You Go, Dan Forestal!

A recent report in the Indianapolis Star just warmed the cockles of my heart. (And before you ask, no, I have no idea what “cockles” are.)

Here’s what made me smile:

With the Indiana General Assembly back in session, one state lawmaker says he still intends to introduce legislation that would block public dollars from going to private schools that engage in discriminatory hiring practices.

The proposal by Rep. Dan Forestal, D-Indianapolis, comes in the wake of discrimination charges lobbed at Roncalli High School, a Catholic school overseen by the Archdiocese of Indianapolis. Forestal said he wants to see strings put on the state’s voucher program, which uses public dollars to offset to cost of tuition at Roncalli and other participating K-12 private schools.

I’ve written before about Indiana’s voucher program, which is by far the largest in the country, and the damage it is inflicting.  The funds supporting the program would otherwise go to Indiana’s chronically under-funded public schools; research confirms that the private schools participating in the voucher program have failed to improve the academic performance of the children attending them (that they would do so was the original justification for the program); and the program is a thinly-veiled constitutional “work-around” that permits tax dollars to flow to religious institutions. (Some 90% of participating private schools are religious.)

The bill that Representative Forestal proposes to introduce addresses another glaring defect of the voucher program: the lack of standards imposed on participating schools.

A colleague and I recently surveyed voucher programs operating around the U.S., in order to see whether any of those programs required participating schools to teach civics. You will probably not be surprised to learn that none did. I’m relatively confident that if we conducted a follow-up survey, we would be equally unable to find programs imposing non-discrimination requirements. Any nondiscrimination requirements, not just those protective of LGBTQ students and faculty.

There is something very disturbing about taking money away from our public schools and sending it to religious schools without attaching any meaningful conditions. Taxpayers may well be funding schools that teach creationism, that refuse to teach evolution, and that discriminate against students and faculty members who violate tenets of their theologies. (In Louisiana, schools participating in that state’s voucher program were found to be doing all of these things.)

Representative Forestal’s intended legislation was prompted by a widely-publicized incident at Roncalli High School (from which Forestal graduated). Roncalli is one of the largest recipients of vouchers in Indiana.

Two guidance counselors at the school have filed complaints with the Equal Employment Opportunity Commission after they said they were discriminated against because of their sexual orientation. The Archdiocese has denied these charges.

 Shelly Fitzgerald was suspended from her job in August after her marriage certificate was presented to school administration. Fitzgerald, who has worked at Roncalli for 15 years, has been in a same-sex relationship for 22 years. She and her wife, Victoria, were married four years ago.

Lynn Starkey has been in a civil union with her spouse since 2015 and worked at Roncalli for nearly 40 years.

The school and Archdiocese have said in public statements that employees must support the teachings of the Catholic Church, including marriage being “between a man and a woman.”

Religious exemptions to civil rights laws allow them to impose such rules–when they are spending their own money.

One of the most basic purposes of the Establishment Clause was to prevent tax dollars from supporting religion. That prohibition makes even more sense today. In a diverse country, taxpayers of various faiths and none should not be forced to support beliefs inimical to their own, and definitely should not see their tax dollars sent to institutions that turn around and discriminate against them.

Forestal said it best:“If you choose to discriminate, public dollars should not go to your school.”

Good luck, Representative Forestal!

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This Deserves Full-Throated Support

So long as Republicans continue to control the Senate–and a know-nothing buffoon continues to occupy and degrade the Oval Office–this bill is unlikely to become law.

That’s too bad, because it gets to the essence of our genuine “national emergency.”

The bill, which is known as H.R. 1, or the For the People Act, and was sponsored by Rep. John Sarbanes (D-Md.), would create a more responsive and representative government by making it easier for voters to cast a ballot and harder for lawmakers to gerrymander, by transforming how campaigns are funded to amplify the voices of ordinary Americans, and by bolstering election security and government ethics.

Rather than treating structural issues hindering democratic decision making in separate proposals, the bill addresses a number of the systemic weaknesses that enable political game-playing and “dirty tricks”–  voting rights, gerrymandering, campaign finance reform, and ethics.

The Brennan Center description of the measure (linked above) highlights several of the most important provisions–restoring the Voting Rights Act, ensuring that everyone in the country gets at least two weeks within which to cast an early ballot, campaign finance reforms, and a requirement that all voting machines have paper trails. Among the most important are measures affecting voter registration and discouraging gerrymandering:

Streamlining Voter Registration: H.R. 1 would bring Automatic and Same-Day Voter Registration to voters across the country. Automatic Voter Registration (AVR) is a transformative reform under which eligible voters are automatically registered when they provide information to the government at the DMV or other government agencies, unless they opt out. Since 2015, 15 states and the District of Columbia have approved AVR, leading to big gains in registration. If adopted nationwide, AVR could add as many as 50 million new voters to the rolls. Same-Day Registration (SDR) allows eligible voters to register at the polls on Election Day, making it less likely that voters will be disenfranchised by last-minute registration problems. It is already offered in 16 states. Combined with AVR, SDR would solve most of the serious registration problems voters experienced in 2016 and 2018….

Gerrymandering Reform. H.R. 1 would curb extreme partisan gerrymandering by ensuring that states draw congressional districts using independent redistricting commissions whose members represent diverse communities across the state, by establishing fair redistricting criteria, and by mandating greater transparency for the redistricting process.

Taken as a whole, this bill would make considerable progress toward ensuring fair elections with results that accurately reflect the will of the voters. In a sane world, opposing it would be tantamount to opposing motherhood and apple pie–so why do I say that Republicans will never let it see the light of day?

The answer to that (entirely rhetorical) question is obvious to anyone who follows political news: without gaming the system, today’s GOP cannot win enough votes to control the House or Senate. If not for the Electoral College, the party–at least as it exists today– would rarely if ever win the White House.

America desperately needs a grown-up GOP, one that’s able to compete for votes in fair elections. While we wait for the emergence of such a party, however, we need fair elections.

Passing this bill would be a major step in that direction.

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“Mother” Has Many Meanings…

More from the theocrats…

By this time, most politically-aware Americans have read about Karen Pence’s new job.

“Mother” is once again teaching at the Washington, D.C. school where she worked when Mike Pence was in Congress. The Huffington Post describes that school, noting that everyone isn’t welcome there.

In a “parent agreement” posted online, the school says it will refuse admission to students who participate in or condone homosexual activity, HuffPost learned through an investigation into discriminatory admissions policies. The 2018 employment application also makes candidates sign a pledge not to engage in homosexual activity or violate the “unique roles of male and female.” …

The application says that the school believes “marriage unites one man and one woman” and that “a wife is commanded to submit to her husband as the church submits to Christ.” The application asks potential employees to explain their view of the “creation/evolution debate.”

Not only did Mrs. Pence (aka “mother”) previously teach at the school for 12 years, the Pence’s daughter Charlotte attended, according to the school’s website.

JoeDee Winterhof, who is a senior Vice President for policy at the Human Rights Campaign,  had an excellent response.

“Why not teach at a school that welcomes everyone, instead of choosing one that won’t serve LGBTQ kids, kids of LGBTQ parents? The Pences never seem to miss an opportunity to show their public service only extends to some.”

Mrs. Pence is certainly entitled to believe that gay people are sinners, that women should submit to men and that there is actually a “debate” about evolution. (Although–forgive the snarky aside–according to people who worked in the statehouse when Mike Pence was governor, she doesn’t seem to obey that “submission” directive. Quite the contrary.) The fact that a Congressman’s wife chose to work at a school with this philosophy might raise eyebrows, but there are a lot of Congressmen and a lot of wives, and so far as I know, their choice of employment is rarely seen as sending a political message.

The spouses of Presidents and Vice-Presidents, however, are judged by a different standard; at least they were  before this disastrous and embarrassing administration.

When the wife of a Vice President–even an accidental and smarmy Vice President–chooses to work for an institution that labels a significant  proportion of Americans sinful and unworthy, that’s not only a statement of her values, it’s a deliberate message of exclusion that is directly at odds with important American principles.

That message is underlined by its hypocrisy.

If “mother” and Pastor Pence really disapproved of all the forms of sexual immorality described by the school, they wouldn’t even enter the same room with Donald Trump. Since they agreed to be part of the Trump Administration, it’s pretty obvious that they are willing to be selective about the sorts of “immoral” sexual behavior they condemn.

Pussy-grabbing and other assaults on unwilling women, serial infidelity, and consorting with prostitutes–those things are evidently minor transgressions. What must be condemned are relations between people of the same sex who love each other–and who may even be married to each other.

This is bigotry (barely) masquerading as piety, and it’s nauseating.

These people are vile.

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‘Sincere Religious Beliefs’ And Lynching

Perhaps I’m just allowing my foul mood over the current state of America’s federal government color my reaction to everything, but I am over demands that laws of general application make exceptions for people acting on the basis of “sincere religious belief.”

If I have a “sincere belief” that my God wants me to offer up my newborn as a sacrifice, should I be exempt from punishment? What if I have a “sincere belief” that paying taxes enables governments’ evil behaviors–can I simply refuse to do so?

If–as I assume–the answer to these and similar questions is:  “hell, no,” why are Americans so solicitous of the “sincere beliefs” of fundamentalists?

The U.S. Senate just unanimously passed a bill that would make lynching a federal hate crime—but now the religious right is trying to exclude victims who are targeted for their sexual orientation or gender identity.

In remarks that are making national headlines, the chairman of Liberty Counsel, an anti-gay hate group that purports to speak for Christians, says the inclusion of LGBT people is a “camel [getting] in the nose of the tent.”

His argument is absurd, but it could make a difference: Liberty Counsel has helped pioneer bigoted “religious freedom” arguments by representing clients like Kim Davis. Its opposition could be influential among congressional Republicans.

The quoted description is taken from a mainstream Christian religious site, Faithful America, which describes itself as an online community of Christians putting faith into action for social justice by (among other things) challenging the “hijacking” of Christianity by the religious right to serve a hateful political agenda.

It has been gratifying to see religious voices raised in opposition to the theocratic right, a development that has been gaining ground over the past several years; it would be considerably more gratifying if the courts stopped coddling people who demand that their beliefs be given priority over the rights of citizens whose beliefs differ. Why in the world should the fringe theology of Hobby Lobby’s owners entitle them to refuse coverage of birth control for employees whose beliefs differ?

The courts wouldn’t allow Hobby Lobby or other corporate owners of entirely secular businesses to hire and fire employees based upon their willingness to accept the owners’ religions–why are they so solicitous of the “offense” posed by inclusive health coverage?

It’s likely that even most Republicans in Congress will find Liberty Counsel’s objection to inclusive language in the anti-lynching bill sufficiently outrageous to ignore it, but we make a mistake if we think the Council represents just a few nutcases on the right. Theological justifications for bigotry are more widespread than reasonable people want to believe, and most of these bigots are entirely “sincere.”

If I “sincerely” believe that the God I worship wants “your kind” wiped off the face of the earth, and I act upon that belief, my “sincerity” wouldn’t–and shouldn’t– protect me from the legal consequences of that action.

Fundamentalists to the contrary, religious liberty is not the liberty to impose their version of Christianity on everyone else, or to insist that the law bend to their “sincerity.”

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Incompetence Saves The Day

The “breaking news” yesterday on my iPhone and computer included a welcome report about the coming census. As most of you are undoubtedly aware, Wilbur Ross wanted to add a question about citizenship that was widely seen as an effort to depress Hispanic response.

Since funding for a wide number of programs is based upon population, an undercount would really hurt cities and states with high percentages of Hispanics. I’m sure its just coincidental that those places tend to vote Democratic.

In a 277-page opinion, the federal court ruled the question could not be asked.

David Schultz, a colleague who holds joint appointments at Hamline and the University of Minnesota law school, posted a brief summary of the decision on the Law and Courts listserv in which we both participate. (Yes, I am an incredibly nerdy person…)

The Court concluded that the explanations offered–the purported reasons for adding the question–were pretextual.

“First, the Court concludes that Secretary Ross ignored and violated a clear statutory duty to rely on administrative records (rather than direct inquiries) to the “maximum extent possible,” 13 U.S.C. § 6©, rendering his decision “not in accordance with law,” 5 U.S.C. § 706(2)(A). Second, even if that statute did not exist, Secretary Ross’s decision to add a citizenship question rather than collect citizenship data through more effective and less costly means was “not supported by the reasons [he] adduce[d],” Service, 522 U.S. at 374, making it “arbitrary and capricious” in violation of Section 706(A). Third, although a closer question, the Court finds that Secretary Ross failed to satisfy the statutory requirement that he report any plan to address the subject of citizenship to Congress at least three years before the decennial census, in violation of Title 13, United States Code, Section 141(f)(1). And fourth, the Court concludes that Secretary Ross’s decision was pretextual — that the rationale he provided for his decision was not his real rationale.”

An even more interesting part of the decision was the court’s review of the requirements of the Administrative Procedures Act. As David wrote,

What most struck me about the opinion were two major points.  First, and I argued this from day one of the Trump administration, their lack of skill and knowledge about the government (including the Constitution, the law, and process and procedure), would eventually lead to many administrative decisions being struck down in the courts.  This is an example of that. The court describes in detail how Ross just ignored the law and thought he was acting like the CEO of a company where he could do whatever he wanted. He ignored the law, reporting requirements, and also sought to cover up decisions.

The second major point was how DOJ attorneys effectively conceded much of the case to the plaintiffs…

Because Ross simply ignored applicable legal requirements, he left the DOJ attorneys with virtually no arguments to counter the charges of illegality. (Lawyers who’ve been put in this position by clients who are willful or stupid–or both– can relate.)  According to David, “The judge was simply devastating in detailing Ross’ willful disobedience of the law and the inability of the attorneys to defend his actions.”

This administration is doing incalculable harm. Every day is a new outrage, a new assault on the environment, public eduction, the rule of law…not to mention sanity and common decency. This case is a wonderful reminder that–as much damage as this band of looters and thugs is doing–it would be a lot worse if they weren’t reincarnations of the Keystone Kops.

As Paul Krugman put it in “Donald Trump and His Team of Morons,”

Then there’s the Trump effect. Normally working for the president of the United States is a career booster, something that looks good on your résumé. Trump’s presidency, however, is so chaotic, corrupt and potentially compromised by his foreign entanglements that anyone associated with him gets tainted — which is why after only two years he has already left a trail of broken men and wrecked reputations in his wake.

So who is willing to serve him at this point? Only those with no reputation to lose, generally because they’re pretty bad at what they do. There are, no doubt, conservatives smart and self-controlled enough to lie plausibly, or at least preserve some deniability, and defend Trump’s policies without making fools of themselves. But those people have gone into hiding.

I never thought I’d be so grateful for incompetence.

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