With the 2016 Georgia Legislative Session behind us, it is time we consider what passed, what didn’t pass, and what almost passed. There were a number of contentious issues before us this legislative session and in the coming weeks Governor Deal will be faced with some tough decisions. From RFRA on steroids, which Governor Deal vetoed, to the campus carry bill currently sitting on his desk awaiting a veto or his signature, we were faced with one controversial bill after another. I guess we can chalk it up to it being an election year, both nationally and locally. With the stakes as high as they are at every level of government, it is not wonder we experienced an onslaught of anti-immigration, anti-LGBT, and questionable firearm policy. Now I know what y’all are wondering; what, if anything, was good for Georgians this session, what was good, and what caused the most uproar?
Before we get into the more controversial pieces of legislation from this session like the so-called religious freedom bill, the anti-DACA driver’s license bill, the campus carry bill, or the rape kit bill, let’s start off with some good news. We managed to pass MARTA expansion in the city of Atlanta with SB 6, it would allow the city of Atlanta to levy up to a 0.5% sales tax to fund MARTA and would exists concurrently with existing MARTA taxes. However the bill will be subject to referendum so if you want to see more expansion of MARTA in the city of Atlanta, make sure to vote. Furthermore the bill would authorize the rest of Fulton County to levy a five year T-SPLOST of up to .75%, which would also be subject to a referendum (vote), for transportation. The city of Atlanta may also levy a five year T-SPLOST of up to .75% but would count against the MARTA .5% expansion portion of the bill were it to pass. That means that if the City of Atlanta passes the .5% sales tax for MARTA expansion, it could levy no more than a .25% T-SPLOST for transportation. While the city and Atlanta and Fulton county have reason to rejoice over the prospects of more funding for transportation, some of Georgian’s own residents almost lost their right to freely drive throughout the state.
Ever since the issuance of President Obama’s Deferred Action for Childhood Arrivals (DACA) executive order, there has been a concerted effort on the part of the GOP to push back against immigration by any means necessary. With that in mind, the Senate attempted to pass SB 6 or the Driver’s License Bill for Deferred Action Immigrants. DACA allows undocumented immigrants who were in this country before 2007 or before their 16th birthday to file for exemption from deportation and a renewable two-year work permit. DACA’s goal is protection of undocumented immigrants, especially students, who have been in the United States for most of their formative years and truthfully have little connection to their parents country. These individuals are basically Americans and DACA was an attempt to protect them from an increasingly anti-immigrant environment. What SB 6 would have done is make Georgia such an inhospitable state for DACA status individuals that they would have “self-deported,” and while the GOP cannot legally deport them, they can certainly make Georgia so intolerable that DACA status individuals would leave the state regardless. SB 6 would have prohibited the issuance of driver’s licenses to DACA status individuals. Instead, these individuals would be issued DACA licenses that they could not use to enjoy many age-gated benefits like watching an R-rated film or purchasing alcoholic beverages since DACA licenses would not be considered official state identification for the purpose of these activities. Furthermore, law enforcement would have the authority to impound vehicles of undocumented immigrants (including DACA status individuals) for up to 60 days. Fortunately SB 6 failed to pass the Georgia House. However SB 6 probably was not the most contentious bill before the Georgia legislature, at least not as contentious as HB 757.
As I’m sure everyone is already aware by now, there was an attempt to pass legislation in our state that would have legalized discrimination against the LGBT community, unmarried sexually active couples, and single mothers. HB 757 was a combination of two separate bills from this session, the Pastor Protection Act and the First Amendment Defense Act, and last year’s so-called religious freedom bill. This type of legislation, more than anything else, is a reaction to the recent landmark Marriage Equality ruling. Some socially conservative Christians in this country appear to be under the impression that their values are currently under attack by the “liberal agenda” (thanks, Fox News). Now, here’s the thing about this composite of a bill. Insofar as the Pastor protection portion, which would have allowed pastors to refuse to perform LGBT weddings and ceremonies, there’s nothing in Justice Kennedy’s landmark Marriage Equality ruling, and nothing on either the federal or state level that currently infringes upon the first amendment in a manner that would compel pastors to ordain LGBT weddings. That portion of HB 757 was not the controversial aspect as much as it was a reaffirmation of currently accepted and existing jurisprudence.
What made HB 757 problematic were the dubiously named “First Amendment Defense Act” and “Religious Freedom Restoration Act” portions of the bill. The First Amendment defense portion would have narrowly defined lawful marriage as an act between a man and a woman, it would have confined sexual activity to that very narrow definition of lawful marriage, and it would have allowed faith-based organizations and individuals with a deeply held belief in that narrow definition of marriage to discriminate against anyone and everything they believed to be in violation of that narrow definition. That kind of language would have negatively impacted members of the LGBT community who just won Marriage Equality, single unwed mothers, and sexually active unmarried couples. The addition of last year’s so-called “religious freedom” bill’s language would have then allowed individuals and businesses to opt out of laws in their entirety based religious belief, essentially making every individual the law unto him or herself. The passage of HB 757 in the house and senate unleashed a torrent of political pressure on Governor Deal to veto the bill from progressives, civil rights activists, and pro-business conservatives, and a few short days after the conclusion of the legislative session Governor Deal defied his party and vetoed HB 757. Unfortunately for Governor Deal and the state of Georgia, we are not out of the woods yet – there’s still the matter of guns on college campuses.
The Conceal and Carry on College Campuses bill or HB 859 would allow licensed weapons carry permit holders to carry concealed firearms on college campuses, except in sports facilities, housing, and greek (fraternity/sorority) houses. The problem with HB 859 is that proponents claim the purpose of the bill is to provide protection to college students on college campuses, however, if that were the case, wouldn’t it be more prudent to allow college students to carry firearms where they would be most vulnerable, especially in cases of date rape – given the prevalence of rape on college campuses? If this bill really were about protecting college students on college campuses, why can’t college students carry firearms in their dorms. So we can have guns in classrooms, guns in the quad, guns in our cars, but no guns in dorm rooms? Okay, gotcha. Makes complete sense (it doesn’t). Furthermore, the constitution protects both property rights and the right to bear arms yet HB 859 makes no attempt to reconcile the conflict between the two. Shouldn’t the academic institution have a say in what can be carried on their grounds? Normally we leave these questions to the academic institution so it seems out of place to suddenly tell academic institutions that they must allow firearms on almost every part of their campus except for where they are needed the most… in dorms. I can’t say with 100 percent certainty whether Governor Deal will veto HB 859 like he did HB 757, but it is my hope that he does. HB 859, with its current language and restrictions, simply does not make much sense. Now, if like me, you think HB 859 doesn’t make much sense (it really doesn’t), wait until you get a load of the debate surrounding SB 304 – the Rape Kit Handling and Storage Bill.
Allow me to preface by pointing out that SB 304 did eventually pass on Sine Die, however, it could have passed much sooner than that. I don’t normally call out legislators from my own county but SB 304’s delayed passage really made no sense. There was nothing wrong with the bill, it was supported by both sides of the aisle and is a legitimately good bill that would help both rape victims and those falsely accused of rape so why did we wait until Sine Die to pass it? Renee Unterman. Here’s the thing, she wasn’t opposed to the bill on any kinds of substantive ground. She felt slighted that the bill did not go through her. That’s it. Plain and simple. It was pride at its worsts and for that reason alone she opposed the bill. That’s an ugly reason to oppose a bill, especially if it’s a bill you would have supported if it came to you first. Legislators are here to represent the people that elected them, not to stroke their own egos or sense of self. We run and are elected to serve you, not ourselves.
All things considered, there are still a number of bills sitting before Governor Deal that he may sign or veto. While he may have vetoed the so-called “religious freedom” bill due to pressure from every direction, there is no telling which way his pen may be swayed with regard to the campus carry bill or a host of other bills that were passed by the legislature. It is imperative that you contact Governor Deal’s office at 404-656-1776 to have your voice heard about the pills that have passed the legislature. It will be your final chance to weigh in with your opinions regardless of which side of the aisle you find yourself in.
Finally, I would like to thank everyone for their continued assistance and support throughout the years, both in my capacity as an individual and in my capacity as a public servant. Without the continued enthusiastic support of the community, I would not be able to do what I do. It is through your continued assistance and support that we are able to do what we do every year starting in January and usually ending in March or April. That is why each and everyone of y’all are cordially invited to my reelection fundraiser on April 26th, 2016 at Apres Diem in the Midtown Promenade shopping center from 5:30 PM to 7:30 PM. Invite your friends, family members, and neighbors – light appetizers will be served and all contributions are welcome. Again, thank you for your continued assistance in making Georgia ever more progressive, one yard at a time.
It Is Time For Unity Among Progressives
April 28, 2016 — 5th District Blog Posts and CommentsAfter the results of Tuesday’s primaries it should be clear that Hillary Clinton is going to be the presidential nominee for the Democratic Party. While it might be the end for Bernie Sanders fight for the nomination, it most certainly is not the end for Bernie Sanders role in the Democratic Party or the progressive wave about to sweep this country. Throughout this entire campaign season Bernie Sanders has managed to pull Hillary Clinton towards the Warren Wing of the Democratic party. Hillary’s pivot to a more full throated liberalism on trade, the minimum wage, and the regulation of the financial sector is something that should be celebrated, not bemoaned. Bernie Sanders is an admirable candidate and I would certainly support him were he the presumptive nominee. However Bernie Sanders is not the presumptive nominee – Hillary Clinton is and we need to come together behind her as one if we hope to stand a snowball’s chance in hell against Donald Trump or whomever the GOP nominates in their quixotic quest to stop Trump in November.
Now I am not suggesting Sanders drop out of the race or even suspend his campaign. His influence has been a welcome one and signs point to him staying in the race long enough to amass a sizeable number of delegates to influence the party’s platform in July. His shift in rhetoric after Tuesday’s four defeats are a sign that he is ready to leverage his influence at the nominating convention and has taken his sights off of the presidency. My only concern is that Bernie seems to be under the impression that it is Hillary’s responsibility to court those that are currently feeling the Bern. While it is certainly the case that Hillary should reach out to the millions of individuals Bernie Sanders has touched, a better approach to this unification process would entail Bernie himself reaching out to his supporters to request their support in defeating Donald Trump in November. There is no individual better suited to court one’s own supporters than the candidate in question. Bernie should not only come to the convention in July ready to push a more progressive and inclusive platform, he should come ready to assist Hillary Clinton in bridging the gap between her campaign and his supporters. If Bernie Sanders truly believes that a Hillary Clinton presidency would be better than a Trump, Cruz, or “whomever the GOP nominates” presidency, then assisting Hillary in healing the wounds sustained from this most contentious contest would be the prudent course of action.
As for those among us who would rather see the entire country in flames so we can “learn a lesson” and “realize how bad things could get” so the “political revolution becomes inevitable,” I have two questions. Have you no heart for your countrymen? Are you so privileged & insulated from the daily reality faced by women, the lgbt community, immigrants, minorities, and the impoverished in this country that you cannot see the very real human costs of a Trump presidency? You cannot simply take your ball and go home when your guy does not win. That is not how politics works. Whether you vote or not, you will have a POTUS. The rest of us will make the decision for y’all. If we cannot unite behind the presumptive nominee, Hillary Clinton, we will surely lose in November, and while Ben Carson has assured us that a Trump presidency “would only be fours years” – that is four years too many. I want y’all to think long and hard about what a Trump presidency would look like and ask yourselves if it is really worth it. Ask yourselves if fours years of raising the cost of living on our most vulnerable citizens (like the impoverished or the elderly) through protectionist tariffs is worth it. Ask yourselves if four years of ethnic cleansing through aggressive deportation of undocumented immigrants is worth it. Ask yourselves if a generation of right wing rulings that would negatively impact women and minorities from SCOTUS and the appellate courts is worth it. I want you to seriously consider the implications of this “Bernie or Bust” reasoning and reconsider your position – look in your heart of hearts and ask yourselves if it is okay to turn your back on a progressive candidate because they are not “the” progressive candidate you wanted. Now is not the time to spite one’s face by cutting off one’s nose, we mustn’t splinter y’all. We have to stand together against Trump lest there won’t be a Republic to stand for much longer – at least not one we recognize. In November we must vote blue no matter who.