The Equality Act

Those of us who follow such things remember that Joe Biden endorsed same-sex marriage before Barack Obama did. (It is highly likely that Obama held that pro-equality position well before he was ready to publicly announce it, but his public position was undoubtedly  accelerated by Biden’s pronouncement.)

Now, Biden is reassuring the LGBTQ community that he will move swiftly to protect gay equality.

As president-elect, Biden is making sweeping promises to LGBTQ activists, proposing to carry out virtually every major proposal on their wish lists. Among them: Lifting the Trump administration’s near-total ban on military service for transgender people, barring federal contractors from anti-LGBTQ job discrimination, and creating high-level LGBTQ-rights positions at the State Department, the National Security Council and other federal agencies.

It’s impossible to disagree with Biden’s observation that Trump and Vice President Mike Pence “have given hate against LGBTQ+ individuals safe harbor and rolled back critical protections.” (Let’s be candid: the Trump/Pence administration has encouraged hatred against all people who are “other”–defined as not white Christian straight male.)

There is, of course, a limit to what can be done through executive action, and Biden has said that his top legislative priority for LGBTQ issues is the Equality Act.

The Equality Act was passed by the House of Representatives last year, but–surprise! not— stalled in the Senate. It would nationalize the comprehensive anti-bias protections already in place in 21, mostly Democratic-governed states, protecting against anti-LGBTQ discrimination in housing, public accommodations and public services.

According to the AP report at the link,

Biden says he wants the act to become law within 100 days of taking office, but its future remains uncertain. Assuming the bill passes again in the House, it would need support from several Republicans in the Senate, even if the Democrats gain control by winning two runoff races in Georgia. For now, Susan Collins of Maine is the only GOP co-sponsor in the Senate.

The Equality Act is opposed by the usual suspects, who are screaming that equal rights for gay people are “special rights” and an intrusion on their “religious liberty.”

These defenders of discrimination based upon the religious beliefs of some–certainly not all–denominations remind me of a long-ago committee hearing I attended in the Indiana legislature. That body was “considering” (note quotes) a bill that that would extend some measure of civil rights to gay Hoosiers. If my memory is correct, that bill was offered every session for several years by then-State Senator Louis Mahern, and just as routinely defeated. (Louie is a friend of ours, and once shared  a letter he’d received from a Hoosier “Christian” pastor, informing him that as a result of that advocacy, the pastor’s congregation was praying for Mahern’s painful death…)

In the hearing I attended, another Indianapolis pastor, now deceased–Greg Dixon, of the Indianapolis Baptist Temple–testified. He informed the committee that his bible commanded him to stone gay people (“sodomites”), and that any effort to prevent him from following that biblical command was an unconstitutional invasion of his religious liberty.

So there!

Every time the government proposes to eliminate discrimination against marginalized populations, we hear the same refrain from religious fundamentalists. The 1964 Civil Rights bill was opposed by people who claimed that God wanted black and white people separated and women subordinated.

The benefit of separating personal and civic behaviors–giving government and religion separate jurisdictions–is that we can allow these unpleasant people to discriminate in their personal lives, but forbid their efforts to make their hatreds the law of the land.

There should be no religious privilege to behave in ways that we collectively deem destructive to our social health.

As I like to say, if you don’t like gay people–or Black people or Muslims or Jews–then you don’t have to invite them to dinner. Thanks to separation of Church and State, however, you can’t tell landlords they need not rent to them or restaurant owners that they need not serve them.

America has just voted overwhelmingly to elect a mensch. Let’s hope he can get the Equality Act passed.

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The Age of Grievance

There are a number of ways to escape “the news of the day.” Suicide, of course; substance abuse (mostly booze), studied ignorance…I can’t be the only person who needs some respite from the daily reports of Trump damage, environmental despoliation, insane conspiracy theories and the like.

Recently, I’ve been escaping into fiction. Mostly science fiction and mysteries–guilty pleasures that are finally available to an almost-retired person. I’ve particularly enjoyed a series written by a Canadian writer, Louise Penny, who follows an Inspector Gamache through sixteen books. I was reading book number 8, when I came across an observation that explained not just crime, but political behavior. The Inspector was explaining motivation–and attributing much of it to fear.

Especially, he said, fear of loss.

Could there be a more apt description of the political insanity we inhabit? During the past four or five years, the word “grievance” has become an indelible part of our political discourse. It applies almost always to people who believe they are at the cusp of loss–loss of the world in which their particular identity dominates others. As I have often noted, research has established that “racial grievance” is the most reliable marker of Trump support.

Other research has found that certain Christians exhibit an almost hysterical fear that their “religious liberty”–defined by them as their right to prescribe the behavior of others– is slipping away. Linda Greenhouse, one of the most thoughtful observers of the Supreme Court, focused on that fear in a recent New York Times column. She wondered whether Amy Coney Barrett would join the “grievance conservatives.”

Greenhouse began by discussing the recent 5/4 decision exempting religious gatherings from COVID restrictions, and noting that it was likely to be moot, since the restrictions had already been modified.

The real significance of the decision lay in the which-side-are-you-on test it posed for the newest justice. I don’t mean the conservative side versus the liberal side. Obviously, she’s a conservative. What matters is that a month into her tenure, she chose to align herself with what I call grievance conservatism: conservatism with a chip on its shoulder, fueled by a belief that even when it’s winning, it’s losing, and losing unfairly.

The embodiment of grievance conservatism is Justice Alito, who in a speech last month to his fellow members of the Federalist Society said that “it pains me to say this, but in certain quarters, religious liberty is fast becoming a disfavored right.”

Greenhouse pointed out how ironic this was:

Justice Alito is a member of a Supreme Court majority that during his nearly 15-year tenure has been more deferential to the demands of religious believers than any Supreme Court in modern history. Just this past summer, the court ruled that a state that offers a subsidy for private-school tuition must include parochial schools in the program; that religious organizations may exclude a substantial category of employees from the protections of federal civil rights laws under a “ministerial exception” that goes well beyond members of the ministry; and that employers with religious or even vague “moral” objections to contraception can opt out of the federal requirement to include birth control in their employee health plans.

As Greenhouse also reported, Alito and Thomas wrote “sympathetically in early October about Kim Davis, the Kentucky county clerk who refused for religious reasons to issue marriage licenses to same- sex couples.”

Since the two justices were neither voting to grant the appeal nor dissenting from its denial, their opinion was entirely gratuitous. They simply used the case as a platform to reiterate warnings about the threat to religion from official recognition of same-sex marriage.

Greenhouse is absolutely correct when she observes that what religious adherents want is not equal treatment. Equality is no longer sufficient. “Special treatment is the demand.”

There is also irony to this (quite correct) “special treatment” characterization. Back in the early days of the gay civil rights movement,  religious figures hysterically objected to any grant of civic equality to members of the LGBTQ community, asserting that laws against discrimination weren’t equal rights, but “special” rights.

What these frantic warriors for “religious liberty” really fear is loss of their unearned privilege. And as Inspector Gamache understood, fear of loss can make people do criminal things.

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A Depressing Analysis

Despite overwhelming relief at the victory of the Biden/Harris ticket, those of us horrified by Donald Trump and his enablers are still coming to terms with the fact that some 70 million people voted for four more years of the disaster we’ve just experienced.

Unlike those Republicans who continue to insist that up is down and Trump was somehow cheated out of a win, we live in the real world. We recognize that those 70 million votes were cast. The question is: why?  Trump’s hardcore base is demonstrably racist, but surely, America isn’t home to seventy million racists willing to dispense with functional governance so long as dark-skinned people and “foreign elements” are kept in their place.

Will Wilkinson considered that question in a recent column in the New York Times. He identified three factors that made the election difficult for the Democrats: partisan polarization, obscured by the inaccurate polling; the strength of what he labeled the “juiced” pre-Covid-19 economy; and the success of Mr. Trump’s denialist, open-everything-up nonresponse to the pandemic.

How could a president responsible for one of the gravest failures of governance in American history nevertheless maintain such rock-solid support? Democracy’s throw-the-bums-out feedback mechanism gets gummed up when the electorate disagrees about the identity of the bums, what did and didn’t occur on their watch and who deserves what share of the credit or blame.

When party affiliation becomes a central source of meaning and self-definition, reality itself becomes contested and verifiable facts turn into hot-button controversies. Elections can’t render an authoritative verdict on the performance of incumbents when partisans in a closely divided electorate tell wildly inconsistent stories about one another and the world they share.

Wilkinson looked at Trump’s war of words against governors and mayors — especially Democratic ones — who refused to risk their citizens’ lives by allowing economic and social activity to resume, and to Republican messaging that defined the contrast between the parties’ approaches to the pandemic as a battle between individual freedom and over-reaching government.

The Republican message couldn’t have been clearer: Workers should be able to show up, clock in, earn a normal paycheck, pay the rent and feed their kids. Democrats were telling the same workers that we need to listen to science, reopening is premature, and the economy can’t be fully restored until we beat the virus. Correct! But how does that help when rent was due last week?

Make no mistake, it was unforgivably cruel of Republicans to force blue-collar and service workers to risk death for grocery money. Yet their disinformation campaign persuaded many millions of Americans that the risk was minimal and that Democrats were keeping their workplaces and schools closed, their customers and kids at home, and their wallets empty and cupboards bare for bogus reasons.

Democrats fell into the trap Republicans set with their dogged refusal to do anything about the uncontained pandemic. Wilkinson concluded that the “spell of polarization” turns every issue into a clash of political identities. As a result, “real” Republicans largely dismissed the pandemic as a hoax, a dismissal that conveniently excused the President’s manifest failure to deal with it.

This rings true to me–so far as it goes. But political polarization alone does not and cannot explain why millions of Americans chose to occupy an alternate reality and to dismiss evidence that was staring them in the face.

Constructing a world where the deaths of one’s neighbors are attributed to something–anything– other than COVID, a world in which a President’s too-obvious-to-ignore lack of competence is a sign that he’s being hobbled by the “deep state,”a world  in which that President’s lack of humanity is explained away as “telling it like it is,” a world where science is “elitist” and warnings from doctors are politically-motivated efforts to diminish the President–such a  world requires a media infrastructure.

There are multitudes of alternate reality purveyors:  websites and cable channels and talk radio hosts willing to confirm the accuracy of your preferred “facts” and the superiority of your chosen tribe.  Trump will go, but that media infrastructure will stay.

I think I need a drink.

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About That Reading List…

After I described my course on Individual Rights and the Common Good in a previous blog, several readers asked if I would post the reading list.

Because I’m at home with limited access to both my office and memory, I don’t have the complete list, but here are those I do have: Thomas Smith, Aristotle on the Conditions for and Limits of the Common Good, from Volume 93 of the American Political Science Review; John Locke’s Second Treatise of Civil Government (Chapters 9 and 10); DeTocqueville’s Democracy in America (Book 2, Chapters 27, 28 and 29) and an essay “DeTocqueville on Individualism” from a website titled The Laughing Agave; John Stuart Mill’s On Liberty (Chapter One); John Rawls’ A Theory of Justice (not the book, but an excerpt published by the journal Philosophy and Public Affairs in the summer of 1985; The Procedural Republic and the Unencumbered Self, by Michael Sandel, from the journal Political Theory in 1984; Liberalism, Community and Tradition by Joel Feinberg, from Volume 3, #3 of Tikkun; Church, State and Women’s Human Rights, by Martha Nussbaum, from Criterion: A Publication of the Divinity School of the University of Chicago; cases considering the rights of LGBTQ persons against claims of religious liberty: Bowers v. Hardwick, Romer v. Evans, Lawrence v. Texas and Obergfell v. Hodges, and cases I don’t have in front of me balancing property rights against nuisance laws and other governmental regulations.

The official course description was: Considers the tension between individual and majoritarian rights in our constitutional system, and the effects of that tension on the formulation of public policy.

The course was an investigation of that tension–the right of citizens to personal autonomy, on the one hand, and the equally strong human need to be part of a cohesive community, on the other.

As I pointed out in the course syllabus, the fundamental issue in political philosophy–as well as in day-to-day governance–is who decides? What sorts of decisions must government be empowered to make, and which must be left to the individual? Answering that, of course, requires that we explore many other questions–what do we mean by “the common good?” How much social consensus is necessary for a government policy to be considered legitimate?

Can public policies encourage the the development of an inclusive “we” from America’s increasingly diverse “I’s” without violating fundamental individual rights?

The class was cross-listed, meaning that both undergraduates and graduates could enroll. Because it wasn’t a required class, it attracted students who were actually interested in exploring those questions. It was fun to teach–or more accurately, to introduce them to what important thinkers have said about these issues, and to serve as a discussion guide.

As I listened to the political debates Americans have been having this year, I’ve really missed the kinds of thoughtful analyses and debates I heard from my students. Conspiracy theories that provide easily identified “bad guys” and heroes, religious dogmas that impose answers rather than helping adherents wrestle with important questions, insistence upon categorizing everyone as “us” or “them” –these are all hallmarks of a flight from genuine engagement and civic responsibility.

I have hopes that with Biden’s election, and his choice of competent adults to head the agencies charged with doing the people’s business, we can emerge from the embrace of ignorance, the corruption and the bigotry of this horrible four-year experiment with government by tantrum, and approach policy argumentation the way most of my students did.

For those of you who wanted the reading list–I hope you’ll let the rest of us know your reactions as you plow through!

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Pesky Data!

Andrew Yang’s campaign for the Presidency introduced the UBI , or Universal Basic Income, to millions of Americans unfamiliar with the concept. He put that policy debate “on the table”–following which policymakers have ignored or ridiculed it.

In previous blogs about the UBI, I have acknowledged how unlikely it is that contemporary American lawmakers would pass, or even consider, such a program. But research suggests a high probability that  millions of jobs will be lost to automation within the next 15-20 years– a probability that will present a daunting challenge that America’s current inadequate and bureaucratic social safety net is clearly unable to meet.

The right-wingers who believe that taxation is theft, and the contemporary Calvinists who believe that poverty is the result of sloth and/or moral defect, respond to UBI advocacy with horror: those sluts who are producing babies in order to get added welfare payments of a munificent 150/month would obviously become an even greater burden on the “makers.”

Pilot programs and academic research continue to crank out evidence to the contrary. Those programs continue to multiply:the latest effort is in Germany, where a Basic Income Pilot Project will start next spring and will send 122 people €1,200 ($1,422) per month for three years. No strings attached. The study, initiated by the German Institute for Economic Research and My Basic Income, a Berlin-based nonprofit, will investigate the effects of an unconditional basic income.

Recently, a new multi-agency report backed by the United States Agency for International Development reported on a project to compare the effectiveness of workforce training programs with direct cash transfers. It found a “marked increase in entrepreneurialism, well-being and productivity within the cohort that received only cash.” Other experiments have found that unrestricted cash payments went for food, medicine and education, and did not–as cynics warned– increase joblessness or substance abuse.

Our policymakers, of course, prefer ideology to pesky evidence…

There actually is substantial data showing that, contrary to Americans’ deep cultural disdain for social welfare programs, a UBI would be both efficient and socially unifying.  Universal programs escape the stigma of benefits targeted to the poor.

Aside from the ideologically-grounded and empirically dubious belief that “handouts” encourage sloth and vice, the major objection to a UBI is cost. My own proposal for finding the money to pay for such an expensive program would begin with ending fossil fuel and other subsidies that have long since outlived any usefulness they may have had, and curtailing our bloated military expenditures–all measures that are overdue in any case. But there are several other approaches.

A while back, William Gale of the Brookings Institution’s Hamilton Project made a persuasive case for coupling a UBI to a tax that would pay for it– a 10 percent Value-Added Tax (VAT).

As he pointed out, a VAT is a national consumption tax—like a retail sales tax but collected in small bits at each stage of production. It raises a lot of revenue without distorting economic choices like saving, investment, or the organizational form of businesses. And it can be easier to administer than retail sales taxes. The big problem with such a tax is that it is usually regressive–but interestingly, not when combined with a UBI.

As I explained in an earlier post,

The Tax Policy Center estimates that the VAT in conjunction with a UBI would be extremely progressive. It would increase after-tax income of the lowest-income 20 percent of households by 17 percent. The tax burden for middle-income people would be unchanged while incomes of the top 1 percent of households would fall by 5.5 percent.

It may seem counter-intuitive, but the VAT functions as a 10 percent tax on existing wealth because future consumption can be financed only with existing wealth or future wages. Unlike a tax imposed on accumulated assets, the VAT’s implicit wealth tax is very difficult to avoid or evade and does not require the valuation of assets.

Assuming that Gale’s numbers are sound, a VAT would generate more than enough money to pay for a UBI. Meanwhile, a growing body of research confirms the benefits of the UBI approach to social welfare.

But this is America, where Republican senators are climate change deniers. America, where Republican governors dismiss overwhelming evidence that mask wearing helps abate a pandemic. America, where lawmakers reject the very idea of implementing the sort of national healthcare programs that work well elsewhere.

America–where our lawmakers pay absolutely no attention to evidence contrary to their preferred beliefs.

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