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Strange Opposes Motion To Order Same-Sex Marriage Across Alabama

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

Monday, March 9, 2015, Alabama Attorney General Luther Strange (R) asked the Mobile federal court to reject a request by LGBT rights groups to, “Suddenly change a same-sex marriage lawsuit that already has been ruled upon, urging the Court not to allow the case to be certified as a class action that would force all of Alabama’s 68 probate judges to grant same-sex marriage licenses.”

Attorney General Strange called upon US District Judge Callie Granade to deny a motion filed by plaintiffs in the case of Strawser and Humphrey v. Strange. The Attorney General asked the Court to take no further action until the US Supreme Court rules on the issue of same-sex marriage in June.

AG Strange wrote, “When this court enjoined Attorney General Strange from enforcing Alabama’s marriage laws to the extent those laws prohibited ‘same-sex marriage,’ Attorney General Strange immediately moved for a stay…Among other grounds, Attorney General Strange argued that a fundamental redefinition of marriage in Alabama without the benefit of full appellate review would lead to chaos, confusion, and additional litigation that could be avoided if the Court’s orders were simply stayed a few months until the United States Supreme Court resolved the issue.”

AG Strange noted that this is exactly what has happened.

“Since then, the number and rate of developments has been dizzying as officials came to different conclusions about their legal obligations and as parties tried to intervene in the initial cases and bring other officials under the Court’s injunction,” Strange said.

The conservative Alabama Attorney General wrote, “The Court should not further undermine the relationship between the state and federal courts by granting Plaintiffs leave to drastically change the nature of this case at this late date. Granting the relief the Plaintiffs seek will only add to all the chaos and confusion in Alabama, and will only increase the tension between the state and federal courts.”

Stange concludes, “The only wise and judicious course of action is to deny the motion to amend and wait until June when the United States Supreme Court will resolve the constitutionality of same sex marriage in a way that will be binding on all federal judges and all state officials.”

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Under a 7 to 1 order from the Alabama Supreme Court homosexual marriages have been halted across the state, except in Mobile County where Judge Granade specifically ordered Judge Davis to grant the controversial licenses. Judge Davis has since halted issuing marriage licenses, while his court and legal counsel evaluate the Alabama Supreme Court opinion.

The Court wrote, “As it has done for approximately two centuries, Alabama law allows for “marriage” between only one man and one woman. Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.” No Probate Judges offices in the history of Alabama ever granted marriage licenses until Judge Granade ruled in January that Alabama’s definition of marriage was unconstitutional.

The Alabama Supreme Court intervened after conservative Alabama Policy Institute (API) along with the Alabama Citizens Action Program (ACAP) filed an emergency petition requesting that the Alabama Court issue an emergency clarification on the latter.  API wrote, “The ongoing confusion caused by the federal court’s action in January needed to be clarified in a formal opinion by the State’s highest court and the Alabama Policy Institute was well-suited to pursue such a remedy. This decision by the Alabama Supreme Court finally, in the words of Justice Scalia, gives the people of Alabama the respect that they deserve by preserving our law until the U.S. Supreme Court resolves the issue. The sanctity of marriage–an institute that has always been reserved for the states–is a cause worth fighting for, for as long as the States still have their rightful say in the matter.”

Gay Rights groups have asked Judge Granade to toss aside the Alabama State Supreme Court ruling under the legal concept that federal courts take precedence over state courts. A concept that Alabama Chief Justice Roy Moore (R) has repeatedly stated his disagreement with.

The Legal Director of Americans United, Ayesha N Khan wrote, “If Alabama officials thought we were going to sit back and allow them to deny same-sex couples their constitutional right to marry, they thought wrong. We are going to fight for these couples.”

The Executive Director of ACLU Alabama wrote, “Alabama needs to be on the right side of history. Marriage equality is coming to all 50 states. We will not give up the fight until marriage equality exists for all.”

The deputy legal director of the Southern Poverty Law Center, David Dinelli said. “Fair-minded people of Alabama don’t want obstruction. They want progress. Couples in all 67 counties of this state should have the freedom to marry. The United States Constitution protects all of us, including those in Alabama, no matter the opinion of the Alabama Supreme Court. Marriage equality has taken hold in Alabama. We promise you that we are not going back and we are not leaving anyone behind.”

NCLR Legal Director Shannon Minter agreed: “Alabama couples deserve the security and protection that marriage provides. We hope that the court will act quickly to provide certainty to couples throughout the state and establish once and for all that Alabama’s same-sex couples have the freedom to marry.”

The groups on Monday filed a motion asking Judge Granade to order the probate judges to comply and issue the same-sex marriage licenses even though there is no precedent for same-sex marriage in Alabama legal history…until Judge Granade’s January ruling.

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Feds resolve complaint over “discriminatory” Alabama emergency ventilator policy

Eddie Burkhalter

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The federal government on Wednesday said it had resolved an investigation into an Alabama’s policy regarding triage of pandemic patients and use of ventilators that a federal agency called “discriminatory” against those with intellectual disabilities and older people. 

The U.S. Office of Civil Rights in a statement Wednesday said the Alabama Department of Public Health (ADPH) had agreed to remove all mention of the 2010 document from state websites and that the department would comply with all civil rights laws. 

There were 2,472 confirmed COVID-19 cases across Alabama as of Wednesday afternoon, 67 reported deaths and 314 hospitalizations form the virus.

Of the 144 COVID-19 patients in Alabama intensive care units as of Tuesday, 93 were hooked to the life-saving ventilators, according to ADPH. Ventilators are in short supply in Alabama and in most other states as each is vying to stockpile the machines.

The federal agency was acting on a complaint filed on March 24 by the Alabama Disabilities Advocacy Program and The Arc of the United States that said ADPH’s emergency operations plan violated disabled persons’ federal disability rights laws. 

According to the state’s plan, last updated in 2010, under a “last resort” condition hospitals are ordered to not offer mechanical ventilator support for patients, including children, with “severe or profound mental retardation,” “moderate to severe dementia,” and “severe traumatic brain injury.” 

An ADPH spokesman on March 26 told APR that the 2010 document had already been replaced and that the new document covers a much broader scope of topics than just ventilators, and was developed by a much larger group of people. 

The new document, dated Feb. 28, 2020, does not contain the same language about restricting use of ventilators for the intellectually disabled or older patients, but it also doesn’t clarify how, exactly, ventilators are to be used during an emergency triage situation. 

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OCR notes the lack of clarity on that in the statement Wednesday. 

“OCR is aware that on February 28, 2020, Alabama released new Crisis Standards of Care (CSC) Guidelines. The 2010 Criteria, however, were still available on some state webpages, and it was not clear whether any of their potentially problematic provisions could still be applied under the new Guidelines,” the U.S. Office of Civil Rights said in a statement. 

But OCR said in the statement that Alabama has agreed to comply with civil rights laws and that the old provisions won’t be used in the future. 

“The state has agreed to remove all links to the 2010 Criteria from its websites and to comply with applicable civil rights law. It has further agreed to clarify publicly that the 2010 Criteria are not in effect; that it will not, in future CSC guidelines, include similar provisions singling out certain disabilities for unfavorable treatment or use categorical age cutoffs; and that it will also not interpret the current Guidelines in such a manner,” OCR said in the statement. 

OCR director Roger Severino in a statement Wednesday commended Alabama for “quickly disavowing problematic triage plans and coming into compliance with federal civil rights laws within days of being contacted by our office. 

“Alabama and other states are free to and encouraged to adopt clear triage policies, but they must do so within the guardrails of the law,” Severino said.

“We are pleased that the state of Alabama has rescinded this illegal policy and given notice to hospitals across the state that they may not rely on this policy and cannot discriminate against people with disabilities in accessing lifesaving care,”
said Shira Wakschlag, Legal Counsel for the Arc of the United States, in a statement Wednesday.

Rhonda Brownstein, legal director of the Alabama Disabilities Advocacy Program, in a statement said Wednesday’s actions are an important first step, and the organization “appreciates that Alabama acted quickly to withdraw its discriminatory policy.”

“We call on the Governor to work with ADAP and others in the disability community to develop transparent and clear guidance on how to implement these non- discrimination requirements in the event that rationing of ventilators becomes necessary,” Brownstein said.

“All people deserve compassion and equal respect, and with this in mind, the allocation of care cannot discriminate based on race, color, national origin, disability, age, sex, exercise of conscience or religion,” said Alabama state health officer Dr. SCott Harris said in OCR’s statement. “This includes the use of ventilators during medical emergencies in addressing the needs of at-risk populations in Alabama.”

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Jones asks for faster emergency loans to small businesses

Eddie Burkhalter

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U.S. Sen. Doug Jones, D-Ala., and a ranking Republican colleague led other lawmakers in a request that the Treasury Department and the Small Business Administration speed up loans to small businesses amid the COVID-19 pandemic. 

Jones and Sen. Ben Cardin, D-Md., and other legislators in a letter Wednesday to U.S. Treasury Secretary Steven Mnuchin and Small Business Administration Administrator Jovita Carranza asked that payroll processing companies be allowed to disburse CARES Act small business loans to speed up payments to those small businesses and to get workers paid quickly. 

“Payroll processors have the needed existing infrastructure that will enable businesses to quickly pay their workers and pending bills. Given they originate approximately 40 percent of all the payroll checks in the country and mostly cater to small businesses with 500 employees or less, involving these companies will ensure a deeper dissemination of funds nationwide to the businesses that need it most to keep their doors open,” the letter reads. 

 “It is critical that all tools be used to distribute federal funds effectively and expeditiously, including payroll processing companies used by many small businesses,” they continued. “Please consider permitting payroll processors to partner with small businesses and banks to help alleviate any potential complications for many small businesses during this tumultuous time, the letter continues. 

 Jones in a separate letter Tuesday to Mnuchin asked that the federal government expedite direct assistance payments to citizens amid the COVID-19 outbreak by allowing some to receive the money quicker through debit cards rather than paper checks. 

Senators Kyrsten Sinema, D-Ariz., Chris Van Hollen, D-Md., Mark Warner, D-Va. and Bob Menendez, D-N.J. also signed the Wednesday letter.

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More than half of Alabama COVID-19 deaths are among black people

Chip Brownlee

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More than half of the deaths so far in Alabama from COVID-19 have been among black people, according to the Alabama Department of Public Health. Black Alabamians make up only 27 percent of the state’s population.

New data released Wednesday shows that the number of deaths among black people infected with COVID-19 in Alabama is higher than initially reported Tuesday, worsening an already disproportionate death rate.

The Alabama Department of Public Health is releasing new demographic data daily, and the numbers could shift again, but the early data show the virus is disproportionately killing black Alabamians.

Black people account for 52 percent of 48 verified deaths in Alabama, up from 44 percent of the verified deaths reported Tuesday. White people, who account for about 69 percent of the state’s population, make up 37.5 percent of the state’s deaths so far. At least 60 deaths have been reported, but not all of them have been investigated by the ADPH’s epidemiology staff.

Public health experts, including Dr. Selwyn Vickers, the dean of the UAB School of Medicine, have said that a lack of access to health care, higher uninsured rates and more underlying chronic illnesses like cardiovascular disease are contributing to the higher number of deaths among black Alabamians.

Rep. Anthony Daniels, the minority leader in the Alabama House of Representatives and a member of Gov. Kay Ivey’s coronavirus task force, told APR Wednesday that the state cannot wait to issue an after-action report on the disparities. It must start collecting and reporting as much data as possible now — on testing, on hospitalizations, on deaths and on outcomes in general.

All Alabamians, not just black Alabamians, have higher rates of underlying disease and chronic illness, making the state particularly susceptible to severe health effects caused by the virus. Men of all races have also made up a disproportionate number of the early deaths in Alabama. At least 64 percent of those who have died so far have been men, though women have made up more of the early confirmed cases at about 56 percent. Men are also more likely to have cardiovascular disease and other chronic conditions that make people particularly vulnerable to COVID-19.

Alabama also has a higher rate of poverty, especially in black communities, which results in worse health outcomes. According to the U.S. Department of Health and Human Services, the death rate for black people is higher than that of whites for heart disease, stroke, cancer, asthma, influenza and pneumonia, diabetes and HIV/AIDS — not because of biology but because of socioeconomic inequalities.

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“There are underlying health conditions in poor communities period, whether you’re black or white,” Daniels said. “I don’t know that there is enough data out there to definitely say that underlying health conditions are the sole indicator.”

Black people in Alabama, and across the United States, suffer worse health outcomes in a variety of areas — not just from this virus. Black women in Alabama have much higher rates of maternal mortality than white women, and studies have shown that people of color have more limited access to health care and higher uninsured rates than white people.

“We’ve known that the maternal mortality rate is an example of where we are,” Daniels said of health care disparities for people of color. “We’ve got to look at this. Is this quality or standard or care? There are so many underlying things that we have to think about.”

Daniels also said he worries that the number of cases and deaths in vulnerable communities is being undercounted because these people, especially early on in the outbreak, may not have been able to get a test or get to a hospital.

He called on the state to provide emergency funding to the Department of Public Health to gather more data and expand the response to the virus.

“We’ve got to look at the data more broadly,” Daniels said. “We cannot wait on an after-action report to determine what we could have or should have done. Alabama has so many smart people.”

The cause does not seem to be a lack of seriousness among people of color. Black people, at 46 percent, and Latinos, at 39 percent, are nearly twice likely to view the coronavirus as a major threat to their health, compared to about 21 percent among white people, according to Pew Research.

Demographics as of April 7.

The disproportionate number of deaths could also be stemming in part from geography. The virus has ravaged areas of the country with larger black populations, in part because cities tend to have a higher number of black residents. The virus is affecting several cities in the state with large black populations. At least 480 cases and 13 deaths have been confirmed in Jefferson County, where the largest city, Birmingham, has a majority black population.

The area of Alabama with the least access to health care, the Black Belt region, is also the area of the state with the largest black population. Many of the counties in this region of the state have no hospital. Expanded testing in this region has identified growing rates of infection.

“You could also worry that they just don’t get access,” Vickers said Saturday. “They don’t get to the hospital as early, and so it’s probably multiple reasons.”

Black people are also being disproportionately infected with the virus, according to the Department of Public Health. Though black people make up about 27 percent of the state’s population, about 37 percent of those with a confirmed case of the virus are black; 49.4 percent are white. The race of about 10 percent of the cases is unknown.

The data in Alabama mirror data in other states like Louisiana and Illinois, where black people have made up a disproportionate number of deaths caused by COVID-19.

“These communities, structurally, they’re breeding grounds for the transmission of the disease,” Sharrelle Barber, an assistant research professor of epidemiology and biostatistics at Drexel University, told The New York Times. “It’s not biological. It’s really these existing structural inequalities that are going to shape the racial inequalities in this pandemic.”

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AlabamaWorks releases business survey to identify COVID-19 impact

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AlabamaWorks has announced a new tool for all businesses, large and small, related to the COVID-19 impact and future focus of the workforce in the state.

The Alabama COVID-19 Workforce Response Survey is designed to help the state fully understand the impact of this pandemic on the state’s workforce as well as provide a clear path forward for businesses, industry and state government.

“I am grateful to the Alabama Workforce Council for developing and deploying this much needed and user-friendly survey,” said Governor Kay Ivey. “As we work together to combat COVID-19’s impact, this tool will allow us to identify the needs of business and industry, resources that can help them and how we can best support Alabama’s businesses owners and hardworking Alabamians and their families.”

The official survey, which is critical for helping individual industry sectors recover from COVID-19, is available here: http://sm.aidt.edu/alabamaworks-survey.

“While these are challenging times, we fully understand that now, more than ever, business and industry leaders must continue to work together with Governor Ivey’s administration and various state agencies to move us all forward together,” noted Alabama Workforce Council Chairman Tim McCartney. “Rest assured there is an unwavering commitment to do everything we can to minimize the negative impact COVID-19 has on our businesses, our economy, the state and all of its citizens. Using the results from this survey, I know we can all make a difference in combating the challenges from this pandemic facing so many throughout Alabama.”

Responses to the survey will be accepted through Tuesday, April 21 at 5 p.m. All businesses are highly encouraged to participate as the responses will help to protect Alabama’s workforce, manage the impact of COVID-19 and guide the allocation of various resources.

Additionally, another tool was released earlier this week for hard-working Alabamians from Governor Ivey’s office to help connect people to resources and resources to people. ALtogetherAlabama.org is a one-stop-shop for all Alabamians meant to connect businesses, nonprofits, and people that need help with the available resources during this time.

For more information and resources on Alabama’s COVID-19 workforce recovery efforts please visit alabamaworks.com/coronavirus/.

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