Tag Archives: culture war

Fight the Culture War on Your Own Nickel, Greg

I thought I’d share a letter that Bill Groth and I wrote to the editor of the Star, published today (at least in the electronic version), for the benefit of the growing number of people who no longer read that publication.

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To the Editor:

Attorney General Greg Zeller recently had a letter in The Indianapolis Star defending his decision to file yet another friend-of-the-court brief in the U.S. Supreme Court—this time, in a case from New York challenging the conduct of legislative prayer.

Whether one agrees or disagrees with the Attorney General’s position on the merits, his entirely voluntary participation in this case raises an issue that troubles us as attorneys and as taxpayers. Simply stated, Attorney General Zeller has shown an unseemly proclivity to weigh in—ostensibly on behalf of all Hoosiers—on so-called “culture war” issues entirely unrelated to Indiana. This time, it’s public prayer;  a few months ago, it was opposition to federal recognition of same-sex marriages performed in states where such marriages are legal.

These forays into matters not involving Indiana or its citizens may play well with the Republican party’s religiously conservative base, but they do not serve the interests of the broader Indiana community. Indiana was not a party to those cases, and it was entirely unnecessary to take a side in matters about which Hoosiers remain sharply divided.

Zeller defended his culture war activism by noting his office “routinely” files friend-of-court briefs.  This is precisely what concerns us.  Just as courts exercise judicial restraint and refrain from deciding issues not squarely before them, we believe that Attorney General Zeller should show similar restraint by not volunteering Indiana as a partisan “culture warrior” in cases to which the state is not a party.  He claims no tax money is involved in the preparation of these briefs, because his staff researches and writes them. That staff, of course, is paid with Hoosiers’ tax dollars.

If lawyers in the office have enough spare time to work on numerous legal matters not germane to state business, it would seem the office is overstaffed.

Attorney General Zeller denies he is advocating any personal position and is only seeking “finality” on this and other controversial issues.  But as any lawyer can attest, and the Attorney General surely knows, issues of this sort are never “final.”  It is hard to escape the conclusion that Attorney General Zeller is using his public office to advocate for his personal religious views—views that are highly divisive in an increasingly pluralistic society. Such use of an elected office is improper, and it should stop.

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Signs of Improvement

The U.S. left Iraq (mostly) over a year ago. We seem to finally be departing Afghanistan. And yesterday brought welcome signs that yet another war is ending: the Culture War. (This must be Eric Miller’s worst nightmare…)

Nationally, there were reports in several news outlets to the effect that the Boy Scouts would abandon their ban on gay Scout leaders, and allow each troop to decide such policies for itself. Given the fact that the national organization felt strongly enough to take its case to the Supreme Court not all that long ago–where they made the argument that being straight was an essential and defining characteristic of “scout-ness”– this is quite the turn-around. The cynic in me notes that Scouting lost a lot of members in the wake of that case, and that it generated a new, competing organization, “Scouting for All.” Nevertheless, the Boy Scouts have stubbornly persisted in this position, reaffirming it as recently as a few months ago.

So–I’d say this is a big deal, as cultural markers go.

Here in Indiana, there are signs that our legislators–so hell-bent on protecting my heterosexual marriage from the certain doom that would befall it if same-sex couples weren’t conclusively banned from the institution–have seemingly misplaced their sense of urgency over the need to insert a ban into the State’s constitution.

Republican leaders who previously insisted that the prospect of same-sex marriage was an existential threat are reportedly assigning a lower priority to the matter this year. Senators who had previously highlighted their opposition to both same-sex marriage and civil unions–not to mention anything that looked remotely, sorta, kinda like marriage–are expressing doubts about the much-debated “second sentence” of the current language of the ban. And several Senators are actually advocating prudence, suggesting that it would be wiser to delay action and wait for the Supreme Court’s decision in cases it will decide this term.

Even in Indiana, the electoral calculus has changed. Homophobia and mean-spirited attacks on gay folks aren’t the surefire winners they used to be.

We Americans can be slow learners, but just maybe we’ve figured out that–both at home and abroad–some wars are misplaced, and others aren’t worth fighting.

The Long Game

I rarely watch daytime or weekend television, but I caught a really thought-provoking discussion earlier this morning. “Up with Chris Hayes” had a panel discussing–what else?–the recent conventions. This discussion was a bit different, however; it began with Hayes’ observation about a shift in the tone of Americans’ interminable “culture war.”

Hayes noted something that had struck me as well: whereas in previous election cycles, the Republicans had been the “aggressors” on culture war issues and the Democrats had largely been defensive, this year the roles were reversed. Whatever their message to the rabid base, in public Republicans ran away from the rhetoric of folks like Scott Akin, pooh-poohed the notion that they were anti-contraception (personhood amendment? what personhood amendment?), barely mentioned same-sex marriage, and tried to obscure their position on immigration by highlighting their most prominent Latino, Marco Rubio.

The Democrats, on the other hand, mounted a pretty full-throated defense of reproductive rights, trumpeted their platform’s endorsement of same-sex marriage, and even featured a young speaker who personally benefitted from the President’s “Dream Act Lite” Executive Order.

The turnaround, when you think about it, was pretty extraordinary.

It would be nice to think that Democrats’ willingness to champion these issues was evidence that the party has grown a spine, but let’s get real. I can guarantee that each of these decisions was based upon extensive polling and focus group results–just as the GOP’s decision to soft-pedal and obscure their own views undoubtedly was. These decisions reflected profound changes in public opinion, as Stan Greenberg, the Democratic pollster on the panel, confirmed. The Democrats have pretty much won the culture wars. (When my generation dies off, the victory will be complete.)

This discussion elicited a really interesting observation from one of the panelists, who described the Democratic strategy as long-term, and the GOPs as short-term. The Republicans are arguing that their candidate is more competent to manage the economy. Even if they are able to win this election with that argument, their next candidate may be viewed as competent or not–it’s an argument that will have to be made “from scratch.” The Democrats are arguing that they are the party better able to manage America–the party that will better reflect the economic and social needs and beliefs of women, immigrants, GLBT folks and the middle class. If they maintain that image, it is an identity will serve the party into the future.

They are playing the demographic long game.

Republicans know the demographics are against them–at least, against what the once Grand Old Party has become.

If this is, as many pundits insist, a “base” election, the election of 2012 will come down to turnout, and the Democratic base is already much larger than the Republican base. Hence the almost frantic efforts to disenfranchise poor and minority voters and constrict voting hours. Hence the gazillions of dollars being poured into the Presidential and Congressional campaigns. Those tactics might work this time, although I’m increasingly inclined to think they won’t, but   the culture is moving fast and in a direction that makes future victories unlikely in the absence of a move back toward the political center.

Of course, a Romney reprise of the George W. Bush Administration can do a lot of damage in the short term.

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Cultural Whiplash

Who are we supposed to believe, our lying eyes or the polls?

On the one hand, efforts to marginalize gays—to label them as permanently “other,” as second or third-class citizens—have heated up since the advent of the Tea Party and the 2010 elections. Here in Indiana, we have seen the resurrection of efforts to constitutionalize a ban against same-sex marriage, an effort that has been dutifully endorsed by the majority party, and seems likely to pass during this legislative session.

Fortunately, the Indiana Constitution requires that proposed amendments be passed—in identical form—by two separately elected legislatures, so there’s hope it can still be defeated.  There is no similar roadblock to an equally hateful anti-immigration provision, modeled upon Arizona’s law, or to measures aimed at rolling back women’s right to control their own reproduction.

Other states seem fixated on efforts to exclude and demonize Muslims. The most ludicrous are measures passed by several states that outlaw the imposition of Sharia law—thus “solving” an absolutely non-existent problem.

In the U.S. Congress, a number of anti-woman measures are part of what appears to be a full-court press to repeal the 21st—and maybe the 20th—century. Newly elected ideologues are voting against science (the 31 Republican members of the House Energy Committee voted that global climate change doesn’t exist and besides, it isn’t caused by human activity) and economic reality (trying to reduce the deficit by refusing to raise taxes on even our richest citizens, and passing cuts likely to reduce revenues further by throwing the economy back into recession).

Looking at the news these days is a prescription for depression. Who are these people we’ve elected, and why are they actively trying to repeal the Enlightenment and destroy everything that makes America great? Are they insane, or just really, really ignorant?  What does it say about us that we elected these buffoons?

And yet.

Several recent surveys from respected pollsters have shown a slight majority of Americans in favor of same-sex marriage. An overwhelming majority favors legislation that would forbid employers from firing people simply because they are gay. The same Congress that seems to be trying to put women back in the kitchen, barefoot and pregnant, did repeal Don’t Ask, Don’t Tell. The Department of Justice has confirmed what seemed pretty obvious to many of us—that the Defense of Marriage Act is unconstitutional—and consequently, announced that DOJ won’t defend it in court. Even Arizona appears to be backing off its hateful anti-immigration campaign—not because Arizona legislators have suddenly come to their senses, but because their bigotry has cost the state millions in lost business and tourism. Nice people decided to spend their money elsewhere—and it turned out there are a lot of nice people.

In short, the politics of equality is decidedly mixed. If we look for evidence of progress, there’s plenty to see. If we look for evidence that we are regressing, we’ll see that too. If we look at the whole picture, we get whiplash.

I cling to one amply documented bit of evidence: every poll, every survey, shows that the younger generation—those under 35 or so—are more tolerant, more accepting of difference, more at ease in a multi-ethnic, multi-cultural world.

So when my generation is gone, things will improve. Unfortunately, a lot of people will be hurt while we’re waiting.

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