Democratic Senator Touts Bill To Allow Patients Involuntarily Committed For Mental Illness To Purchase Guns

Sen. Mark Pryor (D-AR) hinted on Tuesday that he would oppose a Democratic initiative to expand background checks to all gun purchases, but reiterated his support for an NRA-backed measure that would permit individuals deemed mentally ill or incompetent to purchase firearms more freely. Pryor is part of small group of Democrats in red states who have not endorsed universal background checks, even though the measure is supported by a majority of residents.

“You know, I’m a Second Amendment guy, everybody knows that. People in our state are very strong believers in the Second Amendment and the right to gun ownership,” Pryor told “The Alice Stewart Show,” which airs on KHTE 96.5 The Voice. The conservative Democrat then highlighted his co-sponsorship of an NRA concocted proposal that would reduce the number of records in the existing background check system by removing prohibitions against individuals who were involuntarily committed to mental institutions.

Pryor emphasized removing records from the National Instant Criminal Background Check System, rather than broadening the requirement:

PRYOR: I do support improving the background check. I want to make sure that when we put data in the background check that we have the right kind of mental health data. We need integrity in that data to be in there and we also need a process where people can get their names out of there when the time is right. Either they got their name wrongly in the first place or they’ve gone through some issue or whatever and that’s behind them and they need to get their name out of the database. So I support a bipartisan bill on that, in fact I think it’s endorsed by the NRA, so I’m not like totally opposed to every single thing. I try to be reasonable on this.

Pryor, along with Sens. Lindsey Graham (R-SC), Mark Begich (R-AK), Dean Heller (R-NV), and Jeff Flake (R-AZ), has introduced the NICS Reporting Improvement Act (S. 480). The Act clarifies that mentally ill people are prevented from obtaining firearms but defines that term narrowly, so as to allow patients who had been treated for mental illness to pass a federal background check and purchase guns.

For instance, federal law prohibits people who are ordered by a court into involuntary treatment, found to pose a danger to themselves or others, or lack the mental capacity to enter into legal contracts from buying weapons — even though individuals can petition to have their rights restored in 22 states. The bipartisan NICS Reporting Improvement Act would allow these people to purchase weapons immediately after being released, unless it can be proven that they pose an “imminent” danger.

Since the shooting at Virginia Tech, the number of mental health records in NICS has grown from 200,000 to 1.2 million, though “millions of records identifying seriously mentally ill people and drug abusers as prohibited purchasers are missing from the federal background check database because of lax reporting by state agencies,” a report from Mayors Against Illegal Guns found. Pryor’s bill would keep even more mentally ill individuals out of the system.

“I doen’t listen to [New York City Mayor Michael Bloomberg] on these issues, I listen to Arkansas,” Pryor said. A recent poll found that 84 percent of Arkansans support expanding background checks to all firearm purchsases.

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Tennessee Attorney General Says Bill To Force Colleges To Allow Discrimination Is Unconstitutional

Later today, a Tennessee House subcommittee is scheduled to consider a bill that would take away university police departments unless those institutions permit religious student organizations to engage in anti-gay discrimination. The bill arises from a conflict between Vanderbilt University and anti-gay lawmakers led by state Rep. Mark Pody (R), who object to Vanderbilt’s policy which requires student organizations to accept “all comers” if they wish to be subsidized by the school.

Last week, however, Tennessee Attorney General Robert Cooper (D) threw cold water on Pody’s efforts with an official opinion explaining that the bill is unconstitutional, at least as-applied to private universities such as Vanderbilt. As Cooper’s opinion explains, private universities generally have a right to decide which student organizations they wish to be associated with, and that includes the right to take a stand against discrimination:

It is well established that the State may not condition continued receipt of a valuable state benefit (here, the exercise of the State’s police power to commission and maintain a police force) on a private institution’s compliance with an unconstitutional condition. . . .

As previously discussed SB1241 impacts a private university’s First Amendment right of free association and distinguishes between those universities that organize their student groups in conformity with SB1241 and those that do not. This classification thus impacts a fundamental right – a private university’s First Amendment right to free association – and would be reviewed under the strict scrutiny standard. The General Assembly has an interest in how the State delegates its police power to a private university. Even if that interest is compelling, the General Assembly cannot assert that interest through an unrelated requirement that a private university abandon its right of free association.

Cooper also concludes that Pody’s anti-gay law would be constitutional as-applied to public universities, because Tennessee is allowed to decide that it does want to associate itself and its universities with anti-gay discrimination. This conclusion, however, is likely not correct. Just as the federal government cannot discriminate against gay couples when it doles out marriage benefits — that’s why the Defense of Marriage Act is unconstitutional — a state government also cannot form official groups that engage in anti-gay discrimination. Thus, to the extent that a student group at a Tennessee university is an arm of the state itself, such as group is not permitted to engage in anti-gay discrimination.

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Georgia May Allow Mental Health Counselors To ‘Involuntarily Commit’ Patients

A Georgia Senate health committee has unanimously passed a bill “that would allow licensed professional counselors to involuntarily commit to an institution for 72 hours patients who appear to be mentally ill and a danger,” the Atlanta Journal Constitution reports.

While doctors and psychologists in Georgia already possess the authority to involuntarily commit mentally ill patients they deem to be a “danger,” licensed counselors do not share that power. The bill — SB 65 — looks to change that, with supporters arguing that the additional authorities will ease the burden on Georgia’s mental health institutions:

Giving licensed professional counselors the authority to involuntarily commit patients would fill a need and ease the strain on Georgia’s mental health system, promoters of SB 65 testified Tuesday. Georgia has roughly 4,800 licensed professional counselors.

“We need more investment in our mental health services,” Sen. Nan Orrock, D-Atlanta, told members of the Senate Health and Human Service Committee. “This is one piece of the puzzle.”

The bill is under discussion at a time when Georgia is struggling to provide more community-based mental health services, including mobile crisis teams, as part of a 2010 agreement with the U.S. Department of Justice that stemmed from an investigation into the abuse and death of patients in state mental hospitals.

The history of mental health institutionalization in America is fraught with controversy, but advocates for the mentally ill generally agree that community-based mental health services are medically preferable — and more humane — than institutionalized services. The fact that SB 65 was spurred by Georgia’s dearth of community-based practices suggests that the bill is simply treating a symptom of Georgia’s mental health woes, rather than addressing the issue’s root cause — namely, that the state does’t have nearly enough funding allocated for its mental health care system.

While the temporary institutionalization of mentally ill Americans who might be a danger to themselves or others is a relatively uncontroversial status quo, such laws may add to existing stigmas about mental health care and dissuade Americans with violent thoughts from seeking the care they need. For example, New York’s sweeping new gun safety law was met with reticence by mental health professionals for what some perceived to be draconian provisions requiring care providers to “report” potentially violent patients to a state board.

But Georgia’s law goes even further than that, adding institutionalization to the powers that a doctor has over patients. That’s pretty significant for the over half a million Georgians suffering from a severe mental disorder, as studies have shown that over a third of the mentally ill do not seek care due to social stigmas and the fear of being committed.

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Boy Scouts of America should allow gay members, says Obama

President Obama called Sunday for the Boy Scouts of America to open its ranks to those who are gay.

Asked in a pre-Super Bowl interview if he thought the group should end its ban on gay scout leaders and members, Obama responded with a direct: “Yes.”

“My attitude is that gays and lesbians should have access and opportunity the same way everybody else does, in every institution and walk of life,” Obama said.

Obama’s comments come as Boy Scouts leaders say they will discuss whether to change their long-standing ban during an upcoming meeting.

Obama made equal rights for gays and lesbians a central part of his second inaugural address last month, becoming the first president ever to discuss gay rights in an inaugural speech.

“Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law — for if we are truly created equal, then surely the love we commit to one another must be equal as well,” Obama said during his remarks after taking the ceremonial oath of office.

During his first term, Obama also became the first sitting president to back same-sex marriage and formally ended the military’s “Don’t Ask, Don’t Tell” policy.

The Boy Scouts decision to revisit the ban has attracted criticism from one prominent GOP leader, Texas Gov. Rick Perry, himself an Eagle Scout.

Perry on Saturday spoke out against lifting the ban. “I think most people see absolutely no reason to change the position and neither do I,” he said, according to a report in the Dallas Morning News.

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Church Of England To Allow Gay Bishops

Church Of England To Allow Gay Bishops | The Church of England has announced that it will allow gay clergy to be promoted to the rank of bishop, provided they maintain their celibacy. Jeffrey John divided the church when he was promoted in 2003 then forced to step down after protests. LGBT advocates point out that straight clergy do not have to prove their celibacy, whereas gay clergy cannot be trusted to honor the vow. Because the UK offers civil partnerships but not marriage for same-sex couples, this also raises the question of whether a bishop could have one of those partnerships, since they do not include the same assumptions of consummation as the Church’s definition of marriage.

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