10.01.2012

@JerryBrownGov Vetoes Domestic Workers Bill of Rights.

While Gov. Brown deserves some praise for signing a first-of-its-kind bill to ban pray-away-the-gay "therapy" for minors*, and signing a bill to allow young undocumented immigrants to obtain CA driver's licenses, he also deserves a massive whack upside the head for his decision to veto AB889, the Domestic Workers Bill of Rights.

Protip: You can't claim that the (overwhelmingly brown and female) workers of an industry deserve protections - and we're talking basic shit like guaranteed meal breaks, rest periods for live-in caretakers, and overtime pay - but turn around and veto it because it might cost more.  Yes, it will.  Duh.  That has always been how worker protections are.  But, see, the principle here is that people's safety and basic needs and ability to do their job without abuses are more important than the almighty dollar.  Just to clear that up for you, since you seemed to be confused.

It's couched in claims of concern for the poor and elderly who might have to pay more and thus not be able to afford caretaker support.  This is a legitimate concern.  You know how to address that, though?  Social support programs to make up the difference.  Fuck, go right to single-payer healthcare and you'll skip a lot of the trouble with that in the first place.  You know how not to address it?  By refusing to institute basic protections for the workers.  Don't take it out on them.  They deserve better.

He also pulls a line straight out of the anti-union-big-business playbook by saying that requiring such protections might mean there are fewer jobs overall because employers are having to pay more.  Gee, that sounds an awful lot like the arguments businesses have used against every union and every labor law ever - "We can't pay healthcare as well as wages, we'll go bankrupt and you'll all lose your jobs!"  "We can't afford to offer paid time off, it'll raise our costs and we'll have to lay people off to make ends meet!" etc. - and it's just as shitty coming from a supposed Democrat who just vetoed a worker protection bill as it is coming from private-sector PR.

It's especially shitty when it comes from a supposed Democrat who also vetoed two bills that would have instituted more stringent worker protections for agricultural workers by requiring that employers provide water and shade to prevent heat-related illnesses and deaths, basically by saying "yeah but this will actually lead to holding agribusinesses accountable in court (rather than just issuing them citations that are literally planned for in the company's accounting structure), and we don't like that."

But as was pointed out on tumblr, Brown knows what he's doing.  These bills overwhelmingly affect undocumented and migrant workers.  Who can't vote.  So he bolsters his cred with businesses (the California Chamber of Commerce opposed all three bills, gee I wonder why?) without losing much in actual votes come election time.

Smart politics.  Shitty decisions.

*Which I will have way more on tomorrow, because Liberty Counsel is already threatening to sue, and their histrionics are both predictable as fuck and hilarious.

Is it Christmas already? Judge rejects challenges to contraception mandate - HARD.

Go read this.  No, seriously.  Go read it.

Oh, fine.  For those not inclined to click through, Judge Carol Jackson of a federal district court in Missouri basically told anti-contraception assholes where to shove it.  She stated flat-out that the ACA's contraception mandate does not infringe on religious freedom, period the end:
… [T]he health care plan will offend plaintiffs’ religious beliefs only if an OIH employee (or covered family member) makes an independent decision to use the plan to cover counseling related to or the purchase of contraceptives. Already, OIH and Frank O’Brien pay salaries to their employees---money the employees may use to purchase contraceptives or to contribute to a religious organization. By comparison, the contribution to a health care plan has no more than a de minimus impact on the plaintiff’s religious beliefs than paying salaries and other benefits to employees.
Is it just me, or is there an implied "...so shut the fuck up already" at the end of that paragraph?

And it goes on from there, rejecting every single argument they put forth, from the "defining a religious exemption means the government is excessively entangled in deciding what's religion and what isn't therefore it's establishment of state religion" claim (??? So they're fine with the IRS dropping all tax-exempt statuses for religious organizations, right?  Because there has to be a definition somewhere for those, too.) to the "compelled subsidized speech" claim (just because someone, at some point of the process, uses words to facilitate something happening doesn't make the thing happening fall into the category of 'speech'), and basically said "Yes, you *can* claim that the regulation was "arbitrary and capricious", but you're flat the fuck wrong, so go away."

I'm sure it will be appealed, etc., but this is a fantastic start to work from.  Thank you, Judge Jackson, for shutting down their collective temper tantrum so thoroughly from the word 'go'.

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