Choices

I recently came across a Facebook post that perfectly summed up America’s continuing failure to make sane public policy consistent with the country’s founding premises. It pointed to the absurdity of far-right definitions of “freedom”:

You can regulate a human body, but not a coal plant. You can regulate the speech of a teacher, but not the money-as-speech of a corporation. You can coerce a child to pray in school, but not keep guns out of the classroom.

“You” are American lawmakers.

The post attributed these truly insane results to the Supreme Court, and the Court certainly deserves a considerable part of the blame, but so do the lawmakers who play to–or are part of–  the Rightwing fringe.

The Indiana legislature is a good example. In the wake of the Dobbs decision, our legislative overlords took hardly any time to ban abortion, but has struggled–and frequently failed– to regulate environmental hazards. The state has the most miles of rivers and streams too polluted to swim in, and we also lead the country in toxic emissions, among other deficiencies. The legislature’s focus on culture war issues routinely takes precedence over concerns for  public health, and lawmakers’ concern for the rights of farmers and utilities just as routinely outweighs concerns about the environment.

Our Hoosier lawmakers have a long history of telling teachers what to do–from older efforts aimed at prescribing how they should teach reading to periodic instructions about “character” education, to the more recent efforts to keep them from teaching about the less laudatory parts of our history or recognizing the existence of LGBTQ citizens. These persistent efforts have not been matched by efforts to restrain the influence of corporate dollars.

And don’t even start me on the Indiana General Assembly and guns. The pious hypocrites who continually try to shoehorn God into public school classrooms–and  failing that (due to that pesky First Amendment Establishment Clause) support the vouchers that siphon money from Indiana’s public schools and send them to private religious schools–continue to make firearms more easily available, most recently by ignoring law enforcement testimony and public opinion and eliminating the need to obtain a permit.

The hypocrisy is overwhelming.

The same “freedom fighters” who were outraged by mask mandates during the pandemic see no inconsistency with mandates to carry a pregnancy to term. They claim the “God-given right” to be free of a minor inconvenience that would protect their friends and neighbors, but are perfectly willing to interfere with medical science and the bodily autonomy of women.

Lawmakers who are solicitous about protecting factory farms from “onerous” regulation show considerably less concern about protecting the environment and the health of their constituents, despite evidence that those farms are massive polluters.To focus on just one element of that pollution, researchers tell us that industrial livestock farms produce up to 1.37 billion tons of manure annually—and that that’s 20 times more fecal waste than the entire U.S. human population, posing serious pollution risks to water and air.

The Indiana lawmakers who insist upon protecting the untrammeled, unimpeded right to own guns–including weapons more appropriate for war than personal protection–are blithely unconcerned with the havoc and death those weapons cause.

IN AN AVERAGE YEAR, 931 PEOPLE DIE BY GUNS IN INDIANA. WITH A RATE OF 14 DEATHS PER 100,000 PEOPLE, INDIANA HAS THE 19TH-HIGHEST RATE OF GUN DEATHS IN THE US.

In Indiana, 61% of gun deaths are suicides and 36% are homicides. This is compared to 61% and 36% respectively, nationwide.

The rate of gun deaths in Indiana increased 30%↑ from 2009 to 2018, compared to an 18%↑ increase over this same time period nationwide. In Indiana, the rate of gun suicide increased 24%↑ and gun homicide increased 49%↑ from 2009 to 2018, compared to a 19%↑ increase and an 18%↑ increase nationwide, respectively.

Across the nation, deadly attacks on schoolchildren are accelerating. The same legislators who are willing to tell education professionals how to teach and what to say remain unwilling to require even minimal background checks as a condition of buying the lethal weapons increasingly used to mow down the children in those classrooms.

There are, obviously, many other examples of misplaced legislative zeal.

The basic question citizens need to confront is: what is government for? What sorts of rules should government have the authority to impose, and what matters are properly left to each individual?

Our system was founded on the principle that Individuals should be free to pursue their own ends–their own life goals–so long as they did not thereby harm the person or property of someone else, and so long as they were willing to accord an equal liberty to their fellow citizens.

Hoosier lawmakers continue to get it backwards.

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Fewer Teachers, Fewer People Running For School Board..

Can you stand one more lament about the Right-wing assaults harming public education?

In a recent column for the Washington Post, Jennifer Rubin reported on an alarming academic study. Researchers found

that the “virulent stream of hyperpartisan political conflict” has had “a chilling effect on high school education.” Teachers are seeking to avoid controversy by “pulling back on teaching lessons in civics, politics, and the history and experiences of America’s minority communities;” incidents of verbal harassment of LGBTQ students are on the rise; and many teachers and administrator are planning to leave their jobs.

The authors of the report surveyed 682 public high school principals, who confirmed that organized campaigns have attempted to intimidate public schools and force changes to align with right-wing ideology. The researchers write, “Our survey data make clear that political conflict over a set of hot button issues occurred at more than two-thirds (69%) of public schools across the nation during the 2021-2022 school year.” Moreover, “Half of all principals report that parents or other community members sought to limit or challenge teaching and learning about issues of race and racism. Nearly half report challenges to school policies and practices related to LGBTQ student rights.” And a third of principals said “parents or community members raised challenges to school library books they deemed inappropriate.”

Researchers have found that “a relatively small group of hostile parents and community members are leading the charge,” despite the preferences of a clear majority of parents  who want kids to have an accurate education.( One recent national survey found that over 95% of Americans want high school students to learn about slavery, and 85% want them to learn about racial inequality.)

Perhaps the most troubling finding was the effect of this assault on students’ ability to identify misinformation. Apparently, students in classrooms with educators intimidated by these tactics show a diminished capacity to distinguish between credible and falsified information. At a time when misinformation, disinformation and propaganda are a huge problem, an ability to evaluate the likely accuracy of information is incredibly important, and the best way to help students make those judgements is by arming them with verifiable facts.

Interestingly, these assaults have been most numerous in so-called “purple” communities–areas that were previously reliably Republican but are changing– becoming more Democratic in the wake of Trump and the demise of Roe.

Many principals noted the “mass hysteria” over critical race theory, fueled by disinformation about schools’ curricula. This has impacted schools in purple communities the most, with almost a quarter of principals in such areas reporting that their school board or district leaders limited teaching on race or racism. Only 17 percent of schools in red communities, by comparison, and 8 percent of blue communities did the same.

Purple communities were also more likely to experience MAGA partisans’ attempts to ostracize or stigmatize LGBTQ individuals, Thirty-two percent of principals in purple districts report incidents of “hostile or demeaning remarks toward LGBTQ classmates,” compared with 22 percent in red or blue communities. Across all schools, the percentage of principals reporting multiple attacks on LGBTQ students increased from 15 percent in 2018 to 24 percent this year.

These political assaults aren’t limited to attacks on teachers and principals. Culture warriors trying to protect their political turf are making life miserable for school board members, too.

Here in Indiana, Hamilton County–adjacent to Marion County/indianapolis– is one of those areas that has been turning purple, and Moms for Liberty, a  national crackpot organization, ran “anti-woke” slates in several Hamilton County school districts .

As Chalkbeat reports,

The winning candidates in Hamilton Southeastern, Tiffany Pascoe (District 1), Juanita Albright (District 2), Dawn Lang (District 3), and Ben Orr (District 4), were supported by the Hamilton County chapter of Moms for Liberty, a powerful and controversial conservative group that rose to prominence by opposing mask mandates, critical race theory and social emotional learning. The group aims to install like-minded people in school board seats across the country.

Amber Huff Willis (At Large), William Anderson (District 2) and Rebecca Ogle (District 4) won seats on the Westfield Washington school board; they were also supported by Moms for Liberty Hamilton County.

The Carmel Clay  school board governs one of the larger districts in Hamilton County, and the effort to take over that board was less successful. Incumbents supporting diversity, equity and inclusion efforts were re-elected; however, one candidate who claimed that “radical liberal teachers” were “indoctrinating” Carmel students won in a very close race.

Our daughter served on the Indianapolis school board for 20 years, and I watched her spend countless hours for very little pay working with colleagues, parents and teachers to improve local public schools.

Given today’s dishonest, ugly assaults, how many citizens will willingly run for school board? Teachers aren’t the only ones deciding it just isn’t worth it.

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Oh, Indiana….

Monday evening, I spoke to the League of Women Voters in Ft. Wayne about women, the midterms–and the effective disenfranchisement of voters in Indiana. I’m posting an abbreviated version of my remarks below.
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The results of the 2022 midterm elections stunned political observers who had anticipated a politics-as-usual rout of the party in control of the White House—especially this time, when the omens for the Democrats were very negative.

As we know, that Red wave failed to materialize. Democrats held the Senate, and lost the House by a margin small enough to complicate Republican plans to thwart Biden’s agenda. To say that these results were unprecedented is an understatement. And while it is never accurate to attribute the outcome of an election to a single cause, the data clearly points to the overwhelming importance of women voters, and their anger over Dobbs.

The Republican Party’s war on women’s autonomy is a relatively recent phenomenon. When I ran for Congress in 1980, I was pro-choice and pro-gay-rights, and I decisively won a Republican primary here in deep-Red Indiana. Since then, the GOP has become the party of fundamentalist Christians, cultural conservatives and Christian Nationalists, and in response, women voters have shown a growing preference for Democratic candidates. The Dobbs decision, overruling Roe v. Wade, supercharged what was already a substantial gender gap.

Dobbs attacked the doctrine of substantive due process, often called the right to privacy. That’s shorthand for the principle that in a free society, there are personal decisions that should not be made by government. The doctrine draws a line between the myriad issues appropriate for resolution by majorities acting through government, and decisions that government in a free society has no business making.

The constitutional question is “who gets to make this decision?”

The deeply dishonest ruling in Dobbs would allow fundamental rights–to bodily autonomy, to the choice of a marriage partner, to decisions about procreation– to be decided by legislatures  that have theoretically been chosen by “democratic” majorities.

I say “theoretically because in states like Indiana, gerrymandering allows lawmakers to choose their voters, rather than the other way around.

The decision in Dobbs is part of a larger problem—one that the League is clearly aware of.  I think it is fair to say that, if American democracy was working properly, it is unlikely we would be here. Our governing institutions would reflect the policy preferences of large majorities of voters. But our democracy is not working properly, and gerrymandering may be the single most destructive element of our multiple electoral dysfunctions.

Partisan redistricting undermines democracy and voter choice; in a rapidly urbanizing country, it has given rural voters—who reliably vote Republican—vastly disproportionate political power. Thanks to gerrymandering, for example, the last Republican Senate “majority” was elected with 20 million fewer votes than the Democratic “minority.” Gerrymandering has insulated lawmakers from democratic accountability. In the run-up to the 2000 election, the nonpartisan Cook Report calculated that only one out of twenty Americans lived in a genuinely competitive Congressional District.

Gerrymandering has also weakened the GOP and abetted its takeover by extremists. Thanks to the Republicans’ very skillful and successful national gerrymander in 2010–a redistricting that created a large number of deep-red Congressional districts– many of the candidates who won those districts no longer saw any reason to cooperate with national party figures, or work for the party’s national priorities.  Former Speaker John Boehner dubbed those Representatives the “lunatic caucus”–they knew that the only real threat to their re-election would come from being primaried by someone even farther to the Right, and that they would pay no price for ignoring the over-arching needs of the national party.

It is important to recognize that the erosion of democratic self-government– making a mockery of the ideal of “one person, one vote”– also poses a threat to women’s continued economic and political progress. That is because, as democratic systems falter, it is the theocrats and rightwing populists who stand ready to assume control. The growth of populism over the past decade has been global; in the United States, its appeal is based largely on nostalgia for an imaginary past in which “those people”—Black, Brown, female, gay–knew their place and no one questioned the rightful dominance of the White Christian Male. To say that such a worldview threatens women’s progress is to belabor the obvious.

Just over 100 years have passed since women finally secured the right to vote. The recent midterm elections made it very clear that most women in America have no intention of relinquishing the hard-won rights that followed enfranchisement– including the all-important right to control our own reproduction.

I don’t think it is an exaggeration to suggest that in November of this year, the votes of American women saved democracy.

But then, of course, there was Indiana. We were the only state to elect an election-denier as Secretary of State, and Indiana kept its legislative Republican super-majority

The reason Indiana is deeply uncompetitive? Gerrymandering.

I served on the legislative study committee formed in response to the efforts of the League and Common Cause, and watched as most  Republicans on that committee ignored data and evidence and the huge turnout of Hoosier voters at every public meeting who demanded reform. It became very clear that the beneficiaries of gerrymandering will never voluntarily give up the power to keep themselves in control.

Other states have combatted gerrymandering via state constitutional amendment. But Hoosiers will never have the opportunity to vote on such an amendment. Indiana has no referendum or initiation process.  Amendments to Indiana’s constitution can only be put on the ballot through referral from the legislature, and the legislature must pass precisely the same language in two separate sessions. In other words, the super-majority that benefits from gerrymandering would have to vote—in two separate legislative sessions—to put the matter to a popular vote.

That will happen when pigs fly. (Pigs may fly first…)

Gerrymandering results in voter apathy and reduced political participation. Why get involved when the result is foreordained? Thanks to the lack of competitiveness, Indiana’s turnout in the midterms was abysmal.

The creation of safe districts makes it very difficult to recruit credible candidates to run on the ticket of the “sure loser” party. As a result, in many of these races, even when there are competing candidates on the ballot, the reality is usually a “choice” between a heavily favored incumbent and a marginal opposing candidate. In many statehouse districts, the incumbent or his chosen successor runs unopposed.

So–what can Hoosier voters do?

We can certainly hope for passage of the federal “For the People Act,” which would expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethics rules for federal officeholders.

In Indiana, we can work through organizations like the League to get out the vote—encouraging people who have concluded that their votes won’t count to reconsider, and especially encouraging them to vote in the primaries, which are dominated by the ideological extremes in both parties. A high turnout would demonstrate that a number of supposedly safe districts aren’t so safe when more people vote..

We can try to recruit candidates in both parties who are willing to run on an anti-gerrymandering platform.

We can continue efforts to educate voters, and explain why gerrymandering is so pernicious.

And we can lobby for the right to initiate constitutional amendments.

But the reality is, in the absence of federal action, Indiana citizens who want change are effectively disenfranchised.

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Vouchers And The World’s Worst Legislature…

I have posted previously–several times– about the Indiana legislature’s misguided support for school vouchers. I won’t repeat those criticisms here–those of you who are regular readers, or who follow education policy, know the score. I’ll just remind you that there’s absolutely no evidence that the schools receiving vouchers do a better job than the public schools they are bleeding of desperately needed resources, and because most of the schools that accept vouchers are religious, voucher programs deepen social and civic divisions.

The truth is, vouchers are basically a First Amendment work-around allowing public funds to flow to religious schools. The Courts have accepted the pathetically obvious pretense that the funds go to parents rather than to religious institutions, so hey! no  Church/State violation.

In deep Red Indiana–which has the country’s most expansive voucher program–arguments against school vouchers have fallen on the same deaf ears that characterize other policy debates in the World’s Worst Legislature. Our rural Republican super-majority wants more guns, more women forced to give birth, and more kids “educated” in fundamentalist religious schools.

But maybe–just maybe–those of us who support public education have overlooked a messaging opportunity. Rather than pointing to research supporting the numerous criticisms of voucher programs, perhaps we need to take a lesson from Oklahoma.

As the linked article from The Brookings Institution recently reported,

Oklahoma is a deep-red state. In 2020, Donald Trump won the state with nearly two thirds of the vote. The state’s governor, both U.S. senators, and all five U.S. House members are Republicans. And the GOP holds about 80% of the seats in both chambers of the state legislature. So, when Governor Kevin Stitt and Oklahoma Senate leader Greg Treat declared a statewide school voucher bill a major priority for the 2022 legislative session, it might have seemed that its enactment would be a foregone conclusion. But when the legislature adjourned at the end of May, the voucher bill had failed by a vote of 24-22 in the Oklahoma Senate—and hadn’t even been called up for a vote in the Oklahoma House.

How could this happen? How could a bill supported by the Republican governor and introduced by the Oklahoma Senate leader fail to achieve a majority in a chamber where the GOP held more than three fourths of the seats? And why didn’t it even get to the floor of the Oklahoma House?

It turns out that in Oklahoma, like in Indiana, lawmakers don’t just divide  along partisan lines. Lawmakers of the same party who represent urban districts will also disagree with those in their party who represent rural areas. (In deeply gerrymandered Indiana, we’re talking about Republicans.)

That urban/rural division was what played out in Oklahoma.

It turns out that it isn’t just city schools that are under-resourced. A large number of rural school districts struggle financially, and have trouble recruiting teachers.  More significantly, in Indiana as in Oklahoma, there also aren’t many educational options in rural parts of the state, a situation that limits the appeal of voucher legislation to families in those areas.

When voucher proponents talk about “school choice,” they inevitably point to schools in the poorer precincts of cities. How often have we been told that vouchers would allow poor children “trapped” in under-performing schools to “escape” to a presumably  available and superior  private or  parochial school?

The thing is, those options–good, bad or indifferent–simply don’t exist in most of the small towns scattered through rural America. Those towns–most of which have been  losing population for a long time–don’t produce enough children of school age to support alternative institutions. That may be  one reason Indiana allowed its vouchers to be used at “virtual” online schools. (It appears that the state got massively ripped off by scammers pretending to be online educators…but our legislators never learn…)

Maybe the pitch we need to make to all those legislators in the Statehouse who represent Indiana’s rural areas is something along the lines of  “Do you know that school vouchers are really a way to shift tax dollars from your constituents to those pointy-headed liberals and “diverse” folks who live in the cities? Indiana’s voucher program is taking money from the good folks who live in places like  Roachdale and Pine Village and sending those dollars to folks in Indianapolis and South Bend and other urban areas.”

That argument has the virtue of being true. Of course, all the other criticisms of vouchers are also demonstrably true, and those criticisms haven’t made a dent.

Maybe, however, “the city folks are stealing your money” would be more effective, given the depth of Indiana’s rural/urban divide.

Worth a try…..

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Um..What Happened To Support For “Limited Government”?

Remember when Republican politicians all ran on platforms endorsing “limited government”? Granted, a lot of them seemed to confuse the size of government with the intrusiveness of government, but to the extent the party actually stood for something, it was the principle that government’s authority over citizens should be limited.

As Barry Goldwater famously put it, “Government doesn’t belong in your boardroom or your bedroom.” (Old Barry is probably spinning in his grave, along with a sizable number of other former GOPers…)

Today’s Republicans are only too happy to invade your bedroom–not to mention your uterus, if you’re a woman. And given Party members’ homophobia, it’s pretty clear that a significant number of folks in today’s GOP would love to return to the time when government could outlaw same-sex marriage and criminalize gay sex. 

But what about that pious declaration that government “doesn’t belong in your boardroom?”

One of the few consistent themes of Republicanism has been the sanctity of the market, and the belief that even the most reasonable regulation of business is a semi-Satanic attack on economic freedom. Republicans have tended to define democracy as consumer choice–let the market decide! Keep government’s nose out of it! (Ignore those armies of lobbyists making sure there are official “thumbs on the scales…”)

Turns out that today’s GOP is just as willing to invite government into the boardroom as it is to insert government into our bedrooms. As the linked Guardian article reports,

A powerful rightwing pressure group, the American Legislative Exchange Council (Alec), is pushing states to adopt a new law shielding all US businesses from “political boycotts”.

Although primarily aimed at protecting controversial industries such as fossil fuel companies, big agriculture and gun manufacturers, the proposed legislation is written to prevent boycotts by investors, banks and other companies of any US business.

It comes amid rising consumer pressure on firms over whom they do business with, and follows the decision by major retail stores to stop selling MyPillow products after its chief executive allied himself with Donald Trump’s false claims of fraud in the 2020 presidential election.

Alec, which is funded by major corporations, intends to press state legislators to adopt the readymade law, the eliminate political boycotts act, at its closed-door States and Nation Policy Summit in Washington DC at the end of this month.

I’ve previously posted about Alec, and the fact that legislators in Republican-led states (very much including Indiana)  have enacted dozens, if not hundreds, of Alec’s “model” pieces of legislation–adopting the organization’s hard-Right agenda virtually word for word, in laws addressing “immigration, voting suppression, the environment, guns and energy policy.”

The new model legislation requires every “governmental entity”, which covers a wide array of bodies from state government to local police departments and public universities, to include a clause in contracts requiring businesses to pledge they “will not engage in economic boycotts”.

 
As with all of Alec’s “model laws,” the text of this one has been written by Alec’s lawyers to make it simple; all an obedient legislature has to do is fill in the name of its state. This one is aimed primarily at banks, investment funds and corporations that might refuse to do business with companies that damage the environment or otherwise engage in activities detrimental to democracy or civil society.

The huge investment company BlackRock is among nearly 400 financial firms to have sold off shares in big oil companies over their failure to pursue sufficiently climate-friendly policies.

Some corporations are increasingly concerned that consumer pressure will cause other companies to boycott them over their funding of rightwing politicians and causes, or social positions.

The model legislation follows an Alec meeting in Atlanta in the summer at which participants launched a push against “woke capitalism,” claiming that boycotts may break financial laws.

Hmm…what ever happened to “let the market decide”?

It seems to me that one of the genuine merits of capitalism and market economies is the ability of consumers to choose where to spend their dollars. If I want to confine my investments and purchases and/or those of my company to “woke” companies–or if I prefer to support crazy pillow guys–that’s my right, just as it is my right to hold religious beliefs different from those of Justice Alito and my right to decide who to marry and whether and when to procreate. 

The past few years have certainly illustrated the dishonesty of those “limited government” claims. If we dare to use our liberties to deviate from their preferred behaviors, the GOP will happily invite the government into our bedrooms and our boardrooms.

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