Tag Archives: Indiana legislature

The Indiana Legislature in Action

When a Facebook friend posted yesterday that the Indiana House had voted 78-2 to declare the Grouseland the state’s official rifle, I was sure he was joking.

Apparently, he wasn’t.

According to news reports, the House vote followed a similar wide approval (48-2) by the Senate.  If Gov. Daniels signs it, Indiana will have the (dubious) distinction of being only the third state with an official gun.

Whoopee for us.

So let’s see if I can put this important piece of legislation into perspective. Lawmakers didn’t “have time” to consider legislation that would have allowed Indianapolis citizens to hold a referendum on public transportation–a critical element of economic development. But they did have time to debate the proper singing of the  national anthem, consider whether Girl Scouts are secret lesbian members of Planned Parenthood, and argue about who should be able to buy specialty license plates. They couldn’t manage to agree on the terms of a smoking ban that would actually protect the public health, but they were able to be virtually unanimous in designating a state gun.

Well, that will certainly make life better for those of us who live in Indiana.

Use that gun. Kill me now.

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Those Hits Keep Coming….

Ummn…how much longer must we endure this “short” legislative session?

And why are Indiana lawmakers so spooked by gay people?

This week alone, we’ve heard how the Girl Scouts are “really” in the business of producing commie feminist lesbians. Yesterday (while even  Brian Bosma was roaming the Statehouse halls passing out Girl Scout cookies and trying to distance himself from that particular bit of crazy), the Roads and Transportation Committee acted to save Indiana motorists from the calamities that would undoubtedly follow should the Bureau of Motor Vehicles allow the Indiana Youth Group to–gasp!–have a specialty license plate. (IYG supports gay youth. Oh, the shame…)

Now, in all fairness, the issuance of specialty license plates has proliferated, and there undoubtedly need to be some standards and controls. But everyone present understood the real target of the measure that would disqualify groups that “advocate for violation of federal or state law, violation of generally accepted ethical standards or societal behavioral standards or fund individual political candidates.” Furthermore, our moral stewards–er, legislators–will henceforth decide whether groups violate those rules. Can’t leave such pressing issues to the bureaucrats at the BMV.

In an effort to cloak the new rule with a veneer of impartiality, the measure requires–as a condition of approval–a burdensome amount of financial information from the petitioning nonprofits, 500 signatures of Indiana residents, and evidence of a “statewide public benefit from the use of the money the group would receive from the sale of license plates.” And each plate would have to be sponsored by a lawmaker and individually approved.

Because our elected officials don’t have anything more important to do than ensure the moral purity and “public benefit” of messages on Indiana’s license plates.

As this morning’s Star noted, “The changes come in the wake of controversy over the granting of a license plate to the Indiana Youth Group, which supports gay youths. That issue, though, was never discussed Wednesday by the House Roads and Transportation Committee.”

In order to prevent the predictable calamity that would occur if license plates bearing the legend “Indiana Youth Group” were allowed to roam freely over Indiana highways, the committee eliminated plates for the Indiana Association of Chiefs of Police, IU Health, Indiana Soccer, the Zoo, the Marine Foundation and Ducks Unlimited. (Just as well. You can’t ever tell what those ducks might be up to…)

Bottom line to all this foolishness–the legislature wants to pick and choose which organizations’ messages the state will “endorse” by allowing them to sell specialty license plates. The Free Speech clause of that pesky First Amendment says that is exactly what government cannot do. It’s called “content neutrality”–meaning that government can’t allow some messages and disallow others.

If the legislature doesn’t want let IYG operate under the same rules as everybody else, there’s no need for this sort of elaborate kabuki theater.

Just get rid of the whole damn specialty license plate program.

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Our Despicable State Legislature

What can anyone say about Indiana’s legislature that adequately captures the perversity, the stupidity and the venality of the place?

It is hard to believe the sheer amount of embarrassing antics they have managed to cram into a short session. From the patently unconstitutional (teaching creationism, really? Every court that has ever considered the matter has said the same thing–you can’t teach religion in public school science class) to the teaching of cursive (breaking news: you weren’t elected to the school board, and by the way, what happened to your pious devotion to local control?) to Right to Work (go ahead and spend zillions of dollars on slick ads promising jobs, but everyone knows this is all about hardball politics and Republicans weakening the unions because they have the votes), our elected Representatives have spent the session giving the middle finger to the citizens of Indiana.

As if they hadn’t done enough harm, they have now killed the bill that would have allowed Indianapolis to hold a referendum on whether to tax ourselves to support adequate public transportation.

Think about this. These are the lawmakers who’ve been pontificating about the importance of job creation–that’s how they’ve justified Right to Work, which–according to unbiased research–has absolutely no effect on job creation. Good public transportation, on the other hand, is a proven job creator and economic development generator.

So why the hypocrisy? Why deny the citizens of Indianapolis the right to decide for ourselves whether we are willing to pay a few extra bucks on our tax bill for decent transportation?

It is galling enough that we have to go hat in hand to the State for permission to conduct our own business. It is absolutely infuriating that the legislators whose rural districts survive by virtue of taxes generated in central Indiana–the state sales and income taxes that come primarily from the urban areas they routinely piss on–are the ones willing to kill the goose that lays their golden eggs. Our transportation bill was killed by the very people who would share the benefits without contributing to the costs.

I wish I thought we would throw these bums out in November, but Indiana political history suggests that we will go like sheep to the polls, and vote for the same old same old–after all, these are the candidates who promise to arrest immigrants, keep the “wrong” people from voting, and push gays back into the closet where they belong.

Harrison Ullmann was right: Indiana has The World’s Worst Legislature. But we elected them.

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Legislative Whack-A-Mole

As I noted in yesterday’s post, our intrepid legislators are hard at work making fools of themselves on the taxpayers’ dime. There’s the effort to ban the non-existent use of Sharia law by the state’s judiciary, a bill prescribing how school children must sing the Star Spangled Banner (no, I am not making that up–and I’m not going to say anything more about it, either–too depressing), and the effort that will not die no matter how many courts rule it unconstitutional: a bill to allow the teaching of creationism in public school science classes.

What’s wrong with this effort by Senator Kruse (he of the “no Sharia” bill)? Ah, let me count the ways.

First of all, the Supreme Court has ruled that injecting “creation science” (as the bill calls it) into public school science classrooms, is unconstitutional. The reason? “Creation science” is not science. It is religion. In fact, the courts will allow creationism to be taught in classes on comparative religion.

Proponents of teaching this religious dogma in science class consistently betray an utter lack of understanding of what science is. First of all, they use the term “theory” to suggest that evolution is “just a theory.” What they clearly do not understand is that in science, the term “theory” has a specific meaning–and that meaning is very different from the way you and I use the term in casual conversation. The common use means “guess” or “speculation.” In science, a theory is constructed to explain the relationship of carefully documented empirical observations.

There is one common thread to the two meanings, however, and it is what sets science apart from religion or ideology: both our casual “theories” and scientific theories are falsifiable. That means they must be changed if new evidence emerges that warrants such change. The scientific method is built on this concept of falsification–scientists constantly challenge and test what they think they know, and modify their understandings accordingly. That is how science advances.

If a belief is rigid, if it is held despite facts that challenge all or part of it, it is by definition not science. (If Senator Kruse will explain how God can be dragged into a high school lab and tested, he might have–excuse the expression–a prayer.) Creationism is a matter of faith, and faith–again, by definition–is not science.

It probably goes without saying that in a state pursuing economic development through a variety of bio-science initiatives, passage of Kruse’s bill would send a very embarrassing message. Evolution, after all, is the necessary basis of biology. But what is most depressing about this exercise is its predictable futility. During the past decade or so, creation “science” has been authorized in Kansas and Pennsylvania and–predictably–struck down by the courts. (In Kansas, voters also went to the polls in droves to defeat the Kansas Board of Education members who’d made the state a national laughingstock). It’s like the game of “whack a mole”–you whap it here and it pops up there.

Meanwhile, the state’s real problems languish and the legislature’s real business is neglected.

I guess there’s a lesson here: don’t be some fancy-pants elitist who actually understands biology. And for goodness sake, watch how you sing the Star Spangled Banner…..

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At Least It’s A Short Session…..

My own children weren’t among those who feared monsters under the bed, but I had friends who regularly had to assure their toddlers that the room had been cleared of things that go bump in the night.

Those children evidently grew up to populate the Indiana General Assembly.

Senator Kruse has filed Senate Bill 90, aimed at preventing Indiana courts from applying Sharia law. Because that is so likely to happen here. This trend began last year in Oklahoma, and legal blogs report that in addition to Indiana, five states are considering such legislation: Alaska, Arkansas, Nebraska, South Carolina and Wyoming. (Not surprisingly, these are not states that top the educational achievement lists….)

Senate Bill 90 “Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or U.S. Constitution.” It prohibits people from entering into a contract to apply foreign law to  contract disputes, and prohibits courts from transferring cases to other jurisdictions if the transfer is likely to “affect the constitutional rights of the nonmoving party.”

I’m not sure what effect this would have on the application of international trade laws, or the Law of the Sea, and it does appear to interfere with the right of two parties to decide for themselves what law will apply to their contracts. I’m not sure how judges are supposed to know whether courts in other jurisdictions–say New York or California–might rule in ways that the bill’s sponsor believes will “affect” the constitutional rights of the nonmoving party.

Indiana faces significant challenges. Unemployment remains stubbornly high. Our local governments are starving for resources. Our infrastructure needs outstrip our ability to address them. We continue to fight over the best way to improve our substandard schools. So our legislators have gotten really busy–outlawing Sharia law and promoting creationism. (More on that tomorrow.)

Given the language of the bill, it probably passes constitutional muster. So would a bill outlawing monsters under the bed.

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