Lone Candle
Champion of Truth
“Uganda is one of several African nations where it is illegal to be queer; the nation enacted its Anti-Homosexuality Act in 2014, which allowed for life imprisonment for some homosexual acts between consenting adults, and codified the repression of LGBTQ Ugandans. That legislation was annulled in court in 2014, though homosexuality was still illegal per previous law, according to a Human Rights Watch report.”
https://www.vox.com/politics/2023/4/26/23699211/zooey-zephyr-montana-republicans-anti-trans-legislation
“Signed into law by Republican Gov. Ron DeSantis in April 2022, the law prohibits private employers and university professors from endorsing certain concepts related to race and other categories of identity. The statute drew lawsuits almost immediately. A number of employers and a diversity consultant challenged a provision that says private employers may not require employees to attend a training or activity that promotes any of eight listed concepts.
Chief U.S. District Judge Mark E. Walker, writing for the U.S. District Court of the Northern District of Florida, Tallahassee Division, then issued an injunction against enforcing that provision. “Normally, the First Amendment bars the state from burdening speech, while private actors may burden speech freely,” Walker wrote. “But in Florida, the First Amendment apparently bars private actors from burdening speech, while the state may burden speech freely.”
In November, Walker issued another injunction, this one blocking a similar section of the law that applies to university professors. He accused the state of essentially arguing that “professors enjoy ‘academic freedom’ so long as they express only those viewpoints of which the State approves,” a position Walker described as “positively dystopian.”
“The First Amendment does not permit the State of Florida to muzzle its university professors, impose its own orthodoxy of viewpoints, and cast us all into the dark,” he concluded.
It is this November injunction the 11th Circuit just left in place.
“Conservatives who cheer on the Florida law should consider what liberal states—or, for that matter, a Democratic-controlled Congress—could do if allowed to engage in similar regulation,” Ilya Somin, a law professor at George Mason University, warns at The Volokh Conspiracy. “The same powers that Florida uses to target ‘woke’ employer speech can just as easily be used against conservative employers.””
“Trump’s rule held that if two good investments graded equally on likely risks and potential returns, ESG factors could serve as a tiebreaker, but, like the vice president’s vote in the Senate, should have no deciding force absent a deadlock.”
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“”The Biden Rule, like the Trump Rule, confirms the permissibility of ESG investing in pursuit of improved risk-adjusted returns in accordance with prudent investor principles without mandating such an investment strategy,” argue Northwestern’s Max M. Schanzenbach and Harvard’s Robert H. Sitkoff. “ERISA fiduciaries who did not use ESG factors prior to 2022 should feel no greater urgency to begin doing so now. And ERISA fiduciaries who are investing for collateral benefits continue to run the same fiduciary risk as before.””
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“Nevertheless, politicians—the president among them—have exaggerated the new rule’s immediate policy impact. “It simply states that if fiduciaries wish to consider ESG factors—and if their methods are shown to be prudent—they are free to do so.””
“The Dickey Amendment, first attached to the 1996 omnibus spending bill, for example, famously prevented the Centers for Disease Control and Prevention from funding gun violence studies for decades. A new interpretation of that amendment in 2018 changed that, but Dickey wasn’t the only thing making it hard to study gun violence.
Instead, the researchers told me, the biggest impediment to demonstrating whether gun control policies work is the way politicians have intentionally blocked access to the data that would be necessary to do that research.”
“Congress in December passed the Respect for Marriage Act, granting formal federal recognition to same-sex and interracial marriages. President Joe Biden quickly signed the bill into law.
While both types of marriages were already protected under federal law, that protection was afforded by the Supreme Court, not Congress. In the wake of Dobbs v. Jackson Women’s Health Organization, the 2022 case in which the Supreme Court overturned the federal abortion protection established by its 1973 decision in Roe v. Wade, supporters of gay marriage worried that the Court might also revisit that subject.”
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“The Respect for Marriage Act does not require states to legalize same-sex marriage. Many states still have bans on the books. If the Supreme Court ever decides to overturn Obergefell v. Hodges, the 2015 decision mandating legal recognition of gay marriages, those bans could take effect again.
The new law does require states to recognize same-sex marriages legally performed in other states. While that provision may seem contrary to federalist principles, states historically have recognized marriages performed in other states with different rules (regarding minimum ages or marriages of cousins, for example). Although the courts have not yet resolved the issue, such accommodation is arguably mandatory under the Constitution’s requirement that “full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
The Respect for Marriage Act says houses of worship, religious groups, and faith-based social agencies “shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges for the solemnization or celebration of a marriage.” It adds that “any refusal under this subsection to provide such services, accommodations, advantages, facilities, goods, or privileges shall not create any civil claim or cause of action.””
“Greater reliance on green energy also requires a stupendous increase in mineral extraction to provide the needed materials. Even if the world unquestionably possessed the mineral capacity necessary for the global energy transformation envisioned by President Joe Biden, Democrats in practice are enemies of mining. The U.S. Mining Association estimates that the country has $6.2 trillion of recoverable mineral resources like copper and zinc available for mining on millions of acres of federal, state, and private lands. Unfortunately, our labor, health, and climate regulations often make it practically impossible to profitably mine. As a result, these precious resources stay in the ground, which explains why the United States went from being the world’s No. 1 producer of minerals in 1990 to seventh place today.
Democrats committed to a green energy transition should make it a priority to reform counterproductive regulations like the National Environmental Policy Act (NEPA) and to implement other permitting reforms. Yet for the most part they won’t do so, as we saw when they helped strike down the permitting deal cut last year between Senate Majority Leader Chuck Schumer (D–N.Y.) and Sen. Joe Manchin (D–W.Va.).”
“One-third or so of species in the US are threatened with extinction, according to the Nature Conservancy. Think about that: One in three species could disappear for good. That includes things like owls, salamanders, fish, and plants, each of which contributes some function to ecosystems that we depend on.
Thankfully, there’s such a thing as conservation, and in the US, much of it is done by state wildlife agencies. Fish and game departments have a range of programs to monitor and manage species that include reintroducing locally extinct animals and setting regulations for hunting and fishing.
heir work, however, faces a couple of big problems.
The first is that states don’t have enough money. Roughly 80 percent of funding for state-led conservation comes from selling hunting and fishing licenses, in addition to federal excise taxes on related gear, such as guns and ammo. These activities aren’t as popular as they once were. “That results in less conservation work getting done,” Andrew Rypel, a freshwater ecologist at the University of California Davis, told Vox in August.
Another challenge is that states spend virtually all the money they do raise on managing animals that people like to hunt or fish, such as elk and trout. “At the state level, there’s been almost zero focus on non-game fish and wildlife,” Daniel Rohlf, a law professor at Lewis & Clark Law School, said in August. That leaves out many species — including, say, kinds of freshwater mussels — that play incredibly important roles in our ecosystems.
RAWA could be a fix. The bill would provide state wildlife agencies a total of $1.3 billion a year by 2026, based on the state’s size, human population, and the number of federally threatened species. RAWA also includes nearly $100 million for the nation’s Native American tribes, who own or help manage nearly 140 million acres of land in the US (equal to about 7 percent of the continental US).
One feature of RAWA that makes it so useful, according to environmental advocates, is that it requires states to protect animals that are imperiled, whether or not they’re targeted by hunters and fishers. “That’s funding that doesn’t exist right now,” Rohlf said.”
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“After RAWA passed the House last summer, lawmakers turned to the bill’s tallest hurdle: the “pay-for,” a.k.a. how to cover the cost of the legislation, without having to raise the deficit.
Negotiations carried on throughout the fall, and legislators put forward a number of different proposals. In the final weeks of the congressional term, it looked as though the government would pay for RAWA by closing a tax loophole related to cryptocurrency, as E&E News’s Emma Dumain reported.
Ultimately, lawmakers couldn’t agree on the details. That’s why RAWA got cut from the omnibus bill.”
“As part of the new rules package approved by House Republicans this week, the Congressional Budget Office (CBO) and Joint Committee on Taxation (JCT) will now be required to score legislation on projected macroeconomic effects—including inflation.
That’s a welcome change that will provide more information to lawmakers and the general public about the impact of spending bills.”
https://www.vox.com/policy-and-politics/2022/12/2/23488517/same-sex-marriage-bill-respect-for-marriage