Tag Archives: state legislatures

Democrats Need Focus

Not interested in the present White House contest

I’m not interested in the present bullshit.

Remain focused on the state legislatures, governors and attorneys general. They are the true sources of power in this country. The Supreme Court is 6-3, and Congress is incredibly hamstrung, thanks to the votes and laws of multiple state governments over decades. The balloons which they trial often make it into law or increase in popularity with like-minded counterparts across the country, and then sometimes flow upward into federal policy.

You may fear SCOTUS and what more they may allow, or what Trump will bring if he is elected again, but so many of you live under decades-long dark-red state rule with no option but to wait for demographics to shift in your direction just a little bit more each year, or each decade.

And what has that brought you? Learned helplessness, stuck in the suburbs of some red state, stuck being disappointed by the latest flow of bullshit from your state legislature.

And you pontificate on switching out the incumbent president for another nominee from whatever state while the sand continues to shift under your (and their) very feet.

Learn your history. Get some perspective. Relocate strategically. Plan accordingly.

Why liberals and socialists are reacting with hair on fire

I don’t think it’s a “circle jerk”, as a friend described it, at least not a total circle jerk. I have several thoughts about it.

They’re turning inward and insular because they’re being starkly reminded of the fragility of their appearance-dependent relationship with the nationalized centrist-Esque media and their donors, and they have no seeming refuge atm beyond, what, MeidasTouch? Lincoln Project? YouTubers?

Too many liberals want to be loved by nationalized media, and to keep their current relationship with that same media. Just as they’ve been with the judicial and executive branches of government, they may want to turn against nationalized media for now because things are going bad, but they always come back and never build out their own comparable counterpart to the conservative parallel economy. And their donors, small dollar and large all, are flighty as hell.

And the nationalization of the media apparently happened during the same period as the growth of the local news(paper) desert and the growth of Republican capture of state legislative majorities.

And the center-left are also lacking yet again for a strong bench of unifying personalities from outside the nationalized media to countervail the prevailing narrative, or to even fill a portion of the power vacuum which will be left if Biden withdraws or (worse) 25th-Amendments his remaining (first) term.

We may not have a Macron at the helm, but we also definitely don’t have a (less-problematic) Melenchon to offer an alternative, polarizing populist vision or personality. In leadership, We have a bunch of institutionalists and up-and-comers with the personality or relatability of a wet paper bag outside of their constituencies, none of whom are helping to build the parallel polis to protect their interests and narratives.

So we now see a circle jerk for those who only have (or seek) some distance from the nationalized centrist media and its blowback, not a full-blown parallel polis to buffer them ideologically from centrist blowback in a multitude of ways like what Trump has at his disposal.

Not even pro-Bernie people, as resentful as they may continue to be about 2016 or 2020 DNC, or people further left have built out much of their own parallel polis, unfortunately.

Free advice to Biden’s campaign

In France this week, Macron’s own prime minister, Gabriel Attal, got him to stop talking publicly about the election for the rest of this last week, because Macron, in his 40s, kept firing his mouth off at the political left (especially rival Jean-Luc Melenchon) at a time when that is absolutely not needed.

Macron may have looked at the numbers and decided that it would be better for the RN to grab a majority, appoint a far-right prime minister and try their hand at governing in such a way that the French public would be turned off afterwards.

Attal, OTOH, is actually fighting against this apathy, this resignation to an RN majority, and is not fighting those to his left. He’s actually committing to this “Republican front” strategy, and actually hates the far right more than he disagrees with the far-left. He knows ball.

This “Republican front” may have helped reduce the likelihood of a majority for the far-right National Rally in the runoff tomorrow, as per polls from yesterday. (UPDATE: It did, and Attal announced his resignation effective Monday. UPDATE: Macron rejected his resignation, wants him to stay until after the Olympics.).

If this is what’s needed to keep Biden in the election and keep Dems viable, then do it. Have him talk with a voice assistant at all public events like Jennifer Wexton. Have his surrogates campaign for him instead where necessary.

His actual voice is a worthy sacrifice if he’s that serious about running.

But if you’re going to side with anyone:

  • it must be Harris
  • you must support Harris completely, with no reservations.

We don’t need primaries

Hot take: French and British political parties do not use publicly-funded, state-ran primaries to nominate their parliamentary candidates, nor do they perceive their nomination contests to be public, mass affairs or extensions of the general election season which should be open to all party members or even non-party members.

Maybe we in the U.S. should reconsider using primaries (closed or open) to nominate our candidates or inviting participation from independents. Primaries add unnecessary expenses and time to campaigns and are incredibly inflexible to quality control concerns.

We really don’t need primaries, let alone open primaries.

Legalize proxy voting

Hot take: Legalize proxy same-day in-person voting.

It may violate the secret ballot, but if you want high turnout without relying upon early voting, drop boxes or the postal service, you’d allow voters to waive their right to a secret ballot and formally, temporarily give their power of attorney to another registered voter.

If you’re the type who wants to know the results on the night of and would rather that people show up on the day of, then proxy voting is the way to go.

France shows that it can work.

Good news from the states so far this year

  • Delaware’s legislature passed a repeal of their *statutory* death penalty, which awaits signature. 
  • Delaware Supreme Court legalized no excuse permanent absentee voting and early voting, overruling a lower court.
  • California will have a total ban on slavery on the ballot in November.
  • Wisconsin’s Supreme Court voted on party lines to legalize ballot drop boxes for upcoming elections. 
  • Ohio’s Citizens Not Politicians dropped off 730k signatures from the majority of Ohio counties for their amendment to institute a nonpartisan redistricting commission, which now awaits vetting by the Review Board.
  • Arkansas voters dropped off 100k signatures for an abortion legalization amendment, which now awaits vetting by the Review Board
  • Nevada will have an abortion amendment on the ballot in November
  • Michigan and Minnesota passed bans on gay/trans panic defense
  • California, Colorado will vote on marriage equality amendments, while Hawaii will vote on repealing language allowing the legislature to restrict marriage to opposite sex couples.
  • Maryland and New York will vote on inclusive equal rights amendments. 
  • Colorado, Florida, Maryland, New York, Nevada and South Dakota will vote on abortion legalization amendments. 
  • Nevada and Oregon will vote on adopting ranked choice voting in blanket primaries. Campaigns in Washington D.C. and Idaho have submitted ballot signatures for pro-RCV measures, and a campaign in Colorado have until August to submit 125k signatures. 
  • Florida and South Dakota will vote on cannabis legalization amendments.  
  • Minnesota passed a State Voting Rights Act and banned prison gerrymandering.

Good/interesting things I noticed recently

  • Pennsylvania Dems held their one-seat lower-house majority in a special election, and Joanna McClinton remains Speaker.
  • Nevada Dems advanced their NPVIC amendment to the next legislative session. Needs another majority vote in both houses in 2025 before it goes to the ballot in 2026.
  • Lots of good new laws passed in Minnesota.
  • Washington State legalized building more apartments. Still some more work to do, and it may take some time before homelessness is less rampant in the Seattle area.
  • Rose v Raffensperger: while the Grimberg ruling is being appealed by the state to the 11th Circuit, the plaintiffs are asking for Grimberg to redraw the GAPSC map.
  • Texas Dems led the passage of the CROWN Act, sending it to Abbott’s desk. Literally their only legislative victory this year.
  • Dems flipped the Jacksonville mayor seat. Small victories down there.
  • Alaska Supreme Court rules against partisan gerrymandering.
  • Connecticut and Delaware are half the way from sending amendments to legalize no-excuse mail voting to the voters.
  • Michigan passed adding abortion to their nondiscrimination law
  • An LLM has been used in a BCI to interpret brain signals into words
  • San Francisco appointed D’Arcy Dollinger as their first drag laureate.
  • Montana Dems led the passage of a ban on prison gerrymandering.

Minnesota Dems Crushed It This Year

Proud of what Minnesota Dems have been able to get passed into law this year:

  • HF2890/SF2909:
    • universal background checks for handgun sales
    • red flag’ law allowing family and others to petition a court to have guns removed from a person’s possession if they’re found to be a significant danger to themselves or others
    • helping offenders re-integrate into society and increasing crime prevention efforts
    • repealing defunct bans on adultery, fornication and consensual non-vaginal sex
    • expanding the right for a free public defender to cases where a person appeals a district court’s decision on a child protection case;
    • simplifying how victims of identity theft or mistaken identity can expunge court records to clear their names;
    • prohibiting peace officers from joining or supporting hate or extremist groups;
    • requiring places of public accommodation to provide closed-captioned television when a television is available;
    • allowing lawsuits seeking damages to continue after the person suing has died;
    • creating a carjacking crime and establishing penalties;
    • prohibiting law enforcement agencies from retaliating against, or penalizing a peace officer who intercedes against or reports another officer or employee use of excessive force;
    • creating a crime of organized retail theft;
    • prohibiting the state and counties from using private prisons;
    • restricting strip searches of detained juveniles;
    • establishing a supervised release board to review the cases of minors sentenced to mandatory life in prison;
    • establishing the Office of Missing and Murdered Black Women and Girls;
    • expanding the crime of an assault motivated by bias to include bias against a person due to the person’s gender, gender identity, or gender expression;
    • changing the first-degree possession offense to equate the possession of fentanyl with the possession of heroin;
    • requiring the state, instead of counties, to pay for medical examination costs for criminal sexual conduct victims;
    • requiring carbon monoxide alarms in hotel rooms;
    • granting early conditional release to inmates who make sufficient progress toward rehabilitation; and
    • establishing a Clemency Review Commission and modifying Board of Pardons’ operations.
  • HF37: CROWN Act, prohibiting discrimination on hair style and texture
  • SF13: Establishing Juneteenth as a paid state holiday
  • HF146/SF63: deeming Minnesota a refuge state for transgender people and protecting them from legal repercussions for traveling to Minnesota for gender-affirming health care
  • HF16/SF23: banning “conversion therapy” for minors and vulnerable adults
  • HF1/SF1: codifying abortion rights and reproductive health care for all
  • HF7/SF4: mandating Minnesota utilities transition to carbon-free energy by 2040
  • HF28/SF28: A bill restoring voting rights to people still on parole or probation
  • HF4/SF27: A bill allowing undocumented residents to obtain driver’s licenses
  • HF1071/SF667: A bill codifying federal Indian Child Welfare Act language into Minnesota law
  • HF5/SF123: A bill providing free breakfast and lunch for all Minnesota students in the majority of schools
  • HF3:
    • automatic voter registration,
    • allows 16- and 17-year-olds to pre-register to vote
    • allows voters to choose to vote by mail permanently by getting on a permanent absentee ballot list.
    • requires more reporting of who’s behind political ads.
  • To be signed:
    • HF100: legalizes recreational cannabis
    • SF1362: Joins Minnesota to the National Popular Vote Interstate Compact
    • HF91: Would decriminalize abortion and miscarriages

But there’s more that they should do in their next session to get up to the same level as their contemporaries, or even exceed them:

  • Ban prison gerrymandering
  • Zoning and housing reform
  • Abolish the penal exception for slavery in the state constitution
  • right to a clean environment and climate
  • A right to free and fair elections
  • A right to health
  • Equal rights amendment
  • More support for ranked choice voting
  • abolish the state senate

(Sources: KVLY, Minnesota Reformer)

Sodomy law repeal update (19 May 2023)

As of 19 May 2023:

  • MarylandHB0131, decriminalizing oral sex, will become law without signature on Oct 1 2023.
  • MassachusettsH1640/S913 no closer to passage for the last five months. They have until November 15.
  • Michigan: two three House bills (HB4431, HB4432, HB4433), all introduced 4/19/23. Twitter user @LGBTmarriage notes that neither bill repeals “the ‘gross indecency’ laws that also ban consensual private gay and straight sex (750.338, 338a and 338b).” Hope to see this fixed. Unlike the other three legislatures, Michigan has all year to get this done.
  • Minnesota: Some of the text of HF91/SF70 folded into HF2890/SF2909, passed and signed into law. Gay sex is now statute-legal in Minnesota, as well as “adultery” and “fornication”; abortion-related language in HF91 still being worked out before the session ends on Monday (May 22). Thanks to Rob Salerno @LGBTMarriage for the news.

ONCE AGAIN, it really shouldn’t be taking this long to remove some archaic swords of Damocles from over the heads of LGBT people in blue trifecta states.

Also, the Texas bill died before getting a vote in the House. Of course.

But anyway, two down, two blue trifectas with anti-gay-sex laws to go. Progress.

Progress on Blue Trifecta Sodomy Repeal (End of April 2023)

As of 28 April 2023:

  • Maryland: HB0131, decriminalizing oral sex, is still waiting for governor’s signature
  • Massachusetts: H1640/S913 have been reconciled and are sitting in the Joint Committee on the Judiciary
  • Michigan: two House bills (HB4431 and HB4432), both introduced 4/19/23. Twitter user @LGBTmarriage notes that neither bill repeals “the ‘gross indecency’ laws that also ban consensual private gay and straight sex (750.338, 338a and 338b).” Hope to see this fixed.
  • Minnesota: HF91 making the rounds in committees. Companion SF70 is in second reading.

ONCE AGAIN, it really shouldn’t be taking this long to remove some archaic swords of Damocles from over the heads of LGBT people in blue trifecta states.

Somewhat honorable mention goes to Texas where a bill to repeal the state’s highly-discriminatory ban on gay sex has received majority sponsorship for potential passage. This is somewhat honorable because the bill (drafted by a Democrat) contains a “compromise” proviso preserving existing legislation stating that “homosexuality is not a lifestyle acceptable to the general public” (Christian bullshit as usual).

Will these four blue trifectas repeal their sodomy laws in 2023?

Maryland. Massachusetts. Michigan. Minnesota.

All four of these states start with M’s. All four have Democratic trifectas – Democrats controlling their governor’s mansions and both houses of their legislatures. And, as of 2023, all four have bans on gay sex on their books.

I can excuse Michigan and Minnesota (somewhat). Michigan only just gained a Democratic trifecta for the first time since 1983. Minnesota last had a trifecta in 2013-2014, but it was the first time they had such since 1978.

But Massachusetts and Maryland failing to repeal their bans on gay sex despite having two terms of “moderate” Republican governors and long-time Democratic supermajorities in both houses is inexcusable. Maryland had a bill in 2022 which passed almost unanimously in their House of Delegates but died in Senate committee. Massachusetts had a bill in 2022 which was renumbered, and renumbered again, before passing the Senate and then dying in a House committee.

Embarrassing. A waste.

And now a threat thanks to Clarence Thomas’ written attack on Lawrence v. Texas, which has not received any statutory backing federally since 2003 (save for when President Obama signed a repeal of a consensual gay sex ban for the military in the 2014 NDAA).

Meanwhile, trans-hating, gay-hating Alabama managed to repeal their own sodomy law in 2019 (while cleaning up their criminal code). Utah also did the same in the same year. Trans-hating, gay-hating Idaho repealed theirs last March (in response to a lawsuit).

Well, at least Michigan stands the likeliest chance to repeal theirs this year, but only because the larger law which criminalizes gay sex (Act 328 of 1931) also criminalizes abortion, blasphemy, adultery and more.

But the clock is now ticking on all four aforementioned blue trifecta states – Maryland, Massachusetts, Michigan and Minnesota – to repeal these stupid laws.

And, while I’m on it, it’s on Georgia’s Democratic legislators to show the give a shit about LGBT people by filing a bill to repeal O.C.G.A. § 16-6-2. What are you waiting for?

UPDATE: Here are the bills for this year:

  • Maryland HB0131 (SB0054)
  • Massachusetts HD.1777/SD.203
  • Michigan bills HB4006 and SB2 somehow miss the bans on sodomy, fornication, blasphemy, etc?
  • Minnesota HF 91/SF 70 (would repeal abortion restrictions and possibly several sexual offenses)

Other unrelated bills I’m watching from these legislatures:

Bills from legislatures where I’m not expecting much good: