# Civil Rights



Turning Pride into Resistance

Anna Ryon is a Democratic candidate for Congress in Iowa’s third district. -promoted by desmoinesdem

In the twenty years since I graduated from college, I’ve seen a lot more progress in the struggle for LGBTQ rights than I expected to see in such a short time. When I was young, I believed that I would see same-sex marriage become legal at some point in my lifetime, but I was thrilled, and very proud of my home state of Iowa, when in 2009 I was able to marry the woman with whom I had spent the previous ten years of my life.

Since then, many Pride events have felt like celebrations of what often seemed like an inevitable march forward on the path to full equality. But in the last couple of years things have changed.

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Read Planned Parenthood's lawsuit against Iowa's new anti-abortion law

Iowa’s proposed 72-hour waiting period for all abortions represents an “unwarranted intrusion into women’s personal privacy and autonomy” that “will threaten women’s health” and create “an undue burden” with “an improper purpose,” according to a lawsuit Planned Parenthood of the Heartland filed yesterday in Polk County.

Governor Terry Branstad plans to sign Senate File 471, which would be one of the country’s most restrictive anti-abortion laws, first thing in the morning May 5. Originally conceived as a ban on most abortions after 20 weeks of pregnancy, the bill became much broader when Iowa House Republicans added the no-exceptions 72-hour waiting period, new ultrasound rules and a requirement that doctors inform women about other options and “indicators, contra-indicators, and risk factors including any physical, psychological, or situational factors related to the abortion.”

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Trump's license to discriminate

Thanks to Iowa Safe Schools for working to protect all students from bullying, harassment, and discrimination. -promoted by desmoinesdem

Tomorrow, President Donald Trump is reportedly poised to sign an executive order establishing a sweeping religious exemption that would allow discrimination against lesbian, gay, bisexual, transgender, queer and questioning (LGBTQ) people including youth. This license to discriminate against LGBTQ people, women, Muslims, people of color, and other marginalized groups is repulsive, regressive, and remedial.

This executive order does not increase freedom of religion which is already protected by our Constitution. It undermines crucial safeguards against discrimination that creates opportunities for LGBTQ youth to survive and succeed. If consistent with past draft orders, Trump’s Executive Order could allow school counselors to deny LGBTQ youth life-saving services, school principals to forbid interracial couples at prom, and LGBTQ educators could lose their jobs simply because of who they love.

This is America. No one should ever fear being “outed” for who they are or who they love. Youth should not fear going to school and facing discrimination from those who should be helping them. This Executive Order goes against the basic values of American society which is equal protection under the law.

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How liberal is the American Heartland? It depends...

Kent R. Kroeger is a writer and statistical consultant who has measured and analyzed public opinion for public and private sector clients for more than 30 years. -promoted by desmoinesdem

The American Heartland is not as conservative as some Republicans want you to believe, nor is it as liberal as some Democrats would prefer.

Like the nation writ large, the American Heartland is dominated by centrists who make up nearly half of the vote-eligible population.

That conclusion is based on my analysis of the recently released 2016-17 American National Election Study (ANES), which is a nationally-representative election study fielded every two years by Stanford University and The University of Michigan and is available here.

Across a wide-array of issues, most Heartland vote-eligible adults do not consistently agree with liberals or conservatives. They are, as their group’s label suggests, smack dab in the middle of the electorate.

However, on the issues most important to national voters in 2016 — the economy, jobs, national security, and immigration — there is a conservative skew in the opinions of the Heartland. The Iowa Democratic Party, as well as the national party, must recognize this reality as they try to translate the energy of the “resistance” into favorable and durable election outcomes in 2018.

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What you need to know to fight the next four terrible Iowa Republican bills

Republicans have already inflicted immeasurable harm on Iowans during the 2017 legislative session, taking rights away from more than 180,000 workers, slashing funding for higher education and human services, and approving the third-smallest K-12 school funding increase in four decades. The worst part is, they’re nowhere near finished.

Iowa Senate Minority Leader Rob Hogg has flagged twelve of the most destructive bills still alive in the GOP-controlled House and Senate. Any Iowan can attend public hearings scheduled for March 6 or 7 on four of those “dirty dozen” bills. Those who are unable to come to the Capitol in person can submit written comments on the legislation or contact Republican state representatives or senators directly by phone or e-mail.

Here’s what you need to know about the four bills most urgently requiring attention.

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Weekend open thread: Post-legislative funnel edition

It was a busy week in Iowa politics, as state lawmakers raced the clock before the first “funnel” deadline on Friday. With few exceptions, non-appropriations bills not yet approved by at least one Iowa House or Senate committee are no longer eligible for consideration during the 2017 legislative session. For roundups of which bills are alive and dead, see James Q. Lynch’s story for the Cedar Rapids Gazette and the Des Moines Register article by William Petroski and Brianne Pfannenstiel. Bleeding Heartland covered the demise of the “personhood” bill here.

Some bills that didn’t clear the funnel may be attached to appropriations bills later. Republican State Senator Brad Zaun hopes to revive a medical cannabis proposal that way, Tony Leys reported for the Des Moines Register.

I enclose below Iowa Senate Minority Leader Rob Hogg’s post-funnel list of the “dirty dozen” bills that Democrats are most focused on blocking during the remainder of the legislative session.

This is an open thread: all topics welcome. I’d especially appreciate tips on newsworthy comments from today’s legislative forums around the state. A Democrat in Muscatine asked State Representative Gary Carlson this morning whether he had any evidence of election fraud and whether he would acknowledge that the Republican voter ID proposal is a voter suppression bill. Carlson told her, “I just want the right people to vote.” Probably more honest than he meant to be. John Deeth explained the latest disenfranchising provisions House Republicans want to attach to Secretary of State Paul Pate’s bill, now named House File 516.

Final note: although it was sunny and unseasonably warm today in Des Moines, only about 100 people showed up for the “Spirit of America” rally by the Capitol building. A much larger crowd came to the Capitol on a very cold Thursday in February to march against President Donald Trump’s “Muslim ban” and immigration executive orders. An estimated 26,000 turned out for the Iowa Women’s March at the same venue on a Saturday morning in January.

UPDATE: Added after the jump side by side photos of the Women’s March and today’s event. SECOND UPDATE: A reader sent me his photo (taken by a drone) of the crowd at the Capitol for the “Day Without Immigrants” rally on Thursday, February 16. Added below.

Zaun was the first speaker to the pro-Trump audience today, and he noted (accurately) that he was the first Iowa Republican elected official to endorse Trump for president. He didn’t mention that he had previously declared himself “110 percent behind” Wisconsin Governor Scott Walker, whose campaign flamed out months before the Iowa caucuses. On caucus night, Trump finished third in the Senate district Zaun represents, behind Senators Marco Rubio and Ted Cruz.

UPDATE: Past and future presidential candidate Martin O’Malley was back in central Iowa on March 4, attending a fundraiser for State Senator Nate Boulton, among other events. O’Malley’s 2016 presidential campaign had a strong organization on the east side of Des Moines, which is part of Boulton’s district. The former governor of Maryland has visited Iowa regularly since the election, including stops in Davenport to support the special election campaigns of Jim Lykam for the Iowa Senate and Monica Kurth for the Iowa House.

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Why my conservative values make me vote for Democrats

A guest commentary by a committed activist who served on the Iowa Democratic Party Platform and Rules Committees and currently serves on a county central committee. -promoted by desmoinesdem

I believe in obeying the Constitution. The 14th Amendment says that debts of the USA shall not be questioned. Steve King–and most Republicans–voted to not raise the debt ceiling which would have put the government in default. That vote led to the downgrading of the government’s credit rating. The 14th amendment also guarantees equal protection under the law. But Republicans don’t think the Constitution applies to same sex couples who wish to marry. George W. Bush violated the constitutional rights of Americans by spying on them without a warrant. Democrats objected; Republicans didn’t. President Barack Obama nominated a replacement for the late Justice Scalia. Republicans senators refuse to do their duty and vote to confirm—or not—that nominee.

I don’t believe judges should legislate from the bench, but I do believe they must strike down laws that violate the Constitution. Republicans applauded the U.S. Supreme Court for striking down the Washington D.C. handgun law, but went nuts when the Iowa Supreme Court unanimously struck down the law banning gay marriage. Republicans agreed when activist justices on the U.S. Supreme Court created a new right for corporations to spend unlimited secret money to try to buy our elections with misleading TV ads; Democrats want that decision overturned.

Originalists, who claim that the Constitution must be interpreted as the Founding Fathers meant it, are contradicted by the Founding Fathers themselves.

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Weekend open thread: Is Democratic unity possible?

Former Labor Secretary Tom Perez will be the first Latino to chair the Democratic National Committee, having won Saturday’s election on the second ballot by 235 votes to 200 for Representative Keith Ellison. Perez immediately moved to name Ellison deputy leader of the party, and delegates approved that motion by acclamation. Soon after, Ellison urged those who “came here supporting me”

to give everything you’ve got to support Chairman Perez. You love this country, you love all the people in it, you care about each and every one of them, urban, rural, suburban, all cultures, all faiths, everybody, and they are in need of your help. And if we waste even a moment going at it over who supported who, we are not going to be standing up for those people. We don’t have the luxury, folks, to walk out of this room divided.

Perez and Ellison then did a joint media appearance, wearing each other’s supporter buttons. Unfortunately, the Facebook comment thread below that video is dominated by angry progressives threatening to leave the party.

I’ve seen similar arguments playing out in several popular Facebook groups for Iowa Democrats, ever since news broke late Friday that Iowa’s voting members of the DNC would support Perez. Many activists who favored Bernie Sanders in the caucuses, including some members of the Iowa Democratic Party’s State Central Committee, are upset by the unified vote for Perez, considering how many Iowa Democrats backed Ellison. Others felt it was poor form that the SCC didn’t get advance warning before Perez announced the Iowa delegation’s support on Twitter. A few claimed that state party chair Derek Eadon and first vice chair Andrea Phillips had led them to believe they would support Ellison for the DNC job.

More broadly, Democrats in Ellison’s camp were upset by what they perceive as party insiders choosing corporate lobbyists over progressives, failing to grasp the need for reform, attaching too much importance to fundraising, or being afraid of a black Muslim representing the party. The comments in this Bleeding Heartland thread reflect views I’ve seen in many other forums. Apparently the rhetoric is even harsher in some of the “secret” Facebook groups frequented by Iowa Democrats on the Sanders wing.

I understand why so many activists preferred Ellison, but I don’t understand the widespread condemnation of Perez, given his record on labor and civil rights issues. People who have followed his work closely think highly of him. After the jump I’ve posted excerpts from Perez’s official bio, along with the statement Sanders released following the DNC vote.

This is an open thread: all topics welcome. Yet again this weekend, legislative forums around the state drew hundreds of attendees. I’m always seeking tips on noteworthy remarks by Iowa House or Senate members at public events. If you have an anecdote to share, or better yet a recording, please post a comment in this thread or contact me privately by e-mail at the address near the lower right of this page.

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"Put your bodies upon the gears"

An essay inspired by a “legendary” moment for free speech activism. -promoted by desmoinesdem

There sure is a lot of talk lately about that venerable old document we call the “Constitution.”  There’s a lot of disagreement over how it is to be interpreted, and the intentions of the original Framers regarding language, but one thing everyone seems to agree on:  No one is getting it right…except for ourselves, of course, whenever we want to use it to enforce our views.

Our Constitution is the supreme law of the United States and defines the rules and separation of powers by which the three branches of federal government will operate.  It is the charter that outlines how our government is to work.

Within the Constitution is Article 5 which defines the Amendment Clause; the process by which the Constitution can be changed.  The first 10 Amendments are known as the Bill of Rights, however, 17 more have been added since.  This was created because the Framers, collectively visionary, knew that the world and their young country would change.

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Secretary Pate, Stop Using African-Americans as Tokens for Your Voter ID Proposal

ACLU of Iowa Policy Counsel Daniel Zeno explains why the secretary of state’s voter ID plan would disproportionately affect African-Americans. -promoted by desmoinesdem

Iowa Secretary of State Paul Pate is pushing hard for a bill that would implement voter ID in Iowa. It’s bad enough that Secretary Pate’s proposal is discriminatory against African-American Iowans (more about that in a moment). But we also object to the manner in which he promotes his proposal by tokenizing a few prominent African-Americans, in a highly misleading way.

Voter ID laws like the one Pate proposes are part of an ongoing strategy to roll back decades of progress on voting rights. These laws deprive many voters, including many African-Americans, of their right to vote, reduce participation, and stand in direct opposition to our country’s trend of including more Americans in the democratic process. These laws create more hoops for people to jump through simply to exercise their constitutionally protected right to vote. Voter ID laws are especially tragic since the type of voter fraud they are purported to prevent – identity fraud – is all but nonexistent. And they cost states millions of dollars to implement.

Pate’s proposal would be one of the strictest in the country. It allows a voter to show only an Iowa driver’s license, passport or military ID to vote. Pate has said that voters would who don’t have one of the three IDs above will get a “free” voter ID card. But those cards would go only to those Iowans who are already registered—not all eligible Iowans.

We strongly oppose Pate’s proposal because it would deprive thousands of Iowans, including and perhaps especially, African-American Iowans, of their legal right to vote.

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Tom or Ted? You Decide

Gary Kroeger looks at the proposed “First Amendment Defense Act,” which “may very well be the most frightening oxymoron of all time.” -promoted by desmoinesdem

What does it mean to be free in America? I believe it means that in the United States of America, no citizen will be denied services, opportunities, benefits, goods, transactions, acquisitions, access or mobility on the basis of their race, creed (religion), color, or gender. In fact, if there were distinctions to determine the extent of such rights, based on any physical or spiritual difference, then “American Freedom” would become meaningless.

This is not a state to state issue, either. There cannot be one definition for the qualifications of civil rights in one state that differs from another. American citizens can pass freely with a full complement of rights and expect the full protection of federal law. How could that be argued?

Yet it is. It is in legislation that is being re-introduced by Senators Ted Cruz and Mike Lee. And with a supportive Republican Congress and the blessings of President Trump, the First Amendment Defense Act could pass.

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Grassley, Ernst not concerned by Trump's nominees or antics

U.S. Senators Chuck Grassley and Joni Ernst have given the White House nothing to worry about as the chamber begins the process of confirming President Donald Trump’s cabinet appointees. Not only have Iowa’s senators voted for the three cabinet members approved so far, they have yet to voice serious concern about any nominee.

Two of the least controversial cabinet appointees gained Senate approval within hours of Trump’s inauguration on January 20: James Mattis for secretary of defense and John Kelly for director of Homeland Security. Only one senator (Democrat Kirsten Gillibrand) voted against confirming Mattis, because she opposes the waiver allowing him to serve in the cabinet less than seven years after leaving the military. Only eleven Democrats voted against confirming Kelly.

Mike Pompeo’s nomination as director of the Central Intelligence Agency drew more opposition when it came to the Senate floor on January 23. Thirty Democrats, Republican Rand Paul, and independent Bernie Sanders voted against Pompeo’s nomination, largely over concerns about his positions on torture and government surveillance.

As dangerous as Pompeo could be to the rule of law as it relates to intelligence gathering and interrogation techniques, Trump’s deceptive, off-topic, self-centered speech on Saturday at CIA headquarters knocked Pompeo down the list of things that terrify me about the coming years. Robin Wright explained for the New Yorker why “Trump’s vainglorious affront to the CIA” horrified intelligence community professionals. According to NPR’s national security correspondent Mary Louise Kelly, former CIA chief of Russia operations Steve Hall has said that agency staff are worried they might not be able to trust Trump enough to reveal the source of unflattering information about Russian President Vladimir Putin.

This thread is for any comments related to Trump’s cabinet or out-of-control narcissistic rages, which require his advisers to serve as glorified babysitters keeping the president from spending too much time watching television. I enclose below official statements from Ernst on the first cabinet confirmations and from Grassley on his meeting with Kelly earlier this month. Both senators have studiously avoided any public comments about Trump’s child-like temperament or sometimes contradictory outbursts on matters of national security.

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44 photos from the Iowa Women's March

Turnout for the Women’s March in Washington and companion events around the world shattered expectations on Saturday, far exceeding the number of people who showed up to watch Donald Trump be sworn in as president the previous day. Trump and White House press secretary Sean Spicer had a right royal meltdown over media coverage of attendance at the inauguration. The president must have been seething to see yesterday’s news about more than 2.5 million people marching, including at least half a million in Washington and massive numbers in city after city: 750,000 in Los Angeles, 250,000 in Chicago, 100,000 in Denver, and so on.

Before the weekend, I heard predictions that 10,000 people might come to the Iowa Women’s March outside the Capitol in Des Moines. Instead, an estimated 26,000 people were there–impressive turnout for a state with about 3 million residents.

I spent most of Saturday at the Iowa Democratic Party State Central Committee meeting, so I’m grateful to Bleeding Heartland readers who gave me permission to share their Iowa Women’s March photos below (click on any image to enlarge). The only problem was choosing what to post among scores of inspiring images from the rally.

This is an open thread: all topics welcome. The Iowa City Press-Citizen published a photo gallery from the women’s march in the “people’s republic.”

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The 16 Bleeding Heartland posts I worked hardest on in 2016

For the first time last year, I put some thought into what posts had consumed the greatest amount of my energy. I realized that some of those deep dives were among my most satisfying writing projects. That new awareness informed my editorial choices in good and bad ways. Unfortunately, some election-related stories I would have covered in previous cycles didn’t get written in 2016, because I was immersed in other topics. On the plus side, those rabbit holes led to work I’m proud to have published.

Assembling this post was more challenging than last year’s version. Several pieces that would have been among my most labor-intensive in another year didn’t make the cut. A couple of posts that might have made the top ten were not ready to go before the holidays. Maybe they will end up in a future collection of seventeen posts I worked hardest on in 2017.

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Are you tired of these motherfrackers? A first-person account from Standing Rock

Chris Laursen, an activist for many progressive causes and a Bernie Sanders delegate to the Democratic National Convention, shares his story from Standing Rock. -promoted by desmoinesdem

Are you tired of these motherfrackers? I am!

I have just recently returned home from my second trip to Standing Rock. And now, after some decompression and much needed sleep I feel as though I need to pen some of my thoughts and experiences. Here it goes.

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Iowa’s Outdated Medicaid Ban Fails Transgender Iowans

Thanks to One Iowa executive director Donna Red Wing for explaining a little-known problem for transgender Iowans. -promoted by desmoinesdem

Amerigroup, one of Iowa’s private Medicaid providers, agreed last month to cover gender-affirming surgery for Andrew Evans, a transgender Iowa man and client of the American Civil Liberties Union (ACLU).

While we are happy Evans will receive the surgery he needs, we realize that it means only one thing: Evans’ surgery will be covered. The Medicaid provider refused to acknowledge the medical necessity of the surgery, instead agreeing to coverage in order to “amicably resolve” the situation. In plain English, they didn’t want to tangle with the ACLU.

Exclusions for transgender surgery and other trans-related health care continue. Iowa’s Medicaid ban on transition-related surgeries remains.

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An Open Letter to Rep. Kaufmann

Kurt Friese, a newly-elected supervisor of Johnson County, has a message for Republican State Representative Bobby Kaufmann. -promoted by desmoinesdem

Dear Representative Kauffman,

You and I have only met in passing once or twice, so I will not presume to know your motives in putting forth what you termed your “Suck it up, buttercup” legislation, which press reports say you plan to introduce when the legislature returns in January. What I can tell you, though, is that the proposal is intellectually, logically, and compassionately void.

Suggesting that you, or any third party (especially in government), should have the authority to decide what is or is not a legitimate fear, worthy of receiving compassionate counseling or friendly support, demonstrates a disturbing lack of empathy. I do not know if you have had personal or family experience with trauma, but one defining characteristic of it is that the person experiencing it knows it to be very real, and when a person who is not experiencing it attempts to delegitimize the fear, well, that is simply being cruel.

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The Waterloo Police Department will face no pressure from Trump's administration

The city of Waterloo has agreed to pay $2.75 million this year to settle a wrongful death case and four other lawsuits over excessive uses of force by police. Other officers’ actions toward African-Americans led to an acquittal in a murder trial and will likely inspire more lawsuits. The series of scandals nearly cost Police Chief Dan Trelka his job in September.

After ignoring experts’ advice for many months, Trelka insists he is trying to improve relationships between his department and the African-American community in Waterloo.

Let’s all hope he is sincere, because under Donald Trump’s administration, police misconduct and especially excessive force against black people will face a lot less scrutiny from the U.S. Department of Justice and its Civil Rights Division.

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"The Lord gave, and the Lord hath taken away": a Jobian analysis of gay marriage in America

A frightening look at how a changed Supreme Court might strip LGBT Americans of marriage rights. You can find previous writing by Bill from White Plains here. -promoted by desmoinesdem

If there is one group whose rights may be most immediately at risk following the election of Donald Trump to the Presidency of the United States, it isn’t refugees, or Muslims, or Mexicans, or women. It is those who are wed to their gay partners. The reason for that has a lot to do with a really poorly written and poorly reasoned United States Supreme Court ruling finding restrictions on marriage to those of different genders unconstitutional.

The ruling, Obergefell v. Hodges, does a couple of really bad injustices to gay married couples.

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A friend remembers Dan Johnston

Thanks, Laura, for asking me to contribute a post about former Polk County Attorney Dan Johnston.

I said goodbye by phone to Dan Johnston a couple of days ago. He was in Iowa Methodist Medical Center waiting for a bed in hospice.

It was around this time of year in 1974 when Dan and Norman Jesse came to my fathers’ bedside as he was dying and helped him cast his last vote.

Dan Johnston’s obituary will no doubt include his career highlight when at the age of 30 he successfully represented Roosevelt High School students who were suspended from school for wearing black arm bands to protest the Vietnam war in a case that made it all the way to the U.S. Supreme Court. He also held elective office as Polk County Attorney and ran for Iowa Attorney General.

I’ve known Dan since I was 16. And that was a long time ago. 1966 to be precise.

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Steve King doesn't get it: Equating protest with terrorism is un-American

Blogger’s dilemma: which of Representative Steve King’s latest embarrassing, bigoted comments on national television should I focus on today?

Arguing that the government should guarantee parental leave only for the so-called “natural family” (which in King’s mind does not include gay or lesbian parents) was reprehensible. Why does he keep looking so hard for ways the state can treat LGBT people like second-class citizens? A parent’s sexual orientation should have no bearing on whether a baby deserves more time to bond with the primary caregiver. CNN’s Chris Cuomo already did a good job challenging King, pointing out research shows babies in LGBT households “are doing just as well if not better” than children being raised by a man and a woman.

I’ll take door number 2: King telling a friendly interviewer that professional football player Colin Kaepernick engaged in “activism that’s sympathetic to ISIS” and should be forced to “take a knee and beg forgiveness from the American people.”

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Have the Waterloo Police implemented any recommended reforms?

A series of disturbing incidents involving Waterloo police officers came to light this summer through legal settlements, a pending lawsuit, and a criminal trial. The common thread was white police officers using excessive force or offensive language toward African-Americans in Waterloo, the Iowa city with the largest proportion of black residents.

Waterloo Police Chief Dan Trelka announced an investigation into one officer, who laughed at the scene of an 18-year-old’s fatal shooting, called the victim a “dead mother f—-er” and said “we just need a semi-apocalyptic event to get rid of 90 percent of them.”

But Trelka has also accused the media of making too much of the scandals, telling local radio host Bob Bruce last month that negative news coverage obscures great progress being made in the department. Trelka acknowledged “we needed to adjust,” adding that “we have adjusted with changes in policy and training.”

Last year, external reviewers suggested at least ten reforms for the Waterloo Police Department. I have been unable to find evidence that Trelka and his staff acted on any of those recommendations.

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Title IX and the Rio Olympics

Tom Witosky covered sports, politics and business for many years as an investigative reporter at the Des Moines Register. -promoted by desmoinesdem

-30-

Back when newspaper reporters typed their stories onto paper, the notation -30- at the bottom of the final page indicated the end of a story.

When the U.S. Men’s Olympic basketball team on Sunday defeated Serbia, 96-66, the 30-point drubbing fittingly symbolized the end of one of the best Olympic efforts ever by U.S. male and female athletes. Medal totals told the story: U.S. teams earned 121 medals (45 gold, 37 silver and 38 bronze) outpacing China’s second place finish with 70 medals.

But what’s more interesting is how the dominance of U.S. female athletes, likely the most superior women’s team ever fielded by the United States Olympic Committee, played such a huge role in that success.

In many ways, the U.S. success provides another metaphor for the progress that has been made in this country’s striving for a better union. Like the breaking of the racial barrier in Major League Baseball by Jackie Robinson, and the breaking of the sexual-orientation barrier by a variety of athletes, the success of the U.S. women illustrates vividly that commitment to equality and diversity does pay despite long-term, deep-seated resistance from those who disagree.

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Using a flag to express a political view is protected speech

A Calhoun County judge has dismissed a short-lived criminal case that never should have been filed. Homer Martz was arrested last week and charged under Iowa’s flag desecration statute, because he “flew a U.S. flag upside down under a Chinese flag.” An upside-down flag is a widely recognized distress signal. Martz was protesting the Dakota Access (Bakken) pipeline, which will run near his Calhoun County home.

Trouble is, U.S. District Court Judge Robert Pratt ruled in December 2014, “Conduct involving the American flag has long been recognized by the United States Supreme Court as expressive communication that falls within the protection of the First Amendment.” Click here for the full opinion in that case, brought by the American Civil Liberties Union of Iowa on behalf of Westboro Baptist Church members who had dragged the flag on the ground while trying to disrupt military funerals.

Word of that court decision didn’t reach law enforcement in Calhoun County. David Pitt reported for the Associated Press on August 15,

Calhoun County Attorney Tina Meth Farrington filed a motion to dismiss the charges Monday, saying that she read the 2014 federal ruling and concluded she shouldn’t pursue the charge.

“The Legislature should take immediate action to repeal this law so that other citizens and law enforcement are not caught in this type of situation again,” she said.

A judge approved the motion Monday afternoon.

Calhoun County Sheriff William Davis said at the time Martz was arrested, he and the two arresting officers were unaware the law had been struck down.

When I was growing up, flag protection laws and constitutional amendments were a salient topic, as Republicans exploited a tiny number of flag-burners on the left in search of a wedge to use against Democrats. In recent years, some conservatives have displayed upside-down flags to protest President Barack Obama or his policies. On a busy corner in Windsor Heights, an upside-down flag flew for several weeks in late 2014, presumably to communicate the homeowner’s view of the president’s executive orders on immigration policy.

We can debate whether an unconventional flag display is an effective tool for political persuasion. But no matter how deeply offensive the message may be to some Americans, there is no legal recourse against those who use or abuse a flag to make their point.

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Transgender athlete sets new milestone for LGBT youth in Iowa

Of all the cultural changes in Iowa since I grew up here during the 1970s and 1980s, few are more striking or more inspiring than the growing acceptance for LGBT people. When I was a teenager at Valley High School in West Des Moines, no kids were “out” in our student body or at any other Iowa high school, as far as I’ve been able to ascertain by talking to peers my age. A few of my Valley classmates came out soon after starting college, but I could never have imagined Iowa high school students openly identifying as LGBT. Now gay-straight alliances are active in at least 80 Iowa high schools. Students from much smaller communities than West Des Moines have not only come out, but become leaders in their communities, forming support groups and raising awareness of anti-LGBT discrimination that remains. Even some Iowans attending Catholic high schools have fought to create safe spaces for LGBT students.

In recent years, several transgender teens have sought not just acceptance but understanding of issues they face in high school, including at my alma mater.

Ben Christiason of Cedar Falls set another milestone by becoming Iowa’s first openly transgender high school athlete. I heard of him for the first time in June, when he was among more than a dozen graduating seniors honored at the Eychaner Foundation‘s Matthew Shepard Scholarship dinner. The American Civil Liberties Union of Iowa awarded its annual Robert Mannheimer Youth Advocacy Award to Christiason because of “his pioneering role in transgender equality.” I enclose that announcement below, along with excerpts from Courtney Crowder’s excellent profile of Christiason, which the Des Moines Register published earlier this month. Crowder’s piece on other transgender children in Iowa is a must-read as well.

The non-profit Iowa Safe Schools is hosting Iowa’s First Annual Trans Educational Conference this November, hoping to enlighten “school administrators, school board members, educators, healthcare providers, youth-serving professionals, and parents” about “the specific needs of trans and gender non-conforming students” in communities of all sizes.

UPDATE: A new national poll of millennials provides the latest evidence that LGBT equality is becoming a consensus issue for the younger generation of Americans. Added the toplines below.

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Rushing the stage at a presidential candidate event is not "civil disobedience"

Hillary Clinton came to Iowa yesterday for the first time since the February 1 caucuses. After visiting the Des Moines t-shirt shop Raygun, she spoke primarily about economic policies to a packed Lincoln High School gymnasium.

During the rally, a woman jumped over the barricade and ran toward the stage. Several Secret Service agents tackled her, while Clinton showed remarkable composure as she kept delivering her stump speech. The protester was apparently representing the “Direct Action Everywhere” community, trying to call attention to “Hillary’s support for Costco and other corporate animal abusers.”

As a card-carrying member of the American Civil Liberties Union, I support anyone’s right to protest peacefully, to hold up signs, and even to disrupt a political event by shouting taunts or slogans (though heckling’s not my personal style). But rushing the stage is not an acceptable form of protest, especially right after the Republican presidential candidate hinted that “Second Amendment people” might be the only way to stop Clinton from appointing judges to the federal bench.

So I was disturbed last night to see former State Senator Tom Fiegen advocate more barricade jumping at Clinton campaign events.

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Up close at the Des Moines Trump event

First-person accounts of campaign events are always welcome here. -promoted by desmoinesdem

I attended today’s Trump campaign rally as a result of my concerns over the way the candidate treated the Gold Star family whose son was killed while on duty overseas as an Army officer. I wanted to draw some quiet attention to Iowans’ and Iowa’s history in affirmatively protecting the Constitution and how we have all benefited from that.

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Divided Iowa Supreme Court upholds felon voting ban; key points and political reaction

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

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How Grassley and Ernst voted on latest proposals to keep guns from "terrorists"

Another day, another exercise in kabuki theater within the halls of Congress. Hoping to limit the fallout from Monday’s rejection of proposals to expand background checks and make guns more difficult to obtain for people on federal watch lists, U.S. Senate leaders held votes on more gun control proposals today. A compromise amendment led by Republican Senator Susan Collins of Maine was expected to be the main agenda item.

But as Alexander Bolton reported for The Hill, Majority Leader Mitch McConnell “cut the legs out from a bipartisan effort to keep suspected terrorists from buying guns.”

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How Grassley and Ernst voted and explained their stance on failed gun control measures

In a classic example of the kabuki theater that passes for legislating these days, U.S. senators rejected four gun control measures today. Moved to act by the June 11 massacre at a gay club in Orlando, Senator Chris Murphy of Connecticut led a talking filibuster for more than fourteen hours last week to force a vote on a Democratic proposal to ban gun sales to people on terrorist watch list. He also introduced an amendment to an appropriations bill that would expand background checks for firearms purchases, eliminating the gun show loophole. Similar proposals failed to pass the Senate last December, shortly after the mass shooting in San Bernadino.

With the blessing of the National Rifle Association, Republicans drafted their own amendments this week, ostensibly to accomplish the same goals as the Democratic legislation.

Follow me after the jump for details on the four proposals and today’s votes, as well as comments from Senator Chuck Grassley, Senator Joni Ernst, Grassley’s challenger Patty Judge, and presumptive Democratic presidential nominee Hillary Clinton.

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The ACLU of Iowa is seeking a policy director

I don’t post job listings here often, but since many Bleeding Heartland readers have substantial public policy experience and are interested in the issues at the core of the American Civil Liberties Union’s work, I wanted to spread the word that the ACLU of Iowa is hiring a policy director. The full job listing is after the jump. The non-profit organization will accept applications through June 26, with the goal of filling the position by August.

The eventual hire will be “responsible for advancing the ACLU’s broad civil liberties agenda before the state legislature, executive branch, and local governmental bodies,” leading policy projects related to “areas including but not limited to voting rights, racial justice, criminal justice reform, immigrant’s rights, free speech, reproductive freedom, women’s rights, LGBT rights and privacy rights.”

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"Acela primary" discussion thread

Five states along the east coast held primaries today. Donald Trump had a clean sweep on the Republican side of the so-called Acela primary, named for the Amtrak express train that connects Boston to Washington, DC. As of 8 pm central time, Trump had won more than 50 percent of the votes counted in Pennsylvania, Maryland, Delaware, Connecticut, and Rhode Island.

Dark days lie ahead for the #NeverTrump crowd. Even if Ted Cruz manages to win the Indiana primary next week and John Kasich wins Oregon and New Mexico, stopping Trump from reaching 1,237 delegates before the Republican National Convention will be a tall order. Dave Wasserman published a good analysis of Trump’s success at FiveThirtyEight.com. I’ve posted excerpts after the jump.

Networks called Maryland for Hillary Clinton immediately after polls closed. At this writing, she has also been projected to win Pennsylvania and Delaware, while Bernie Sanders is set to win Rhode Island, and Connecticut is still too close to call. Clinton’s remarks to her supporters in Philadelphia tonight sounded very much like a general-election stump speech.

Dave Weigel noted Clinton has won eleven states she lost to Barack Obama in 2008: Iowa, Maryland, Illinois, Missouri, Louisiana, Alabama, Mississippi, Georgia, South Carolina, North Carolina, and Virginia. Even more striking, Weigel pointed out, “After tonight, Donald Trump will have won 12 of the 13 original colonies. He’s also favored to win in the 13th, New Jersey.”

Any comments about the presidential race are welcome in this thread. Today the admin for U.S. Senate candidate Tom Fiegen’s social media blocked me on Twitter after I challenged one of Fiegen’s many tweets suggesting the Democratic superdelegates should switch from Clinton to Sanders. So touchy! Fiegen proceeded to block several people who had re-tweeted me or commented negatively about the blocking.

UPDATE: Added below the full text of Clinton’s speech tonight and a statement released by Sanders. Although he did not concede the nomination, he appears to be shifting to a fight about the Democratic Party platform, rather than trying to beat Clinton.

SECOND UPDATE: Clinton ended up winning Connecticut by about 5 points. Trump’s margins of victory were enormous in all five states: 29 points ahead of Kasich in Connecticut, 35 points in Pennsylvania, 31 points in Maryland, 39 points in Rhode Island, and 40 points in Delaware.

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How to write an Iowa caucus party platform resolution

Many Iowans leave their precinct caucuses after the presidential selection process, but the caucuses also provide an opportunity for politically-engaged people to influence their party’s platform. If you bring a resolution to your precinct caucus, you have a good chance of getting it approved and sent to the county platform committee, which decides what will come to a vote at the county convention.

Little-known fact for those who want to exercise this option: platform resolutions should be written in a different format from other political resolutions you may have read. Follow me after the jump for details and examples of resolutions you can bring to your caucus on Monday night.

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My case for HRC to those of you still on the fence

Bleeding Heartland would welcome guest posts encouraging readers to caucus for Bernie Sanders or Martin O’Malley. -promoted by desmoinesdem

Since Sunday’s debate, I’ve felt little tremors of uncertainty among my friends who are genuinely conflicted over who to support in the caucuses. Now seems like a good time to make my personal case for supporting Hillary Clinton, to hopefully contribute to the kind of thoughtful reflection that these folks are going through.

I’ll say that I admire both Bernie Sanders and Martin O’Malley, and that I will support whoever wins the Democratic nomination with the same energy and enthusiasm I’ve given Hillary during the caucus season. That said, here are some reasons why I believe that Hillary is the best choice for the Democratic nomination in 2016, and why I hope you (whoever you are) will support her. Sorry if this is a wall of text. Bear with me, I tried to keep it all in one place. A short summary of points I make below:

– Hillary will help my family and families like mine in the next 4-8 years.
– Hillary’s attention to local concerns and presidential responses.
– Hillary’s foreign policy expertise and international reputation.
– Hillary’s coalition building within the democratic party and related orgs.
– Hillary’s tenacity will bring about change–incremental change, but change–which is the proper job of the President.

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How Iowa political leaders could honor the legacy of Rev. Dr. Martin Luther King, Jr.

When Congress finally passed a bill establishing a federal holiday named after the Rev. Dr. Martin Luther King, Jr. in 1983, national public opinion was split down the middle on whether the civil rights leader should be honored in this way. The holiday is no longer controversial, and members of Congress who voted against it, such as Senator Chuck Grassley, are quick to explain that they admire King’s work. Bleeding Heartland has compiled links related to Dr. King’s legacy and the long slog to establish this national holiday here, here, here, here, here.

I’ve been predicting for months that this year’s legislative session would mostly be a giant waste of many people’s time. I hope Iowa lawmakers and Governor Terry Branstad will prove me wrong by enacting not only the criminal justice reforms Branstad advocated in his Condition of the State speech last week, but also legislation to reduce mandatory minimum sentences, and improve police identification and interrogation procedures as well as police use of body cameras. The NAACP is pushing for a bill to ban racial profiling by law enforcement, which should not be controversial but probably will be a very heavy lift at the Capitol.

Branstad could act unilaterally to reduce one of Iowa’s massive racial disparities by revoking his 2011 executive order that has disenfranchised thousands of people, disproportionately racial minorities. (The procedure the governor established for regaining voting rights is “just about impossible” for felons to navigate.)

Any relevant comments are welcome in this thread. All three Democratic presidential candidates mentioned Dr. King during their opening statements during last night’s debate in South Carolina, and I’ve enclosed the videos and transcript below. I also included the part of the transcript containing Hillary Clinton’s and Bernie Sanders’ remarks on criminal justice reform.

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District Court upholds Iowa law, Branstad executive order on disenfranchising felons

Polk County District Court Chief Judge Arthur Gamble on Monday dismissed a lawsuit that challenged Iowa’s restrictions on felon voting and procedure for regaining voting rights after a felony conviction. Kelli Jo Griffin filed the lawsuit last November, having previously been acquitted on perjury charges related to registering to vote and casting a ballot in a local election. Griffin did not realize she was ineligible to vote because of a prior drug conviction. The American Civil Liberties Union of Iowa is representing her in the case, which claims Iowa law and an executive order Governor Terry Branstad issued in January 2011 unconstitutionally restrict the plaintiff’s fundamental right to vote.

A plurality of three Iowa Supreme Court justices indicated last April that they do not believe all felonies rise to the level of “infamous crimes,” which under the Iowa Constitution justify revoking citizenship rights. But that opinion did not strike down current Iowa law, which holds that any felony conviction leads to the loss of voting rights. Chief Judge Gamble noted in his ruling that he is bound by precedent on felon voting cases “until a majority of the Iowa Supreme Court” rules otherwise.

The chief judge also determined that Branstad’s executive order does not unconstitutionally restrict Griffin’s voting rights, because the paperwork and fees required are “not an unreasonable burden for a felon to shoulder.” His conclusions don’t acknowledge certain realities about the arduous process Branstad established, which “made Iowa one of the most difficult states in the nation for felons who want to vote” and create more hurdles for low-income Iowans than for those with financial resources. I enclose more thoughts on that angle below, after excerpts from Gamble’s ruling.

The ACLU will appeal the District Court’s decision to the Iowa Supreme Court. Ever since an unlikely chain of events opened the door for the high court to re-examine felon voting rights, it’s been obvious some non-violent offender like Griffin would bring a test case resembling this one. The big question now is whether Justice Brent Appel, who recused himself from last year’s related case, will align with his three colleagues who appear ready to declare that certain felonies are not “infamous crimes.”

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Throwback Thursday: How Iowa women almost got the right to vote, years before the 19th Amendment

Yesterday was Women’s Equality Day, marking the anniversary of American women gaining the right to vote in 1920 under the 19th Amendment to the U.S. Constitution.

Iowa nearly adopted a state-level woman-suffrage amendment on two occasions before that time. Inspired to learn more about those close calls, this week I read part of Louise Noun’s 1969 book Strong-Minded Women: The Emergence of the Woman-Suffrage Movement in Iowa. The short version of what I learned is after the jump.

Spoiler alert: Republicans in the Bleeding Heartland community may enjoy this post more than Democrats.  

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