Puerto Rican Coalition, and many others in the boycott against the state of Arizona until S.B. 1070 is repealed, overturned by the courts, or superseded by comprehensive federal immigration reform.

National Gay and Lesbian Task Force Action Fund
Human Rights Campaign
GLAAD
Immigration Equality
National Black Justice Coalition
National Coalition of Anti-Violence Programs
Out & Equal Workplace Advocates
International Foundation for Gender Education
Family Equality Council
Two Spirit Press Room
Equality Federation
National Minority AIDS Council
National Gay & Lesbian Chamber of Commerce®
Freedom to Marry
Gay Men's Health Crisis
Lambda Legal
BiNet USA
International Federation of Black Prides, Inc.
Consortium of Higher Education LGBT Resource Professionals
UNID@S
SAGE
Atticus CircleNational Center for Lesbian Rights

Hey Arizona, This Is What An Immigrant Looks Like!

The newly crowned Miss USA is Rima Fakih, and she is an Arab-American immigrant whose Catholic Lebanese family came to the United States (legally) when she was a baby. Rima was Miss Michigan. Interestingly, the first runner-up, Miss Oklahoma Morgan Elizabeth Woolard expressed support for Arizona's anti-immigrant law SB 1070 during the very same beauty pageant.

I wonder if the new Miss USA will be traveling to Arizona in the next year?

Hat/tip Carlos in DC.

Immigration Equality Statement on Arizona Law

Immigration Equality, the premiere LGBT immigration rights group, issued the following statement on Arizona's new draconian immigration law:

“Immigration Equality joins immigrants, families and allies in Arizona and around the country in condemning the state’s new anti-immigrant law. The law is unjust, unconstitutional and unconscionable. Everyone of every ethnicity, faith, and sexual orientation should be concerned and appalled that a state has criminalized human beings based on who they are.

The lesbian, gay, bisexual and transgender community knows all too well how easily people who “look different” can be singled out for harassment and prosecution. In addition, LGBT immigrant families are too familiar with the double burden of immigration discrimination. Now Arizona’s LGBT families have yet another reason to be alarmed. The state’s new law threatens to tear apart families, separate children from their parents and rip apart loving couples who are building their lives together. Forty percent of LGBT binational couples in the United States include a Latino family member. For them, and their loved ones, Arizona is now the most dangerous place in America.

We are confident our courts will strike down this heinous law, and stand in solidarity with all of those who are working for its demise. The need for comprehensive immigration reform that protects all families has never been more urgent, and we are working every day to make it a reality.”

Although, they do not call for a boycott of the state, several other organizations and people are doing just that.

Calls To Boycott Arizona Increase

In the wake of the enactment of SB 1070 in Arizona many people around the country are following my call for a boycott of the state of Arizona for as long as this law is in effect.

On Tuesday, seven members of the Los Angeles City Council signed a proposal for a boycott, calling for the city to "refrain from conducting business" or participating in conventions in Arizona. Councilman Ed Reyes, who coauthored the proposal with Councilwoman Janice Hahn, said he wants city officials to spend the next 90 days assessing the financial relationships that exist between various city departments and businesses based in Arizona

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The leader of the California Senate, Darrell Steinberg (D-Sacramento), called the law a "disgrace" and said the state also should consider a boycott. He sent a letter to Gov. Arnold Schwarzenegger asking for an inventory of Arizona businesses and government agencies with which California does business.

"The Arizona law is as unconscionable as it is unconstitutional, and the state of California should not be using taxpayer dollars to support such a policy," Steinberg wrote.

Already, several organizations have canceled planned conventions in Arizona. The American Immigration Lawyers Assn. announced that it is moving its fall convention, originally scheduled for Scottsdale in September.

Interestingly, according to Jon Stewart there is a provision in the law that if you declare that you are a citizen, then the police are supposed to take you at your word.

AZ Passes Bill To Criminalize Undocumented Status

The Republican-dominated Arizona legislature has passed a bill which would require police officers in the state to issue citations to people whom they have a "reasonable suspicion" is an undocumented immigrant, and determine their immigration status. Gee, I wonder how many blonde haired, blue-eyed Canadian immigrants are going to be cited!

Currently, officers can inquire about someone's immigration status only if the person is a suspect in another crime. The bill allows officers to avoid the immigration issue if it would be impractical or hinder another investigation.

Citizens can sue to compel police agencies to comply with the law, and no city or agency can formulate a policy directing its workers to ignore the law -- a provision that advocates say prevents so-called sanctuary orders that police not inquire about people's immigration status.

The bill cements the position of Arizona, whose border with Mexico is the most popular point of entry for illegal immigrants into this country, as the state most aggressively using its own laws to fight illegal immigration. In 2006 the state passed a law that would dissolve companies with a pattern of hiring illegal immigrants. Last year it made it a crime for a government worker to give improper benefits to an illegal immigrant.

Pity. I really enjoyed visiting Saguaro National Park outside of Tucson, but I will not be going to that state for as long as that state becomes law. Say, bye-bye to tourist dollars, Arizona!