Wow..Talk About Your Double Standards!

The Supreme Court recently announced it will hear pending same-sex marriage cases, prompting the increasingly unhinged American Family Association to issue a press release titled “Kagan and Ginsburg: Recuse Yourselves!”

Both of these justices’ personal and private actions that actively endorse gay marriage clearly indicate how they would vote on same-sex marriage cases before the Supreme Court,” said AFA President Tim Wildmon. “Congress has directed that federal judicial officers must disqualify themselves from hearing cases in specified circumstances. Both Kagan and Ginsburg have not only been partial to same-sex marriage but they have also proven themselves to be activists in favor of it. In order to ensure the Court’s integrity and impartiality, both should recuse themselves from same-sex marriage cases. Congress has an obligation to Americans to see that members of the Supreme Court are held to the highest standards of integrity. The law demands it, and the people deserve it.

Because Scalia and Thomas haven’t given us any hints about their approach to the subject..cough, cough. (One of Scalia’s sons directs an Ex-gay “reparative therapy” group, and has declared that homosexuality doesn’t really exist.)

A few observations: first, judges (including Scalia) are entitled to have personal opinions. What we have a right to expect is that they will render decisions based upon precedent and sound constitutional analysis, rather than twisting their legal analyses to fit their policy preferences. (Hint: Ginsburg and Kagan are not the Justices most often accused of that behavior.)

Second–where were these defenders of “high standards of integrity” when their fellow-travelers Scalia and Thomas had frequent, obvious and quite real conflicts of interest?

Both Scalia and Thomas accepted speaking engagements (including cushy travel and accommodations) before ideological groups funded by the Koch brothers, although there were cases pending before the Court in which the Kochs were deeply interested.

Scalia went hunting with then Vice-President Cheney at the same time that Cheney was party to a case before the Court (another one of his sons technically worked for Cheney at the same time, as top lawyer in the Bush Administration’s Labor Department); Thomas has refused to recuse himself in cases where the outcome was very important to the (ideological) organization employing his wife. If a lower court judge refused to recuse under such circumstances, that judge would be sanctioned under the rules cited by the AFA.

I have news for the AFA: being a nice human being while serving on the Supreme Court (the conduct of which Kagan and Ginsberg are guilty) is not how we define a conflict of interest. Even being an narcissistic asshole (Scalia) or a petulant advocate of long-discarded constitutional theories  (Thomas) while serving on the Court is not a conflict.

Refusing to recuse yourself from cases in which you or your spouse have a direct financial interest, or from cases to which your hunting buddy is a party, is.

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Religious Voices Sing Different Tunes

There’s a central insight that gets lost in those fabricated “wars” on Christmas and the purported victimization of “people of (Christian) faith.”

The really consequential religious battles aren’t those that occur between us secular folks and adherents of various religious communities. They aren’t even the conflicts between followers of different religions.

The real dividing line is between people who look to their religion for guidance about the nature of the good, and those who see in dogma a tool for exercising power and/or asserting superiority.

The religious folks I admire strive to “do justice, love mercy, and walk humbly with their Lord” (to appropriate a phrase from Jewish liturgy). These are people who aren’t consumed with moral certainty or pumped up with self-righteousness; they’re people looking for wisdom in managing their relationships to each other and the planet, people who understand that there are many paths to a good life, and many good people on paths different from their own.

Then there are those who use religion primarily to advance their own temporal prospects, and the zealots to whom they appeal– angry, insecure people for whom religion is expressed in fundamentalism and intolerance.

Recently, these two incompatible approaches met in Louisiana. I give you Bobby Jindal and the awesome counter to his blatant politicizing of religion. 

A group of religious leaders has scheduled a prayer rally at Southern University to rival Gov. Bobby Jindal‘s religious gathering — officially called The Response — at LSU.

The prayer rally  at Southern University will take place in the Felton G. Clark Center (Mini Dome) on the same day, Jan. 24, as Jindal’s event at the Peter Maravich Assembly Center (PMAC) on LSU’s campus. The Southern gathering is being called the “Prayer Rally for the Soul of Louisiana.”

Organizers of the Southern event have said they will focus on Louisiana’s mass incarceration rate, Medicaid expansion and the state’s failing education system. The list of issues may be a personal critique of Jindal’s tenure as governor. For example, the governor has consistently refused to accept federal dollars to expand the Medicaid program in Louisiana, even as other Republican governors have done so.

Jindal has come under criticism for holding The Response at a public facility on LSU’s campus. Some question whether the event, which is overtly Christian, should be held in a government building. Other criticism has to do with sponsor for The Response — the American Family Association (AFA) — which holds controversial views about homosexuality, Eric Garner’s death and freedom of speech. An initial prayer guide released for The Response linked the rise of same-sex marriage to Hurricane Katrina and other disasters.

If more genuinely religious folks protested the hijacking of religion for political purposes, religion might be more appealing to the growing number of Americans who are throwing the baby of spiritual exploration out with the bathwater of bigotry.

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Testing…

I used to introduce my undergraduate Law and Public Policy class by administering a test–20 questions drawn from the citizenship test immigrants have to pass in order to become U.S. citizens.

I stopped because it was too depressing. Foreign students regularly passed the test; native-born students just as routinely failed it. So I’ve been intrigued by the recent effort to require American kids to pass the test in order to graduate from high school. Arizona was the first state to pass such a measure, and Sen. Kruse has advocated doing so in Indiana. 

Similar measures are under consideration in 15 states, according to Sam Stone, political director for the Civics Education Initiative, an Arizona-based non-profit group that is lobbying for the civics test across the country.

Stone told the newspaper that about 92 percent of immigrants applying for U.S. citizenship pass the test on their first try, but as few as 5 percent of high school students passed the test.

“Those are really poor numbers,” he said. “No matter how much knowledge you have, if you don’t know how to use that knowledge within our system of government, it’s not much good,” he said. “Our government was designed to be run by informed, engaged citizens. We have an incredibly dangerous form of government for people who don’t know how it works.”

No kidding!

So what are the pros and cons of requiring the citizenship test? The biggest pro is pretty obvious: it shines an important light on this country’s abysmal neglect of civic education. At the very least, students will have to learn the material covered by the test. If the past few years of high-stakes testing have shown us anything, it is that we don’t teach anything that isn’t tested.

And that leads to the “con.” A quibble, really.

In this era of “reform,” schools teach to the test, and a number of the questions on this particular test have a very tenuous connection to how our government actually works. (Knowing the date the Declaration of Independence was signed is nice, but distinguishing between the Declaration and the Constitution and understanding the role of each is more central to informed citizenship.) I would hope that passage of the measure–which I support!–would include a provision for updating the test as research gives us more information about what sorts of knowledge correlate most closely to civic participation and literacy.

But by all means, let’s send the message to young Americans that we expect them to actually know something about the country they will ultimately control.

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Documenting History

Today is Martin Luther King Day–an appropriate time to think about civil rights and the importance of remembering our history, not just for African-Americans, but for all of us.

It is profoundly depressing to initiate a discussion with undergraduate students and discover that they know very little about American history and government. It’s particularly galling when–as happened again just last week– African-American students look at me blankly when I ask what the 13th Amendment did, and then proceed to demonstrate only the foggiest familiarity with the civil rights movement.

There is a lesson here for the gay community: while the community embraces the sea change in attitudes toward LGBT folks (even in Indiana, Mike Delph and Scott Schneider notwithstanding), that change should not mean losing touch with a rich, albeit difficult, history.

Fortunately, the Indiana Historical Society understands the need to document and safeguard that history. The Society has launched The Indiana LGBT Collecting Initiative, to “collect, preserve and make accessible archival material that documents the rich history, tradition and culture of the gay community in Indiana.”

The first phase of this initiative is an Oral History Project; local photographer Mark Lee has been videotaping interviews with various individuals who have been part of the struggle to achieve equality for LGBT Hoosiers. Those interviews are being transcribed, digitized and made available as part of the collection.

The Historical Society is also looking for all sorts of “archival” materials: books, magazines, letters, photographs–anything that will help document and preserve the history of gay people in Indiana.

If anyone reading this blog post has such items, I encourage you to send them to the Historical Society, 450 W. Ohio Street, 46202, attention Eric Mundell. And tell a friend.

I think it was Santayana who warned that those who forget their history are doomed to repeat it.

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At Least We Aren’t Kansas….

States are often referred to as “laboratories of democracy,” a phrase coined by Supreme Court Justice Louis Brandeis. Although we might debate the utility of a federalist system in our shrinking, ever-more-connected world, it is certainly the case that different states pursue different policies and that the experience of, say, State A may have useful lessons for State B.

It is also the case that Governors tend to portray their own states in rosy terms.  In Indiana, the last couple of administrations have certainly “accentuated the positive” and “eliminated the negative.” Scholars and policymakers seeking to evaluate the claims must go beyond the hype and ask inconvenient questions. (It’s wonderful that you brought the XYZ company to Indiana, but doesn’t it pay minimum wage and hire only part-time workers to avoid offering benefits?)

 Which brings me to a recent report issued by Indiana’s Institute for Working Families. (Full disclosure: I am on the Institute’s Advisory Board.)

The Institute’s focus is self-sufficiency for Hoosier families, and it conducts research and advocates policies that are calculated to achieve that goal. Every two years, it issues a report measuring the economic health of Hoosier families. This year’s report (available on its website) does not support the rosy claims made by the Administration, to put it mildly.

Despite an improving unemployment rate, the number of impoverished and low-income Hoosiers is still on the rise, median household income is
still declining and income inequality in Indiana is growing… Hoosier families have steadily lost ground, too often at clips greater than the nation and even our neighbors. The data make it clear that Hoosier families are not the fiscal envy of the nation.

The report is lengthy, thanks to copious documentation, but highlights from an accompanying Infographic tell the story: 1,015,127 Hoosiers are below the poverty level—a record high. Another 1,260, 419 live on the edge of poverty. That brings the total number of low-income Hoosiers to 2,275,546.  Indiana is home to approximately 6, 500,000 people, so slightly over a third of all Hoosier citizens are struggling.

 Since 2007, the number of low-income Hoosiers has increased 20.7%. Indiana’s number of middle and high income residents has fallen by 8.7%.

Median household income in Indiana in 2013 was $47,529—down sharply from 2000, when it was $55, 182.

Indiana’s performance cannot simply be shrugged off as a consequence of the recession. Certainly, the recession was a factor, but between 2007 and 2013, while the country as a whole experienced a 20% increase in the poverty rate, Indiana’s increase was 29.3%.

What accounts for Indiana’s dismal income figures? The Institute’s research suggests a couple of culprits. First of all, there is what the Institute calls “the jobs swap”—during the recession and its aftermath, the state steadily lost jobs in mid-and high-wage industries, while the jobs we added were low wage positions. The numbers tell that story: Indiana added 14,726 low-wage jobs between 2007 and 2013; we lost 35,814 mid-wage jobs and 23,369 high-wage jobs.

And then there was government.

 What was Indiana government doing to address the erosion of Hoosier wage levels? It was cutting public employment, trimming the social safety net–and bragging about how “right to work” and a low minimum wage had made Indiana “competitive.”

 If we are a “laboratory of democracy,” our lab experiment failed.

 On the other hand, I suppose we should be glad we aren’t Kansas…

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