That Sound You Hear is Me Gnashing My Teeth…

And Thomas Paine thought that his were the times that tried men’s souls….

Recently, the Oklahoma House has approved legislation purporting to protect ministers who refuse to conduct same-sex weddings from civil liability.  

Evidently, they don’t teach basic civics in Oklahoma. (As I have previously noted, they aren’t too keen on American history, either.) News flash, Oklahoma legislature! The Free Exercise Clause of the First Amendment got there first! It already provides the religious liberty you want to “restore.” For the zillionth time: churches and their clergy are exempt from civil rights laws that conflict with their theology. They’re protected from the nefarious “gay agenda” by that Constitution you all pretend you’ve read.

It’s maddening enough that state legislators–including a not-insignificant number from Indiana–are clueless about the actual application of the religion clauses, but it is mind-boggling when a (presumably plausible) candidate for President of the United States exhibits abject ignorance of the most basic Constitutional principles.

Recently, Mike Huckabee spoke to a group of rightwing pastors about the pending Supreme Court case on same-sex marriage, and he began by repeating the same tired lie: if the Court rules for marriage equality, pastors will be sued or jailed for refusing to preside over same-sex nuptials. It’s hard to know whether Huckabee is really that uninformed, or whether his statement was just reflexive demagoguery of the sort he regularly delivered during his stint at Fox News.

What really set me off, however, was his follow-up to that bit of dishonest rabble-rousing:

Getting a decision from the court, it’s not tantamount to saying ‘well that settles it. It’s the law of the land.’ And when I hear people say that I just cringe and I’m thinking ‘How many people pass 9th grade civics?’ This is not that complicated. There are three branches of government, not one. We don’t like it if the executive branch overreaches and pretends that it can act in difference to the other two. And neither can we sit back and allow the court, one branch of government to overrule the other two. And so when a court rules that same sex marriage is okay, it doesn’t mean that the next day, marriage licenses should be issued for same sex couples. It simply means that if the legislature agrees with that court decision and the representatives of the people—the elected officials—if they then put that into legislation and it is signed and enforced by the executive branch, then you have same sex marriage. But until those other two branches act, what you have is a court opinion and nothing else.

I hate to tell you, Mike, but when the Supreme Court issues a decision, that does settle it. Short of a constitutional amendment, it’s over.

How can a man who was a Governor of a state, a man who has run for President of this country, who has debated legal and policy issues with knowledgable people, have so little grasp of the most basic operation and structure of the American legal system?

If Huckabee really does know better– if he is just counting on the ignorance of his audience–the fact that he can make such statements secure in the knowledge that no one listening will know enough to challenge him is even more depressing.

Evidently, no one ever took 9th grade civics.

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Power, Voice and Bowling Alone

Americans are increasingly focused on economic inequality, and especially the growing and dangerous gulf between the 1% and everyone else. But of course, no element of our social ecosystem is separate and distinct from the other elements, and the financial gap between wealthy and working class citizens is closely connected to other kinds of inequality.

Children from poor families attend poorly performing schools. The streets and sidewalks and parks in poor neighborhoods are rarely as well maintained as those in wealthier precincts. The prevalence of “food deserts” in poor neighborhoods—the lack of markets selling healthy foods at reasonable prices—has been the subject of numerous articles. These and other tangible manifestations of unequal access to social goods (health care, for example) are relatively obvious.

But there is a less-often recognized kind of inequality: disproportionate access to the public square and the marketplace of ideas. This lack of access to contending perspectives, abetted by the steady erosion of what sociologists call voice, doesn’t just disadvantage the poor. It hurts us all, by depriving us of perspectives we need to hear and understand.

It is certainly true that many Americans, not just the poor, have historically opted out of democratic deliberations. But they had voice–and influence–through a multitude of civic organizations.

As former Labor Secretary Robert Reich recently wrote

 Political scientists after World War II hypothesized that even though the voices of individual Americans counted for little, most people belonged to a variety of interest groups and membership organizations – clubs, associations, political parties, unions – to which politicians were responsive.

 “Interest-group pluralism,” as it was called, thereby channeled the views of individual citizens, and made American democracy function.

 What’s more, the political power of big corporations and Wall Street was offset by the power of labor unions, farm cooperatives, retailers, and smaller banks. Economist John Kenneth Galbraith approvingly dubbed it “countervailing power.” These alternative power centers ensured that America’s vast middle and working classes received a significant share of the gains from economic growth.

 Beginning in 1980, those organizations—a vibrant part of civil society—began to wither. Robert Putnum famously documented the decline in Bowling Alone.

The decline of unions has been especially consequential. As Reich notes, however, other former centers of countervailing power – retailers, farm cooperatives, and local and regional banks – also lost ground to national discount chains, big agribusiness, and Wall Street. Many of these changes were an intentional result of public policies—everything from Right to Work laws to slackened banking regulations. Others reflected economic and technological shifts.

Meanwhile, political parties stopped representing the views of most constituents. As the costs of campaigns escalated, parties morphed from state and local membership organizations into national fund-raising machines.

Although Reich does not include it in his list, we might add the effects of so-called “privatization”—especially the practice of government contracting with nonprofit organizations to deliver public services. Nonprofit scholars have long expressed concern that the growing dependence of human services nonprofits on government dollars has operated to “hollow out” their essential character as mediating institutions.

Reich concludes that the only way to turn this situation around is through greatly increased political activism. I agree.

The open question is whether average Americans have the time, the energy, or the will to  reassert their right to be heard, and to insist on retaking their rightful place at the civic table.

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As Long As We’re Talking About Religious Liberty…

Can we at least examine whose religion deserves to be “protected” by giving businesses an exemption from otherwise applicable civil rights laws?

Despite the ignominious fate of RFRA (the so-called “Religious Freedom Restoration Act”) in Indiana, other states–most notably Louisiana–are moving to enact similar measures. Louisiana’s increasingly bizarre Governor, Bobby Jindal, insists that he won’t be dissuaded by crass business interests from “protecting religious liberty.”

The rhetoric around this issue would have us believe that measures like RFRA are needed to protect a monolithic and undifferentiated Christianity from the vast secular army bent on its destruction. So we see Mike Huckabee warning that the “criminalization of Christianity” is imminent, while Shawn Hannity recently proclaimed that the “three most persecuted groups in America today are Christians, the wealthy, and white males.”

I don’t know what planet Huckabee and Hannity live on, and there is no point in debating people who’ve clearly been drinking the kool-aid. But as a non-Christian, I do want to stick up for the numerous thoughtful and actually “Christian” Christians who are getting a bad name from these culture warriors who claim to speak for them.

As Political Animal recently reported,

Next time you hear somebody talk about “Christians” being opposed to same-sex marriage, or being “persecuted” for their refusal to acknowledge same-sex marriages, you might want to direct them to fresh data from the Public Religion Research Institute about the different attitudes of different denominational categories of religious folk on this subject (h/t Sarah Posner).

PRRI shows that while white evangelical Protestants do indeed oppose same-sex marriage by a 28/66 margin, white mainline Protestants support it by a significantly larger margin (62/30) than the general public (54/38). And if you want to believe us mainliners are a dying breed, there’s U.S. Catholics, who despite their church’s teaching support marriage equality by 60/30.

There are also plenty of Christian churches that support reproductive choice.

I personally know a lot of Christians who read their bibles for clues on how to be better, kinder people, rather than for evidence of their moral superiority and their right to tell everyone else how to live.

In fact, the only “embattled” Christians I’m aware of are the theocrats who find it intolerable to live under a system that accords heretics and nonbelievers an equal place at the civic table.

People like Jindal, Huckabee and Hannity look a lot more like the Taliban than like the good Christians I know.

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Learning from My Students

We’re at that point in the semester when my students in Law and Public Policy are doing their team presentations–sharing the results of research via Power Points and mock debates. More than one of these presentations has taught me something I didn’t know. (This is one of the “perks” of the profession, actually–you learn a lot when you teach.)

One of the teams chose to research prison privatization, a subject about which I know very little.

They began by noting that private prisons were rare prior to 1980, that they became more common in the eighties, and that between 1990 and 2009, America experienced a 1600% increase in its prison population. Given the significant sums of money involved,  they wondered whether this dramatic increase in incarceration might be at least partially explained by contractual obligations to fill cells in those proliferating private facilities.

Corrections Corporation of America and the GEO Group dominate the private prison industry, and according to the students’ research, the industry is very profitable. (Corrections Corporation of America had a share price of $1 in 2000; in 2013 it was $34.34.) In one representative contract, in Tennessee, CCA was guaranteed an occupancy rate of 90%, a guarantee that required frequent moves of inmates out of public facilities and into the private ones. Both the guarantee and the frequent shuffling of prisoners are evidently common.

You don’t have to be a bleeding heart to recognize that inmates–large numbers of whom have not been convicted of violent crimes– are entitled to be treated humanely. The number of fines, lawsuits and investigations into the management of these facilities strongly suggests that the profit motive takes precedence over the provision of basic medical care, nutrition and even physical safety.

Where there’s profit, there’s usually politics, and private prisons are no exception.

In 2013, the Indiana General Assembly undertook to modernize the state’s criminal code. One of the original changes would have reduced penalties for possession of small amounts of pot; however, Governor Pence intervened, insisting that penalties for marijuana possession and dealing be increased rather than decreased.

According to a news article at the time,

 One proposed change expected to be voted on Thursday would make possession of between about one third of an ounce and 10 pounds of marijuana the lowest-level felony rather than the highest-level misdemeanor. Indiana is eighth on the list of states where GEO does its spending, as it’s sunk more than $60,000 into state elections there. It specifically contributed $12,500 to the 2012 Pence campaign, which doesn’t seem like much without context. That contribution made GEO one of Pence’s top 30 corporate contributors, ranking in front of US Steel Corp, Caterpillar, and Koch Industries.

When prisons are profit centers, the incentives are all perverse. 

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May Your Tribe Decrease

In a recent column, Dana Milbank of the Washington Post reported on a social science study that came to some surprising (and depressing) conclusions:

Up until the mid-1980s, the typical American held the view that partisans on the other side operated with good intentions. But that has changed in dramatic fashion, as a study published last year by Stanford and Princeton researchers demonstrates.

It has long been agreed that race is the deepest divide in American society. But that is no longer true, say Shanto Iyengar and Sean Westwood, the academics who led the study. Using a variety of social science methods (for example, having study participants review résumés of people that make both their race and party affiliation clear), they document that “the level of partisan animus in the American public exceeds racial hostility.”

Americans now discriminate more on the basis of party than on race, gender or any of the other divides we typically think of — and that discrimination extends beyond politics into personal relationships and non-political behaviors. Americans increasingly live in neighborhoods with like-minded partisans, marry fellow partisans and disapprove of their children marrying mates from the other party, and they are more likely to choose partners based on partisanship than physical or personality attributes.

The tendency to live among people who share one’s general outlook was highlighted in Bill Bishop’s book The Big Sort, and together with partisan redistricting–gerrymandering–it has resulted in the election of lawmakers whose only allegiance is to the deep-red or deep-blue character of their districts; that in turn has made it virtually impossible for “establishment” politicians to control them. The intransigence (and far too often, blinding stupidity) of these hyper-partisan warriors feeds the tribalism described in the study.

The authors of the study reportedly had no suggestions for how we might close the partisan gap.

In their great 2004 rant, The Urban Archipelago, the editors of The Stranger  looked at the electoral map and saw red and blue America as a rural/urban phenomenon–islands of blue floating in seas of red. They had lots of theories about why city folks were “blue,” and the whole essay is a good read, but if they are correct–and subsequent elections have confirmed the archipelago’s persistence–the ultimate remedy for our partisan tribalism may be demographic: the U.S. population has been migrating steadily to more metropolitan areas and hollowing out great swathes of rural America.

According to the theory, at least, neighbors are less likely to demonize each other.

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