Who Decides?

The Bill of Rights–as I repeatedly note– addresses areas of citizens’ lives that the Founders marked “off limits” to government authority, answering the question “who decides this?” in favor of individual citizens.

That framing is one way to look at today’s vicious culture war.

Those of us who want to maintain the constitutional line between matters government is authorized to decide and matters remitted to our individual consciences are under attack by the autocrats and theocrats who want to use the power of the state to impose their favored choices on everyone else. Nowhere is that clearer than in the persistent efforts to control what books we can read and what information we can access.

A recent article from Axios focused on that battle.

Attempts to ban books at public libraries have reached record levels, pitting right-wing parents and legislators against those who oppose censorship.

Driving the news: The culture war over books has become a legislative battle as well.

  • Last year, “more than 150 bills in 35 states aimed to restrict access to library materials, and to punish library workers who do not comply,” per the New York Times.
  • As a counterpunch, legislators in blue and purple states are coming to the aid of librarians to help them fight efforts to remove books with certain racial, sexual or gender-related themes.
  • Last June, Illinois became the first state to pass a law penalizing libraries that ban books.

What they’re saying: “We have broadened the framing to refer to ‘intellectual freedom challenges'” rather than just book bans, AnnaLee Dragon, executive director of the New York Library Association, tells Axios.

The hypocrisy is obvious. As one librarian reportedly told Axios, “It’s the same people who are out touting the freedom to own a gun. But you don’t think I have the right to pick a book for my kid?”

The American Library Association has mounted a campaign, Unite Against Book Bans, to encourage people to take action locally, and it’s also selling a workbook for librarians about “navigating intellectual freedom challenges together.”

Libraries have long been seen as cradles of democracy; in the words of former U.S. Senator Wendell Ford, “If information is the currency of democracy, then libraries are its banks.”

The current attacks are coming from what the article calls “a small but vocal minority” that opposes libraries precisely because they are democratic– inclusive, affirming, and intentional. That minority sees access to information as a threat.

The current onslaught has come at a time when libraries are serving an expanding variety of community needs. Librarians have gotten used to tackling whatever tasks society demands of them, and those demands continue to broaden. As Time Magazine recently reported, 

Libraries are among the most visited public service institutions, totaling more than 1 billion visits annually with users turning to libraries for critical educational services in addition to books. In recent years, as many as 118 million participants have taken part in nearly 6 million programs focused on early and family literacy, digital literacy instruction, after-school homework support and summer reading programs for youth, adult literacy and basic education, career readiness, small business development, arts and humanities programming, English for Speakers of Other Languages instruction, and special programs for adults navigating memory loss and reentry after incarceration.

The effort to restrict what information other citizens can access has accelerated.

Last year there were 1,269 attempts to censor library books, the highest number of attempted book bans in the two decades that ALA has been compiling data about censorship in libraries. During this same period, 2,571 unique book titles were targeted for censorship, an astonishing 32% increase over 2021, with 40% of book challenges occurring in public libraries, while the remaining nearly 60% occurred in school libraries. As these threats to the right to read continue, in all too many cases, parents are being roped into banning books they haven’t even heard of before, let alone read, by extremist groups using book banning as a political tactic. At a school board meeting in Pennsylvania this year at which book censorship was being recommended, one parent supporting the banning of a title proclaimed, “I have not read the book myself, I don’t intend to read the book, but I have had portions distributed to me of this book.”

If we have come to a time in this country when parents can be successfully swayed into restricting access to books they haven’t read, what does that mean for our future as a nation? What other personal and constitutional rights might next be compromised?

Some constitutional questions are open to interpretation. This one isn’t.

The First Amendment protects our right to decide for ourselves what we and our children read.

Comments

About That War On Women…

When women point out that “pro life” legislation and Court decisions are really “anti-woman,” far too many men respond with verbal pats on the head. “Tut tut, little woman–don’t you think you are being a bit hysterical?

Well, it appears that Talking Points Memo has “brought the receipts.” The site has acquired a trove of documents from a secretive group aiming to restore White Christian heterosexual men to their “rightful” dominance.

A secret, men-only right-wing society with members in influential positions around the country is on a crusade: to recruit a Christian government that will form after the right achieves regime change in the United States, potentially via a “national divorce.”

It sounds like the stuff of fantasy, but it’s real. The group is called the Society for American Civic Renewal (the acronym is pronounced “sacker” by its members). It is open to new recruits, provided you meet a few criteria: you are male, a “trinitarian” Christian, heterosexual, an “un-hyphenated American,” and can answer questions about Trump, the Republican Party, and Christian Nationalism in the right way. One chapter leader wrote to a prospective member that the group aimed to “secure a future for Christian families.”

The documents spell out the aims and objectives of what TPM calls “a shadowy network occupying the commanding heights of business, politics, and culture, open only to a select, elite few, committed to reshaping the United States to align it with the group’s radical values. ”

The members of this all-male organization are all White, well-to-do, devout Christian traditionalists engaged in politics.

Until TPM began reporting this story several weeks ago, the membership of the group had remained largely secret. Its existence was known and has been previously reported on by The Guardian, but the details of the group’s mission, membership criteria, board, and internal communications remained outside of public view. Beginning late Thursday, some of the leading members of the group identified by TPM through our reporting came forward publicly to acknowledge their memberships in the organization and published an internal document that TPM had already obtained. They said they were doing so in anticipation of another story by The Guardian.

These aren’t the pathetic “Proud Boys,” assorted Incels, or other misfits we’ve come to expect. TPM identified members: the president of the Claremont Institute, several Harvard Law School graduates, and leading businessmen in communities scattered across America. (Evidently, the man who incorporated the group nationally is an “Indiana shampoo tycoon who refers to himself as “maximum leader” and blogs about Rhodesian anti-guerilla tactics and how the must-read dystopian fiction novel for white supremacists, The Camp of the Saints, is actually a vision of America’s present.”)

Group members hold a distinct vision of America as a latter-day ancient Rome: a crumbling, decadent empire that could soon be replaced by a Christian theocracy. To join, the group demands faithfulness, virtue, and “alignment,” which it describes as “deference to and acceptance of the wisdom of our American and European Christian forebears in the political realm, a traditional understanding of patriarchal leadership in the household, and acceptance of traditional Natural Law in ethics more broadly.” More practically, members must be able to contribute either influence, capability, or wealth in helping SACR further its goals.

“Most of all, we seek those who understand the nature of authority and its legitimate forceful exercise in the temporal realm,” a mission statement reads.

And of course, in the time-honored tradition of “follow the money,”

Once in the group, the statement says, members can expect perks: “direct preferential treatment for members, especially in business,” and help in advancement “in all areas of life” from other members.

The report–which you really do need to read in its entirety–traces how TPM uncovered the group’s existence and origins, and confirmed its core mission: “to create a mini-state within a state, composed entirely of Protestant, Catholic, and Orthodox Christian men. It’s explicitly patriarchal, demanding that group members assume a dominant role at home, and celebrates the use of force and existence of authority.”

Two paragraphs ought to alarm any non-male, non-White, non-Christian, non-straight person who reads the extensive, linked report:

What sets SACR apart is that its members come from and are recruited from the upper crust of American society. They are wealthy — independent wealth is a requirement for membership, per documents TPM obtained. And they are credentialed.

SACR offers a redoubt for powerful people who take the culture war extremely seriously and believe in their bones that hemorrhaging church membership, the Obergefell decision on same-sex marriage, and the ebbing status of Christian men in American society are an existential threat to their vision for America, and who have the means to build a society on a different path.

Katie Britt would fit right in…..

Comments

Equal Protection? Or Discrimination?

Does the Equal Protection Clause of the 14th Amendment forbid the government to address problems caused by decades of unequal treatment? One off-the-tracks court apparently believes the answer is yes.

The Supreme Court has effectively ended most affirmative action programs, and now a federal judge has handed down what has been labeled a “White grievance ruling,” holding that the Minority Business Development Agency cannot focus on minorities, and must open its doors to every race–i.e., White guys.

I am not making this up.

U.S. District Court Judge Mark Pittman (a Trump appointee) ruled that the Minority Business Development Agency (which has been working with minority-owned businesses for 55 years) must open its doors to “every race,” in a case brought by a group of White plaintiffs who argued that the agency’s focus on minority businesses constituted discrimination against White people.

Pittman is the judge who killed Joe Biden’s student debt relief, and ruled that Texas couldn’t ban teenagers between 18-20 from carrying concealed weapons.

As one relatively intemperate pundit reported (no link available and “F bomb” omitted):

In his 93-page opinion… the judge ruled that the agency’s presumption that businesses owned by Black, Latino, and other minorities are inherently disadvantaged violates the Constitution’s equal protection clause. Further, he permanently prohibited the agency’s business centers from extending services based on an applicant’s race. In one truly infuriating passage, Pittman wrote: “If courts mean what they say when they ascribe supreme importance to constitutional rights, the federal government may not flagrantly violate such rights with impunity. The MBDA has done so for years. Time’s up.” Rarely does diction in a judicial ruling trigger a Looney Toons-style reaction complete with steam coming out of my ears and my face turning red with rage but wow! That did it!

This ruling is the latest in a string of judgments that have blown up federal affirmative action programs following the precedent set by the conservative-majority Supreme Court ruled against Harvard and the University of North Carolina using race-conscious admissions last June. The conservative public interest law firm Wisconsin Institute for Law & Liberty, who represented the White plaintiffs, was naturally ecstatic about the ruling. One of the firm’s attorneys, Dan Lennington, said, while somehow keeping a straight face: “No longer can a federal agency only cater to certain races.” This man really said “cater”! About America’s relationship to minorities! I’m going to stop writing now before I have a stroke.

I’m not having a stroke, exactly, but it is clearly past time to address a profoundly important issue–does the Equal Protection Clause forbid lawmakers from trying to solve (or at least ameliorate) specific inequities?

Do government efforts to combat disease A constitute discrimination against diseases B and C? Was the (now eviscerated) Voting Rights Act unfair to the states required to get pre-clearances due to past misbehaviors, since states that hadn’t purposely prevented Black folks from voting weren’t required to get such permissions?

You can undoubtedly come up with other examples.

Do some efforts to address past inequities go too far? Absolutely. It is always appropriate to examine programs that are intended to remediate past misbehavior, to ensure that those programs aren’t themselves violating Equal Protection. There are lots of gray areas, lots of legitimate differences of opinion based upon the specifics of the program being examined.

But this opinion really does seem to be–in the words of the quoted pundit–an example of White grievance. How dare the government try to help minority businesses that have demonstrably been disadvantaged through slavery and Jim Crow? How dare the government concede the ongoing effects of years of White privilege, and try to even the playing field?

It is certainly possible that some aspects of the agency –some programs–go too far, but finding that the agency’s mission violates Equal Protection is–in my humble opinion–evidence of racism and a total lack of basic legal reasoning. (In law school, we learn that there is no right without a remedy...)

An old friend of mine–a Republican, from back in the days when “Republican” didn’t mean “member of a racist MAGA cult”–used a sports analogy to point out that government is supposed to be an umpire–not a player on the field. Umpires and referees are supposed to ensure fair play. I don’t know much about sports, but I’m pretty sure that in basketball, when a member of one team fouls a member of the other team, the one who was fouled gets a free throw or two. It’s an effort to compensate for harm done by the foul.

Judge Pittman would evidently label that free throw discriminatory …

Comments

Othering And Mothering

Nearly fifty years ago, a woman named Jean Manford convened a small meeting of 20 people in a NYC church basement, and started an organization– parents, friends and families of lesbians and gays. PFLAG currently has over 250,000 members and supporters. Manford had a gay child, and every mother can understand her fierce love for, and affirmation of, her child. Mothers affirm the child they have–the child as he or she is–even when that child is different from the one they originally expected.

Well, perhaps not every mother….or father.

I belonged to PFLAG for several years, after one of my sons came out. It was a different time. LGBT folks–Q and plus were a ways off–were just coming out of the closet, and were still subject to hurtful stereotypes and the hatred of “righteous, bible-believing” Christians, who recommended “cures” and dismissed the considered opinions of experts who had determined that homosexuality was simply another human characteristic, and not a psychiatric or otherwise “deviant” condition.

We’ve come a long way since the days when Jean Manford fought back to protect her child. Research confirms widespread acceptance of LGBTQ+ folks; some seventy percent of Americans approve of same-sex marriage.

So today, those “bible believing” folks are focusing their fear-mongering on trans children. After all, most Americans today know gay folks; fewer know trans people, who comprise barely over 1% of the population.

What made me think of the partial nature of this victory over bigotry and fear of difference was a story in the local press about an Indiana couple who lost custody of their child. They are appealing to the Supreme Court.

Indiana passed controversial legislation restricting transgender youth’s access to health care in 2023.

The statehouse also considered a failed bill last year that would have prevented courts from allowing the Indiana Department of Child Services to remove children from homes that do not support their gender identity or access to gender-affirming care.

The bill featured a court case between DCS and the parents of a transgender child — named A.C. in court records.

The case involves a “deeply religious, devout Christian” couple who believe that children should be raised based on their sex at birth, and that using pronouns and names that are opposite to their sex at birth is “immoral and harmful.” After their teenage child came out to them and said that she identifies as a girl, DCS began to receive allegations of abuse triggered by the child’s gender identity. The agency conducted an investigation, confirmed the abuse, and ultimately removed the child from the home.

The parents argue that they have a Constitutional right to raise their child however they see fit and in a manner consistent with their religious views. The lower courts upheld the DCS determination. While they agreed that parents have the right to express their religious beliefs, they ruled that parents cannot exercise those rights in ways that demonstrably harm their child. 

The more things change, the more they stay the same…

Back when Jean Manford founded PFLAG, many parents reacted very badly to the different sexual orientation of their children. Among a number of social and cultural changes that have softened (albeit not eradicated) that particular bigotry was the American Psychiatric Association’s recognition that homosexuality was not “deviance” or mental illness, but simply difference.

The APA has now issued a similar statement about children who are nonbinary, and has strongly endorsed their right to receive appropriate care.

This policy statement affirms APA’s support for unobstructed access to health care and evidence-based clinical care for transgender, gender-diverse, and nonbinary children, adolescents, and adults.

Furthermore, this policy statement addresses the spread of misleading and unfounded narratives that mischaracterize gender dysphoria and affirming care, likely resulting in further stigmatization, marginalization, and lack of access to psychological and medical supports for transgender, gender-diverse, and nonbinary individuals.

The entire policy statement can be accessed at the link.

Jean Manford wouldn’t have needed to read the policy statement. Neither would the thousands of mothers and fathers who joined PFLAG and worked for fair treatment and equal rights for their gay children.

I will readily admit that I don’t understand people who are willing to sacrifice the well-being of their own flesh and blood for…what? Religion? Social acceptance? I do understand the politicians–like Indiana’s Jim Banks–who are perfectly willing to use these children as political wedge issues. These unfeeling, self-centered political actors are willing to dismiss expert opinion and abuse defenseless children, calculating that playing to constituents’ fears and prejudices will produce votes.

And it probably will, with those voters who are equally void of humanity.

Comments

Two Different Worlds

What is prejudice?

Liberal folks wring their hands over the all-too-prevalent habit of dismissing “those people” as a monolithic whole. Prejudice, after all, means “pre-judging,” attributing essential, negative characteristics to a population that is actually very diverse. We see these stereotypes everywhere, despite the fact that visible exceptions to them are also everywhere.

It’s true that different cultures tend to accentuate different behaviors, and equally true that many people have a very limited tolerance for difference. One of the aims of the diversity, equity and inclusion (DEI) movement so scorned by  “conservatives” is to calm the fears of folks who react fearfully and antagonistically to cultural differences.

I consider myself one of those people whose mantra is “let’s build bridges, not walls.” I support DEI efforts, I routinely decry the generalizations used to justify marginalization.

But what if a large body of evidence actually supports a negative view of a particular population?

The Daily Beast recently reviewed a book that documents the threat posed to democracy by rural America.

In the popular imagination of many Americans, particularly those on the left side of the political spectrum, the typical MAGA supporter is a rural resident who hates Black and Brown people, loathes liberals, loves gods and guns, believes in myriad conspiracy theories, has little faith in democracy, and is willing to use violence to achieve their goals, as thousands did on Jan. 6.

According to a new book, White Rural Rage: The Threat to American Democracy, these aren’t hurtful, elitist stereotypes by Acela Corridor denizens and bubble-dwelling liberals… they’re facts.

The authors, Tom Schaller, a professor at the University of Maryland, Baltimore County, and Paul Waldman, a former columnist at The Washington Post, persuasively argue that most of the negative stereotypes liberals hold about rural Americans are actually true.

Among the reams of data they include to support their arguments, Schaller and Waldman provide evidence to show that rural whites “are the demographic group least likely to accept notions of pluralism and inclusion” and are far less likely to believe that diversity makes America stronger.

In rural America, support for Donald Trump’s Muslim travel ban ran 15 points higher than in urban areas. Rural whites are 13 points more likely to view LGBTQ+ Americans in a negative light, and express fear and anger toward immigrants—both legal and undocumented—at much higher rates than other Americans. Less than half, 46 percent, say diversity in their communities is something they value.

They are the largest segment of the population that incorrectly believes Trump won the 2020 election, at 47 percent. By contrast, only 30 percent of suburban residents and 22 percent of urban dwellers feel the same.

Rural whites were far more likely to refuse COVID vaccines. They were (and are) more likely to think President Obama wasn’t born in the United States. The authors report on a 2009 survey from North Carolina and Virginia in which rural Republicans were 20 percentage points more likely to believe in birtherism than non-rural GOP members. Rural Americans are 1.5 times more inclined to embrace the QAnon conspiracy theory than those who live in urban areas.

But the problems in rural America run deeper than hostility toward minorities and facts. Rural residents disproportionately express hostility toward basic democratic principles. They are more likely to favor restrictions on the press, oppose checks on presidential power, endorse white Christian nationalist views, and support efforts to restrict voting access.

Chillingly, more than one out of four rural residents say that Trump should be returned to office by force if necessary.

The authors are careful to note that not all citizens with anti-government views live in rural America, but they provide extensive evidence that “rural Americans are overrepresented among those with insurrectionist tendencies.” (They are also misrepresented in recent polls: Robert Hubbell notes that sampling in the NYT recent poll over-represented rural voters by nearly double their actual share of the 2020 vote.)

In a functioning democracy, White rural Americans–who are only 15 percent of the U.S. population—wouldn’t control the political process. But thanks to systemic issues, rural Whites exert wildly disproportionate power. Think gerrymandering and the excessive influence of our most sparsely populated states.

California and Wyoming each have two Senators even though Los Angeles County—with its 10 million residents—has a population 17 times larger than all Wyoming. Senate Democrats, with 51 seats, represent some 193 million people; Senate Republicans, with 49 seats, represent 140 million people.

And don’t get me started on the Electoral College.

These systemic issues are why the resentments and anti-democratic world-views of White rural America matter. We shouldn’t paint rural America with too broad a brush–but we also shouldn’t ignore the very real threat posed by this faction of rural America.

It’s a delicate balance.

Comments