Confirmation: It Isn’t About Religion

The Indianapolis Star, in one of its increasingly rare forays into what used to be called “news,” reported on a very interesting study investigating popular opinion about the pending Supreme Court case brought by a baker who refused to sell a wedding cake to a gay couple.

As most of you are aware, the baker–routinely described as very pious–has argued that forcing him to sell one of his cakes to a same-sex couples would not only violate his religious liberty, but would amount to “compelled speech.” That is, he argues that civil rights laws requiring him to do business with people he considers immoral are really compelling him to affirm his approval of that immorality.

The free speech argument appears to be a fallback, in case the Supreme Court doesn’t buy the religious liberty one. In any event, most people who are aware of the controversy see the conflict as one pitting respect for “sincere religious belief” against the rights of LGBTQ citizens to be free of discrimination.

As the study found, it really isn’t.

I vividly recall a conversation I had many years ago with a friend I knew to be a truly nice person. He wasn’t a bigot. I was Executive Director of Indiana’s ACLU at the time, and he understood the organization to be a defender of individual liberty and the proposition that the power of government (and popular majorities) to prescribe our behaviors is limited by the Bill of Rights.

He wanted to know why the ACLU didn’t think civil rights laws violated individual liberty.  Doesn’t “freedom” include the freedom to discriminate?

The study cited by the Star confirms the continued salience of his long-ago question.

People who believe businesses should be able to deny services to same-sex couples aren’t necessarily citing religious reasons for discriminating, a new study by Indiana University sociologists has found.

Instead, many simply believe businesses should be able to deny services to whomever they want — even though that violates civil rights laws that protect certain classes of people….

Slightly more than half of those surveyed said they supported a business denying wedding services to a same-sex couple, whether the business cited religious opposition to same-sex marriage or non-religious reasons.

Ninety percent of self-identified Republicans said that businesses should be able to choose who they do business with.

I’ve been in these discussions, and more often than not, people who believe civil rights laws deprive them of their liberty will say something like: “what about those signs that say ‘no shoes, no shirt, no service?” or “the government shouldn’t make the kosher butcher sell ham,” or “what if a Nazi asked the baker for a swastika cake?”

I will restrain myself from launching into one of my “civic ignorance” diatribes, and merely point out that civil rights laws do not deprive merchants of their liberty to refuse service based upon a customer’s behavior. Merchants also retain the liberty to decide what goods they will sell (if a menswear store refuses to stock dresses for sale to a female customer, that doesn’t violate anyone’s civil rights.)

Civil rights laws prohibit discrimination based upon the identity of customers who are members of legally specified classes. (FYI: Nazis aren’t a protected class.)

Do those laws curtail a merchant’s “liberty” to discriminate? Yes. So do laws prohibiting religious parents from “whipping the devil” out of their children, and a variety of other “sincere” behaviors deemed damaging or dangerous to society.

Here’s the deal–the “social contract.”

When a merchant opens a shop on a public street, he depends upon local police and firefighters to protect his property. He depends upon government to maintain the streets and sidewalks that allow customers to access his store, and the roads, railways and air lanes that carry his merchandise from the manufacturer to his shelves. In return for those and other public services that make it possible for him to conduct his business, government expects him to pay his taxes, and obey applicable laws–including civil rights laws that protect historically marginalized groups against his disdain.

The butcher, the baker, and the candlestick maker retain their liberty to advertise that disdain. They retain the liberty to lobby for repeal of civil rights laws. They retain the right to exclude people they consider immoral or unpleasant or just “different” from their social gatherings, their churches and their homes.

As I’ve often said, if you don’t like gay people, you don’t have to invite them to dinner. You just have to take their money when it’s proffered in a commercial transaction.Is that really an intolerable invasion of your liberty?

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Humans: Clever, But Not Wise….

The election of Donald Trump (aka “Agent Orange”) is only one of many, many signs that we humans aren’t as smart as we think we are.

Consider our ability to invent technologies we then prove unable to use wisely.

Actually, being destroyed or enslaved by the machines we’ve created is a favorite theme of science fiction. Robots who turn on their makers, unanticipated consequences of laboratory experiments, the dehumanizing substitution of human-machine interaction for human contact–all are familiar scenarios of “futuristic” fantasy.

Being overwhelmed by our own inventions, however, is neither “futuristic” nor “fantastic.” Anyone who doesn’t believe that human society is being inexorably changed by social media and the Internet hasn’t been paying attention.

The Guardian recently ran a chilling column about those changes, and about our tendency to see new threats and challenges in terms of the past, rather than as harbingers of our future.

Both sides of the political divide seem to be awakening to the possibility that letting the tech industry do whatever it wants hasn’t produced the best of all possible worlds. “I have found a flaw,” Alan Greenspan famously said in 2008 of his free-market worldview, as the global financial system imploded. A similar discovery may be dawning on our political class when it comes to its hands-off approach to Silicon Valley.

But the new taste for techno-skepticism is unlikely to lead to meaningful reform, for several reasons. One is money. The five biggest tech firms spend twice as much as Wall Street on lobbying Washington. It seems reasonable to assume that this insulates them from anything too painful in a political system as corrupt as ours.

The FCC’s decision to repeal Net Neutrality despite the fact that 83% of the public want to retain the policy would certainly seem to validate the author’s assertion that our government responds to money, not public opinion.

The columnist, Ben Tarnoff, is especially concerned that the focus on Russia’s efforts to weaponize the Internet and influence the election is diverting our attention from far more serious issues. It is unlikely that Russian game-playing had much of an effect on the Presidential election (racism aka White Nationalism clearly played a far greater role), and while Congress fixates on Russia, far more significant threats go unnoticed.

As Tarnoff sees it, the focus on Russia isn’t just misplaced because that country’s social media influence wasn’t really all that effective. It’s misplaced because the Russians used the Internet platforms in precisely the way they’re designed to be used.

As Zeynep Tufekci has pointed out, the business model of social media makes it a perfect tool for spreading propaganda. The majority of that propaganda isn’t coming from foreigners, however – it’s coming from homegrown, “legitimate” actors who pump vast sums of cash into shaping opinion on behalf of a candidate or cause.

Social media is a powerful weapon in the plutocratization of our politics. Never before has it been so easy for propagandists to purchase our attention with such precision. The core issue is an old one in American politics: money talks too much, to quote an Occupy slogan. And online, it talks even louder.

Unfortunately, the fixation on Russian “cyberwarfare” isn’t likely to bring us any closer to taking away money’s megaphone. Instead, it will probably be used as a pretext to make us less free in other ways – namely by justifying more authoritarian incursions by the state into the digital sphere….

The tragedy of 9/11 has long been weaponized to justify mass surveillance and state repression. The myth of the “cyber 9/11” will almost certainly be used for the same ends.

Tarnoff reminds readers that–as usual–America’s wounds are largely self-inflicted.  We could and should take note of Russia’s efforts to subvert our election without ignoring the “deep domestic roots” of that catastrophe. As he reminds us,

Russia didn’t singlehandedly produce the crisis of legitimacy that helped put a deranged reality television star into the White House. Nor did it create the most sophisticated machinery in human history for selling our attention to the highest bidder.

It’s odd to blame Russian trolls for the destruction of American democracy when American democracy has proven more than capable of destroying itself. And rarely is it more self-destructive than when it believes it is protecting itself from its enemies.

We Americans are really, really good at whiz-bang technology. Creating a society that is just, fair and free? Not so much.

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What Happened to Faith In The Market?

I’m a capitalist. A real one, not the Congressional variety. I believe in (properly regulated) markets, with the important caveat that I believe in markets in those areas of the economy where markets work. (Markets only work, I constantly remind anyone who listens, in transactions with a willing buyer and a willing seller, both of whom are in possession of all information relevant to the transaction.)

Being predisposed to competition and markets doesn’t mean I think government’s role is unimportant, or that public assistance is never warranted.Government can help markets in a number of ways: outlawing monopolies and anti-competitive practices or, in compelling cases, granting subsidies or tax incentives to industries deemed critical to the national interest.

It won’t surprise anyone reading this to discover that, in today’s America, subsidies are more often used to suffocate progress and protect profitable, established industries than to move the nation forward.

American business spokespersons can be counted on to profess devotion to markets. They can also be counted on to avoid competition whenever possible, because their belief in the market’s level playing field is wholly fictional.

As Vox recently reported,

The coal industry and its allies in the Trump administration have recently devoted considerable energy to arguing that subsidies to renewable energy have distorted energy markets and helped drive coal out of business. “Certain regulations and subsidies,” says Rick Perry, “are having a large impact on the functioning of markets, and thereby challenging our power generation mix.” You can guess which regulations and subsidies he’s talking about.

This is nothing new, of course. It is in keeping with a long conservative tradition of challenging the economic wisdom and effectiveness of energy subsidies.

At least, uh, some energy subsidies.

Energy analysts have made the point again and again that fossil fuels, not renewable energy, most benefit from supportive public policy. Yet this fact, so inconvenient to the conservative worldview, never seems to sink in to the energy debate in a serious way. The supports offered to fossil fuels are so old and familiar, they fade into the background. It is support offered to challengers — typically temporary, fragmentary, and politically uncertain support — that is forever in the spotlight.

The article goes on to shine that spotlight on those older subsidies, beginning with the twenty billion dollar annual production subsidy we taxpayers provide to the fossil fuel industries that contribute massively to climate change. We provide that financial assistance despite the fact that these companies are very, very profitable.

The twenty billion dollar figure is only a beginning. It subsidizes only direct production costs.  Another $14.5 billion in consumption subsidies also benefit fossil fuel companies–things like the Low Income Home Energy Assistance Program(LIHEAP), which helps lower-income residents pay their (fuel oil) heating bills.

It also leaves out subsidies for overseas fossil fuel projects ($2.1 billion a year).

Most significantly, OCI’s analysis leaves out indirect subsidies — things like the money the US military spends to protect oil shipping routes, or the unpaid costs of health and climate impacts from burning fossil fuels. These indirect subsidies reach to the hundreds of billions, dwarfing direct subsidies — the IMF says that, globally speaking, they amount to $5.3 trillion a year. But they are controversial and very difficult to measure precisely.

Finally, OCI acknowledges that its estimates of state-level subsidies are probably low, since many states don’t report the costs of tax expenditures (i.e., tax breaks and credits to industry), so data is difficult to come by.

The best available estimate is that energy companies get $20.5 billion annually in corporate welfare, of which 80 percent goes to oil and gas, and 20 percent to coal. And we don’t know how much remediation will eventually add to that figure.

Vox’s summary says it all better than I could:

If you ask people in fossil fuel industries, their support staff in conservative think tanks, or fossil-state politicians, they will tell you why these fossil fuel production subsidies are necessary. It’s always been this way. They’re more than paid back by tax revenue. Other industries get them too. (For the record: More than half the $20 billion is available to fossil fuels alone). They create jobs. They’re important for national security. Tax expenditures aren’t subsidies at all, if you think about it. Etc.

If the endless debate over energy subsidies has taught me anything, it’s that nobody thinks their own subsidy is a subsidy — and no one outside think tanks and universities really gives a damn about the economic distortions of subsidies as such. Everyone thinks their favored energy sources deserve support and the other guys’ don’t. Period. They use whatever economic argument is handy — “picking winners” if you’re against the subsidy, “supporting jobs” if you’re for it — but such arguments are always instrumental. As I said recently about coal’s rent-seeking, there are no true free marketeers in struggling industries.

Speaking of rent-seeking, here’s a final fun factoid from OCI: In the 2015-2016 election cycle, oil, gas, and coal companies spent $354 million in campaign contributions and lobbying and received $29.4 billion in federal subsidies in total over those same years — an 8,200% return on investment.

The next time some corporate poo-bah piously invokes the genius of the market, tell him to give it a rest. It’s abundantly clear that no one really wants to “let the market decide.”

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Voting One’s Interests

Fareed Zakaria is a savvy observer of both domestic governance and international relations, and he makes a very good point in a recent Washington Post column.

It has become a (tiresome) truism that many Americans “vote against their own interests.” This assertion has always annoyed me, because it embodies a couple of arrogant assumptions: first, that the speaker/writer knows better than those voters where their “true” interests lie; and second, that voters’ interests are limited to economic issues.

Zakaria uses the negative financial consequences of the GOP’s tax “reform” bill for Trump voters to make his point:

Congress’s own think tanks — the Joint Committee on Taxation and the Congressional Budget Office — calculate that in 10 years, people making between $50,000 and $75,000 (around the median income in the United States) would effectively pay a whopping $4 billion more in taxes, while people making $1 million or more would pay $5.8 billion less under the Senate bill. And that doesn’t take into account the massive cuts in services, health care and other benefits that would likely result. Martin Wolf, the sober and fact-based chief economics commentator for the Financial Times, concludes, “This is a determined effort to shift resources from the bottom, middle and even upper middle of the U.S. income distribution toward the very top, combined with big increases in economic insecurity for the great majority.”

The puzzle, Wolf says, is why this is a politically successful strategy. The Republican Party is pursuing an economic agenda for the 0.1 percent, but it needs to win the votes of the majority.

Cue the chorus: why would the people in Trump’s base continue to support him, when his actions (in concert with his party’s) are inimical to their interests? Wouldn’t they desert him if they realized that he is pursuing an agenda that privileges large corporations, wealthy families, and well-positioned rent-seekers? When will they come to their senses and see that Trump and the Congressional GOP are putting in place budgetary policies that will be devastating to the predominantly rural people who voted for him?

Is it that the Republican Party is cleverly and successfully hoodwinking its supporters, promising them populism and enacting plutocratic capitalism instead? This view has been a staple of liberal analysis for years, most prominently in Thomas Frank’s book “What’s the Matter with Kansas?” Frank argued that Republicans have been able to work this magic trick by dangling social issues in front of working-class voters, who fall for the bait and lose sight of the fact that they are voting against their own interests. Both Wolf and Pierson believe that this trickery will prove dangerous for Republicans. “The plutocrats are riding on a hungry tiger,” writes Wolf.

I fully agree with Zakaria’s rebuttal to that analysis.

But what if people are not being fooled at all? What if people are actually motivated far more deeply by issues surrounding religion, race and culture than they are by economics? There is increasing evidence that Trump’s base supports him because they feel a deep emotional, cultural and class affinity for him. And while the tax bill is analyzed by economists, Trump picks fights with black athletes, retweets misleading anti-Muslim videos and promises not to yield on immigration. Perhaps he knows his base better than we do. In fact, Trump’s populism might not be as unique as it’s made out to be. Polling from Europe suggests that the core issues motivating people to support Brexit or the far-right parties in France and Germany, and even the populist parties of Eastern Europe, are cultural and social.

This is a much more tactful way to explain what the data shows, and what I have repeatedly argued: the majority of Trump’s supporters are White Nationalists (aka bigots), for whom the indignity of Obama’s eight years as President was simply a bridge too far. The real “interests” of these voters aren’t economic; they’re tribal. They are desperately clinging to the white privilege that is diminishing in a rapidly diversifying society. That desperation overpowers any other “interest.”

As Zakaria writes,

 What if, in the eyes of a large group of Americans, these other issues are the ones for which they will stand up, protest, support politicians and even pay an economic price? What if, for many people, in America and around the world, these are their true interests?

So long as they see Trump normalizing and justifying racism and misogyny, these voters aren’t going anywhere. Polls suggest that they represent around 30% of Americans voters, a depressingly high number.

Getting that other 70% to the polls has never been more important.

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