JOBS

JOBS POLICIES, ANALYSIS, AND RESOURCES

The Jobs and Infrastructure domain tracks and reports on policies that deal with job creation and employment, unemployment insurance and job retraining, and policies that support investments in infrastructure. This domain tracks policies emanating from the White House, the US Congress, the US Department of Labor, the US Department of Transportation, and state policies that respond to policies at the Federal level. Our Principal Analyst is Vaibhav Kumar who can be reached at vaibhav@usresistnews.org.

Latest Jobs Posts

 

The Week That Was #3

Brief #168 – Foreign Policy
By Abran C

A new series to catch you up on the top stories that occurred around the world last week.

Brazil indigenous genocide | US secretary of state Anthony Bliken visits the Middle East | France protests against raising the retirement age

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Fox News’ Role in FIFA Corruption Trial

Brief #167 – Foreign Policy
By Reilly Fitzgerald

The Fédération Internationale de Football Association, more famously known as FIFA, is the global face of football (or soccer, for Americans). They make the rules of the sport, they can sanction players and teams for misconduct on the pitch, they decide the when and where of major tournaments, they decide the TV rights for tournaments, and they also decide where to take bribes from.

Corruption and global sports have always been entwined; just as sports and politics have been. In regards to the most recent world cups in Qatar (2022), Russia (2018), and Brazil (2014), there has been a consistent documented pattern of corruption in which individual executives and corporations have been banned, imprisoned, sanctioned.

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China’s “Zero-COVID”: Was it worth it?

Brief #154 – Health and Gender
By Geoffrey Small

During December, 2022, citizens of China took to the streets and sparked a mass protest against the government’s “zero-COVID” policies that had been in place for over two years.

According to Human Rights Watch, prolonged lockdowns, administered unpredictably, by the CCP (Chinese Communist Party) have hampered accessibility to necessities like food and proper healthcare.

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The Impact of Social Media on Politics and Society

Brief #52 – Technology Policy
By Inijah Quadri

Social media has revolutionized the way we communicate, access information, and engage with politics and society. Platforms such as Facebook, Twitter, and TikTok have become an integral part of our daily lives, connecting us with friends and family, news, and entertainment.

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Russia Continues to Kill Ukrainians. Children are Targeted.

Brief #166 – Yelena Korshunov
By Yelena Korshunov

On January 14th a Russian missile hit a residential high-rise building in Dnipro – a big industrial Ukrainian city. According to the head of the Ukrainian regional military administration, Valentin Reznichenko, on January 17th the removal of rubble had been going on for more than 60 hours. At that moment, 90% of the wreckage of the destroyed nine-story building had been dismantled.

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Important Elections in the First Half of 2023

Brief #50 – Elections & Politics
By Ian Milden

While the start of the presidential race tends to get most of the election coverage around this time of year, there are a couple of important elections in the early months of 2023. This brief will discuss two of these races and why they matter.

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The Controversial Texas Voting Access Bill: Its Effects on the Coming Mid-Terms

The Controversial Texas Voting Access Bill: Its Effects on the Coming Mid-Terms

The Controversial Texas Voting Access Bill: Its Effects on the Coming Mid-Terms

Elections & Politics Policy Brief #36 | By: Inijah Quadri | September 22, 2022

Header photo taken from: Evan L’Roy/The Texas Tribune


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Texas leans on new voting law to reject thousands of ballot applications. Confusing ID requirements and ban on soliciting ballots are inhibiting would-be voters and voting rights advocates.

Photo taken from: Bob Daemmrich / ZUMA Press Wire / REX / Shutterstock

Policy Summary

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The Republican-dominated Texas Legislature on August 19th passed an election bill that Democrats and advocates say will restrict voting rights for minorities.

Republicans inflicted a crushing defeat on Democrats, who fought for months against what they saw as a brazen attempt to disenfranchise minorities, including African-Americans, and other voters who are more likely to vote Democrat.

Once in force, which is expected at the upcoming mid-term elections, the nearly 75-page bill, will notably limit the hours of voting, prohibit drive-through voting, require new ID requirements, and will give increased powers to partisan observers.

Policy Analysis

In a statement released minutes after the bill passed, Governor Greg Abbott, a Republican governor, said he had looked forward to signing a piece of legislation that would make it easier to vote, make fraud harder, and ensure the integrity of elections in Texas. But, did this bill make voting any easier? Take a look below.

The Bill Limits the Hours of Voting

The Bill limits the hours of voting to between 6 a.m. and 10 p.m., instead of the 24-hour period that was in place before. The reasoning behind this change is that it would already cover the usual times people go to the polls, and it would also reduce the potential for fraud.

Postal Voting Changes

The law establishes a new procedure for voters to make changes to their mail-in votes if they are at risk of being rejected due to a technological problem. A new online ballot tracker, authorized by the legislature, would allow voters to make these changes electronically. If a voter makes a mistake on their application for a mail-in ballot, they will be able to fix it under the new law.

The Bill Prohibits Drive-Through Voting

The bill prohibits drive-through voting. This prohibition came about as a result of concerns about the security and integrity of election processes. As such, it is now illegal for Texas voters to cast their ballots through a drive-through window. This restriction prevents individuals from voting outside of conventional polling locations.

The Bill Requires New ID Requirements

Under the new bill, voters would need to provide one of several forms of identification in order to cast a mail-in ballot. These include a driver’s license number or the last four digits of their SSN, rather than the previous name and address on their voter registration card.


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How Does Systematic Voter Suppression Work?

Chart taken from: Fair Fight

(click or tap to enlargen)

This change is intended to prevent voter fraud and make the voting process more secure. Critics argue that the new requirements may disenfranchise some voters, particularly those who cannot easily obtain required identification documents.

The Bill Gives Increased Powers to Partisan Observers

This bill also gives partisan observers increased powers during elections. This would include the ability to monitor voting procedures freely. The only restriction would be within the polling booth itself, in which they are not allowed.

How African-Americans and Other Minorities Will Be Impacted by New Texas Voting Law

Research shows that the racial turnout disparity widened when states passed tough voter ID laws. In a similar vein, according to the findings of yet another study, the proportion of Black and Latino voters in Texas who would be disenfranchised in the absence of the state’s “Reasonable Impediments Declaration” (a court-ordered remedy that allows voters who do not have proper IDs to participate) is disproportionately high.

Conclusion

In conclusion, the Texas voting access bill passed recently may have serious consequences on the midterm elections. The bill allows new requirements and procedures, which we have shown you above.

As you may understand, these changes could affect many voters who are not able to (or who may struggle to) meet these requirements. Whatever the case may be, it is best for voters in Texas to be aware of these changes and make sure they are, if need be, prepared to  work around them and cast their ballots when the mid-terms come.

Engagement Resources​

Click or tap on resource URL to visit links where available

New York Times logo variation

The New York Times: (https://www.nytimes.com/2021/08/31/us/politics/texas-voting-rights-bill.html)

wall street journal

The Wall Street Journal: (https://www.wsj.com/articles/texas-voting-bill-what-you-need-to-know-11630667069)

Explaining Alaska’s Election Reforms: Ranked Choice Voting

Explaining Alaska’s Election Reforms: Ranked Choice Voting

Explaining Alaska’s Election Reforms: Ranked Choice Voting

Elections & Politics Policy Brief #37 | By: Ian Milden | September 28, 2022

Header photo taken from: Mark Thiessen / The Associated Press


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Democrat Mary Peltola won a special election following a reform on voting to fill Alaska’s House seat for the remainder of 2022, according to unofficial results released by the Alaska Division of Elections, halting former Gov. Sarah Palin’s bid at a political comeback.

Photo taken from: CNN

Policy Summary

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In the recent special election to replace the late Congressman Don Young (R-AK), Mary Peltola (D-AK) defeated former Governor Sarah Palin (R-AK) and Nick Begich (R-AK). This brief will examine the recent election reforms in Alaska that led to the upset and how they may affect the U.S. House and Senate races this year. The brief will also briefly discuss the implications of ranked choice voting.

Policy Analysis

Alaska implemented a ranked choice voting system after approving it in a ballot referendum in 2020. The system has a primary where all candidates compete for four spots on the general election ballot. The primary is not separated by party, similar to primary elections in California and Louisiana. The four slots on the general election ballot are reserved for the candidates with the four highest vote totals, regardless of party affiliation.

In the general election, voters then have the option to rank candidates. If no candidate receives a majority of the vote in the initial ballot count, the votes for the last-place candidate are redistributed to the second-choice candidate of those voters. This process is repeated with the third-place candidate if no candidate has a majority of the votes after the last-place candidate is eliminated. Voters are not obligated to pick a second or third choice.

Nick Begich (R-AK) was the third-place candidate in the special election, so the people who selected him over Sarah Palin and Mary Peltola had their votes redistributed. Many of Begich’s supporters did not choose to support Palin or Peltola. Some of Begich’s supporters had Peltola as their second choice due to their distaste for Palin, which helped Peltola win.

U.S. House Race

The special election only filled the seat for the remainder of Don Young’s term, which expires in January of 2023. Mary Peltola, Sarah Palin, and Nick Begich will all be in the general election again in November. While the candidates will be the same, the results can be different this fall.


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Detractors of ranked choice voting often argue that the system is too confusing for voters to understand. But a large majority of Alaskans found the act of ranking easy.

Graph taken from: Sightline Institute

(click or tap to enlargen)

Special elections have unusual voter turnout patterns and low participation rates, so a normalized electorate may help the Republicans perform better in November. It’s also possible that Republicans vote differently to improve the chances of a Republican winning the election after seeing the results of the special election.

However, there isn’t any history to examine to make predictions on voter behavior.

U.S. Senate Race

Senator Lisa Murkowski (R-AK) is running for re-election. Her main opponent is Kelly Tshibaka. Democrat Patricia Chesboro and Republican Buzz Kelley will also appear on the general election ballot, but neither of them got over 10% of the vote in the primary. Kelley recently suspended his campaign and endorsed Tshibaka, though his name will still be on the ballot.

Tshibaka has held roles in the Alaska state government with the most recent being in the Alaska Department of Administration. Tshibaka is positioning herself to be a more conservative alternative to Senator Murkowski. Based on the primary votes and my educated guess on voter behavior, Murkowski will likely pick up Chesboro’s supporters when votes are redistributed if no candidate receives a majority of the votes. Murkowski finished ahead of Tshibaka in the primary and won a majority of the Republican vote in the primary.

The Senate Leadership Fund, a super PAC aligned with Senator Mitch McConnell (R-KY), recently canceled an advertising campaign planned to help Senator Murkowski’s campaign. Officials with the super PAC said that they canceled the reserved campaign ad time because they expect Murkowski to win.

Implications of Ranked Choice Voting

Ranked Choice Voting is not necessarily better or worse than the plurality winner systems used by most jurisdictions in the United States. Ken Arrow’s Impossibility Theorem argues that no election system is perfect. While I am not personally endorsing or condemning ranked choice voting, voters may have to consider the benefits and consequences of ranked choice voting.

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With more than 35 percent of Nevada voters unable to vote in a primary because they are registered as independent or non-partisan, and many more feeling under-represented by their respective party, Nevada is looking to replace the primary system with a rank choice one, following Alaska’s example.

Photo taken from: Daniel Clark / The Nevada Independent

(click or tap to enlargen)

Some organizations, such as the nonprofit FairVote, are pushing for the implementation of ranked choice voting through ballot initiatives, like the one that will appear on Nevada’s ballot this fall. The supporters of ranked choice voting may present an overly optimistic view of ranked choice voting that glosses over or ignores the potential challenges and drawbacks of ranked choice voting, such as the long time it takes to redistribute votes from eliminated candidates. This process took three weeks in Alaska’s special election.

A major selling point for ranked choice voting is that it allows voters to do more to express their preferences. While ranked choice voting may allow voters to express some form of preference among the available candidates, the ranking and redistribution of votes may not accurately reflect the overall preferences of the electorate. The special election for Alaska’s U.S. House race reflects this because most voters would have preferred a Republican candidate for the seat, but a Democrat ended up winning because the Republican candidate with more votes after the first round was unpopular within her own party. As long as Alaska continues to use this election system, the redistribution of votes can impact election results in this manner.

The U.S. Must Assure Voting Access for All and Free and Fair Elections

The U.S. Must Assure Voting Access for All and Free and Fair Elections

The U.S. Must Assure Voting Access for All and Free and Fair Elections

U.S. Resist News Op Ed | By: Abigail Hunt, Inijah Quadri, Steve Piazza, Rod Maggay and Ron Israel | September 26, 2022

Header photo taken from: Getty Images
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Lacking effective legislative or legal ways to stop Republicans from introducing new voting limits, Democrats have been applying pressure on their allies in Washington and trying to energize supporters.

Photo taken from: Jay Janner / Austin American-Statesman / The Associated Press

Policy Summary

At the core of the American republic is the principle of consent of the governed, or as Alexander Hamilton put it, “Here, sir, the people govern” (Alexander Hamilton “Remarks on the U.S. House of Representatives, at the New York state convention on the adoption of the Federal Constitution,” July 27, 1788

And yet in recent years there have been efforts in several states, e.g. Georgia, Texas, Florida, to restrict the right to vote. Many of these efforts seem to be aimed restricting minority access to the ballot box and  keeping Republicans in power.

They have been enacted in response to the Trump big lie that the 2020 election was stolen. They respond to problems that heretofore have not existed. The regulations  threaten the fairness and the outcomes of the 2022 and 2024 federal elections.

U.S. RESIST NEWS offers the following suggestions to prevent these regulations from going into effects. In the long-term Congress needs to pass several important pending federal legislative proposals that will put all federal elections on a fair and equal footing for American citizens.

These proposals include passage of pending Federal voting rights legislation aimed at ensuring and maximizing voter access, transparent counting of ballots, and  the security of election workers. Much needed efforts also are underway in several states to do away with the practice gerrymandering by establishing non-partisan Independent Redistricting Commissions

Policy Analysis

Options are limited for addressing new state-level voting restrictions before the mid-terms. However there are some actions that have already been taken and may help. These include the following:

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Photo taken from: New York Civil Liberties Union 

  • Mounting legal challenges to the new restrictions, are are being done by the ACLU and the Department of Justice.

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Photo taken from: PBS Newshour

  • Taking steps to protect poll workers from harassment, as is being done through a new Law Enforcement Election Task Force established by the Department of Justice, the FBI, and the Department of Homeland Security.

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Photo taken from: Our Common Purpose

  • Accelerate voter education and voter turnout efforts that make people aware of the new voter restrictions and how to address them.

Open, free and fair voting processes are at the heart of our democracy. We must  protect the right to vote at all cost.

Is Saudi Arabia a Gulf State … or a Golf State?

Is Saudi Arabia a Gulf State … or a Golf State?

Is Saudi Arabia a Gulf State … or a Golf State?

Foreign Policy Brief #149 | By: Reilly Fitzgerald | September 21, 2022

Header photo taken from: First Sportz


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Saudi Arabia’s foray into pro golf sparks political blowback. The Riyadh-backed LIV series is dividing Capitol Hill as some lawmakers raise human rights concerns.

Photo taken from: Getty Images

Policy Summary

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This summer has seen the ongoing disagreement and to some degree ‘war’ between LIV Golf and the PGA Tour. The traditional American viewing experience for generations has been the PGA Tour. Millions of viewers tune into individual tournaments throughout the season to see the worlds’ top golf professionals compete on American television. Now, a Saudi-backed challenger has stepped into the arena and has started to offer a significant challenge to the traditional golf watching, and competing, experience around the world.

The Saudi Arabian government has for some time now spent money investing into various sports leagues around the world. The Saudi Public Investment Fund (PIF) is their organization in charge of the splashing of money around the world of professional sports. 

During the 2021-2022 English Premier League season, the world was shocked by the financial take-over of Newcastle United by the PIF, an investment which turned Newcastle United into the most expensive professional football club in the world above the likes of FC Barcelona, Real Madrid, Manchester City FC (also has Middle Eastern ownership), Paris Saint-Germain, or Manchester United. Recent reports, in the past week or two, suggest that the PIF may even purchase Italian power-house football club Inter Milan.

 These purchases are not just a way for Saudi Arabia to splash money around for fun; as we have discussed at length through many articles and briefs for U.S. Resist News, sports is an essential tool in the world of soft power international relations. Saudi Arabia’s Prince Mohammed bin Salman is not buying these clubs for the sole pleasure of enjoying great football and golf.

Policy Analysis

Liv Golf differs from the PGA on many levels. First off, they host a distinctly different set of tournaments at venues across the world – and are trying to find an entirely different vibe to golf than the PGA Tour has not done. The Liv Golf tour is all about quick team-playing golf, and money. 

The PGA Tour events have a roster of 100 athletes who play, individually, for four rounds (and half the field is cut after the end of the second round based on scores); which can lead to very long events that can take the better half of a day to watch for a spectator, or to play as a golfer. 

Liv Golf has found a fresher way to play golf with 48 golfers competing (no cuts at any time) consisting of teams of twelve teams of three, also with a shotgun format allowing the teams to start at different holes, but at the same time. This entirely new format allows the game to progress at a much faster rate than the PGA Tour.

LIV Golf has also made it entirely clear that they are willing, and able, to pay each and every competitor regardless of their place in the standings at a particular tournament; the last place finisher walks away with $120,000. In addition golfers receive contracts with large up-front funding when they sign on to play for Liv.

The final finisher at a PGA Tour event gets cut and walks away with no pay for the day. The purse money for LIV Golf events is also much higher with the tournament in London holding a purse of $25 million ($20 million spent on the golfers, and the other $5 million going to the top three teams).

 According to Golf Digest, the LIV Golf tour also pays for the travel and accommodations of the athletes, their families, their coaches, and caddies; which is something the PGA Tour has never done. LIV Golf even broadcasts their events live on YouTube for free, without commercials. 


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Saudi Arabia’s Vision 2030: Challenges & Opportunities – a gimmick for the world or a benefit for its citizens?

Graphic taken from: Melange Magazine 

(click or tap to enlargen)

The LIV Golf tour also plans on allowing individuals or corporations to purchase an individual team and run it like any other major sports team by selling and purchasing new athletes, or trading athletes; along with this comes all of the major economic boosts such as sponsors, uniforms, and much more. 

The money being invested into the LIV Golf Tour by the PIF is attracting players from all over the world; and the amount of money is greater than what some professionals make throughout their career.

The Public Investment Fund is a part of the Saudi Arabian government. The Saudi government rolled out their economic development plan, known as Vision 2030, and part of this ‘Vision’ is planning for a post-oil global economy and attempting to diversify the revenue streams that support the wealth of the Saudi Arabian economy. 

Every country in the world is attempting to find renewable energy sources to divest from the oil market as much as possible, and automobile manufacturers are turning to entire electric vehicles to make up more of their production. The goals of the world to combat climate change and dependence on fossil fuels are causing the Saudi Arabians to rethink the amount of money they will be able to draw from the global oil market. 

 

GettyImages 1357327767
Saudi Arabia Had Faced Accusations of ‘Sportswashing’ for Young Saudis: a chance to enjoy new freedoms such as Formula One racing (officals of whom appear alongside Mohammad Bin Salman. Sportswashing provides a distraction from the political headlines stemming from kingdom’s involvement with subduing free speech and criticism of the royal family.

Photo taken from:  Andrej Isakovic – Pool / Getty Images

(click or tap to enlargen)

Sports is just a piece of the entire cake that is the investment portfolio of the PIF and the Saudi government’s plans for Vision 2030.

The Public Investment Fund’s spending in sports, renewable energy industries, and other industries has come under scrutiny, as well. The public perception of these new ventures is seen as Prince Mohammed bin Salman trying to repair his image after killing the journalist Jamal Kashoggi in 2018. The Crown Prince has been at the center of this controversy regarding journalism and the free press ever since. It is entirely possible that the motivation, alongside the positive ideas in Vision 2030, is just to save face and improve his image after severely tarnishing it.

LIV Golf is just the latest major sports investment that Saudi Arabia is making; even though there are rumors and ties between other major sporting industries or teams, such as Inter Milan in the Italian Serie A football league. The world is changing quickly, and Saudi Arabia’s royal family appears to have recognized this and is moving to change their ways to accommodate a greener future. In the case of the purchase of Newcastle United, the reactions seem to be fairly mixed; while the PGA Tour has an open lawsuit against LIV Golf, currently.

Engagement Resources​

Click or tap on resource URL to visit links where available 

Saudi Vision 2030 logo.svg

Vision 2030 ( https://www.vision2030.gov.sa/v2030/overview/ )

Public Investment Fund Saudi Arabia logo.svg

Public Investment Fund (https://www.pif.gov.sa/en/Pages/AboutPIF.aspx )

Mikhail Gorbachev – a Knight of Lightness or Dark?

Mikhail Gorbachev – a Knight of Lightness or Dark?

Mikhail Gorbachev – a Knight of Lightness or Dark?

Foreign Policy Brief #148 | By: Yelena Korshunov | September 19, 2022

Header photo taken from: The Associated Press


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Mikhail Gorbachev, first and last president of the USSR.

Photo taken from: marca (.com)

Policy Summary

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Mikhail Gorbachev was one of the most controversial figures in world politics. The Former USSR (Union of Soviet Socialist Republics)  President died at the age of 92 in Moscow on Tuesday, August 30, after a severe and prolonged illness. The last, fifth general secretary of the Soviet Communist Party, Gorbachev was also the  the last president of the USSR. He is not popular in today’s Russia, while his actions are often appreciated  in the Western world. Many Russians believe that Gorbachev solely ruined the “powerful country” (USSR). However previous Communist regimes had led the Soviet Union to the point when it couldn’t exist anymore in its wobbly model, both economically and ideologically.

Attempt at Building Democracy

Gorbachev is considered the main initiator of a policy  called “perestroika”.

The term refers to the restructuring or reforming the economic and political system. Perestroika  referred to increased automation and labor efficiency, but came to entail greater awareness of economic markets and the ending of central planning.

The word “glasnost” was another phrase that  became a symbol of Gorbachev’s  era. “Glasnost” meant open decision-making and free access of citizens to information. It was an explosion of unprecedented freedom in the dark censored world of fearful whispers behind the tightly closed kitchen doors.

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“Democracy, Perestroyka, Glasnost”. A poster from the 80s.

Photo taken from: Mr. Allsop History

”Perestroika” and “glasnost”  were intended to “stir up” the country. However inconsistent domestic policy and primarily chaotic economic reforms led to a deepening crisis in all spheres of society. This was expressed not in the abstract figures of statistical reports, but in everyday reality. Towards the end of his reign  the country returned to the long-forgotten Soviet system of coupons (limited purchase of particular goods). Coupons existed for all essential food items, such as sugar, and even for soap.

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A line for milk, 1980.

Photo taken from: obozrevatel

Bloody inter-ethnic strife also broke out in the Soviet Union. The fire of conflicts flared up in Central Asia, Transcaucasia, and Moldova. The nation blamed the many misfortunes of that time, first of all, on Gorbachev himself.

“New thinking” foreign policy

The foreign policy of “new thinking” associated with the name of Mikhail Gorbachev contributed to a radical change in international relations. “New Thinking” was Gorbachev’s slogan for a foreign policy based on shared moral and ethical principles to solve global problems rather than on Marxist-Leninist concepts of irreconcilable conflict between capitalism and communism. 

Under this concept of foreign policy,  relations between the Soiviet Union and other countries  improved. Better relationships with the United States resulted in a thawing of the Cold War between the two countries. Russia’s  war in Afghanistan was stopped by Gorbachev, and political connections with China improved.

Member states of the Soviet Union broke away and declared their independence. “Velvet” revolutions sprang up in the countries of Eastern Europe, and the unification of Germany took place. On November 9, 1989, the Berlin Wall fell – a symbol of the division of the city, the German nation and the whole continent that lasted 40 years.

The Nobel Peace Prize in 1990 was awarded to Gorbachev for his contribution to easing international tensions

Policy Analysis

Speaking about Gorbachev’s period in general, we cannot underappreciate his attempts of saving the collapsing country, building democracy in the world’s biggest traditionally totalitarian state, stopping the Cold War, and destroying the iron curtain.

 Nowadays Russia’s government aims its active propaganda to idealize the dictatorship of the old Soviet Union and even make bloodthirsty Stalin a national hero again. It supports the belief that Mikhail Gorbachev is a person that ruined an ever powerful Soviet country. 

About a month before Gorbachev’s death, journalist Alexei Venidiktov, who was his close friend, expressed to Forbes Russia that Gorbachev was “upset” at the current state of Russia and felt that his “life’s work” had been undone.

Location Tracking Under Scrutiny

Location Tracking Under Scrutiny

Location Tracking Under Scrutiny

Technology Policy Brief #68 | By: Mindy Spatt | September 20, 2022

Header photo taken from: Minh Uong / The New York Times


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FTC Sues ‘Data Solutions’ Company Kochava, an Idaho-based location data company, on charges of selling geolocation data of “hundreds of millions of mobile devices that can be used to trace the movements of individuals to and from sensitive locations.

Photo taken from: Anusuya Datta

 

Policy Summary

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All day, every day, our phones are tracking our locations, collecting minute by minute data on our whereabouts that phone companies, apps can use or sell.  Customers may agree to location tracking in order to use a GPS or a fitness monitor, but be less aware of how many others are getting in on the act;  Facebook, Amazon, Microsoft are just a few examples of the many apps and services that are continuously keeping track of where we go and what we do.  I can’t remember whether I ever gave any of them permission, can you?

The data is frighteningly specific.  It isn’t just whether you shopped at Bloomingdales or Target, it is which counters you visited while you were there.  Not just whether you went to the drugstore, but whether you looked at allergy meds or aspirin.  This data is enormously valuable, spawning an industry now estimated to be worth $12 billion.  

Privacy advocates have sounded the alarm in the past but location tracking has remained largely unregulated.  With many states banning and criminalizing abortions, the issue has taken on new significance.   Data on visits to abortion clinics is easily available for purchase and can be accessed by just about anyone, including law enforcement. 

Policy Analysis

According to Business Law Today, “the sheer volume of location data tracked, disclosed, and repurposed is tremendous…[in part due to] the use of multiple systems to track location, and the use of data analytics to combine location data with other personal data, [which] enables  both the identification of anonymous data and the compilation of comprehensive and precise profiles of tracked individuals.”  

While at one time the industry defended itself by claiming that much of the location data it collects is anonymous, it is now clear that individuals and their interests, activities and personal characteristics can be identified through unique location patterns.

In an extensive investigation into location tracking by the NY Times in 2018,  a database purchased from a single company revealed “people’s travels in startling detail, accurate to within a few yards and in some cases updated more than 14,000 times a day.”  More recently, Vice Media was able to purchase, from data broker SafeGraph, “information related to visits to clinics that provide abortions including Planned Parenthood facilities, showing where groups of people visiting the locations came from, how long they stayed there, and where they then went afterwards.”  Vice paid $160 for the information.

Vice’s report may have what brought SafeGraph to the attention of Senator Elizabeth Warren, who successfully urged SafeGraph and Placer.ai, another data broker,  to stop selling the location data of visitors to abortion clinics. Warren noted in her request that the companies were putting the safety of anyone visiting a clinic at risk.  

Despite that win Warren warned in a press release that “we can’t rely on the goodwill of Big Tech to protect Americans’ data and safety.”  Warren’s goal is to pass legislation, the Health and Location Data Protection Act, that would permanently ban brokers from selling location and health data and establish serious privacy protections for consumers. 

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SafeGraph, a location data broker, has stopped offering data related to Planned Parenthood and other similar family planning centers after Motherboard found it was possible to buy information on how many people were visiting the facilities, where they came from, and where they went afterwards, something that experts saw as highly concerning in the wake of the Supreme Court’s potential plan to repeal Roe v. Wade.

Photo taken from: Vice

In the meantime, the Federal Trade Commission is also taking steps to protect abortion related location data,  It recently filed sued  against Idaho-based Kochava, a data broker that purchases vast troves of location information derived from hundreds of millions of mobile devices. That information is then sold in customized data feeds that match mobile devices to timestamped location information.  

According to the FTC “customers are often unaware that their location data is being purchased and shared by Kochava and have no control over its sale or use.” 

The FTC alleges that customized data feeds sold by Kochava allow purchasers to identify and track specific mobile device users. “For example, the location of a mobile device at night is likely the user’s home address and could be combined with property records to uncover their identity. In fact, the data broker has touted identifying households as one of the possible uses of its data in some marketing materials.”

If the Kochava suit is successful, the FTC presumably won’t stop there.  Themarkup.org identified 47 companies in the data broker business, the majority of whom are likely still selling this type of data and still putting providers and patients at risk.

Engagement Resources​

Click or tap on resource URL to visit links where available 

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There’s a Multibillion-Dollar Market for Your Phone’s Location Data

https://themarkup.org/privacy/2021/09/30/theres-a-multibillion-dollar-market-for-your-phones-location-data

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A uniquely dangerous tool’: How Google’s data can help states track abortions

https://www.politico.com/news/2022/07/18/google-data-states-track-abortions-00045906

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Warren, Wyden, Murray, Whitehouse, Sanders Introduce Legislation to Ban Data Brokers from Selling Americans’ Location and Health Data.   https://www.warren.senate.gov/imo/media/doc/Health%20and%20Location%20Data%20Protection%20Act.pdf

California Shows What it Means to Protect Children on Social Media

California Shows What it Means to Protect Children on Social Media

California Shows What it Means to Protect Children on Social Media

Technology Policy Brief #67 | By: Steve Piazza | September 20, 2022

Header photo taken from: Tony Avelar / Associated Press


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Proponents of California bill say new rules should reduce risks for minors while promoting children’s autonomy and well-being online.

Photo taken from: Getty Images

Policy Summary

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In late August, 2022 the California State Legislature passed AB-2273, The California Age-Appropriate Design Code Act. Built upon existing California laws. AB-2273 is aimed at protecting anyone under 18 from possible harmful effects of social media.

The nearly unanimous agreement is presently on Governor Newsom’s desk awaiting his signature.

If enacted, beginning July 1, 2024 businesses providing platforms that children are likely to access must safeguard their privacy through carefully configured default settings. Such companies are also prohibited from misusing child personal information.

Businesses will also be required to provide a Data Protection Impact Assessment before any new platforms and/or features are introduced. The assessment must determine if the platform poses any potential harm via content or contacts and whether their algorithms and advertisements may target children. Non-compliant companies face fines of $2500 for negligence and $7500 if the violation is deemed intentional

Policy Analysis

The ongoing battle for industry self governance as opposed to government regulation is once again intensifying, this time in the name of security and privacy for children while online.

AB-2273 is a response to a lack of willingness on the part of the social networking industry to put substantive safeguards for young people in place. Recent public outcries against disclosures that Facebook, Instagram, and other platforms are doing considerable harm to the self-esteem of young people have motivated legislators to take action.

The catalyst just may have been Frances Haugen, a former Facebook Project Manager, who shared thousands of pages of internal documents providing evidence that Facebook (now Meta) was aware of the negative effects its platform has on its users, including children, while sacrificing personal well being for corporate growth. California legislators and AB-2273 co-authors, Betty Wicks (D)  and Jordan Cunningham (R), cite those leaks as influential in the development of  the legislation.

Not surprising, social media companies and their supporters have pushed back on such accusations in an attempt to downplay any lack of concern. Defending Meta, Mark Zuckerburg tweeted that there is no need for criticism because the company already cares. “Many of the claims don’t make any sense. If we wanted to ignore research, why would we create an industry-leading research program to understand these important issues in the first place?” A red herring to be sure.

And RampRate CSO Alex Veyste asks in Fortune  “If a business saw an existential crisis looming, would it do absolutely nothing about it?” His answer is “of course not,” but just like anything else, universal attempts at reasoning don’t hold up. One just has to refer to similar past behavior by the the alcohol, cigarette, gasoline, and palm oil industries to see how absolute their efforts were.


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Chart taken from: Pew Research Center

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Requiring social media companies to modify their safety features might be viewed by some as not going far enough, but it is way overdue. 

Since the beginning of the social media boom 20 years ago, there has been plenty of evidence that technology use by youth has both good and bad effects, but belief in the harmful consequences have become more widespread, especially on platforms that are not designed specifically for such young users.

Recent studies on children around the world have shown the correlation between increased social media usage and emotional and psychological effects.

Surveys by Pew Research and leading universities indicate the widespread belief that social media have severe consequences in the development of adolescents. Media outlet narratives regularly cite polls that indicate potential negative effects.

And the call for action itself is supported. According to a national poll conducted by Common Sense Media in 2018, over 90% of parents would like more transparency when it comes to the collection of use of personal information.

AB 2273 is not the first of its kind and is loosely based on recent legislation out of Great Britain. But it does have the most bite. 

And it won’t be the last, as another California bill, The Social Media Platform Duty Children Act,  would allow parents to actually sue companies for prastices harmful to children.  Besides, as usual with laws out of California, this activity will be an impetus for other states and the federal government to take more action.

The battles between Silicon Valley and the government will continue, but hopefully will be short lived so that involved parents and educators who know they have some responsibility in children’s online experiences will not have to feel the futility of outside forces working against them.

Engagement Resources​

Click or tap on resource URL to visit links where available 

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The text of AB-2273 can be found here:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2273

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In addition to providing resources for schools and parents, Common Sense Media studies the effects of the digital world on children:  https://www.commonsensemedia.org/press-releases/common-sense-and-surveymonkey-poll-finds-privacy-matters-for-parents-and-teens-on-social-media

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This link connects to a tool kit for parents, students and educators: https://www.humanetech.com/families-educators

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For a good overview of the issue and what can be done above and beyond what the government and industry can do, click the following:  https://edsource.org/2022/citing-the-impact-on-children-officials-ramp-up-efforts-to-regulate-social-media/668911

Mar – a – Lago Search Takes Disappointing Turn After Court Rulings

Mar – a – Lago Search Takes Disappointing Turn After Court Rulings

Mar-a-Lago Search Takes Disappointing Turn After Court Rulings

Civil RightsPolicy Brief #194 | By: Rodney A. Maggay | September 16, 2022

Header photo taken from: The Associated Press


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Judge denies DOJ request for stay in investigation of Mar-a-Lago docs. A federal judge has denied the Justice Department’s request for a partial stay of her ruling that limited the government’s investigation of how Donald Trump handled sensitive material at his estate.

Photo taken from: ABC

Policy Summary

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One year after leaving office in January 2022, former President Donald J. Trump and the National Archives and Records Administration (NARA) entered into discussions for the return of fifteen boxes of presidential records that were being kept at the former President’s home in Mar – a – Lago, Florida. 

In February 2022, the agency revealed in a letter to the House Committee on Oversight and Reform that classified information was believed to be in the boxes. Communications between the former President and NARA continued throughout the spring to urge Mr. Trump to return the fifteen boxes of documents. The entire set of boxes were not returned and remained at Mr. Trump’s estate.

On August 8, 2022, the Federal Bureau of Investigation (FBI) executed a search warrant at the Mar – a – Lago estate to try and locate the documents and boxes and retrieve them from the premises. The search warrant was issued by U.S. Magistrate Judge Bruce Reinhart who determined that there was probable cause for the search. 

Agents who entered the premises went and opened Mr. Trump’s safe because of suspicions that he had stored documents there. Additionally, agents photographed folders marked classified which also showed that the folders were empty. On September 6, 2022 the Washington Post revealed that the reason for the FBI search of Mar – a – Lago was to retrieve documents that included sensitive nuclear weapons information. Days later, it was revealed that documents relating to a foreign government’s nuclear capabilities were among the documents believed to be in Trump’s possession although the identity of the foreign government was not revealed.

On August 12, Judge Reinhart unsealed the search warrant. The warrant revealed possible violations of federal law, including the Espionage Act. On August 26, the affidavit in support of the search warrant was unsealed albeit in a heavily redacted form. On August 22, Trump’s lawyers filed a motion in the Federal District Court for the Southern District of Florida to request a Special Master under Federal Rules of Procedure (FRCP) 53 to review all seized materials for documents that might be covered under either attorney – client or executive privilege. 

On September 5, 2022 Judge Aileen Cannon ruled that she would grant Trump’s request for a Special Master. The DOJ objected to the ruling and requested that she stay her ruling. But on September 15, 2022, Judge Cannon agreed to appoint former federal judge Raymond Dearie as Special Master and upheld her September 5 ruling ordering a stop to the use of the seized documents for investigative purposes until the Special Master had reviewed them. LEARN MORE, LEARN MORE

Policy Analysis

The situation occurring at former President Trump’s Mar – a – Lago estate and resort raises a number of very serious questions. It can be viewed in a number of different ways from the preservation of government documents, the handling of top secret documents and to why highly sensitive nuclear materials were found outside secure government facilities. There are also the legal aspects of the case that offer additional troubling details in addition to the situations listed above.

While the search warrant issued by U.S. Magistrate Judge Bruce Reinhart and executed by the FBI was based on probable cause the case took a darker turn when the case was assigned to Judge Aileen Cannon for a ruling from Trump lawyers and their request for a Special Master under FRCP 53. 

That rule provides that a judge may appoint a person to perform duties at the request of the judge and make recommendations as to how to proceed. The problem with their use in this case is that the appointment of a special master in this case has never been done before. 

What appears from the ruling issued by Judge Cannon is that she went out of her way, including ignoring legal precedent and misconstruing federal statutes to ensure that President Trump would be able to use a Special Master to review the seized materials. Had the plaintiff been anyone other than President Trump, a court would have likely denied the plaintiff use of a Special Master. 

President Trump appears to have gotten a favorable ruling and treatment when no other citizen would have. There is no prior instance of a person who is the focus of a law enforcement investigation being granted a Special Master.


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The Justice Department has identified “a limited set of materials” from its search of documents taken from Mar-a-Lago that potentially contain material covered by attorney-client privilege in search.

Photo taken from: Yahoo

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Additionally, Judge Cannon’s ruling has been highly criticized for poor legal reasoning and interpretations of legal rules and concepts. In the case of privilege the two concepts – attorney – client and executive privilege – simply do not apply to this case. 

An attorney – client privilege only applies if Trump had been conferring with an attorney, which seems dubious in this case since we are talking about seized documents and not any conversation the President may have had with a lawyer. And executive privilege cannot apply because, among a number of reasons, the privilege can only be invoked by a sitting President which Mr. Trump is not. 

Judge Cannon’s ruling was so poorly written and reasoned that experts questioned whether the Judge understood the concept of executive privilege at all. It was an incredible stretch for the Judge to rule that a Special Master was required to review documents if they fell under a claim of privilege when it was clear that the privilege did not apply.

Lastly, the impact of Judge Cannon’s September 15th ruling deals with the timing of the investigation into the seized documents. Her ruling also barred the intelligence community from using the seized documents in their analysis of the security risk that may have occurred with the exposure of the documents. 

In terms of national security, this is unprecedented as the intelligence community needs to determine what harm has developed when the boxes were not returned from Florida. By not allowing the intelligence community to use the documents Judge Cannon has effectively closed off any inquiry into what damage Mr. Trump has caused. This could put the United States at a disadvantage on the international stage. 

Maybe not now, but in the future. And, her appointment of retired federal judge Raymond Dearie as Special Master also allows Mr. Trump to delay the case. Instead of proceeding into hearing the merits of the case in the next few weeks, the case is extended until at least November 30th which is the deadline Judge Dearie has to review the documents. This is simply a delaying tactic for Mr. Trump to avoid accountability and inquiry into his questionable handling of sensitive documents. 

And with likely appeals on the horizon the case now looks likely to extend into 2023 without an answer as to why classified materials ended up at Trump’s Mar – a – Lago estate. LEARN MORELEARN MORELEARN MORE

This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact rodwood@email.com.

Engagement Resources​

Click or tap on resource URL to visit links where available 

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Lawfare – in depth analysis and criticisms of Judge Cannon’s September 5, 2022 ruling.

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Washington Post Special Report – exclusive report on search for classified nuclear materials at Mar – a – Lago.

It’s Time to Codify Marriage Equality in the US

It’s Time to Codify Marriage Equality in the US

It’s Time to Codify Marriage Equality in the US

Health & Gender Policy Brief #144 | By: Emily Scanlon | September 20, 2022

Header photo taken from: Health Affairs


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House passes Respect for Marriage Act in move to protect same-sex marriage.

Photo taken from: USA Today

Policy Summary

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After the overturn of Roe v. Wade in June 2022, the GOP Supreme Court Justices made it clear: Marriage equality is next. In the Court’s decision, Justice Thomas wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” Justice Alito included Loving v. Virginia in his draft opinion, though Justice Thomas left it out. 

In response, the Respect for Marriage Act (H.R. 8404) was introduced to the House on July 18th, 2022. The Respect for Marriage Act would require the federal government to recognize the validity of same-sex and interracial marriages, thus codifying the Supreme Court decisions on Loving v. Virginia (1967) and Obergefell v. Hodges (2015), which ruled that state laws barring interracial and same-sex marriages, respectively, were unconstitutional. The act would repeal the Defense of Marriage Act, signed by President Bill Clinton in 1996, which allowed states to refuse to recognize same-sex marriage.

On July 19th, the Respect for Marriage Act passed in the House 267-157. 47 Republicans voted to pass, a shockingly high amount. Members of both parties were surprised by the high number of Republicans supporting the bill, though many Republican members maintain the bill is nothing more than a distraction from inflation and other high-priority issues. 

The Republican Party has been slowly inching away from their stark opposition to same-sex marriage, especially the younger members. Even Mitch McConnell (R-KY) has not said whether he would support the bill, citing the need to reach suburban, moderate Republican voters. Support among Americans for same-sex marriage has been rising, with a new Gallup poll finding that 71% of Americans support same-sex marriage being recognized as valid by the law.

Despite passing in the House, the bill faces uncertainty in the Senate with a 50-50 split. Democrats need to win 10 Republican votes to avoid a filibuster. Currently, there are 5 Republicans who have said they would vote yes: Susan Collins (ME), Lisa Murkowski (AK), Rob Portman (OH), Thom Tillis (NC), and Ron Johnson (WI).

Policy Analysis


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Chart taken from: Gallup News

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On September 15th, Senate Democrats announced they will delay a vote on the Respect for Marriage Act until after the November midterm elections. Senator Tammy Baldwin (D-WI), the lead sponsor of the bill, has expressed her confidence in gaining support from 10 Republicans by that time. The additional hope, of course, is that the midterm elections will bring more Democrats into the Senate. 

The move is a risky one; many Republican Senators have breathed a sigh of relief at the news. Many Republicans, by refusing to take a stance, are attempting to play to both sides of their party. 

Opposing the bill would mean they face backlash from their moderate supporters, while supporting it would enrage their more radical supporters. With the delay of the vote, then, Republican voters will not be swayed by Senators’ decisions on the bill.

That being said, the Republican base may be shifting away from the Party even without this vote. Moderate Republican voters, already having been turned off by the GOP’s move to overturn Roe v. Wade, may grow even more distant from the party if marriage equality is struck down. The Republican Party, it seems, is dramatically underestimating the importance of these social issues to their base.

Regardless of the November midterm results, the time has long past for marriage equality to be codified in America. As Senator Elizabeth Warren (D-MA) stated, “Every single member of Congress should be willing to go on the record. And if there are Republicans who don’t want to vote on that before the election, I assume it is because they are on the wrong side of history.”

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Click or tap on resource URL to visit links where available. Please get involved:

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Human Rights Campaign

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LovingDay is the anniversary of the landmark court decision for interracial marriage, Loving v. Virginia. Every year on June 12th, it’s a global day of visibility, education, and community.

The New School Year Brings Legal Challenges to LGBTQ Representation

The New School Year Brings Legal Challenges to LGBTQ Representation

The New School Year Brings Legal Challenges to LGBTQ Representation

Health and Gender Policy Brief #143 | By: Geoffrey Small | September 16, 2022

Header photo taken from: Lucy Jones / The Atlantic


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LGBTQ clubs were havens for students. Now they’re under attack. Earlier this year, teenage leaders of a high school GSA club in Minnesota faced adult opposition when they tried to hang “Safe Space” signs at school.

Photo taken from: Jenn Ackerman / The Washington Post

Policy Summary

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A 2020 Connecticut University study indicated that having a GSA (gay–straight alliances) program in school can help mitigate LGBTQ students’ concerns about bias. The study, which conducted surveys with LGBTQ students, reported that individuals were bullied less on topics related to their sexual identity and gender in schools that had GSA programs. As students are returning to their education across the country, there are currently legal challenges being waged in U.S. Congress, The Supreme Court, and local municipalities regarding LGBTQ representation. 

The Equality Act, a new law supporting LGBTQ rights, is currently stalled in the Senate after it was approved twice in the House of Representatives over the past two years. The Supreme Court issued a ruling on an injunction that recognized an LGBTQ club at Yeshiva University in New York. Also, the Miami-Dade County Public School Board in Florida reversed a decision made last year to formally recognize October as LGBTQ History Month.

Policy Analysis

On September 14th, 2022, the Supreme Court ruled in favor of GSA program YU Pride Alliance regarding an injunction that requires Yeshiva University to immediately recognize the LGBTQ club while the case is argued before New York state courts. The case is currently in the appeal process after YU Pride won their argument. The state courts ruled in June that the University was incorporated as an educational institution and not a religious institution. 

Therefore, Yeshiva should immediately recognize the GSA program under New York City’s human rights laws. The injunction was temporarily halted on September 9th by Justice Sonya Sotomayor after an amicus brief was filed by the NCLA (New Civil Liberties Alliance), claiming that the New York ruling infringed upon the University’s religious liberty. In response to the Supreme Court decision, Yeshiva University has reportedly announced  they will halt all student clubs until further notice.

On September 7th, the The Miami-Dade County Public School Board in Florida voted 8 to 1 on reversing its decision to support October’s LGBTQ History Month


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Current and former Yeshiva University students sued to force the school to recognize an LGBTQ club on campus. Students argue that the school not officially recognizing the club is discriminatory and violates New York’s human rights law.

Photo taken from: YU Pride Alliance

(click or tap to enlargen)

The reversal was made after hours of testimony during a public hearing from members of the community, parents of school children, and Christian coalitions. The change in the board’s decision comes after Governor Ron DeSantis signed the Florida’s Parental Rights Act in March. 

 

 

The law forbids education in sexual orientation and gender identity for students in kindergarten to third grade. 

Despite the school board members citing DeSantis’ new law as the reasoning behind the reversal, the school board attorney reported to local WSVN Miami that recognizing LGBTQ History Month would not be a conflict because it isn’t defined as mandated instruction.

GSA programs and LGBTQ advocates are still challenging the legal arguments that religious liberty takes priority over LGBTQ rights. Since YU Pride Alliance is not recognized as an organization from Yeshiva University, they rely on gofundme donations to conduct meetings and publicity that are normally provided for undergraduate clubs. 

Also, a donation to the LGBTQ History Month organization can help spread the message of equal representation for recognizing community icons during the month of October.

Engagement Resources​

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https://www.gofundme.com/f/help-fund-the-yu-pride-alliance

LGBT History Month

https://lgbthistorymonth.com

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