God and Caesar

In his regular Monday e-letter today, noted theologian Martin Marty tackles the recent uproar over HHS regulations requiring religious institutions—including charities, hospitals and schools–to provide health insurance to their employees that covers some procedures with which their church and members disagree. He notes that this sort of conflict between government rule making and religious dogma is hardly new.

“We could have added any number of others that had to do with the collision of interests pitting “the common good” versus “individual freedom,” especially freedom of religion. Pasteurization of milk, vaccination, and chlorination of water were among them. Beyond the needs of the body but dealing with the body politic have been vast numbers of others: the military draft, Sabbath and Sunday laws, and compulsory flag-salutes were or are among them. Often small religious groups best raise conscience matters. Jehovah’s Witnesses, Christian Scientists, Scientist, Seventh-Day Adventists, Latter-Day Saints, the Amish. None of the issues could be resolved to everyone’s satisfaction, so majorities of voters or legislatures or justices ruled. This means that they used “coercion against conscience,” driving some citizens to inconvenience and prison. There were often accommodations and compromises along the way. Somehow the republic survived.”

 These are uncomfortable issues, because they don’t fall neatly into the American presumption that every argument has a “right side” and a “wrong side.” In these situations, policymakers are faced with a conflict of rights. 

Citizens have the right to believe as they see fit, although the practice of those beliefs has often been curtailed by the courts. You can believe in smoking peyote, for example, but if “laws of general application” forbid drug use, you can’t actually smoke it. (For what it’s worth, I think the Court was wrong in that case, but what if your religion required sacrificing your first-born? Certainly, the government could intervene.) The law requires parents to provide medical treatment to their seriously ill children even when their religion rejects such treatment.  Etc.

The conflict, as Marty points out, is between what we believe to be necessary for the public good and respect for the beliefs of all citizens. The resolution of that conflict requires us to exercise restraint–it is not enough to say “the majority of people want this.” The Bill of Rights is–as I keep telling students–a counter-majoritarian document. In America, the majority does not always rule. We are obliged to respect the beliefs and practices of people with whom we disagree so long as those beliefs and practices do not harm others.

What constitutes harm, as Marty reminds us, has been a matter of debate throughout American history.

In this case, the harm was to the many thousands of employees of religious organizations who don’t share that organization’s beliefs. Should a Protestant nurse working in a Catholic hospital be denied coverage for birth control, when such coverage is required in other places of employment? On the other hand, should the religious employer providing that insurance be forced to enable her use of contraception? What does respect for individual rights and religious liberty require?

I tend to feel the Administration made the right call on this particular issue, but in a country that truly respects religious autonomy, these conflicts between God and Caesar are never inconsequential.

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Good Question

A friend has shared with me a letter written by U.S. Representative Henry Waxman to one Deborah Holt. The crux of the inquiry is in the following paragraphs:

“According to lobbying disclosure documents filed with the U.S. Senate, you were retained by the State of Indiana to lobby regarding the proposed Keystone XL pipeline. I al11 writing to request a briefing in order to better understand the State of Indiana’s interest in Keystone XL.

On January 24, 201 2, in responding to President Obama’s State of the Union address, Indiana Governor Mitch Daniels criticized President Obama’s recent decision to deny a permit for the proposed Keystone XL oil pipeline. I I have subsequently learned that in the fourth quarter of 2011 you received $50,500 in state taxpayer funds as a lobbyist for the State of Indiana, including for lobbying related to Keystone XL. 2 This seems unusual as the State does not have an obvious interest in seeing the Keystone XL project constructed. The proposed route for the Keystone XL pipeline does not pass through the State of Indiana, nor does it come close to the State’s borders; the nearest the:proposed route would approach would be hundreds of miles away in Nebraska and Kansas. Indiana facilities would not have access to the pipeline, nor would it appear that Indiana would particularly benefit from any economic activity associated with the construction of the pipeline. According to reports, TransCanada has contracted to purchase its steel from India – not from u.s.steel producers. The State of indiana thus appears to receive no clear benefit from the construction of the Keystone XL pipeline.”

Waxman goes on to quote the Canadian company building the pipeline to the effect that the project will increase oil prices in Indiana and several other states, so consumer concerns were evidently not a motivation for this interesting use of taxpayer dollars.

The amount of money involved is not great, but in a down economy, when Indiana taxpayers are being told we lack money for public education and other public services, when our fiscal shortfall is the reason Governor Daniels has given for laying off government workers, why are we spending scarce public dollars lobbying for a project that will not benefit us, and in which we appear to have no articulable interest?

Inquiring minds want to know.

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The Monster Under the Bed

Parents of small children are familiar with the phenomenon. A few minutes after turning the lights out, a fearful cry comes from the bedroom: there’s a monster under my bed! That is typically followed by a parental “sweep” of the under-bed real estate and assurances that the room is safe for “night-night.”

But what do you do when the terrified child is—physically, at least—an adult?

As American politics has descended into farcical territory, the role played by fear has become increasingly obvious.

To some extent, of course, all of us are disoriented by the pace of social and economic change. But for some subset of our citizens, complexity and ambiguity are the monsters under the bed. As one of my sons observed a few weeks back, when we were scratching our heads over an especially egregious bit of political buffoonery, very scared people desperately crave certainty in a world that has none. They need a bipolar, black and white world in which good and evil, God and the Devil are clearly labeled and easily identified. The enemy is not so much the “Other” (immigrants, gays, African-Americans) as it is the relativism that their acceptance represents.

Which brings me to the folks currently insisting that public transportation and environmental protection are part of a United Nations “agenda” (not to be confused with the “gay agenda”) to destroy American liberty.

According to a story in today’s New York Times, activists with ties to the Tea Party are rallying against local and state efforts to control sprawl and conserve energy. As the Times article put it “They brand government action for things like expanding public transportation routes and preserving open space as part of a United Nations-led conspiracy to deny property rights and herd citizens toward cities. They are showing up at planning meetings to denounce bike lanes on public streets and smart meters on home appliances — efforts they equate to a big-government blueprint against individual rights.”

The designated Monster-Under-the-Bed in this case is a non-binding 1992 UN resolution encouraging resource conservation. Fox News and various activists have identified that resolution (unfortunate titled “Agenda 21”) as an effort to encourage urban living and density in order to strip away property rights. To denizens of this paranoid universe, public transit, bike lanes and smart meters–devices being installed by utility companies to collect information on energy use—are all part of this nefarious plan.

When the less conspiratorial among us hear these stories, our natural inclination is to shrug and laugh, but these protests are having an effect. The Times reports that they were successful in shutting down Maine’s efforts to reduce congestion on Route 1, and deep-sixing Florida’s high-speed rail plan, among others.

There are, of course, genuine issues raised by the movement of more Americans to cities. Urban dwellers are by necessity confronted with trade-offs that rarely confront more rural folks.  We need to make accommodations for the needs of our neighbors, and we need to make policies that serve whole communities—policies that will inevitably irritate some and satisfy others. Those realities do constrain us. I live in a historic district, for example, where I have to obtain approval to paint my house a different color. Does that limit my property rights? Sure.

There is not only nothing wrong with discussing and debating the trade-offs that come with living in modern industrialized societies, it is a conversation that is absolutely critical. But like all such debates, it needs to be conducted by adults and informed by reason and evidence.

The world is scary enough without inventing monsters to fear.

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Hijacking the Mission

There is little I can add to the heated discussion about the Komen Foundation’s decision to withdraw funding for breast examinations done by Planned Parenthood. If the reports are accurate, the decision reflects the fact that the Foundation is currently controlled by political conservatives hostile to Planned Parenthood, and that hostility trumped concerns for women’s health. (Or in the alternative–according to this blogger–the organization has never been a bona fide charity, in which case you can skip the rest of this post.)

Those of us who have been supportive of both Komen and Planned Parenthood can obviously decide how this recent decision will affect our individual giving decisions. Whether one likes or dislikes Planned Parenthood, however, this widely publicized episode should serve as a cautionary tale for all nonprofit and voluntary ventures.

Nonprofit organizations are “mission driven.” They have been created to fill a perceived civic need: perhaps it’s environmental advocacy,  or protection of civil liberties, or helping the poor, or–as in this case–raising money for research into the causes of a particular disease in order to find a cure. Those who teach nonprofit management–as we do at the School of Public and Environmental Affairs–repeatedly emphasize the importance of fidelity to the organizational mission, and the unfortunate consequences of so-called “mission creep.”

Mission creep usually occurs as a result of dependence on a large funding source; rather than risk losing the money, the organization adapts itself to the wishes of the funder, which may not be entirely consistent with the original mission. But that isn’t the only way a nonprofit organization can lose its way, as this controversy demonstrates.

The Komen Foundation is supposed to be about curing breast cancer. Period. That is its mission, the reason for its very existence. Fidelity to that mission requires a singular focus, and a refusal to become embroiled in political or ideological issues that can detract from the mission and diminish public support.

Anyone who understands the function of nonprofit organizations and their place in civil society could have predicted the firestorm that has erupted. There is no upside to this debacle. The Foundation may continue to exist, but the (self-inflicted) damage will be long-lasting.

By allowing ideologues to hijack its mission, Komen has hurt itself, and–far more consequentially–set back the “race” for the cure.

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Dealing with the Embarrassment

I logged onto the Star’s front page this morning, only to discover that Matt Tully had already written my intended post.

It’s embarrassing. Even those of us who hate football have to be impressed with the skill and energy and sheer hard work that has gone into SuperBowl preparations. Even those of us who disagree with the city’s persistent prioritizing of sports arenas over, say, schools and parks, have to be impressed–and considerably mollified–by the use of this particular sporting event to trigger reinvestment in the near-Eastside neighborhood. And even Indy dwellers who are urbanists with a permanent sense of our inferiority to great cities like Chicago and New York have to take pride in the ability of Indianapolis to rally thousands of volunteers, master complex logistics, and throw one hell of a party. (I just passed the amazing ice sculpture of the New York skyline that appeared overnight next to the firehouse on Mass Avenue. Very cool–in both senses of the word!)

And then there’s our legislature.

Tully compares the General Assembly to that weird cousin everyone has, and asks visitors to simply discount them. And there is certainly more than a grain of truth in that observation. Just like the weird cousin who is so fixated on his collection of Star Wars figurines he can’t carry on an adult conversation, Indiana’s lawmakers are so firmly rooted in their alternate realities they can’t be bothered to do the state’s business. After all, if they paid attention to water pollution or public transportation, who would undermine science education or ensure the proper singing of the national anthem?

That said, the spectacle that is the Indiana General Assembly can’t all be attributed to its rampant assault on science and reason. The anti-Indianapolis resentment that has long characterized our state legislature has played a prominent role, and it has been aided and abetted by a Governor who knew exactly what he was doing.

A video of a speech Mitch Daniels gave barely a year ago has been all over Facebook and local blogs; it shows the Governor disclaiming any interest in proposing a “divisive” Right to Work law, which he accurately described as something that would set off a “civil war.” Leaving aside the merits–or lack thereof–of the law itself, why would the Governor reverse himself and promote a measure he clearly knew would enrage thousands of Hoosiers at the very time the state capitol would be hosting the SuperBowl?

Hosting an event of this magnitude is a once-in-a-generation opportunity to put our best foot forward, to use our brief visibility to impress potential visitors and employers. It’s bad enough that the usual buffoonery at the statehouse is an embarrassment, potentially undermining the efforts of countless volunteers. It’s inexcusable that the Governor and Speaker–who actually do have IQs–preferred an opportunity to weaken Indiana’s few remaining unions over a chance to support the efforts of citizens who have worked countless hours to host this event.

At the end of the day and despite our sorry excuse for state government, Indianapolis will still shine. Most visitors will accept Tully’s (apt) characterization of our horrendous legislature, if they think about it at all. But those of us who live in Central Indiana need to remember who embarrassed us in February–and we need to deal with them in November.

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