Category Archives: Education / Youth

Sunday Sermon

Today, I will be delivering a talk–shared below– to Danville’s UU Congregation, addressing our legislature’s assault on trans children.

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Let me begin this talk by quoting from the introduction of a recent article in the New York Times:

When the Supreme Court declared a constitutional right to same-sex marriage nearly eight years ago, social conservatives were set adrift.\

The ruling stripped them of an issue they had used to galvanize rank-and-file supporters and big donors. And it left them searching for a cause that — like opposing gay marriage — would rally the base and raise the movement’s profile on the national stage.

“We knew we needed to find an issue that the candidates were comfortable talking about,” said Terry Schilling, the president of American Principles Project, a social conservative advocacy group. “And we threw everything at the wall.”

What stuck to that wall was the issue of transgender identity, particularly that of young people. As the article went on to detail, the effort to restrict transgender rights has supplanted same-sex marriage as an animating issue for social conservatives. It has reinvigorated a network of conservative groups, increased rightwing fund-raising and set the Right’s agenda in school boards and state legislatures, including Indiana’s.

Nothing like fear of a demonized “Other” to gin up the troops….

I was asked to address the legal issues triggered by the Indiana General Assembly’s efforts to keep trans children from receiving appropriate medical care. I will do that—but before I do, I think it is critically important to point out that what we are experiencing in the U.S. right now, not just in Indiana, isn’t just an attack on the autonomy of women and the existence of trans people; it’s a political calculation that is also part of a wholesale attack by MAGA partisans on the Bill of Rights and long-settled principles of American jurisprudence.

The purpose of the Bill of Rights was—in Justice Jackson’s immortal words—”to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and establish them as legal principles to be applied by the courts.” Or, less eloquently, as I used to tell my students, the Bill of Rights answers a deceptively simple question: who decides? Who decides what book you read, what God you worship (or if you do), what politics you endorse, who you choose to marry, whether you choose to procreate…who gets to dictate what philosophers call your telos—the ultimate aims and objectives that you have chosen and that shape your life?

From 1967 to last year, America’s Courts answered that question by upholding a doctrine called substantive due process—often called the individual’s right to privacy or personal autonomy. That doctrine recognizes the existence of an intimate “zone” that governments have no right to enter— a set of personal decisions that must be left up to the individuals involved.  That doctrine, first enunciated in Griswold v. Connecticut, recognized the libertarian principle embraced by the nation’s founders.

Those who crafted America’s constituent documents were significantly influenced by the philosophy of the Enlightenment, and its then-new approach to the proper role of the state. That approach rejected notions of monarchy and the “divine right” of kings (in other words, the overwhelming authority of the state) in favor of the principle that Individuals should be free to pursue their own ends–their own life goals–so long as they did not thereby harm the person or property of someone else, and so long as they were willing to accord an equal liberty to their fellow citizens.

When I was much younger, that principle, and the importance of limiting government to areas where collective action was appropriate—keeping the state out of the decisions that individuals and families have the right to make for themselves– was a Republican article of faith. It was basic conservative doctrine. Ironically, the MAGA folks who inaccurately call themselves conservative today insist that government has the right—indeed, the duty– to invade that zone of privacy in order to impose rules reflecting their own particular beliefs and prejudices.

That process requires the use of other inaccurate labels. We’re hearing a lot about “parental rights,” for example—but we sure aren’t hearing about the rights of parents who want to treat their children’s gender dysmorphia or who want their children to have access to a wide range of books, or to be taught accurate history. In MAGA world, parental rights extend only to parents who agree with them. (A more accurate label would be “parental privileges.”)

Indiana’s legislature has now gone home, but before they left, the culture warriors who dominate that legislature passed measures doing irreparable harm to trans children. That same gerrymandered legislature was first in the nation to pass an almost complete ban on abortion after Dobbs was handed down. It was the same legislature that ignored law enforcement warnings and passed “permit-less carry,” and the same legislature that has conducted a years-long effort to destroy public education in Indiana.

I think it’s really important to understand that denying medical care to defenseless trans children isn’t a “stand-alone” position. It’s part of an entire worldview that is anti-choice, pro-gun, anti-immigration, racist, anti-Semitic and homophobic, a worldview that is autocratic and profoundly anti-American. The good news is that it’s a worldview held by a distinct minority of Americans—and that minority has gotten substantially smaller since the recent judicial and legislative assaults on women and LGBTQ+ people. The bad news, of course, is that—thanks to gerrymandering– that minority controls far too many legislative bodies, very much including Indiana’s.)

What is my evidence for the assertion that these are minority positions?

According to a Pew Research Center poll conducted in 2021, before Dobbs, 59% of Americans believed that abortion should be legal in all or most cases, while 39% believed it should be illegal in all or most cases. In a Gallup poll earlier this year—after Dobbs— 35% of Americans said abortion should be legal under anycircumstances, and another 50% said the procedure should be mostly legal, but with some restrictions. Only 13% responded that it should always be illegal. (What’s that old saying? You don’t know what you have until you lose it…)

It isn’t just abortion.

In a 2021 Gallup poll, 56% of Americans said they believe gun laws should be stricter, while 43% said they should remain as they are or be less strict.

In a Pew poll from 2021, 60% of Americans said that immigrants strengthen the country, while 37% said that they burden the country.

In another poll that year, 70% of Americans supported same-sex marriage while only 28% said it should be illegal. That level of support explains why the GOP has shifted its main focus from same-sex marriage to transgender people; the public is less familiar with transgender people, so they can more easily be demonized.

With that background, let me turn to the legal issues. On April 5th, Indiana’s ACLU– joined by the national organization– filed a 47-page complaint challenging the discriminatory and cruel anti-trans measure signed by Governor Holcomb. Let me just read the opening paragraph of that Complaint:

Over the sustained objection and concern of medical professionals, Indiana passed Indiana Senate Enrolled Act 480, effective July 1, 2023, which prohibits transgender minors from receiving what the law labels as “gender transition procedures.” These prohibited interventions are evidence-based and medically necessary medical care essential to the health and well-being of transgender minors who are suffering from gender dysphoria, a serious condition that can lead to depression, anxiety and other serious health consequences when untreated. By denying this medically necessary treatment to minors, the State of Indiana has displaced the judgment of parents, doctors, and adolescents with that of the government. In so doing, the State has intruded on the fundamental rights of parents to care for their minor children by consenting to their receipt of doctor-recommended and necessary care and treatment. This violates due process. Additionally, by singling out for prohibition the care related to “gender transition,” the law creates a facial classification based on sex and transgender status, violating the equal protection rights of transgender adolescents. It also violates their bodily integrity and is fundamentally irrational, which violates due process. And, to the extent that it prohibits the provision of essential services that would otherwise be authorized and reimbursed by Medicaid, the law violates the federal requirements of the Medicaid Act and the Affordable Care Act. It also intrudes on the First Amendment rights of doctors and other practitioners.
Speaking of intrusions on Constitutional rights, the ACLU has also filed two cases challenging Indiana’s abortion ban. The first case argues that the ban violates Indiana’s constitution. In my view, the second case is the really important challenge—it’s based upon religious liberty. Your Unitarian Church—along with several other Christian denominations, the Jewish community, and an assortment of other minority religions– has an extremely important interest in both its argument and outcome.

I’m one of many people who are convinced that abortion bans are prompted by a desire to return women to a subservient status– but those bans are publicly justified by equating a fertilized egg with a human person. As doctors will confirm, that is a religious precept, not a medical one. It’s a belief held by some Christian sects, but it is at odds with doctrinal beliefs held by other Christian denominations and by adherents of other religions. In Judaism, the health of the pregnant woman takes priority over that of the fetus throughout pregnancy, and the fetus does not have equal moral status with the mother until the head emerges from the womb.

If the Indiana Supreme Court upholds the ban, it would be favoring one part of one religion over others—a violation of the First Amendment, and ironically, a violation of Indiana’s version of the Religious Freedom Restoration Act., or RFRA. As you will all recall, that act was passed in order to justify discrimination against LGBTQ+ citizens. (What’s that saying about karma??) I’m relatively optimistic about Indiana’s Supreme Court, since none of its justices appear to be clones of Clarence Thomas or Samuel Alito.

So here we are.

MAGA Republicans are waging culture war against a fundamental premise of American governance—what Justice Brandeis once called “the right to be left alone”—a premise that animates the Bill of Rights and for the past 56 years has been protected by the explicit doctrine of substantive due process—the premise that there are decisions government doesn’t get to make.

I may disagree with your choice of religion or politics or life partner, but my disapproval is irrelevant. Even if a majority of Americans disagree with your choices, in our system, they are yours to make. Absent harm to others, government must “butt out.”

The Indiana legislature’s assaults aren’t just against women or trans people—these assaults should be seen for what they are: an effort to overturn a fundamental principle of American government.  And if that effort is successful, it won’t just be trans children who suffer. None of us will have rights that government will be obliged to respect.

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Indiana’s Senate Should Hang Tight..

Indiana’s legislature will end its current session this Saturday. (Your sigh of relief is appropriate.) Thus far–at least to the best of my knowledge–the House and Senate continue to disagree over whether to expand Indiana’s already far-too-generous school voucher program. The House wants to expand it; the Senate–mercifully–does not.

Vouchers were initially touted as a way to allow poor children to escape those “failing” public schools in order to improve educational outcomes. Enthusiasm for them waned as study after study rebutted virtually every argument for “school choice,” but lately–as the Right has trumpeted “parental rights” and attacked public schools as “woke”– proponents are once again having successes; South Carolina, for example, is expanding vouchers, and that state’s lawmakers are using the same dishonest rhetoric that Hoosier legislators employ.

SC senators that supported the bill for school choice vouchers spoke repeatedly about how they were motivated to help poor kids who were trapped in failing public schools and couldn’t afford other options. But on the last day of debate an amendment was filed to double the income threshold to help families making more than $100,000.

Just in case a member of Indiana’s Senate super-majority reads this blog and is on the fence about House efforts to sway the Senate, let me share a recent Time Magazine article by a professor of education policy at Michigan State, summarizing the multiple ways vouchers hurt students.The article begins by acknowledging the recent uptick in voucher programs, and notes that several states, including Indiana, have had such programs for several years. He then sets out what is known about the success or failure of these programs, asking “Do they work?” (The honest answer would be that these programs do achieve their actual goals: to funnel tax dollars to religious institutions, weaken or destroy teachers’ unions, and make war on the public schools.)

Of course, the purported goal of such programs is educational improvement. So what does the research have to say about that goal? The author of the article has studied school choice for nearly two decades, and–as he says–he’s in a good position to give an answer.

“Based on data from existing voucher programs, the answer is almost unambiguously negative.”

Let’s start with who benefits. First and foremost, the answer is: existing private school students. Small, pilot voucher programs with income limits have been around since the early 1990s, but over the last decade they have expanded to larger statewide initiatives with few if any income-eligibility requirements….In Arizona, more than 75% of initial voucher applicants had never been in public school—either because they were new kindergartners or already in private school before getting a voucher. That’s a problem because many voucher advocates market these plans as ways to improve educational opportunities for public school children.

For children who do transfer from a public school, the academic results are, in his words, “catastrophic.” 

 Although small, pilot-phase programs showed some promise two decades ago, new evaluations of vouchers in Washington, D.C., Indiana, Louisiana, and Ohio show some of the largest test score drops ever seen in the research record—between -0.15 and -0.50 standard deviations of learning loss. That’s on par with what the COVID-19 pandemic did to test scores, and larger than Hurricane Katrina’s impacts on academics in New Orleans.

It turns out that elite private schools with strong academics “often decline to participate in voucher plans. Instead the typical voucher school is a financially distressed, sub-prime private provider often jumping at the chance for a tax bailout to stay open a few extra years.”

In Wisconsin, 41% of voucher schools have closed since the program’s inception in 1990. And that includes the large number of pop-up schools opening just to cash in on the new voucher pay-out. For those pop-up schools, average survival time is just 4 years before their doors close for good.

The author cites data showing that 20% of students leave voucher programs each year, either because they are disappointed, or because the schools (which-unlike public schools–can choose their students) push them out.

That is what research on school vouchers tells us. Vouchers are largely tax subsidies for existing private school families, and a tax bailout for struggling private schools. They have harmful test score impacts that persist for years, and they’re a revolving door of school enrollment. They’re public funds that support a financially desperate group of private schools, including some with active discriminatory admissions in place.

I applaud the Indiana Senate’s uncommon case of good sense. The last thing Indiana needs is expansion of a failed program that enriches fundamentalist religious schools while weakening Indiana’s struggling  public education system.

Fingers crossed that the Senate’s unusual manifestation of good sense makes it to Saturday…

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What If…

What if the rational majority of Americans decided to reject the nation’s culture warriors and their grievances? What if they went to the polls and rejected the candidates who were appealing to their fears and biases?

What if the gratifying results of the country’s school board races that took place earlier this month in several states were “leading indicators” of that rejection?

The above link will take you to a Politico article headlined, “Why GOP Culture Warriors Lost Big in School Board Races this Month,” and it began with the following paragraphs:

Amid all the attention on this month’s elections in Wisconsin and Illinois, one outcome with major implications for 2024 flew under the national radar: School board candidates who ran culture-war campaigns flamed out.

Democrats and teachers’ unions boasted candidates they backed in Midwestern suburbs trounced their opponents in the once-sleepy races. The winning record, they said, was particularly noticeable in elections where conservative candidates emphasized agendas packed with race, gender identity and parental involvement in classrooms.

The article went on to suggest that the results ought to serve as a warning to the Republican presidential hopefuls who are emphasizing those culture-war themes.(Trump, DeSantis et al are unlikely to heed that warning. Culture war is all they have.)

Appeals to racial and religious grievance might play well in Republican primary elections, but a variety of indicators–including this one–raise the likelihood that General election voters will be less interested in crusades against critical race theory, transgender students and Black Lives Matter activists than they are in a working government, just as the recent school board elections brought out voters more interested in funding schools and ensuring that students are safe than empowering aggrieved parents to censor what goes on in the classroom.

“Where culture war issues were being waged by some school board candidates, those issues fell flat with voters,” said Kim Anderson, executive director of the National Education Association labor union. “The takeaway for us is that parents and community members and voters want candidates who are focused on strengthening our public schools, not abandoning them.”

A recent column by Harold Meyerson in the American Prospect considered a radical idea: What If we fixed the public schools rather than destroying them?

Watching the news, you might think that teachers are the most disrespected workers in America. Reading state budgets, you might think they’re the most underpaid.

That first assertion is true only if you limit your intake to the anti-teacher jihads that the right is currently waging. As poll after poll makes clear, however, the great majority of Americans actually think well of their teachers—and perhaps even more important, support their freedom to teach. If anything, the polling here is even more lopsided. As one recent CBS News/YouGov poll showed, when asked if books used in public schools should “ever be banned for criticizing U.S. history,” fully 83 percent of the public answered “no.”

Meyerson’s column began by listing numerous, thorny problems currently confronting American public education, and noted that those challenges had been addressed in a recent, major address by Randi Weingarten, the current President of the American Federation of Teachers.

The right’s current attacks on public education, she began, have to be viewed as an effort to destroy it. Florida Gov. Ron DeSantis’s universal voucher program, which he signed into law on Monday, will reduce support for his state’s public schools by $4 billion—this in a state, she noted, that already ranks 44th in per-pupil spending and 48th in average teacher pay.

After listing a number of the AFT’s current programmatic efforts, Weingarten concluded her speech by saying that “Teachers should have the freedom to teach, and students should have the freedom to learn. A great nation does not fear people being educated.”

To which I would add: a great nation doesn’t fear an electoral system that facilitates, rather than impedes, citizens’ efforts to vote. A great nation accedes to the will of its electorate, and declares the winner of each election to be the candidate who garners the most votes. A great nation doesn’t fail to act decisively when faced with evidence of judicial corruption.

What if, in addition to fixing our public schools, America’s rational majority voted to fix the nation’s democratic institutions?

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Oh, Indiana…

I recently read that Indiana’s legislative overlords are taking time out from their attacks on women and trans children, and deigning to address an actual issue–the health of Hoosier citizens.

I haven’t been following those health measures, and to be honest, I lack the background to properly evaluate them in any case, so I thought I’d pose a question to my new research assistant, otherwise known as ChatGPT.

Here’s what I asked:

Please locate Indiana’s relative performance in health related areas, especially drug and alcohol abuse rates, infant mortality, smoking statistics, suicides, life expectancy, and other wellness markers like mental health.

Here’s what I got:

 Sure, here is some information on Indiana’s relative performance in health-related areas:

Drug and alcohol abuse rates: According to data from the National Survey on Drug Use and Health (NSDUH), Indiana has higher than average rates of substance abuse, particularly with regard to prescription pain relievers and synthetic opioids. In 2019, Indiana had the 9th highest rate of drug overdose deaths in the United States, with a rate of 27.5 deaths per 100,000 population.

Infant mortality: Indiana has one of the highest rates of infant mortality in the country, with a rate of 6.8 deaths per 1,000 live births in 2019. This is higher than the national average of 5.6 deaths per 1,000 live births.

Smoking statistics: Indiana has one of the highest rates of smoking in the United States, with an adult smoking rate of 21.1% in 2019. This is higher than the national average of 14.0%.

Suicides: Indiana has an above-average rate of suicide, with a rate of 16.9 deaths per 100,000 population in 2019. This is higher than the national average of 13.9 deaths per 100,000 population.

Life expectancy: Indiana’s life expectancy is slightly lower than the national average, at 76.7 years in 2019 compared to the national average of 77.3 years.

Mental health: Indiana has lower than average rates of mental health care access and high rates of mental illness. According to Mental Health America’s 2021 report, Indiana ranks 45th out of all states and the District of Columbia in terms of overall access to mental health care. Additionally, Indiana has the 5th highest rate of adult mental illness in the United States.

It’s worth noting that these rankings and statistics are subject to change over time and may vary depending on the specific sources and data used.

You might think that–given the sad state of Hoosiers’ health–healthcare might take priority over efforts to stymie DEI investing and destroy the state’s public schools–but of course, this is Indiana….Even a superficial look at General Assembly priorities is enough to demonstrate lawmakers’ utter disregard for public health.

In the wake of Dobbs, Indiana lawmakers couldn’t wait to ban abortion–despite overwhelming evidence that reproductive care–including abortion–is an essential element of women’s healthcare.

Then, of course, there’s the legislature’s ongoing love affair with guns, despite polling showing that a majority of Hoosiers (including a majority of NRA members) support additional regulation.

Perhaps the most direct evidence of our legislature’s lack of concern for the health of their constituents was this session’s mean-spirited denial of appropriate health care to trans children. I went back to ChatGPT for an explanation of the health consequences involved.

Denying appropriate medical care to transgender young people can have serious medical and emotional consequences. Here are some of the potential outcomes:

Delayed or absent puberty: Transgender young people who are denied appropriate medical care may not undergo puberty at the same time as their peers, or may not undergo puberty at all. This can lead to social isolation, low self-esteem, and feelings of dysphoria.

Increased risk of mental health problems: Transgender young people who are denied appropriate medical care may experience depression, anxiety, and other mental health problems as a result of the distress caused by their physical dysphoria.

Increased risk of suicide: Studies have shown that transgender young people who are denied appropriate medical care have a higher risk of suicidal ideation and suicide attempts.

Increased risk of physical health problems: Transgender young people who are denied appropriate medical care may be at increased risk of physical health problems related to their gender dysphoria, such as urinary tract infections or other complications from avoiding the use of restrooms that do not match their gender identity.

Reduced life expectancy: Transgender people who are denied appropriate medical care may have reduced life expectancy due to the physical and mental health problems they experience as a result of their gender dysphoria.

Overall, denying appropriate medical care to transgender young people can have serious and potentially life-threatening consequences. It is important for healthcare providers and society as a whole to recognize and respect the healthcare needs of transgender youth, and to provide them with the necessary medical care and support to live healthy and fulfilling lives.

Our legislative culture warriors don’t care.

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