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Boy Scouts: You Can Be Gay Until You Turn 18

Mother Jones

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Boy Scouts and their families deliver signatures protesting the ban. GLAAD

Today, on a muggy afternoon in Grapevine, Texas, members of the Boy Scouts of America‘s National Council voted 61-38 percent to stop discriminating against kids in the program on the basis of sexual orientation, overturning a national ban on gay Scouts that the organization has enforced for decades. The BSA will continue barring gay adults from serving as scoutmasters and volunteers, meaning that teenagers who come out during their time with the program could be booted after they turn 18. The decision is seen as a compromise between church groups that partner with the Scouts and those eager to see the program fully end its discrimination against gays.

“No youth may be denied membership in the Boy Scouts of America on the basis of sexual orientation or preference alone,” states the new resolution, acknowledging that “youth are still developing, learning about themselves and who they are, developing their sense of right and wrong, and understanding their duty to God to live a moral life.”

“It’s an incomplete step, but still a step in the right direction,” Zach Wahls, an Eagle Scout raised by two lesbian mothers, and founder of Scouts for Equality, tells Mother Jones. His organization, along with Scouts, parents, and volunteers who support overturning the ban, have been rallying in Texas for days, across from the Gaylord Texan Resort & Convention Center, where more than 1,400 BSA voting members from across the United States cast their votes this afternoon. Scouts in uniform faced off against about two dozen protesters supporting than ban—and “a couple local guys driving by in trucks, saying anti-gay stuff,” Wahls says.

Controversy over the ban picked up last fall, when major backers like the Intel Foundation and UPS stopped funding the program because of its discriminatory policy. In January, the BSA said it would vote on the issue. The following month, President Obama said he supported overturning the ban, and celebrities like Carly Rae Jespen and Dr. Phil followed suit. There have been over 1.8 million signatures submitted in favor of overturning the ban, according to Rich Ferraro, vice president of communications at GLAAD, a gay right group, in contrast to 19,000 signatures in favor of it, delivered by the Alliance Defending Freedom, a Christian organization.

The Boy Scouts, which was founded in 1910 with an oath promising that Scouts would be “morally straight,” have a long history of discriminating against gay members. In 1980, an Eagle Scout and aspiring Scout leader was kicked out for attending his prom with a male date. In June 2000, the US Supreme Court affirmed in a 5-4 decision that the Boy Scouts could continue barring gay Scout leaders. And as recently as April, 2012, an Ohio mom and den leader named Jennifer Tyrrell was forced out of the organization for being gay.

The new policy, which kicks in January 1, makes it so that member troops can no longer discriminate against gay youth. But anyone who is gay and over 18 years old still won’t be allowed to be a Scout leader or volunteer. (The Boy Scouts’ coed Venturing program, aimed at young adults, will allow gay members until they are 21.) This means that gay Scouts like 16-year-old Pascal Tessier can continue to participate in the program without fear of being kicked out, and will have the opportunity to earn the prestigious rank of Eagle Scout like his older brother has. But under the new policy, he would still be banned from the program when he turns 18.

When Mother Jones asked BSA whether or not it would eventually consider voting on the ban on gay adult members, a spokesperson said: “This is not about a step or progression…It is the option that did not, in some way, prevent kids who sincerely want to be a part of Scouting from experiencing this life-changing program and to remain true to the long-standing virtues of Scouting.”

Tyrrell, the mom ousted for being gay and still unwelcome under the new policy, said in a press release, “I’m so proud of how far we’ve come, but until there’s a place for everyone in Scouting, my work will continue.”

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Boy Scouts: You Can Be Gay Until You Turn 18

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Why the Producer of "The Hangover Part III" Has Spent So Much Time in Prison

Mother Jones

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The past few weeks have been particularly busy ones for Scott Budnick, the 36-year-old executive producer of the hilarious, cringe-inducing, and incredibly lucrative Hangover film franchise. In case you hadn’t noticed, this is opening weekend for The Hangover Part III, starring Bradley Cooper, Zach Galifianakis, and Ed Helms. It is almost certain to kick ass at the box office—so least so long as they didn’t let Mike Tyson sing again.

Yet even as Budnick prepared for his big premiere, the ink was still drying on the incorporation papers of his other major launch this month. Unlike the comedies he produces—Starsky & Hutch, Project X and Due Date are also among his babies—the Anti-Recidivism Coalition is serious business. It’s a nonprofit whose task is neither glamorous nor lucrative, and whose payoff will be measured not in ticket sales and licensing deals, but in bills passed, lives saved, futures salvaged, and families reunited.

ARC is just the latest of Budnick’s efforts to ensure a second chance for young California prisoners who have shown the will and the desire to make something of their lives. It’s partly a support network for high-achieving former prisoners—many of whom have Budnick to thank for the education they managed to get behind bars. But it’s also an advocacy group that uses the kids’ turnaround stories to convince jaded state legislators that rehabilitation is possible, if only they would enable it. His kids have already managed to restore $1.8 million in state cuts to prison college programs. In recent weeks, they have been rallying behind SB 260, a bill that guarantees a sentencing review after 10 years for prisoners who committed their crimes as minors. If they have taken serious steps toward rehabilitation, the judge could reconsider their sentence.

“I was very skeptical when I first met him,” recalls Julio Marcial, who oversees violence-prevention programs for the California Wellness Foundation, one of Budnick’s primary funders. That introduction took place at the Sylmar branch of LA County’s juvenile hall, circa 2003. Budnick was volunteering at the time (and still does) with InsideOUT Writers, a Hollywood nonprofit that brings journalists and creative types into juvie to help incarcerated kids find positive ways to express themselves. “I’ve seen Hollywood folks come and go. I’ve seen people do this to make themselves feel better,” Marcial says. “But when I asked the kids why this program was so important to them, they said Scott was the consistent adult in their lives. He became a father-like figure to them.”

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Why the Producer of "The Hangover Part III" Has Spent So Much Time in Prison

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Official at Heart of IRS Tea Party Scandal Spiked Audits of Big Dark-Money Donors

Mother Jones

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You’d have to search long and hard to find a member of Congress not outraged that politics and partisanship crept into the work of the IRS, leading to the wrongful targeting of tea partiers and other conservative groups seeking tax-exempt status. “The American people have a right to expect that the IRS will exercise its authority in a neutral, non-biased way,” Sen. Orrin Hatch (R-Utah) said on Tuesday. “Sadly, there appears to have been more than a hint of political bias” by the IRS staffers vetting nonprofit applications. Hatch’s Republican colleagues in the House and Senate could hardly contain their anger. “Do either of you feel any responsibility or remorse for treating the American people this way?” Sen. Chuck Grassley (R-Iowa) asked the former IRS chiefs Douglas Shulman and Steven Miller on Tuesday.

More MoJo coverage of the IRS tea party scandal


Actually, Tea Party Groups Gave the IRS Lots of Good Reasons to Be Interested


The IRS Tea Party Scandal, Explained


Is This Big Tea Party Group Really an Innocent Victim of the IRS?


How Congress Helped Create the IRS-Tea Party Mess


Official at Heart of IRS Tea Party Scandal Spiked Audits of Big Dark-Money Donors


5 Things You Need to Know in the Inspector General’s IRS Tea Party Scandal Report

Yet lawmakers have no qualms with using politics to bend the IRS to its will. In 2011, under pressure from House and Senate Republicans, Miller, then the IRS’ deputy commissioner, spiked audits investigating whether five big donors to 501(c)(4) groups—the type of nonprofit that can get involved in campaigns and elections but can’t make politics its “primary activity”—avoided paying taxes on their donations. Miller’s decision erased any worry that wealthy donors might have had about giving millions to nonprofits during the 2012 campaign season.

For some tax lawyers, it was a surprising move that raised red flags. “They were stopped mid-audit, which is an extraordinary move,” says Marcus Owens, a tax lawyer who ran the IRS division that oversees politically active nonprofits for 10 years. “I’ve been practicing tax law for close to 40 years, and I’ve never seen that. To have Miller reach out and stop those audits, that’s something that really deserves an inquiry.”

The identities of the donors and nonprofits being scrutinized were never revealed. Owens says he suspects most, if not all, of the five had contributed to Republican groups because GOP lawmakers were the ones raising a ruckus on Capitol Hill. Greg Colvin, a San Francisco-based attorney who represented one of the donors, declined to give any details about his client and the donation under review.

The tax matter at issue was whether these donors had sidestepped the gift tax. Created in 1924, the gift tax acts as a safeguard of sorts, backstopping both the estate tax and the income tax. Before its creation, people could donate all their money before they died to avoid the estate tax or give away their assets to relatives in lower income tax brackets. The gift tax does not apply to donations to traditional charities (the Red Cross), trade groups (the US Chamber of Commerce), or political nonprofits formed under the 527 section of the tax code (Swift Boat Veterans for Truth and America Coming Together). In the 1980s, the IRS said that the gift tax did cover contributions to 501(c)(4)s, yet for decades the agency never bothered donors about the gift tax on their donations to such nonprofits.

That changed in early 2011, when the IRS told five big donors to 501(c)(4) groups that they were being investigated for possibly dodging the gift tax. One of these letters read, “Donations to 501(c)(4) organizations are taxable gifts and your contribution in 2008 should have been reported on your 2008 Federal Gift Tax Return.” That was a potentially a big deal. The way the gift tax works, a donor who in 2008 gave more than $2 million to one or more nonprofits could owe hundreds of thousands of dollars to the taxman—a doozy of an unexpected tax bill. If the IRS vigorously applied the gift tax to these sort of donations, donors would be less likely to give (or would give less) to nonprofits, tax experts say.

In May 2011, news of the IRS’ big-donor probe went public. Republicans reacted furiously. On June 3, 2011, Rep. Dave Camp (R-Mich.), the chairman of the House ways and means committee, sent a letter to then-IRS commissioner Doug Shulman demanding the names and titles of IRS staffers involved in the gift tax probe, and the criteria used to pick which donors to scrutinize. “Every aspect of this tax investigation, from the timing to the sudden reversal of nearly thirty years of IRS practice, strongly suggests that the IRS is targeting constitutionally-protected political speech,” Camp said. (The IRS denied that the probe was influenced by politics in any way.)

The following month, Miller halted the agency’s donor audits. In a public memo, he wrote, “This is a difficult area with significant legal, administrative, and policy implications with respect to which we have little enforcement history.” The IRS would study the gift tax, Miller added, and if it launched future audits of donors, it would do so only after alerting the public.

If nonprofit donors had once worried about getting slapped with a big tax bill, Miller’s memo eased those fears—just in time for the 2012 campaign season, in which politically active nonprofits raised and spent hundreds of millions of dollars. Miller’s memo “gave donors a green light” to finance 501(c)(4)s, Colvin says. “Ever since then donors have been able to give to c-4 organizations who may or may not be active in politics.”

Miller, who lost his job in the latest IRS scandal, was not a political appointee, unlike Shulman, who was named to his post by President George W. Bush. (The staffers who launched the short-lived gift tax probes weren’t political appointees, either.) Yet Marcus Owens, the former IRS director, says Miller’s decision to stop the audits smacked of politics after receiving so much pressure from Congress. “The deputy commissioner’s office does not normally step in to stop audits,” he says. “It’s getting too close to politics at that point.”

Colvin says that Miller and the IRS did the right thing by stopping the donor audits, which had little precedent. “I thought that was a pretty good example of a situation that had the potential to be a scandal and it turned out to be much better managed than this latest thing,” Colvin says.

But all the tax experts tend to agree that the gift tax law, like the rules and guidelines for politically active nonprofits, badly needs fixing. The gift tax is so murky, Colvin says, that some of his clients proactively have paid millions in taxes to avoid the slim chance of an IRS audit. Yet other donors don’t sweat it and pay no gift taxes at all. Ellen Aprill, a Loyola Law School professor, says, “If you’re trying to reform 501(c)(4) groups, you should try to address the uncertainty about the gift tax too.”

As for Republicans in Congress, they seem to want it both ways: hammering IRS officials for letting partisanship influence their agency’s work, yet at the same time applying all the political pressure they can muster to get what they want.

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Official at Heart of IRS Tea Party Scandal Spiked Audits of Big Dark-Money Donors

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Mississippi Could Soon Jail Women for Stillbirths, Miscarriages

Mother Jones

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On March 14, 2009, 31 weeks into her pregnancy, Nina Buckhalter gave birth to a stillborn baby girl. She named the child Hayley Jade. Two months later, a grand jury in Lamar County, Mississippi, indicted Buckhalter for manslaughter, claiming that the then-29-year-old woman “did willfully, unlawfully, feloniously, kill Hayley Jade Buckhalter, a human being, by culpable negligence.”

The district attorney argued that methamphetamine detected in Buckhalter’s system caused Hayley Jade’s death. The state Supreme Court, which heard oral arguments on the case on April 2, is expected to rule soon on whether the prosecution can move forward.

If prosecutors prevail in this case, the state would be setting a “dangerous precedent” that “unintentional pregnancy loss can be treated as a form of homicide,” says Farah Diaz-Tello, a staff attorney with National Advocates for Pregnant Women, a nonprofit legal organization that has joined with Robert McDuff, a Mississippi civil rights lawyer, to defend Buckhalter. If Buckhalter’s case goes forward, NAPW fears it could spur a wave of similar prosecutions in Mississippi and other states.

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Mississippi Could Soon Jail Women for Stillbirths, Miscarriages

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I Built This AK-47. It’s Legal and Totally Untraceable.

Mother Jones

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The wooden and steel parts I need to build my untraceable AK-47 ï¬&#129;t within a slender, 15-by-12-inch cardboard box. I ï¬&#129;rst lay eyes on them one Saturday morning in the garage of an eggshell-white industrial complex near Los Angeles. Foldout tables ring the edges of the room, surrounding two orange shop presses. The walls, dusty and stained, are lined with shelves of tools. I’m with a dozen other guys, some sipping coffee, others making introductions over the buzz of an air compressor. Most of us are strangers, but we share a common bond: We are just eight hours away from having our very own AK-47—one the government will never know about.

The AK-47, perhaps the world’s best-known gun, is so easy to make and so hard to break that the Soviet-designed original has spawned countless variants, updated and modified versions churned out by factories all over the globe. Although US customs laws ban importing the weapons, parts kits—which include most original components of a Kalashnikov variant—are legal. So is reassembling them, as long as no more than 10 foreign-made components are used and they are mounted on a new receiver, the box-shaped central frame that holds the gun’s key mechanics. There are no fussy irritations like, say, passing a background check to buy a kit. And because we’re assembling the guns for our own “personal use,” whatever that may entail, we’re not required to stamp in serial numbers. These rifles are totally untraceable, and even under California’s stringent assault weapons ban, that’s perfectly within the law.

Among those ready to get going at this “build party” (none of whom wanted their names used) are a father-son duo getting in some bonding time and a well-bellied sixtysomething with a white Fu Manchu who “loves” the click-ack! sound of a round being chambered. Assembling a Romanian variant is a builder wearing a camo jacket and a hat embroidered with an AR-15 rifle above the legend “Come and take it.” His knuckle tattoos read “PRAY HARD.”

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I Built This AK-47. It’s Legal and Totally Untraceable.

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Why Julian Assange Hates "We Steal Secrets"

Mother Jones

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Julian Assange already hates this movie. That six-word review may be all that his diehard supporters need to know about We Steal Secrets, Alex Gibney’s exhaustive and exhausting new documentary on the rise and fall of WikiLeaks. Apparently without having seeing the film, which hits theaters tomorrow and will be available on demand on June 7, Assange has condemned it as a hatchet job, starting with its name. “An unethical and biased title in the context of pending criminal trials,” WikiLeaks tweeted in January when the movie screened at Sundance. “It is the prosecution’s claim and it is false.”

Assange’s preemptive attack one of the film’s main themes: What happens when an admirable cause is headed by a thin-skinned, combative prick?

Like many observers of WikiLeaks’ short, chaotic history, Gibney (Taxi to the Dark Side, Client 9: The Rise and Fall of Eliot Spitzer) starts out sympathetic before souring on Assange. At first, We Steal Secrets seems enthralled with its subject. When Assange quotes a favorite Midnight Oil song, Gibney obligingly blasts the tune—a haranguing one even by the band’s standards—over a title sequence that ricochets through cyberspace.

What follows is a complimentary look at Australia’s “most infamous hacker,” a peripatetic cryptographic whiz who recognized the promise and threat posed by a site that could publish anonymous leaks from around the globe. Robert Manne, a professor of politics at La Trobe University in Melbourne, gushes that Assange is “a humanitarian anarchist, a kind of John Lennon-like revolutionary, dreaming of better world.” Or as Assange declares with casual bravado, “I enjoy crushing bastards.”

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Why Julian Assange Hates "We Steal Secrets"

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How Far-Right Activists Like E.W. Jackson Took Over the Virginia GOP

Mother Jones

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After dropping the last two presidential elections and the last three US Senate races, Virginia Republicans had good reason for optimism heading into this fall’s elections: Terry McAuliffe, the former Democratic National Committee chair who bragged about nearly missing his child’s birth so he could party with a gossip columnist, is at the top of the Democratic ticket. Things should be looking up for the Virginia GOP. Instead, the party’s activists have resisted calls for moderation and swerved hard to the right quicker than you can say transvaginal ultrasound.

Ken Cuccinelli, the Republican party’s nominee for governor, once cited Martin Luther King Jr. as justification for his argument that sexual relations between two people of the same gender should be illegal. E.W. Jackson, the party’s nominee for lieutenant governor, believes that gays are “degenerate” and “spiritually darkened” and will eventually destroy America. Mark Obenshain, the party’s nominee for attorney general, recently attempted to require women to contact the police within 24 hours of a miscarriage.

The immediate cause is obvious. Virginia Republicans don’t select their executive ticket via primary. Instead, they chose their slate last Saturday at a one-day nominating convention packed with grassroots activists. Jackson, a Baptist preacher who finished in the low single digits in last year’s US Senate primary, was able to win on the first ballot by virtue of well-received speech typified by lines like, “I am not an African-American, I am an American!”

“Conventions are not representative of the party,” says Tom Davis, a former Republican congressman from Northern Virginia, referring to Jackson’s nomination. “When you get a convention, this is what you get.”

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How Far-Right Activists Like E.W. Jackson Took Over the Virginia GOP

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Conservatives Crawl Out Of The Woodwork To Claim IRS Persecution

Mother Jones

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Wayne Allyn Root is no fan of President Barack Obama. He’s a former Libertarian Party candidate for vice-president and a “birther” who has questioned whether the president was really born in America. (Root studied at Columbia University when Obama was there and has questioned whether Obama really attended the school.) Root has been audited by the IRS—twice. And in recent days, within the right-wing media, he has become something of a poster child for the IRS scandal, suggesting that the IRS targeted him because of his political activity.

On Fox News last week, he proclaimed, “I am the face of Obama’s IRS attacks.” In WorldNet Daily, he recently wrote, “As an outspoken critic of Obama, I’ve been under IRS attack since January of 2011. I am living proof of how bad it is, when it started and that it was directed at individuals, not just conservative groups.” Root has offered his services to Sen. Rand Paul (R-KY), should Paul need a congressional witness.

But the root of his troubles could be not his anti-Obama politics, but his own finances, for Root’s less-than-conventional tax returns might have indeed warranted a close look.

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Conservatives Crawl Out Of The Woodwork To Claim IRS Persecution

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Is This Big Tea Party Group Really an Innocent Victim of the IRS?

Mother Jones

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Tea Party Patriots co-founder Jenny Beth Martin has been all over the airwaves since the IRS story broke, talking about how her group was among those whose applications for nonprofit status were unfairly targeted for extra scrutiny. She has called the IRS’ actions a “disturbing, illegal, and outrageous abuse of government power.” She told Fox News that Tea Party Patriots wants the agency repay it for expenses it incurred as a result of the “intrusive” questions it asked, including requests for “every single post on Facebook” and “every comment that any person who’s a fan of ours on Facebook had ever made.” On Friday, lawyers for her group sent a letter to the IRS alerting the agency to coming lawsuits over its “illegal” conduct.

But while the IRS has admitted to unfairly targeting some conservative groups, Tea Party Patriots, a national umbrella organization for the grassroots movement, may not have been one of them. As I reported last week, although IRS officials engaged in misconduct, they also may have had good reason in some cases to scrutinize groups whose financial and tax histories raised questions, including Tea Party Patriots. The group engaged in a type of creative accounting that the IRS said it specifically planned to crack down on, and TPP drew criticism from some of its own constituents for a lack of financial transparency. Moreover, the IRS received a formal complaint about TPP—when I filed one in 2011 after the group refused to provide me with a financial disclosure required by law.

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Is This Big Tea Party Group Really an Innocent Victim of the IRS?

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WATCH: What Does 400 ppm Mean? Talking with Climate Scientist Michael Mann

Mother Jones

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Last week in Washington, DC, leading climate scientist Michael Mann of the University of Pennsylvania sat down with Climate Desk Live to talk about the significance of an planetary milestone—we’ve reached 400 parts per million of carbon dioxide in the atmosphere. As Mann explained, humans are altering the content of the atmosphere at an alarming rate—one perhaps never seen before in the history of Earth itself.

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WATCH: What Does 400 ppm Mean? Talking with Climate Scientist Michael Mann

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