Supreme Court ruling imperils abortion laws in many states, including Alabama
By striking down tough abortion restrictions in Texas, the U.S. Supreme Court has emboldened abortion-rights activists nationwide and imperiled a range of anti-abortion laws in numerous states. Many anti-abortion leaders were openly disappointed, bracing for the demise of restrictions that they had worked vigorously to enact over the past few years. The Supreme Court has decided “the abortion industry will continue to reign unchecked as mothers are subjected to subpar conditions,” said Heather Weininger, executive director of Wisconsin Right to Life. On the other side of the debate, Planned Parenthood president Cecile Richards hailed the ruling as “an enormous victory for women,” and joined her abortion-rights allies in vowing to quickly seek gains beyond Texas. “Far too many women still face insurmountable barriers, which is why we are taking this fight state by state,” she said. “It’s time to pass state laws to protect a woman’s constitutional right to abortion, and repeal ones that block it.” The Texas rules struck down Monday by the Supreme Court required doctors who perform abortions to have admitting privileges at nearby hospitals and forced clinics to meet hospital-like standards for outpatient surgery. Supporters of the Texas law, and similar laws enacted in other states, said both provisions were necessary to ensure safe, high-quality care for women. Opponents of the laws said abortion already is a very safe procedure, and contended the real motive of the laws was to reduce women’s access to abortion. According to the Center for Reproductive Rights, which led the legal challenge, similar admitting-privilege requirements are in effect in Missouri, North Dakota and Tennessee, and are on hold in Alabama, Kansas, Louisiana, Mississippi, Oklahoma and Wisconsin. The hospital-like outpatient surgery standards are in place in Michigan, Missouri, Pennsylvania and Virginia, and are on hold in Tennessee, according to the center. Monday’s ruling is likely to remove an ongoing threat to the only abortion clinic still operating in Mississippi. A Texas-style law there would have shut down the Jackson Women’s Health Organization clinic, but enforcement of that law had been blocked pending resolution of the Texas case. The sponsor of the Mississippi law, state Rep, Sam Mims, said he now expects that the law is doomed. It requires doctors who perform abortions to be able to admit patients to a hospital within 30 miles of their clinics; providers at the Jackson clinic had been unable to obtain such privileges. “It’s very disappointing that … it seems like these five justices are more concerned about access to abortion than health care to the women,” Mims said in a phone interview. In Alabama, Attorney General Luther Strange said his office is ending the legal fight over its law requiring abortion doctors to have hospital-admitting privileges. The state had been appealing a judge’s 2014 decision finding Alabama’s law unconstitutional. If the admitting privilege requirement was enforced, as many as four of the state’s five abortion clinics could close. The legislative director of Louisiana Right to Life, Deanna Wallace, said the Supreme Court decision doesn’t automatically invalidate Louisiana’s Texas-style law, but it “does not predict a favorable forecast for its future.” In several states, including Oklahoma, Kansas, Michigan and Missouri, state officials said they were reviewing the status of their abortion restrictions in light of the high court ruling In Pennsylvania, a Democratic state senator, Daylin Leach, said he would introduce legislation seeking to repeal a 2011 law that tightened requirements at abortion clinics. The law requires such clinics to comply with the same safety standards as outpatient surgery centers, including requirements for wider hallways and doorways, bigger operating rooms, and full-time nurses. The law was signed by then-Gov. Tom Corbett, a Republican, in the aftermath of a Philadelphia criminal case in which an abortion provider, Dr. Kermit Gosnell, was convicted of killing newborn babies during illegal, late-term abortion procedures performed in filthy surroundings. An abortion-rights lawyer, Sue Frietsche, said the law inflicted heavy financial burdens on abortion clinics throughout Pennsylvania and contributed to the closure of several of them. Looking ahead, a key question for both sides in the abortion debate is to what extent Monday’s ruling will affect other types of abortion restrictions, beyond the two provisions at stake in the Texas law. For example, more than a dozen states have passed laws banning most abortions after 20 weeks of pregnancy, on the disputed premise that a fetus can feel pain at that stage. Several states have recently banned dilation-and-extraction, a common second-trimester abortion technique that opponents have depicted as “dismemberment abortion.” Some states now require a 72-hour waiting period before a woman can have an abortion. Nancy Northup, CEO of the Center for Reproductive Rights, said her legal team will be reviewing these and other laws to determine if they are now vulnerable in the aftermath of Monday’s high court ruling. In the ruling, Justice Stephen Breyer wrote that the Texas requirements provided few, if any, health benefits for women, while placing “an undue burden” on their constitutional right to seek an abortion. The question ahead, Northup said, is whether other types of state restrictions also pose such a burden. “It’s going to be interesting to see if responsible lawmakers realize they need to start upholding women’s rights or continue with this game of Whack-a-Mole that’s been going on,” said Northup, referring to states that launched new anti-abortion legislation even as earlier measures were blocked by litigation. Republished with permission of The Associated Press.
Alabama politicians react to U.S. Supreme Court immigration ruling
Thursday, the U.S. Supreme Court issued a 4-4 tied ruling in the case of United States v. Texas, which effectively blocks President Barack Obama’s proposed immigration plan that sought to shield millions living in the U.S. illegally from deportation. The single-sentence opinion effectively kills the plan for the duration of Obama’s presidency. Obama expressed disappointment Thursday in the deadlocked ruling, saying the decision “takes us further from the country that we aspire to be.” “For more than two decades now our immigration system, everybody acknowledges, has been broken,” Obama continued. “And the fact that the Supreme Court wasn’t able to issue a decision today doesn’t just set the system back even further, it takes us further from the country that we aspire to be.” Here are reactions from elected officials and political groups in Alabama. We will be updating this post as they come in: U.S. Sen. Richard Shelby: Today’s Supreme Court decision, which effectively blocks President Obama’s immigration executive actions, is a victory for our system of checks and balances. Time and again, the Obama Administration has attempted to circumvent Congress and push its agenda on the American people through executive fiat. While I am pleased that the Supreme Court has halted this unprecedented power grab for now, today’s decision underscores the importance of electing a president in November who will put a conservative on the Court to defend our Constitution. U.S. Sen. Jeff Sessions: Today’s decision in United States v. Texas is not just a victory for Texas, Alabama, and a majority of the States in this great nation who challenged the lawless actions of the Obama Administration, but a victory for the American people and for the rule of law. Read his full statement here. Alabama 1st District U.S. Rep. Bradley Byrne: Once again, the Obama Administration has suffered defeat due to their failure to follow the Constitution and the laws of our country. This decision is a major victory for the rule of law and our opposition to illegal executive amnesty. Instead of continuing to encourage amnesty, the executive branch should enforce the immigration laws already on the books and finally secure our borders. Alabama 2nd District U.S. Rep. Martha Roby: The Supreme Court’s decision affirms the separation of powers, one of the most fundamental governing principles in our Constitution. The president cannot legislate or rule like a king. I believe this decision sends a strong message to President Obama and future presidents that constitutional order and the rule of law must prevail in this country. Our illegal immigration problem is very real. President Obama’s amnesty orders only served to exacerbate the problem by inviting even more illegal immigrants to cross our border and by poisoning any progress Congress could make toward meaningful solutions. Amnesty won’t solve our immigration problems. We have to secure the border and enact better polices that discourage illegal entry, punish lawbreakers and promote America’s economic interests. Alabama 3rd District U.S. Rep. Mike Rogers: Today’s decision to halt President Obama’s executive amnesty is an important victory for the rule of law and Constitutional government. I was proud to sign on to amicus briefs throughout this case and to give the House an official voice in the Supreme Court by voting for H. Res. 639 in March. I firmly believe the President’s unilateral act to grant legal status to millions of illegal immigrants clearly undermines the power of Congress and the Constitution’s system of checks and balances. Congress must move forward with legislation to secure our borders and create real consequences for people who openly flaunt our immigration laws. Alabama 6th District U.S. Rep. Gary Palmer: Today the Supreme Court put the power back in the hands the American people, not President Obama’s,” said Palmer. “Their 4-4 tied decision thwarts the President’s attempt to unconstitutionally overrule current immigration laws. Laws are made by the people through their elected representative, not through executive action. We must work together to enforce our current immigration laws and secure our borders, but today we celebrate this victory for the American people. Alabama Attorney General Luther Strange: This is a strong victory for the Constitution, the rule of law and for the conservative Attorneys General who took this important case all the way to the highest court in the land and prevailed,” said Attorney General Strange. Today’s Supreme Court 4-4 tie vote effectively blocks President Obama’s illegal executive amnesty program, allowing the lower federal court ruling against the immigration program to stand. Alabama was one of more than two dozen states joined in a legal challenge of President Obama’s plan to grant amnesty to millions of illegal aliens. Today’s decision should send a strong signal to the President and his administration that they cannot continue to ignore the Constitution, Congress and the rule of law.
Alabama politicians react to deadly shooting at Orlando nightclub
Following a deadly shooting early Sunday morning that claimed the lives of at least 50, including the gunman, at a popular gay nightclub in Orlando, Florida, Alabama politicians offered their condolences for the victims and their somber support for people in Orlando. Here’s what they’re saying: Alabama Governor Robert Bentley (via news release): The Alabama Law Enforcement Agency has been briefed by the FBI and the Department of Homeland Security regarding the tragedy in Orlando. The act of terror appears at this hour to be an isolated incident with no known immediate threats. However, Alabamians should be on alert, especially when attending large mass gatherings throughout the state. As always, if you see something, say something. Report anything suspicious to the Alabama Fusion Center. ALEA Secretary Stan Stabler is receiving regular briefings as the situation unfolds. The taking of innocent lives is always a hate crime, and any act of terror is a threat to everyone’s security. Alabamians are strong in love and in faith, and I ask the people of our state to pray for the Orlando families, for law enforcement and, yes, for our enemies. We remain diligent in protecting the safety and security of all Alabamians. Alabama Attorney General Luther Strange (via Facebook post): Sending our prayers to Orlando. U.S. Senator Richard Shelby (via Facebook post): I’m deeply saddened by the horrific tragedy in Orlando. My thoughts and prayers are with the victims, their families, and the first responders. Alabama 1st District U.S. Congressman Bradley Byrne: The tragedy in Orlando is a strike at every American. Our hearts go out to the wounded and their families, but most especially to the family and loved ones of all who were killed. There is no room for hate in America, and this ugly crime is the result of a coward following his own hate. It doesn’t matter what the source of that hate was – it was and is an affront to God himself. Alabama 2nd District U.S. Congresswoman Martha Roby (via Facebook post): I’m horrified and heartbroken by the terrorist attack in Orlando. I’m praying for the victims and their families, and I ask others to send prayers of comfort and healing for everyone affected. This is the worst terrorist attack on American soil since September 11, 2001. Though reports on the killer’s ties to specific groups still coming in, we must fully dispel the notion that our struggle against radical Islamic terrorism is solely an overseas fight. That fight is here in the Homeland, and all American leaders must come to grips with it. Alabama 4th District U.S. Congressman Robert Aderholt (via news release): I was sad to hear about the terrorist attack in Orlando, on American soil. This and other attacks we have seen, prove that we do not have the luxury of debating the political correctness of ‘radical Islam ‘. We need to focus on these and other terrorists and do whatever it takes to identify and hunt down those who would do us harm. It was disheartening to hear some in the media, and even the President in his initial remarks, use this tragedy as a means to push any type of political agenda relating to gun control. Terrorists by their very definition are criminals and will find a way get their hands on guns. What the president is proposing would take guns away from the very people who would defend themselves. That said, it is too soon to inject politics into the discussion. The White House and Congress should focus on the task at hand – protecting the homeland. Alabama 6th District U.S. Congressman Gary Palmer (via Facebook post): My thoughts and prayers are with the victims of the act of terror in Orlando, their families and the first responders. It is clear the fight against terror has reached the Homeland, but we as Americans cannot give in to terror. Instead, we must stand together and defend the safety of our nation against those who wish to do us harm. Huntsville Mayor Tommy Battle: Our thoughts and prayers are with the families of the victims and the people of Orlando. From one community to another, we stand with you. In vivid instances of hate like the episode of terror early this morning, we’re reminded that we as a people cannot let violence define our city, our state, or our nation. In Huntsville, we will not tolerate bigotry or intolerance. Truly, we are stronger – better – when we unite together as Americans. It is important to know that we have no reason to believe Huntsville is under any threat at this time. We’ve been in close contact with the Huntsville Police department since early this morning and will continue to closely monitor the situation and take appropriate measures to keep Huntsville safe. The ability to live our lives peacefully is one of our most basic responsibilities as leaders and public servants. And it’s one we’ll continue to stand up for vigorously.
Reactions to the Mike Hubbard guilty verdicts
A jury found Alabama House Speaker Mike Hubbard guilty on 12 of 23 felony ethics charges Friday. He was acquitted on the other charges. Here’s what Alabama lawmakers and government officials are saying of the guilty verdicts. Governor Robert Bentley (via a news release): “Alabama is strong because our people are strong. As leaders we were placed here to serve our people and that is exactly what we are going to continue to do. God has assigned us to this task, and we will work hard to honor Him. I have the utmost confidence in the men and women of the Alabama Legislature. We will all continue working together to solve the real problems facing our state and to help Alabamians. We will pass a balanced budget that funds essential state services, create well-paying jobs and care for our sick, our elderly and our children. No matter how difficult the challenge, the people of this state will know we are working hard every day to serve them.” Lt. Gov. Kay Ivey: “The verdict reached by twelve Lee County jurors brings finality to a lengthy legal process that has impacted our state government and public trust. I pray that Mike, his wife Susan, and their sons will be strengthened and supported through the uncertainties of this difficult time. I respect the jury’s hard work and accept their findings. It is not easy to sit in judgment and these jurors did their duty as citizens of Alabama. One of our basic founding principles is the safeguard that due process affords to protect individual freedoms when justice is administered. The rule of Law and the right to a trial by jury has helped maintain our democracy for more than two centuries. The consistency of our legal system in treating everyone as an equal before the Law will continue to sustain us now and in the future. I believe in the rule of law, Alabama and her people. I know that our best days are ahead of us.” Attorney General Luther Strange (via news release): “This is a good day for the rule of law in our state. This kind of result would never have been achieved had our office not put together the finest public corruption unit in the country. I’m very proud of their work. This should send a clear message that in Alabama we hold public officials accountable for their actions.” State Representative Jack Williams (statement to Alabama Today): “This is a sad day for Alabama and a sad say for Speaker Hubbard, his family and friends. We operate under the rule of law and the House will continue to move forward under new leadership. I urge all Alabamians to join me in praying for Mike, Susan and his sons during this very difficult time and to pray for our state government for wisdom and guidance as we move through this situation.” State Representative Will Ainsworth (via his Facebook page): “As a freshman legislator, I have worked hard to bring a new mindset to state government — a mindset that doesn’t operate in the shadows of backroom deals or rely upon the politics of the past. It’s disappointing when anyone succumbs to the temptations that Montgomery offers, and when a leader is the one who strays, that disappointment is magnified tenfold. All elected officials must be mindful of the words in Proverbs 11:28, “Those who trust in their riches will fall, but the righteous will thrive like a green leaf.” Acting House Speaker and Speaker Pro Tem Victor Gaston (via news release): “The Alabama House is not defined by the actions of any one member, it is defined by the motto that appears on the wall of our Chamber, “Vox Populi,” which means “Voice of the People.” This incident, no matter how regrettable, offers strong proof that the ethics reforms passed by the Legislature in 2010 remain among the toughest in the nation. I know that every House member, regardless of party, will keep Mike Hubbard and his family in our prayers as he begins this next, most difficult chapter in his life.” Decatur-Republican, House Majority Leader Micky Hammon (via news release): “While today is a sad one for those of us who served with Mike Hubbard, it is also one that reaffirms the fact that our justice system is an impartial one. The Alabama House will move past this chapter in its history and remain committed to the guiding conservative principles that the majority of our members hold close to their hearts. Issues like fiscal responsibility, growing our economy, improving education, and fighting unnecessary federal intrusion into the lives of Alabamians will continue to be our highest priorities.” House Minority Leader Craig Ford: “This is a dark day for Alabama. Mike Hubbard led Republicans to a supermajority on a platform of cleaning up corruption in Montgomery. But instead of cleaning up corruption, Mike Hubbard and the Republican leadership in all three branches of our government have embraced corruption. They have forgotten they are supposed to serve the people, and not the other way around.” Alabama Republican Assembly (via news release): The Alabama Republican Assembly would like to thank the twelve members of the jury in Lee County for their role in our judicial system and holding public officials accountable for their actions. These men and women found House Speaker Mike Hubbard guilty of twelve felony charges relating to political corruption and abuse of power. These jury members displayed a conviction that was lacking in our state legislature, which voted to keep Mike Hubbard as Speaker despite the 23 indictments and previous findings disclosed by an audit of the Alabama Republican Party. The Alabama Republican Assembly hopes that integrity can be restored to this office with the election of a new Republican Speaker that is free of any affiliation with the unethical acts of the previous administration. A Speaker that will stand steadfastly for conservative Alabama values and against the corrupting influences of organized gambling, special interest lobbyists, and corrupt politicians. We
Luther Strange denounces 9th Circuit Court of Appeals ruling as affront to Second Amendment
A federal appeals court in California ruled Thursday there is no constitutional right to carry a concealed handgun in public. By a 7-4 vote, the 9th Circuit Court of Appeals in San Francisco upheld a California law that requires gun owners to show a good reason before they can get a license to carry a concealed handgun. “We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public,” the ruling read. Upon hearing the court’s decision, Alabama Attorney General Luther Strange denounced the ruling, which he says effectively denies residents of San Diego County, California, their Second Amendment right to possession of a handgun for self-defense outside the home. “The U.S. Ninth Circuit Court of Appeals held today that residents have no Second Amendment right to carry a firearm outside their home for self-defense,” said Attorney General Strange. “In effect, the appeals court ruled that San Diego County can outlaw guns outside the home by declining to issue anyone a permit. This court’s decision is a direct challenge to the Second Amendment and is unconstitutional.” In her dissent, Judge Consuelo Callahan said, “a prohibition on carrying concealed handguns in conjunction with a prohibition of open carry of handguns would destroy the right to bear and carry arms.” Attorney General Strange filed an amicus brief on April 30, 2015, on behalf of Alabama and 20 other states, in the case of Peruta v County of San Diego challenging San Diego County’s effective prohibition of both open and concealed carry of firearms. Alabama’s amicus brief asserted that “San Diego County sheriff’s prohibition on the possession of a handgun outside the home, with limited exceptions, makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.” The brief continues “The sheriff’s department admits that, under this system, the typical person cannot qualify for a concealed carry permit for personal protection. In fact, an applicant must specifically demonstrate ‘a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way. Simply fearing for one’s personal safety alone is not considered good cause.’” The brief added under San Diego County’s gun restrictions “bearing arms in self-defense is not a right, but a privilege granted by the government to those it deems most in danger from a specific, previously documented threat.” Alabama was joined in the amicus brief by Alaska, Arkansas, Florida, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
Luther Strange to State Board of Education: Ignore Obama’s transgender bathroom rules
Alabama Attorney General Luther Strange sent a letter to the State Board of Education in response to many questions from Alabama’s school systems on the ramifications of President Obama‘s recent executive actions requiring public schools to allow transgender students to use the restrooms and locker rooms corresponding to their preferred gender. In the letter, Strange advised the school board to simply ignore the president’s directive until the issue is taken up and settled in federal court. “Although the (federal guidance) letter states that it ‘does not add requirements to applicable law,’ it clearly purports to change the law by redefining the word ‘sex’ in Title IX of the Education Amendments of 1972 to mean ‘gender identity,’” wrote Attorney General Strange. “…Title IX is about discrimination ‘on the basis of sex,’ not gender identity.” AG Strange filed suit on behalf of the state against the Obama administration last week, joining 10 other states in pushing back against the executive order. “The Obama administration has taken government overreach to an unprecedented level, directly challenging the personal privacy of America’s school children while threatening to withhold funds from schools which refuse to accept this form of coercion,” said Strange in a press release announcing the lawsuit. “President Obama does not have legal grounds to rewrite the law. Congress was absolutely clear that federal law allows schools to have separate facilities based on the ‘sex’ of the individual, not their gender preference. This disturbing attempt to transform America’s classrooms into laboratories for the Obama administration’s social experiments will not stand up to the test of law.” The issue has become increasingly heated in the weeks following President Obama’s order, with everyone from presumptive GOP nominee Donald Trump to Alabama Today’s own Apryl Marie Fogel weighing in on the subject. Find the entire text of the letter to the State Board of Education below. Dear Members of the Board of Education: My Office has received numerous inquiries from educators and others about the “significant guidance letter” issued by the United States Department of Education and Department of Justice on May 13, 2016. Although the letter states that it “does not add requirements to applicable law,” it clearly purports to change the law by redefining the word “sex” in Title IX of the Education Amendments of 1972 to mean “gender identity.” It is my understanding that principals and teachers in Alabama have considerable discretion in how to accommodate transgendered students. The question of how to accommodate a transgendered student is presently resolved on a case-by-case basis in consultation with the student’s parents, teachers, and principals. But it appears that the most frequent accommodation is to encourage the student to use a single-occupancy bathroom. Unfortunately, that commonsense practice would be inconsistent with the “significant guidance letter,” which states that “a school may not require transgender students . . . to use individual-user facilities.” In my opinion, the guidance letter is based on a legally erroneous interpretation of Title IX. Title IX forbids disparate treatment “on the basis of sex.” 20 U.S.C. §1681(a). But Title IX provides that “nothing contained herein shall be construed to prohibit any education institution . . . from maintaining separate living facilities for the different sexes.” 20 U.S.C. § 1686. Similarly, the 1975 regulation that implements Title IX expressly authorizes “provid[ing] separate toilet, locker room, and shower facilities on the basis of sex.” 33 C.F.R. § 106.33. In other words, Title IX is about discrimination “on the basis of sex,” not gender identity. Unlike subjective gender identity, sex is an objective biological reality. The American Psychological Association defines “sex” as “a person’s biological status” based on indicators such as “sex chromosomes, gonads, internal reproductive organs, and external genitalia.” Gender, on the other hand, “connotes cultural or attitudinal characteristics distinctive to the sexes, as opposed to their physical characteristics.” Hopkins v. Baltimore Gas & Elec Co., 77 F.3d 745, 749 n.1 (4th Cir. 1996). To redefine “sex” as “gender identity,” the guidance letter erroneously relies on judicial decisions that are distinguishable and unpersuasive. Judicial decisions in which transgender plaintiffs have been allowed to pursue discrimination claims have involved penalizing the transgendered person for failing to look, act, or dress the way “real” men or women are culturally expected to. Most of these cases did not even mention bathroom usage, and none of them turned on bathroom-related claims. The guidance letter ignores, however, the numerous courts that have held that schools may provide separate bathrooms on the basis of biological sex differences. E.g., Jeldness v. Pearce, 30 F.3d 1220, 1228 (9th Cir. 1994); R.M.A. v. Blue Springs R-IV Sch. Dist., 477 S.W.3d 185, 187 (Mo. Ct. App. 2015); Johnston v. Univ. of Pittsburgh of Com. Sys. of Higher Educ., 97 F. Supp. 3d 657, 670 (W.D. Pa. 2015); Doe v. Clark Cty. Sch. Dist., No. 206-CV-1074-JCM-RJJ, 2008 WL 4372872 at * 4 (D. Nev. Sept. 17, 2008). Because the guidance letter is based on an erroneous view of Title IX, I believe the threat that schools will lose federal funding for failing to comply with the guidance is ultimately an empty one. On May 25, I filed suit on behalf of Alabama, along with officials from ten other States, to prevent the Department of Justice and Department of Education from enforcing the guidance letter. This lawsuit will determine whether the Department of Justice and Department of Education have the authority to implement the policy announced in the guidance. I have attached a copy of our complaint to this letter. Until the lawsuit is resolved, I would encourage educators to simply ignore the guidance letter. Sincerely, Luther Strange Attorney General
Alabama Memorial Day messages
Today, families across Alabama and the country pause to honor and remember those who made the ultimate sacrifice to secure our safety, security and freedom. We honor and mourn those, who generation after generation, coming from every corner of our great Nation, have shed their blood in this country and in foreign lands across the globe so that we may have our liberty still today. On this Memorial Day we honor and remember the fallen – these selfless and heroic men and women. Here are some Memorial Day messages from elected officials in Alabama: Governor Robert Bentley: Today we honor the service men and women who made the ultimate sacrifice for this country. Lt. Gov. Kay Ivey: Today and everyday, we remember and honor those who made the ultimate sacrifice for our country. #MemorialDay2016 Alabama Attorney General Luther Strange: Remembering those who paid the ultimate price for our freedom. We are forever grateful for their sacrifice and the sacrifice of their families. Have a safe and wonderful Memorial Day weekend. Alabama 1st District Rep. Bradley Byrne: Freedom is not – and has never been – free. May we never forget those who paid the ultimate sacrifice in defense of freedom, and may we each work every day to uphold the very freedoms they fought so hard to protect. God bless those who serve our great nation! Alabama 2nd District Rep. Martha Roby: When we remember the sacrifice of those who gave their lives fighting for this country, it is impossible not to feel a deep, humbling sense of gratitude for a debt we cannot pay. I hope you’ll take a moment to reflect on those brave men and women and the sacrifices they made to keep this nation free. Please also take time to share what this day means with children so that they may grow up understanding that gratitude and that debt we owe. Blessings to you and your family this #MemorialDay. Alabama 4th District Rep. Robert Aderholt: This Memorial Day Weekend I hope that you will take time to remember the true cost of our freedom. The men featured in this video are all from the 4th Congressional District and are listed by the Department of Defense as being killed in action since the September 11th attacks in 2001. This is the true sacrifice that keeps us free. We can’t and we won’t forget them or the others who have died serving our country since 1776. Alabama 5th District Rep. Mo Brooks: Proclaimed on May 5, 1868, Memorial Day is an opportunity for Americans to reflect on our nation’s history and on the great sacrifices made by the men and women of the U.S. military to protect and defend our way of life. This weekend, I encourage every American to observe in your own way a moment of remembrance for those who have given their lives in service to our great nation. Alabama 6th District Rep. Gary Palmer: As has been said, we cannot expect to be the land of the free unless we are the home of the brave. Our veterans will not be forgotten. Alabama 7th District Rep. Terri Sewell: As we prepare for cook-outs and family gatherings, we must stop and recognize that Memorial Day is so much more than a three-day weekend – especially to the families and friends who still mourn for the love ones lost in battle and those who have returned home, but still face challenges ahead. We must never forget these patriotic individuals who swore an oath to defend this nation. Their sacrifices live on through the freedoms they fought to secure for all of us. So too must we stay vigilant in the fight to ensure that all citizens are able to enjoy the rights and protections our country was founded on.
Luther Strange adds Alabama to 11-state fight against Obama’s bathroom regulations
Alabama Attorney General Luther Strange added Alabama to an 11-state lawsuit against President Obama‘s order mandating public schools across the country allow transgender students to use the bathrooms and locker rooms corresponding to their preferred gender expression. “The Obama administration has taken government overreach to an unprecedented level, directly challenging the personal privacy of America’s school children while threatening to withhold funds from schools which refuse to accept this form of coercion” said AG Strange in a press release Wednesday. “President Obama does not have legal grounds to rewrite the law. Congress was absolutely clear that federal law allows schools to have separate facilities based on the ‘sex’ of the individual, not their gender preference. This disturbing attempt to transform America’s classrooms into laboratories for the Obama administration’s social experiments will not stand up to the test of law.” The issue has become increasingly heated in the weeks following President Obama’s order, with everyone from presumptive GOP nominee Donald Trump to Alabama Today’s own Apryl Marie Fogel weighing in on the subject. Earlier this month AG Strange called the new policy “just one more example of the kind of federal overreach that we have come to expect from this White House.”
Alabama politicians react to Obama administration’s new bathroom guidelines
President Barack Obama‘s Administration is telling every public school in the nation that they must allow students to use bathrooms and locker rooms corresponding to their gender identity rather than their biological sex. The formal guidance comes in the form an eight-page joint directive. Released Friday afternoon by the U.S. Justice Department and the U.S Department of Education instructing school administrators that, when it comes to bathrooms and locker rooms, “A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity. A school may not require transgender students to use facilities inconsistent with their gender identity or to use individual-user facilities when other students are not required to do so.” Here’s how Alabama politicians are reacting to the guidelines: Alabama Attorney General Luther Strange: The Obama Administration’s new guidance document is just one more example of the kind of federal overreach that we have come to expect from this White House. School bathroom use is an issue that should be decided by parents, teachers, and principals—not federal bureaucrats. The DOJ guidance document is also wrong on the law. Title IX allows schools to have separate facilities for separate sexes. The law says ‘sex,’ not gender identity. If the Obama Administration tries to enforce this absurd edict, I will work with other Attorneys General to challenge it. U.S. Rep. Bradley Byrne (AL-01): I’ve been watching some of the reports on the Obama Administration’s new “bathroom guidance,” and I am pretty frustrated. Schools in Alabama or anywhere around the United States don’t need the federal government to dictate “bathroom policy” to them. Let’s get real here for a minute – this entire debate is executive overreach at its worst. Washington doesn’t always know best, and it has no business getting involved in a debate about where people go to the bathroom. U.S. Rep. Martha Roby (AL-02): They have lost their minds. This is a great example of an issue in which we need a lot less government and a lot more common sense. These are children. Eighth grade boys don’t need government-guaranteed access to the sixth grade girls’ bathroom, or vice versa. Schools can figure out how to accommodate students’ unique needs on an individual basis without federal bureaucrats’ tortuous redefinition of sex. Moreover, threatening to sue schools or withhold funding if they don’t conform to this backward application of law is an abuse of power that won’t stand. I look forward to hearings that will expose how ridiculous and unworkable such a policy is. U.S. Rep. Robert Aderholt (AL-04): The U.S. Department of Education’s transgender directives just released reveal a new desperation by this administration to impose their liberal agenda on their way out the door. The Administration should not jeopardize the safety of our children in their efforts to force Americans to accept their LGBT political agenda. Threatening to cut off funding to public schools, which are diligently working to educate our children, is nothing short of blackmail. We must continue to push back against this Administration’s almost constant attempt to circumnavigate Congress and the Constitution. To that end, I will be joining several of my Congressional colleagues in signing a letter to the President, expressing great concern over these guidelines and reminding Mr. Obama that he cannot infringe upon the constitutional right of Congress to appropriate funds. U.S. Rep. Gary Palmer (AL-06): This is yet another example of overreach by the Obama Administration. The guidance purports to create an environment that is “supportive” and “safe”. It will do neither. In fact, it will create an environment with much more potential for sexual misconduct and harm. No reasonable person could conclude that forcing school children, particularly adolescents, to share bathrooms and showers with individuals of the opposite sex, no matter how they might self-identify, is a smart idea. The safety implications for sexual predation have been well documented, but this Administration apparently has no concern about the sexual predators. This guidance does not have the force of law and schools all over America should reject it. Alabama schools should reject it. The Obama Administration is engaging in an ideological war against our nation that not only is ripping our moral foundations apart, but now threatens our children’s safety and privacy. This action should cause all people of strong faith and moral convictions to come together across racial, religious and political lines to stop it. Members of Congress regardless of political affiliation who have the moral courage and conviction to do so, should stand to together and use every viable tool, including the power of the purse to stop the Administration from bullying states and local schools into adopting practices that the vast majority of Americans reject. This action should be seen for what it is, an act intended to force Americans to conform to the will of an increasingly extremist and provocative Administration. State Rep. Will Ainsworth Like many of you, I am outraged and disgusted by the Obama administration’s threat to withdraw federal funding from states that do not allow so-called “transgender” students to use the bathroom, locker room, and shower facilities of their choosing. Alabama will not succumb to Obama’s extremist extortion. Gender is not a choice. It is a fact that is determined by biology and by God, not by how masculine or feminine you feel when you wake up in the morning. Dressing like a pirate doesn’t make you a pirate, dressing like an astronaut doesn’t make you an astronaut, and dressing like the opposite sex doesn’t make you a man or a woman. In the next legislative session, I will be introducing a law to block Barack Obama’s insane demand from being implemented in Alabama and in the interim call upon the State School Board to immediately promulgate a policy clearly requiring public school students to use the facilities that comply with their biological gender. Our nation’s morals, our state’s values, and our children’s future are at stake, so we must take action now.
Luther Strange: Bathroom issue is just another Obama overreach
Alabama Attorney General Luther Strange signaled in a press release Friday his stance on the growing nationwide conversation over where transgender men and women should be permitted to use the restroom. “The Obama Administration’s new guidance document is just one more example of the kind of federal overreach that we have come to expect from this White House,” said Strange. “School bathroom use is an issue that should be decided by parents, teachers, and principals—not federal bureaucrats. The DOJ guidance document is also wrong on the law. Title IX allows schools to have separate facilities for separate sexes. The law says ‘sex,’ not gender identity. If the Obama Administration tries to enforce this absurd edict, I will work with other Attorneys General to challenge it.” The recent rise in awareness of the issue has been sparked by a number of states and localities dictating whether or not people must use the bathroom corresponding to their gender at birth. This week the Obama administration’s Department of Justice filed suit against a recently-passed North Carolina law which says public schools must enforce gender-at-birth bathroom policies. Proponents of the law, including Strange, fear the administration’s move could signal a move toward forcing public schools across the country into allowing students to use the bathrooms and locker rooms consistent with their gender identity. Strange isn’t the only Alabama figure to speak out against the trend. Representative Will Ainsworth, Republican of Guntersville, railed against the practice in a Facebook post Friday. “Gender is not a choice,” Ainsworth wrote. “It is a fact that is determined by biology and by God, not by how masculine or feminine you feel when you wake up in the morning. Dressing like a pirate doesn’t make you a pirate, dressing like an astronaut doesn’t make you an astronaut, and dressing like the opposite sex doesn’t make you a man or a woman.” Ainsworth promised to sponsor legislation standing against the president’s stance in the next legislative session. “Our nation’s morals, our state’s values, and our children’s future are at stake,” he concluded, “so we must take action now.” State Senator Phil Williams of Rainbow City also argued in favor of blocking the administration’s effort in a op-ed published on Alabama Today Friday. “In Alabama, the courts have long held that the citizens of this state have a right to privacy and a right to feel secure;” said Williams, “and that these rights extend not just to the physical, but also to the mental and emotional wellbeing of the individual. The right to privacy of an individual in a place in which they would ordinarily and reasonably expect to be secluded, even where that secluded place is public in nature, has been upheld by the state and federal courts in Alabama for years. By implication this principle would have to extend to restroom, bathroom and changing facilities.”
Luther Strange seeks to dismiss assault charge against police officer
Prosecutors are looking to drop state charges against a north Alabama police officer accused of assaulting an Indian man during a suspicious person investigation. Alabama Attorney General Luther Strange filed a motion Thursday to dismiss the case against Eric Parker in Limestone County Circuit Court. Parker was recorded slamming 58-year-old Sureshbhai Patel to the ground in February 2015. Patel was out for a walk when he was approached by police. Parker has said Patel resisted him. Patel has said through an interpreter that he doesn’t speak English and didn’t understand Parker’s orders. Two federal civil rights trials against Parker ended in hung juries before he was acquitted. Strange said in a statement that there isn’t sufficient evidence for the state to prove its case beyond a reasonable doubt. Republished with permission of the Associated Press.
Daily fantasy sports websites comply with Alabama Attorney General’s order to leave
Daily Fantasy Sports (DFS) websites DraftKings and FanDuel have reached an agreement with Alabama Attorney General Luther Strange to cease operations in the state after the AG’s office declared the relatively new practice to constitute illegal gambling last month. In DFS, participants pay to create a roster of players, then pit their roster against those of other participants. Whomever’s roster performs the best that day within a particular pool wins prize money through the site. “I am pleased to report that fantasy sports operators DraftKings and FanDuel have complied with my order that they halt paid contests within the State of Alabama,” said Strange. “As Attorney General, it is my duty to uphold Alabama law, including the laws against illegal gambling. The daily fantasy sports operations violate state law because a player stakes something of value on a contest of chance in order to win a prize. While there is a measure of skill involved in creating a fantasy sports roster, in the end, contestants have no control over the performance of the players on their rosters. This activity is illegal under Alabama law.” In addition to ceasing operations in the state, DraftKings and FanDuel must process user requests from Alabama-based IP addresses to withdraw their account balances within seven business days of receiving such requests, according to the AG’s office. According to Alabama Code Section 13A-20-12, a person participates in gambling if he or she “stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome.” Gambling in Alabama is illegal, with a few exceptions including buying securities and commodities, insurance, and some grandfathered activities. DFS sites often contend they are games of skill, not of chance, and thus aren’t covered under most states’ gambling laws, but Strange argues this is not sufficient to keep them legal in Alabama. Two bills which would have undone the AG’s actions are stalled indefinitely in their houses of origin in the Alabama Legislature. With only two days left in the 2016 Regular Session, it is now virtually impossible for either of them to be considered during this session.
