Michigan & Affirmative Action
The matter of affirmative action once again hit the headlines in the United States with the Supreme Court upholding Michigan’s civil rights amendment, which had been overturned. The amendment specifies that:
(1) The University of Michigan, Michigan State University, Wayne State University, and any other public college or university, community college, or school district shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(2) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
On the face of it, these two things seem to be exactly what civil rights laws should state, namely that discrimination and preferential treatment of the sorts specified is forbidden. As such, it might surprise some that the amendment has faced opposition from civil rights supporters and liberals. The main reason is that the amendment is aimed at ending affirmative action in public education and public sector jobs. Before the amendment, race could be used as a factor in college admissions and in hiring when doing so would address perceived racial disparities.
Despite being often cast as an academic liberal (with all attendant sins), I have long had a somewhat mixed view of affirmative action in education and employment. As an individualist who believes in the value of merit, I hold that college admission and hiring should be based entirely on the merit of the individual. That is, the best qualified person should be admitted or hired, regardless of race, gender and so on. This is based on the principle that admission and hiring should be based on earning the admission or job and this is fairly and justly based on whether or not an individual merits the admission or job.
To use a sports analogy, the person who gets the first place award for a 5K race should be the person who runs the race the fastest. This person has merited the award by winning. To deny the best runner the award and give it to someone else in the name of diversity would be both absurd and unfair—even if there is a lack of diversity in regards to the winners. As such, the idea of engaging in social engineering at the expense of the individual tends to strike me as wrong.
However, I also am well aware of the institutionalized inequality in America and that dismantling such a system can, on utilitarian grounds, allow treating specific individuals unjustly in the name of the greater good. There is also the matter of the fairness of the competition.
In my 5K analogy, I am assuming that the competition is fair and victory is a matter of ability. That is, everyone one runs the same course and no one possesses an unfair advantage, such as having a head start or being able to use a bike. In such a fair competition, the winner fairly earns the victory. Unfortunately, the world outside of a fair 5K is rather different.
Discrimination, segregation and unjust inequality are still the order of the day in much of the United States. As such, when people are competing for admission to schools and for jobs, some people enjoy considerable unfair advantages while others face significant and unfair disadvantages. For example, African-Americans are more likely to attend underfunded and lower quality public schools and they face the specter of racism that still haunts America. As such, when people apply for college or for state jobs they are not meeting on the starting line of a fair race which will grant victory to the best person. Rather, people are scattered about (some far behind the starting line, some far ahead) and some enjoy unfair advantages while others unfair burdens.
Interestingly, many of these advantages and burdens involve employment and education. For example, a family that has a legacy at a school will have an advantage over a family whose members have never attended college. As such, affirmative action can shift things in the direction of fairness by, to use my racing analogy, pushing people backwards or forwards to bring everyone closer to the starting line to allow for a fairer competition.
To use a somewhat problematic analogy, 5K races divide the trophies up by age and gender (and some have wheelchair divisions as well). As such, an old runner like myself can stand a chance of winning an age group award, even though the young fellows enjoy that advantage of youth. The analogy works in that the 5K, like affirmative action done properly, recognizes factors that influence the competition that can be justly compensated for so that people can achieve success. The analogy, obviously enough, does start to break apart when pushed (as all analogies do). For example, affirmative action with trophies will never make me as fast as the youth, whereas affirmative action in college admission could allow a disadvantaged student match those who have enjoyed advantages. It also faces the obvious risk of suggesting that the competitors are actually inferior and cannot compete in the open competition. However, it does show that affirmative action can be squared with fair competition.
In closing, I do believe that a person of good conscience can be concerned about the ethics of affirmative action. After all, it does seem to run contrary to the principles of fairness and equality by seeming to grant a special advantage to some people based on race, gender and such. I also hold that a person of good conscience can be for affirmative action—after all, it is supposed to aim at rectifying disadvantages and creating a society in which fair competition based on merit can properly take place.
Gainful Employment & Education
Since education is rather expensive, it seems reasonable for a student to expect a return on her investment. Given that the taxpayers often contribute to the education of students, it also makes sense that they also receive a return on their investment.
As it now stands, the return on the student’s investment is supposed to be a job that is proportional to the cost of education. Roughly put, a student should be able to reasonably work out of her school debt with the job that education is supposed to get her. In terms of the return on the taxpayer’s investment, the return is similar: the students funded by the taxpayers are supposed to get jobs and repay the investment through the taxes they pay. The student becomes the taxpayer, thus enabling the next generation of students to also become taxpayers.
Because the cost of education is so high these days, it is natural for some folks to place their hopes in the free market. The ideal is that for-profit schools will provide a high quality product (education that leads to a job) at a lower cost than the (supposedly) bloated state and traditional private schools. As might be suspected, the ideal is rather different from the real.
While state schools obviously receive state funds, the for-profit schools receive massive federal support—about $26 billion per year in grants and loans. Unfortunately, this money seems to be ill-spent: 20% of the for-profit school students default on student loans within three years of entering the repayment period. About half of all student loan defaulters went to such for-profit schools, although these schools make up 13% of the student population. The estimate is that about half of the loans funneled through students to the for-profit schools will be lost to default, which is hardly a good investment.
One of the main reasons a student defaults on loans (though not the only one) is financial hardship. As might be imagined, not earning an adequate paycheck is a clear way to end up in such hardship. While there are over 2,000 programs where the students had load debt but who paychecks were not adequate to keep them above the poverty line, 90% of these programs are at for-profit schools. As such, these schools seem to be a bad investment for both taxpayers and students. While public and traditional private schools do account for the other 10% that need to be addressed, they are quite clearly a better investment for taxpayers and students. This is not to say that such schools do not need improvement—but it is to say that the current for-profit model in not the solution.
There have been some attempts, such as those in 2011, to impose regulations aimed at addressing the predatory exploitation of students (and taxpayers) by institutions. Not surprisingly, these were countered by the well paid lobbyists working at the behest of the for-profits.
Interestingly, some states are pushing hard for performance based funding for public institutions. For example, my adopted state of Florida has seen the Republican dominated state legislature engage in what some might regard as micro-managing of education. In any case, we are been transitioned to a performance based model in which funding is linked to achieving goals set by the state. Naturally, for-profit schools are not impacted by this since they are private institutions. As such, the current trajectory seems to be for state schools to be state regulated in accordance with performance measures while the for-profit schools enjoy unfettered access to the federal largesse.
Some might suspect that the performance based funding approach being taken towards public universities and colleges is cover for reducing funding even more. This seems reasonable since one of the main effects has been to cut funding for some state schools (such as my own). It is also the case that the approach is designed to shift funding to schools that have more political influence—which is supported by looking at where the money goes.
It might also be suspected that the performance based funding is also designed to harm public schools and push students towards the for-profit schools. These schools typically enjoy excellent political connections and certainly would benefit from reduced public education opportunities. Of course, the profits of such schools come largely at the expense of students and taxpayers—they are thus well-subsidized by the state in a new twist on the old corporate welfare system. Shockingly enough, there is little conservative rage at this wasteful socialism and these welfare queens.
Relative Cost of Education
As a professor I am aware that the cost of a university education has increased significantly, even adjusting for inflation. I am also well aware that this cost increase is not due to proportional increases in faculty salary. One reason for this is that the salaries of professors, especially those at state school, tend to be compressed. For faculty who have been around a long time, such as myself, the compression can be quite extreme. This is one reason why star faculty move around relentlessly in search of ever larger salaries. Another reason is that universities are relying very heavily on badly paid adjuncts. While the rates vary, a typical adjunct can make about $24,000 over nine months for teaching eight classes. There are generally no benefits at all, so the cost to schools is rather low. Given that such faculty typically have advanced degrees, they are perhaps the worst paid of the best educated.
It is true, as I mentioned, that there are some star faculty—they are the celebrities of academics who can use their status and connections to slide smoothly from one well-paying job to an even better paying job. Such stars also sometimes enjoy exemptions from the mundane duties of faculty, such as teaching. As with any profession, such stars are relatively rare and they are generally not a significant factor in the increased cost of education. As such, blaming the faculty for the higher cost is not, in general, a legitimate complaint.
That said, I do agree that complaining about the cost of education is legitimate: costs have increased significantly while there are increasing doubts about the quality and value of education. However, it is worthwhile to put the cost of education into perspective. Being a professor, I will focus on the educational aspects of the matter.
At a state school like my own Florida A&M University, a student will typically take a class from a person with a terminal degree in her field, usually a doctorate. A standard class is three credit hours, which means that a student is supposed to be in class for two and a half hours per week. My fellows and I typically teach four classes per semester and we are required to hold two hours of office hours per class. We also have various other research, advising and administrative duties. Thanks to email, students can also contact us around the clock—and many faculty, including myself, respond to emails outside of normal hours and on the weekends. We also typically do work for the classes, such as grading, preparing lessons and so on throughout the week and during “vacations.”
While the exact hours will vary, a student at a school like FAMU will have access to a professional with and advanced degree for 2.5 hours in the classroom, have access to 8 hours of office hours, and typically have unlimited email access. Most faculty are also willing to engage with students in their off time—for example, I have stopped while grocery shopping to explain a paper to a student who also happened to be shopping at that time. This is in return for the cost of tuition, only a small fraction of which goes to the professor.
Now, compare this to the cost per hour for other professionals. For example, a psychiatrist might charge between $125-$285 per hour. As another example, a plumber might charge $90 an hour. As a third example, a consultant might charge anywhere from $30 to thousands of dollars an hour. As a fourth example, an attorney might charge hundreds of dollars per hour.
Imagine what it would cost to have a plumber, medical doctor, or attorney spend 2.5 hours a week with you for 16 weeks (divided by the other people, of course), be available an additional eight hours a week, do work for you outside of those hours, respond personally to your emails and so on. If professors billed like plumbers, lawyers or medical doctors, the cost of school would be insanely high.
It might be replied that plumbers, lawyers and medical doctors perform services that are more valuable than mere professors. After all, a plumber might fix your pipes, a lawyer might get you a nice settlement and a medical doctor might re-attach your quadriceps tendon. A professor merely teaches and surely that has far, far less value. The obvious practical reply is that people with college degrees make considerably more than those without—this would suggest that teaching does provide some value. There is also the obvious fact that plumbers, medical doctors and lawyers need education in order to do what they do—thus showing that education does provide something of value (although plumbers typically do not go to college to become plumbers).
As such, while education is too expensive, the actual cost of paying professors is ridiculously cheap relative to what other comparable professionals cost.
The American Oligarchy
One of my lasting lessons from political science is that every major society has a pyramid structure in regards to wealth and power. The United States is no exception to this distribution pattern. However, the United States is also supposed to be a democratic society—which seems rather inconsistent with the pyramid.
While the United States does have the mechanisms of democracy, such as voting, it might be wondered whether the United States is democratic or oligarchic (or plutocratic) in nature. While people might turn to how they feel about this matter, such feelings and related anecdotes do not provide proof. So, for example, a leftist who thinks the rich rule the country and who feels oppressed by the plutocracy does not prove her belief by appealing to her feelings or anecdotes about the rich. Likewise, a conservative who thinks that America is a great democracy and feels good about the rich does not prove her belief by appealing to her feelings or anecdotes about the rich.
What is needed is a proper study to determine how the system works. One rather obvious way to determine the degree of democracy is to compare the expressed preferences of citizens with the political results. If the political results generally correspond to the preferences of the majority, then this is a reasonable (but not infallible) indicator that the system is democratic. If the political results generally favor the minority that is rich and powerful while going against the preferences of the less wealthy majority, then this would be a reasonable (but not infallible) indicator that the system is oligarchic (or plutocratic). After all, to the degree that a system is democratic, the majority should have their preferences enacted into law and policy—even when this goes against the wishes of the rich. To the degree that the system is oligarchic, then the minority of elites should get their way—even when this goes against the preferences of the majority.
Recently, researchers at Princeton and Northwestern conducted just such a study: “Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens” using data gathered from 1981 to 2002.
The researchers examined about 1,800 polices from that time and matched them against the preferences expressed by three classes: the average American (50th income percentile), the affluent American (the 90th percentile of income) and the large special interest groups.
The results are hardly surprising: “The central point that emerges from our research is that economic elites and organized groups representing business interests have substantial independent impacts on US government policy, while mass-based interest groups and average citizens have little or no independent influence.”
As noted above, a truly democratic system should result in the preferences of the majority being expressed in policies and laws more often than not. However, “When a majority of citizens disagrees with economic elites and/or with organized interests, they generally lose. Moreover, because of the strong status quo bias built into the US political system, even when fairly large majorities of Americans favor policy change, they generally do not get it.” As such, this study would seem to provide strong evidence that the United States is an oligarchy (or plutocracy) rather than a democratic state.
It might be contended that this system is fine since, to use a misquote, what is the preference for GM is the preference for Americans. That is, it could be claimed that the elites and the majority of Americans have the same or similar preferences. However, the study found that the interests of the wealthy are not substantially correlated with the preferences of average citizens.” As such, the preferences of most Americans do not match the interests of the wealthy—but the wealthy generally get what they want.
One current example of this, which was not part of the study, is the fact that a very strong majority of Americans favor various gun control measures (such as universal background checks) yet bills that would make these measures into laws have failed. This provides a rather clear example of how the system works in general. Naturally, this example is merely an illustration—the statistical support is based in the 1,800 examined policies.
One possible objection is that the preferences of the majority are mistaken—that is, the majority wants things that are not in their best interest and what the elites want is what is actually best. For example, while most Americans might prefer stronger consumer protection laws when it comes to financial institutions, it could be claimed that they are in error. What is in their best interest is less consumer protection, which is what the financial elites want.
The obvious reply is that even if it were true that the majority is in error and the elites know best, this would arguing that the oligarchic system is better than a democratic system not that the system is not and oligarchic one.
Another possible objection is that the system is democratic in that people do vote for elected officials who then enact policies. Since the citizens can vote such officials out of office, they must be expressing the preferences of the citizens—despite the fact that policy and law consistently goes against the expressed preferences of the majority. This is to say that we have democratically created an oligarchy, so it is still a democracy (or at least a republic).
This objection is certainly interesting and raises a question about why people consistently re-elect people who consistently act contrary to their expressed preferences. One possibility is that the choices are very limited—you can vote for anyone you want, but a Democrat or Republican will almost certainly be elected. As such, the voters do get to vote, but they generally do not get real choices.
Another possibility is ignorance—people do not generally realize that what they get does not match what they claim to want. Such ignorance would put the moral blame partially on the citizens—they should be better informed. Then again, given the abysmal approval rating for congress it seems that people do realize this. This creates a rather odd scenario: people really hate congress, yet generally keep re-electing them over and over.
A third possibility is that there are many strong propaganda machines that are devoted to convincing people that the laws and policies are good. So, while people have a preference for one thing, they are persuaded to believe that what is in the interest of the oligarchy is what they should like. People might also be distracted by other matters—for example, people who oppose same-sex marriage will support politicians who oppose it, even if the politician also supports policies that are contrary to the voter’s economic interests. In this case, the moral failing is on the part of the deceivers—they are tricking citizens with deceit and corrupting democracy.
Another approach to objecting to the study is to raise questions about the methodology. One obvious question would be whether or not the 1,800 policies are properly representative of the political system. After all, if the researchers picked ones that favored the wealthy and ignored others that matched public preferences, then the study would be biased. As such, a key question is whether or not the sample used in the study is large enough and representative enough to adequately support the conclusion.
Another obvious question would be whether or not the study had the preferences of the people correct. After all, in order to properly claim that the laws and policies do not generally match the preferences of the majority, the claimed preferences would need to be the actual preferences of the majority.
Naturally, addressing these concerns would require examining the study carefully and objectively, rather than merely dismissing or accepting it based on how one feels about the matter. Some might also be tempted to dismiss the study based on mere ad homimen attacks on those conducting it. For example, one might fallaciously reject the study by simply claiming that those involved are biased liberal intellectuals who are trying to advance a leftist agenda. If this were true and the study were thus flawed, then the evidence would lie in the defects of the study—not in the feelings of those attacking with ad homimens.
The Cost of Litter
After running the Palace Saloon 5K, I participated in a cleanup of a nearby park. This event, organized by my running friend Nancy, involved spending about an hour and a half picking up trash in the Florida sun. We runners created a pile of overstuffed trash bags full of a wide range of discarded debris.
On my regular runs, I routinely pick up litter. This ranges from the expected (discarded cans) to the unusual (a blender dropped off in the woods). These adventures in litter caused me to think about the various issues related to litter and most especially the cost of litter.
One obvious cost of litter is the aesthetic damage it inflicts. Litter is ugly and makes an area look, well, trashy. While this cost might be partially paid by those who litter, it is also inflicted on those who visit the area and do not litter. One of the many reasons I pick up litter is that I prefer not to run through trashy places.
Another obvious cost of litter is the environmental damage it inflicts. Some of this is quite evident, such as oil or paint leaking from discarded cans. Other damage is less evident, such as the erosion and flooding that can be caused by litter that clogs up storm drains. There is also the harm done to animals directly, such as sea life killed when their stomachs fill with plastic debris. As with the aesthetic damage, the cost of the litter is largely paid by those who did not litter—such as the turtles and sea-birds harmed by discarded items.
A somewhat less obvious cost is that paid by people who pick up the litter discarded by others. For example, I take a few minutes out of almost every run to pick up and dispose of trash discarded by others. There are also walkers in my neighborhood area who pick up trash during their entire walk—I will see them carrying full bags of cans, bottles and other debris that have been thrown onto the streets, sidewalks and lawns. And no, they are not gathering up the debris to cash it in for recycling money.
What I and others are doing is paying the cost of the littering of others with our time and effort. This is doubly annoying because the effort we need to expend to pick up the debris and dispose of it properly is generally more than the effort the discarder would have needed to expend to simply dispose of it herself. This is because such debris is often scattered about, in pieces or tossed into the woods—thus making it a chore to pick up and carry. Also, carrying trash while running is certainly more inconvenient than simply transporting it in a vehicle—and much of the trash beside the road is hurled from vehicles.
Some states, such as my home state of Maine, do shift some of the cost of litter to the litterer. To be specific, these states have a deposit on bottles and cans. When someone litters a can or bottle, he is throwing away the deposit—thus incurring a small cost for his littering. When someone picks up the bottle or can, she can redeem it for the deposit—thus offsetting the cost of her effort. While this approach does not cover all forms of litter, it does have a significant impact on the litter problem by providing people with an incentive to not litter or to pick up the litter thrown away by others.
This model of imposing a cost on littering and providing a reward for cleaning up litter seems to be an ethical system. In terms of fairness, it seems right that the person littering should pay a price for the damage that she does and the cost that she inflicts on others. It also seems right that people who make the effort to clean up the messes caused by others should receive compensation for their efforts. The obvious challenge is making the model work on a broader scale beyond just bottles and cans. Unfortunately, there are many more people who are lazy, uncaring or imbued with a feeling of entitlement than there are who have a sense of responsibility and duty. As such, I know I will be cleaning up after others for the rest of my life.
Men, Women, Business & Ethics
On 4/9/2014 NPR did a short report on the question of why there are fewer women in business than men. This difference begins in business school and, not surprisingly, continues forward. The report focused on an interesting hypothesis: in regards to ethics, men and women differ.
While people tend to claim that lying is immoral, both men and woman are more likely to lie to a woman when engaged in negotiation. The report also mentioned a test involving an ethical issue. In this scenario, the seller of a house does not want it sold to someone who will turn the property into a condo. However, a potential buyer wants to do just that. The findings were that men were more likely than women to lie to sell the house.
It was also found that men tend to be egocentric in their ethical reasoning. That is, if the man will be harmed by something, then it is regarded as unethical. If the man benefits, he is more likely to see it as a grey area. So, in the case of the house scenario, a man representing the buyer would tend to regard lying to the seller as acceptable—after all, he would thus get a sale. However, a man representing the seller would be more likely to regard being lied to as unethical.
In another test of ethics, people were asked about their willingness to include an inferior ingredient in a product that would hurt people but would allow a significant product. The men were more willing than the women to regard this as acceptable. In fact, the women tended to regard this sort of thing as outrageous.
These results provide two reasons why women would be less likely to be in business than men. The first is that men are apparently rather less troubled by unethical, but more profitable, decisions. The idea that having “moral flexibility” (and getting away with it) provides advantage is a rather old one and was ably defended by Glaucon in Plato’s Republic. If a person with such moral flexibility needs to lie to gain an advantage, he can lie freely. If a bribe would serve his purpose, he can bribe. If a bribe would not suffice and someone needs to have a tragic “accident”, then he can see to it that the “accident” occurs. To use an analogy, a morally flexible person is like a craftsperson that has just the right tool for every occasion. Just as the well-equipped craftsperson has a considerable advantage over a less well equipped crafts person, the morally flexible person has a considerable advantage over those who are more constrained by ethics. If women are, in general, more constrained by ethics, then they would be less likely to remain in business because they would be at a competitive disadvantage. The ethical difference might also explain why women are less likely to go into business—it seems to be a general view that unethical activity is not uncommon in business, hence if women are generally more ethical than men, then they would be more inclined to avoid business.
It could be countered that Glaucon is in error and that being unethical (while getting away with it) does not provide advantages. Obviously, getting caught and significantly punished for unethical behavior is not advantageous—but it is not the unethical behavior that causes the problem. Rather, it is getting caught and punished. After all, Glaucon does note that being unjust is only advantageous when one can get away with it. Socrates does argue that being ethical is superior to being unethical, but he does not do so by arguing that the ethical person will have greater material success.
This is not to say that a person cannot be ethical and have material success. It is also not to say that a person cannot be ethically flexible and be a complete failure. The claim is that ethical flexibility provides a distinct advantage.
It could also be countered that there are unethical women and ethical men. The obvious reply is that this claim is true—it has not been asserted that all men are unethical or that all women are ethical. Rather, it seems that women are generally more ethical than men.
It might be countered that the ethical view assumed in this essay is flawed. For example, it could be countered that what matters is profit and the means to this end are thus justified. As such, using inferior ingredients in a medicine so as to make a profit at the expense of the patients would not be unethical, but laudable. After all, as Hobbes said, profit is the measure of right. As such, women might well be avoiding business because they are unethical on this view.
The second is that women are more likely to be lied to in negotiations. If true, this would certainly put women at a disadvantage in business negotiations relative to men since women would be more likely to be subject to attempts at deceit. This, of course, assumes that such deceit would be advantageous in negotiations. While there surely are cases in which deceit would be disadvantageous, it certainly seems that deceit can be a very useful technique.
If it is believed that having more women in business is desirable (which would not be accepted by everyone), then there seem to be two main options. The first is to endeavor to “cure” women of their ethics—that is, make them more like men. The second would be to endeavor to make business more ethical. This would presumably also help address the matter of lying to women.
Utah, Procreation & Same-Sex Marriage
As a general rule, I would contend that if something is morally wrong, then it should be possible to present non-fallacious and reasonable arguments to show that it is wrong. I would also probably add that there should be actual facts involved. I would obviously not claim that the arguments must be decisive—one generally does not see that in ethics. While people continue to argue against same sex marriage, the arguments continue to be the usual mix of fallacies and poor reasoning. There is also the usual employment of “facts” that are often simply not true.
In the United States, the latest battle over same-sex marriage is taking place in Utah. The state is being sued on the grounds that the amendment that forbids same-sex marriage is a violation of their rights. The lawsuit certainly has merit—a state does not get to violate constitutional rights even if many people vote in favor of doing so. As such, a rather important legal question is whether or not same-sex couples’ rights are violated by this law.
Utah is following the usual model of arguing against same-sex marriage, although they have at least not broken out the argument that allowing same-sex marriage will lead to or is equivalent to a person marrying a goat.
As might be expected, they made used of the usual pair of fallacies: appeal to tradition and appeal to common practice by claiming that defining marriage as being between a man and a woman is correct because it is “age-old and still predominant.”
Utah also tried the stock procreation gambit, with an added bit about the state’s interest: “Same-sex couples, who cannot procreate, do not promote the state’s interests in responsible procreation (regardless of whether they harm it).” Utah has also made use of the boilerplate argument about “responsible procreation” and “optimal mode of child rearing.”
Same-sex marriage is thus criticized on two grounds in regards to “responsible procreation.” The first is that same-sex couples cannot procreate naturally. The second is that same-sex couples will fail to provide an “optimal mode of child rearing.” To deny same-sex couples the right to marry because of these criticisms would require accepting two general principles: 1) marriage is to be denied to those who do cannot or do not procreate and 2) people who are not capable of the “optimal mode of child rearing” are to be denied marriage.
The first principle entails that straight couples who do not want children or cannot have them must also be denied marriage. After all, if an inability (or unwillingness) warrants denying same-sex couples the right to marry, the same would also apply to different-sex couples.
This principle would also seem to imply that couples who use artificial means to reproduce (such as in vitro fertilization or a surrogate) must be denied marriage. After all, same-sex couples can use these methods to procreate. Alternatively, if different-sex couples can use these methods and be allowed to marry, then same-sex couples who procreate would thus also be entitled to marriage.
The principle would also seem to entail that all married couples would be required to have at least one child, presumably within a specific time frame to ensure that the couple is not just faking their desire (or ability) to have children in order to get married. This would certainly seem to be a violation of the rights of the parents and a rather serious intrusion of the state.
The second principle would entail that straight couples who are not optimal parents must be denied marriage. This would seem to require that the state monitor all marriages to determine that the parents are providing an optimal mode of child rearing and that it be empowered to revoke marriage licenses (much like the state can revoke a driver’s license for driving violations) for non-optimal parents. Different-sex parents can obviously provide non-optimal modes. After all, child abuse and neglect are committed by different-sex couples.
While I do agree that irresponsible people should not have children and that the state has an obligation to protect children from harm, it seems absurd to deny such people the right to marry. After all, not allowing them to marry (or dissolving the marriage when they proved irresponsible) would hardly make such people more responsible or benefit the children. Now to the matter of the state’s interest.
For the sake of the argument, I will grant that the state has an interest in having people reproduce. After all, the state is just a collection of people, so if there are no new people, the state will cease to exist. Of course, this also would seem to give the state an interest in immigration—that would also replace lost people.
This interest in procreation does not, however, entail that the state thus has an interest in preventing same sex-marriage. Allowing same-sex marriage does not reduce the number of different-sex marriages—that is, there is not a limited number of allowed marriages that same-sex couples could “use up.” Also, even if there were a limited number of allowed marriages, same-sex couples would only be a small percentage of the marriages and, obviously enough, marriage is not a necessary condition for procreation nor responsible procreation. That is, people can impregnate or be impregnated without being married. People can also be good parents without being married.
In light of these arguments, the procreation argument against same-sex marriage is still clearly absurd.
Clinton vs. Bush 2016
While the 2016 election is still a few years away, the pundits have long been engaged in speculating about the two candidates that will face off in 2016. Naturally, no one takes the idea that there might be a viable third candidate very seriously. At best, a third candidate can siphon votes away from one of the two party anointed (like Ralph Nader did to Al Gore).
For the Democrats, the name that has the most conjuring power is Hilary Clinton. While she ran in 2008 and did well, a deal was struck that enabled Obama to take the White House. Hilary was rewarded with the Secretary of State position and then departed-perhaps to allow time for her to move out of the blast radius of political attacks on the President. After all, second term presidents tend to sink badly in the polls and no wise politician wants to be pulled down in that whirlpool.
For the Republicans, there was some talk about Chris Christie. However, he has damaged his brand by consorting a bit with Obama and is still trying to avoid being labeled as the troll under the bridge. Or, rather, the troll that closed the bridge. The latest name is an old name, that of Bush. Jeb, who apparently was supposed to be president rather than George II, has been getting considerable media attention lately. While Jeb Bush would seem to have conservative bona fides, he runs into a few problems. The first is that many folks are still not very happy with the last Bush in office. The second is that he is strongly associated with the Common Core and that has become a target of the Tea Party. This leads to a third problem-he seems to be a moderate Republican (perhaps even liberal by the current standards). As such, he will face a challenge in wooing the Tea Party-especially with strong competition from the current Tea Party crushes.
Interestingly, Bush’s mother would prefer that he not run for president: “He’s by far the best-qualified man, but no. I really don’t,” Mrs. Bush told Matt Lauer when asked if she wanted to see Jeb Bush, the former Florida governor, make a White House bid. “I think it’s a great country, there are a lot of great families, and it’s not just four families or whatever. There are other people out there that are very qualified, and we’ve had enough Bushes.”
While I would disagree with him being the best-qualified man (although her wording leaves it open that there is a better qualified woman), I do agree that there are other qualified people and that the country has had enough Bushes. One reason for this is the concern that America is supposed to be a democracy and the idea of a few (two in this case) families holding such control over the presidency does seem to run a bit counter to the spirit of democracy. That said, if enough people do actually want Hilary Clinton or Jeb Bush for president, then that would be democratic-the mere fact that they have had such a lock on politics should, perhaps, not disqualify them. Obviously, there is no actual law against this sort of dynasty building, so the disqualification would be moral rather than legal. That is, though they surely could run, they should not.
So, should it be Clinton vs. Bush in 2016?
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