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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To Continue My Rant…

I know I’m harping on this, but yesterday a commenter suggested that religious liberty should trump other social goods. (Not his phrasing, but the consequence of his demands.)

That isn’t the law, but more importantly, it isn’t good philosophy either.

Back before so many libertarians made common cause with social conservatives on culture-war issues, and others turned a small-government philosophy into an anti-tax, anti-government cult, I identified as libertarian. The libertarian principle is (deceptively) simple: we each have the right to “do our own thing”– to live our lives as we see fit, free of government interference– so long as we do not harm the person or property of a non-consenting other, and so long as we are willing to extend an equal liberty to others. 

The caveats that follow the “so long as” phrase are important. And they have a critical bearing on the so-called “religious liberty” bills like the one I posted about yesterday– measures to “protect” businesspeople who who defend discrimination against LGBT employees or customers by citing their “deeply-held and sincere religious beliefs.”

As I noted yesterday, similar efforts followed the 1964 Civil Rights Act; then it was a “sincere religious belief” that God wanted to keep the races separate. The courts didn’t buy that argument then, and they are unlikely to buy it now.

As I have written previously, there is a reciprocal relationship–a social contract– between government and its citizens. Government collects taxes from all of us, no matter our race, religion or sexual orientation, and uses those tax dollars to provide public services. The services we taxpayers finance provide an essential infrastructure for American commercial activity.

Businesses ship their goods to market over roads we paid for. They are protected by police and fire departments supported by our tax dollars. Public transportation and sidewalks bring workers and customers to their premises. The deal is, businesses get the benefit of the infrastructure supplied by our taxes, and in return, agree not to discriminate on the basis of race, gender, religion and other markers of group identity.

We can and should argue about the nature and scope of the services government provides, but few people really want to revoke the social contract, dispense with government and return to a Hobbesian state of nature.

Religious liberty is capacious. It allows you to hold any beliefs you want. It allows you to preach those beliefs in the streets, and to refuse to socialize with people of whom you disapprove. It gives you the right to observe the rules of your particular religion in your home and church and social circle without government interference. It gives you a broad right to “do your own religious thing” until you harm someone else, and so long as you respect the right of other people to do their “own thing.” Which “thing” may be different from yours.

Religious liberty doesn’t include the right to disadvantage people who should be entitled to equal treatment, or to use the power of the state to impose some people’s beliefs on everyone else.

Neither the libertarian principle nor the social contract defines “religious liberty” as a right to pick and choose which parts of the social contract you will honor and which ones you will disregard.

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Mike Delph and “Religious Freedom”

It’s deja vu all over again.

Mike Delph–whose hysterical (in both senses of the word) tweets in the wake of the failure of HR3 left no room for doubt about his feverish homophobia–has introduced a bill to protect “religious” folks from having to recognize the civil rights of LGBT citizens. [Update: Evidently that other “religious warrior,” Scott Schneider, authored this particular bill. Given Delph’s legislative history, you can understand how I made the mistake…]

(I’m sure Schneider is equally anxious to protect good Christians from being forced to do business with unwed fornicators, bearers of false witness, adulterers and other sinful folks. That bill will undoubtedly be introduced any day now. Not.)

My friend Bill Groth, a highly respected lawyer who frequently litigates constitutional issues, reminded me via a Facebook post that we’ve seen this movie before. In Newman v. Piggie Park Enterprises, Inc. the Court wrote:

” The free exercise of one’s beliefs…is subject to regulation when religious acts require accommodation to society. Undoubtedly Bessinger has a constitutional right to espouse the religious beliefs of his own choosing, however, he does not have the absolute right to exercise and practice such beliefs in utter disregard of the clear constitutional rights of other citizens. This court refuses to lend credence or support to his position that he has a constitutional right to refuse to serve members of the Negro race in his business establishments upon the ground that to do so would violate his sacred religious beliefs.” 

Newman was decided in 1968.

The identity of the people who we are being asked to classify as second-class citizens may have changed, but the desire to justify bigotry in the name of religion sure hasn’t.

Fortunately, on this issue, that pesky Constitution this proposal ignores hasn’t changed either.

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Socializing Risk, Privatizing Profit and Evading Referenda

Let’s talk about the proposed Criminal Justice Center, shall we?

First: I think the project itself makes all kinds of sense.

Second: The way it is being planned, financed and constructed makes no sense at all–if by “making sense” we mean serving the public interest and creating a long-term public asset.

It’s the parking meter fiasco redux. The city could have upgraded the meters for a relatively reasonable sum, raised the rates as the vendor did, and retained additional millions of dollars to be used for public purposes. Instead, we enriched a private contractor and ceded control of our parking infrastructure for fifty years.

The proposed approach to the construction of the Justice Center promises to be far, far worse, because all of the incentives are perverse. The current plan (to the extent the Administration has shared any information, which it has been largely unwilling to do) has private developers designing, constructing and financing the center, then leasing it to the city.

The “virtue” of this approach is simple: the Administration has devised a clever financing mechanism that allows it to avoid the pesky requirement of a public referendum and the level of public scrutiny such a referendum would require. (Any project that would result in taxes exceeding the now-constitutional tax cap must be submitted to public vote.)

The defects of this approach are numerous.

  • It will cost more. Cities with excellent credit ratings (Indy’s is triple A) can borrow money at lower rates than private entities.  I’m told the interest rate spread is at least 2%; on 500 million dollars, that’s a chunk of change. Furthermore, private entities must include a profit (and usually cover taxes) in the quoted price.
  • That need to build in a profit margin is a powerful incentive to cut corners on design and construction–decisions will be based on return on investment considerations rather than quality and/or the long-term value of what will eventually be a public asset. (As my husband says, public financing gives us buildings like the old Federal Courthouse; leasebacks give us buildings like the post office on South Street.)
  • Public projects of this size and scale provide lots of opportunities for crony capitalism–for spreading the goodies among one’s political donors and friends.

And there remain important unanswered questions.

For example, what happens if the City defaults, or finds future revenues insufficient to make lease payments high enough to cover those higher costs? The Administration’s estimate of available revenues includes some highly problematic “savings” it anticipates by reason of the new construction. Which City services will be sacrificed to ensure that the required payments are made? Will our already underfunded public safety budget be cut? Will even more roads go uncleared or unrepaired? Will our public parks be even more neglected?

The problem with “deals” like this one– delivered to the City Council as “take it or leave it” propositions with no meaningful opportunity to ask tough questions or consider potentially superior approaches–is that we taxpayers get stuck with decades-long liabilities agreed to in the dark by people who will be long gone when the bills come due.

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