Most readers of this blog are familiar with the famous Martin Niemoller quote, uttered as the Nazis solidified control of the German government:
First they came for the Communists And I did not speak out
Because I was not a Communist Then they came for the Socialists And I did not speak outBecause I was not a Socialist
Then they came for the trade unionists And I did not speak out
Because I was not a trade unionist Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me.
The reason that statement remains so powerful is because it focuses on an essential truth: a government that can pick and choose among its citizens, a government that can empower some while disenfranchising or mistreating others, is a government incompatible with–and threatening to– basic human liberties.
As a former president of the ACLU put it, “Poison gas is a great weapon until the wind shifts.”
And that gets me to my frequent warnings about the real danger posed by the MAGA worldview–a worldview shared by autocrats like Trump and theocrats like Alito. As I have repeatedly noted, the Dobbs decision didn’t just target women’s rights–it undermined the constitutional principle that prevents government from invading everyone’s individual liberties and dictating all personal behaviors.
It isn’t just Dobbs.
The U.S. Department of Education expanded protections for LGBTQ+ students under Title IX last month — but Indiana has told its schools to ignore the guidance.
Why it matters: Indiana is one of many states that passed legislation in recent years targeting the LGBTQ+ community, particularly children.
- A 2023 law requires schools to alert parents if their child requests a change to their name or pronoun, which teachers fear could force them to out transgender students, and earlier legislation blocked transgender girls from participating in girls’ school sports.
Driving the news: Indiana’s Department of Education advised schools “not to change their existing policies” in a memo last month, as first reported by WFYI.
- “IDOE is currently working with legal counsel to review these new regulations, which among other things expands the definition of “sex” in Title IX,” the department said. “At initial review, these draft regulations will undoubtedly have major implications for Indiana schools and students and will likely be subject to legal challenges.”
The fine print: The federal guidance adds protections against “discrimination based on sex stereotypes, sexual orientation, gender identity and sex characteristics.”
- The deadline for schools to adopt the rules to remain compliant for federal funding is Aug. 1.
There will undoubtedly be a lot of criticism focused on the fact that this rebellious noncompliance threatens critically-needed federal funding for public education. But it threatens far more than that. It is yet one more assault on the rule of law. It reinforces the Rightwing conviction that disagreement with a law constitutes an entitlement to violate it.
People who don’t believe women should have the right to control their own bodies, who view LGBTQ+ folks as “sinners” or worse, who remain convinced that Whites are superior to other races–in short, people who find it appropriate for government to “come for” some category of “Other”–fail to understand that a government empowered to award or deny privileged status is a government inconsistent with individual liberty and the rule of law.
At the end of the day, that is what is at risk in the upcoming elections. If would-be theocrats like Mike Braun and (especially) Jim Banks prevail (and worse, if their fellow Christian Nationalists should return Trump to power), we will see these persistent attacks on disfavored minorities used to further erode everyone’s individual liberties.
If we look honestly at American history, it becomes obvious that “states’ rights” always meant allowing state governments to privilege some citizens at the expense of others. When Braun says he wants to return the question of inter-racial marriage to the states, when Banks proposes federal legislation to ban abortions with no exceptions, they are just saying the quiet part out loud.
If people like Braun and Banks and Trump are elected, the wind will shift in a profoundly unpleasant direction. And unless you’re a White Christian guy, the government will eventually be empowered to come for you.
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