All posts by Sheila

“Mother” Has Many Meanings…

More from the theocrats…

By this time, most politically-aware Americans have read about Karen Pence’s new job.

“Mother” is once again teaching at the Washington, D.C. school where she worked when Mike Pence was in Congress. The Huffington Post describes that school, noting that everyone isn’t welcome there.

In a “parent agreement” posted online, the school says it will refuse admission to students who participate in or condone homosexual activity, HuffPost learned through an investigation into discriminatory admissions policies. The 2018 employment application also makes candidates sign a pledge not to engage in homosexual activity or violate the “unique roles of male and female.” …

The application says that the school believes “marriage unites one man and one woman” and that “a wife is commanded to submit to her husband as the church submits to Christ.” The application asks potential employees to explain their view of the “creation/evolution debate.”

Not only did Mrs. Pence (aka “mother”) previously teach at the school for 12 years, the Pence’s daughter Charlotte attended, according to the school’s website.

JoeDee Winterhof, who is a senior Vice President for policy at the Human Rights Campaign,  had an excellent response.

“Why not teach at a school that welcomes everyone, instead of choosing one that won’t serve LGBTQ kids, kids of LGBTQ parents? The Pences never seem to miss an opportunity to show their public service only extends to some.”

Mrs. Pence is certainly entitled to believe that gay people are sinners, that women should submit to men and that there is actually a “debate” about evolution. (Although–forgive the snarky aside–according to people who worked in the statehouse when Mike Pence was governor, she doesn’t seem to obey that “submission” directive. Quite the contrary.) The fact that a Congressman’s wife chose to work at a school with this philosophy might raise eyebrows, but there are a lot of Congressmen and a lot of wives, and so far as I know, their choice of employment is rarely seen as sending a political message.

The spouses of Presidents and Vice-Presidents, however, are judged by a different standard; at least they were  before this disastrous and embarrassing administration.

When the wife of a Vice President–even an accidental and smarmy Vice President–chooses to work for an institution that labels a significant  proportion of Americans sinful and unworthy, that’s not only a statement of her values, it’s a deliberate message of exclusion that is directly at odds with important American principles.

That message is underlined by its hypocrisy.

If “mother” and Pastor Pence really disapproved of all the forms of sexual immorality described by the school, they wouldn’t even enter the same room with Donald Trump. Since they agreed to be part of the Trump Administration, it’s pretty obvious that they are willing to be selective about the sorts of “immoral” sexual behavior they condemn.

Pussy-grabbing and other assaults on unwilling women, serial infidelity, and consorting with prostitutes–those things are evidently minor transgressions. What must be condemned are relations between people of the same sex who love each other–and who may even be married to each other.

This is bigotry (barely) masquerading as piety, and it’s nauseating.

These people are vile.

 

‘Sincere Religious Beliefs’ And Lynching

Perhaps I’m just allowing my foul mood over the current state of America’s federal government color my reaction to everything, but I am over demands that laws of general application make exceptions for people acting on the basis of “sincere religious belief.”

If I have a “sincere belief” that my God wants me to offer up my newborn as a sacrifice, should I be exempt from punishment? What if I have a “sincere belief” that paying taxes enables governments’ evil behaviors–can I simply refuse to do so?

If–as I assume–the answer to these and similar questions is:  “hell, no,” why are Americans so solicitous of the “sincere beliefs” of fundamentalists?

The U.S. Senate just unanimously passed a bill that would make lynching a federal hate crime—but now the religious right is trying to exclude victims who are targeted for their sexual orientation or gender identity.

In remarks that are making national headlines, the chairman of Liberty Counsel, an anti-gay hate group that purports to speak for Christians, says the inclusion of LGBT people is a “camel [getting] in the nose of the tent.”

His argument is absurd, but it could make a difference: Liberty Counsel has helped pioneer bigoted “religious freedom” arguments by representing clients like Kim Davis. Its opposition could be influential among congressional Republicans.

The quoted description is taken from a mainstream Christian religious site, Faithful America, which describes itself as an online community of Christians putting faith into action for social justice by (among other things) challenging the “hijacking” of Christianity by the religious right to serve a hateful political agenda.

It has been gratifying to see religious voices raised in opposition to the theocratic right, a development that has been gaining ground over the past several years; it would be considerably more gratifying if the courts stopped coddling people who demand that their beliefs be given priority over the rights of citizens whose beliefs differ. Why in the world should the fringe theology of Hobby Lobby’s owners entitle them to refuse coverage of birth control for employees whose beliefs differ?

The courts wouldn’t allow Hobby Lobby or other corporate owners of entirely secular businesses to hire and fire employees based upon their willingness to accept the owners’ religions–why are they so solicitous of the “offense” posed by inclusive health coverage?

It’s likely that even most Republicans in Congress will find Liberty Counsel’s objection to inclusive language in the anti-lynching bill sufficiently outrageous to ignore it, but we make a mistake if we think the Council represents just a few nutcases on the right. Theological justifications for bigotry are more widespread than reasonable people want to believe, and most of these bigots are entirely “sincere.”

If I “sincerely” believe that the God I worship wants “your kind” wiped off the face of the earth, and I act upon that belief, my “sincerity” wouldn’t–and shouldn’t– protect me from the legal consequences of that action.

Fundamentalists to the contrary, religious liberty is not the liberty to impose their version of Christianity on everyone else, or to insist that the law bend to their “sincerity.”

Incompetence Saves The Day

The “breaking news” yesterday on my iPhone and computer included a welcome report about the coming census. As most of you are undoubtedly aware, Wilbur Ross wanted to add a question about citizenship that was widely seen as an effort to depress Hispanic response.

Since funding for a wide number of programs is based upon population, an undercount would really hurt cities and states with high percentages of Hispanics. I’m sure its just coincidental that those places tend to vote Democratic.

In a 277-page opinion, the federal court ruled the question could not be asked.

David Schultz, a colleague who holds joint appointments at Hamline and the University of Minnesota law school, posted a brief summary of the decision on the Law and Courts listserv in which we both participate. (Yes, I am an incredibly nerdy person…)

The Court concluded that the explanations offered–the purported reasons for adding the question–were pretextual.

“First, the Court concludes that Secretary Ross ignored and violated a clear statutory duty to rely on administrative records (rather than direct inquiries) to the “maximum extent possible,” 13 U.S.C. § 6©, rendering his decision “not in accordance with law,” 5 U.S.C. § 706(2)(A). Second, even if that statute did not exist, Secretary Ross’s decision to add a citizenship question rather than collect citizenship data through more effective and less costly means was “not supported by the reasons [he] adduce[d],” Service, 522 U.S. at 374, making it “arbitrary and capricious” in violation of Section 706(A). Third, although a closer question, the Court finds that Secretary Ross failed to satisfy the statutory requirement that he report any plan to address the subject of citizenship to Congress at least three years before the decennial census, in violation of Title 13, United States Code, Section 141(f)(1). And fourth, the Court concludes that Secretary Ross’s decision was pretextual — that the rationale he provided for his decision was not his real rationale.”

An even more interesting part of the decision was the court’s review of the requirements of the Administrative Procedures Act. As David wrote,

What most struck me about the opinion were two major points.  First, and I argued this from day one of the Trump administration, their lack of skill and knowledge about the government (including the Constitution, the law, and process and procedure), would eventually lead to many administrative decisions being struck down in the courts.  This is an example of that. The court describes in detail how Ross just ignored the law and thought he was acting like the CEO of a company where he could do whatever he wanted. He ignored the law, reporting requirements, and also sought to cover up decisions.

The second major point was how DOJ attorneys effectively conceded much of the case to the plaintiffs…

Because Ross simply ignored applicable legal requirements, he left the DOJ attorneys with virtually no arguments to counter the charges of illegality. (Lawyers who’ve been put in this position by clients who are willful or stupid–or both– can relate.)  According to David, “The judge was simply devastating in detailing Ross’ willful disobedience of the law and the inability of the attorneys to defend his actions.”

This administration is doing incalculable harm. Every day is a new outrage, a new assault on the environment, public eduction, the rule of law…not to mention sanity and common decency. This case is a wonderful reminder that–as much damage as this band of looters and thugs is doing–it would be a lot worse if they weren’t reincarnations of the Keystone Kops.

As Paul Krugman put it in “Donald Trump and His Team of Morons,”

Then there’s the Trump effect. Normally working for the president of the United States is a career booster, something that looks good on your résumé. Trump’s presidency, however, is so chaotic, corrupt and potentially compromised by his foreign entanglements that anyone associated with him gets tainted — which is why after only two years he has already left a trail of broken men and wrecked reputations in his wake.

So who is willing to serve him at this point? Only those with no reputation to lose, generally because they’re pretty bad at what they do. There are, no doubt, conservatives smart and self-controlled enough to lie plausibly, or at least preserve some deniability, and defend Trump’s policies without making fools of themselves. But those people have gone into hiding.

I never thought I’d be so grateful for incompetence.

That Pesky Thing Called Reality

There are plenty of reasons to oppose Trump’s “big beautiful wall,” and I’ve listed a number of them in previous posts. Most fall in the category of “if the wall were built, this is why it wouldn’t deter unauthorized immigration or drug trafficking.”

Less attention has been paid to the reasons such a wall won’t ever be built.   

As Elie Mystal recently wrote at Above the Law,

Can all of us lawyers and law students and legal scholars and legal reporters just talk among ourselves for a minute? Can we all just pull up a chair or a stool or whatever bouncy-ball thingy you think is blasting your core right now? Can we just talk as adults and acknowledge that the federal government has ground to a halt over a wall that will never, ever get built?

The reason for Mystal’s confidence can be found in the Fifth Amendment, which–among other things– prohibits government from taking private property without just compensation. That “takings clause” is why states have eminent domain laws.

Opposition to the use of eminent domain for any but the most obviously “public” purposes   has been a staple of Republican ideology, so I’ve been surprised that so few supposed conservatives have raised the issue.

My real life friends know that I’m basically a Republican when it comes to takings. I don’t even put the scare quotes around the term. A whole canon of law has been built up around the Fifth Amendment’s commandment, “nor shall private property be taken for public use, without just compensation.”

 We can debate the finer points: I do not happen to think that Kelo v. New London is the worst Supreme Court decision in the history of mankind, as some conservatives do. … But it isn’t great! And there are conservative justices sitting on the Supreme Court who have figuratively been bred to oppose that decision. Add them to the progressives who will view Trump’s Wall as the bigoted monstrosity that it is, and I think you’re looking at 8-1 decisions against the government in eminent domain cases to build the wall. Only Justice Brett, he of the monarchical theory of executive power, can be reasonably be expected to side with the government on this issue. And even then, we know Kavanaugh seems to like to follow along with whatever the “cool” kids are doing.

The government doesn’t own most of the land on which the wall would be built–it would have to “take” land from those who own it, and people who stand to lose their property to allow construction of the wall will almost certainly go to court. Talking Points Memo recently quoted a Texan whose property is at risk:

The federal government has started surveying land along the border in Texas and announced plans to start construction next month. Rather than surrender their land, some property owners are digging in, vowing to reject buyout offers and preparing to fight the administration in court.

“You could give me a trillion dollars and I wouldn’t take it,” said Cavazos, whose land sits along the Rio Grande, the river separating the U.S. and Mexico in Texas. “It’s not about money.”

I couldn’t agree more with Mystal’s concluding paragraph.

I mean, if Trump was saying, “I’m going to shut down the government until Congress funds my matter transporter so I can beam Latinos back to their country of origin,” I feel like the scientific community would be screaming, “The ability to deconstruct and reconstruct living beings at the molecular level does not exist because of limitations imposed by quantum uncertainty!” Similarly, lawyers should be screaming, “The United States government does not have the capability of taking private lands on this scale because of limitations imposed by the Fifth Amendment.”

It’s not just lawyers who aren’t screaming. I wonder why all those conservative Republicans who raise holy hell about property rights and takings are so quiet about the threat to property ownership posed by the bloviator-in-chief.

Telling It Like It Is

What was that line from Jaws? It’s baaaack…

“It” in this case is the Indiana Legislature, which is beginning its “long” session. (I don’t know how other state’s lawmaking bodies work, but in Indiana, which has a two-year budget cycle, the session is longer the year the budget is considered.) When I last looked, over 300 bills had been filed by members of the State Senate, and 150 or so by members of the House. As you might imagine, a number of them won’t see the light of day–and most probably shouldn’t.

For that matter, Hoosiers would be better off if some of the bills that will survive quietly died. But that’s a post for another day…

Indiana’s teachers had hoped this year’s budget would include funding for a much-needed raise. That may still happen, and it clearly should, but several lawmakers have issued opinions to the effect that, yes, teachers should get raises, but the school corporations that employ them should just take the money for those raises from another part of the school budget.

This is totally unreasonable, of course, because most of those “other” funds are needed and/or legally earmarked for a variety of purposes, but Indiana’s legislators rarely allow their lack of understanding of the way things actually work get in the way of their opining.

In an op-ed for the Lafayette Journal and Courier, the Superintendent of the West Lafayette School System, Rocky Killion, responded. He began with the obvious:

This week the House Education Committee, on a partisan vote of 9-3, passed House Bill 1003.  House Bill 1003 affirms increasing teacher salaries but provides no additional funding to public schools to do so.  Instead, the GOP calls on public schools to spend differently…

What they do not seem to understand is that unless more revenue is provided, there will be less money to provide custodial, maintenance, secretarial, health, special education and other support services for students and teachers.

Then he turned the tables–very effectively.

If legislators are serious about increasing teachers’ salaries without increasing school funding, I would suggest the same to them, spend differently on public education.  Here are three ways to increase teacher salaries without increasing school funding:

Killion’s first suggestion was to quit spending over $100 million annually on standardized testing. As he quite correctly points out, standardized testing doesn’t improve student learning; what he doesn’t say–but many education scholars confirm–is that such testing distorts what happens in the classroom, because teachers feel impelled to spend more time on subjects that will be  tested than on subjects (like civics, for example) that won’t.

 A statistically sound approach for measuring student achievement and holding school corporations accountable for student learning is that of measuring student academic growth over time, which standardizing testing does not do.  Reallocate this resource to teacher salaries.

His second recommendation was similar:Quit spending over $10 million on IREAD-3 testing.

Teachers do not need this test to determine whether or not a student is reading at a third-grade level.  The best, most efficient way to find out if a third-grade student is reading at a third-grade level is by asking a third-grade teacher.  Reallocate this resource to teacher salaries.

I unequivocally endorse his third recommendation, which was to quit spending over $70 million on student vouchers, and reallocate those resources to teacher salaries.

Vouchers were Initially justified as a way to allow children to escape “failing” public schools, but 60% of Indiana’s vouchers are used by students who have never attended a public school.

What Killion was too “politically correct” to mention in his op-ed was that researchers have found no improvement in academic achievement by voucher students. (A couple of studies have found a decline, at least in math.) It has become quite clear that Indiana’s voucher program–the largest in the U.S.–is simply a way to take money from public education and give it to the religious schools that constitute over 90% of the schools accepting vouchers.

Voucher programs were a strategy devised to evade the Constitution’s Establishment Clause, which prohibits tax support of religious institutions. The courts accepted the argument that the money was “really” going to the parents, and not to a parochial school. That it was always a specious argument has become glaringly obvious.

Indiana’s public school teachers ought not continue to be underpaid so that religious schools can suck at the public you-know-what.