I teach university-level sociology and statistics, and use this blog to post data notes about social inequalities and social movements (and sometimes photos of renovations I do on my Victorian house in downtown Indianapolis)
Friday, July 4, 2014
Personal Notes--Laclau and Mouffe, Hegemony and Socialist Strategy
Thursday, July 3, 2014
Personal Notes on Bourdieu, Logic of Practice
Preface
1. “In social sciences, the progress of knowledge presupposes progress in our knowledge of conditions of knowledge”
2. Move to reconcile theoretical and practical intentions, i.e., scientific and ethical/political.
4-5. Structuralism as the study of relationships; “Frazerian comparative culture which picks out decontextualized themes…” & colonialism; “good intentions so often make bad sociology”
8. Structural research, like scientific research, “continual retouching gives greater comprehensiveness and unity . . . whereas each detail of this picture, cut off and isolated from the whole, loses all meaning and no longer represents anything.”
10. The process of organizing facts is itself interpretive and an imposition on the system one is studying, thus showing the limits of the logic of practice. Bourdieu’s attempt to put into an organizing chart all of the oppositions and similarities was impossible, [since the habitus isn’t amenable to such logical formalizations] and is an inherent weakness of structuralism.
11. Bourdieu questions why we don’t radically critique all objectification, and therefore science. Our logical models are typically reified and we lose sight of the fact that they are simply economical ways of describing a set of data.
12. Practice (practical logic) isn’t the same as logical principles underlying practice. Most insiders do not rely on logical principles to make practice choices—they simply “do”. Practical logic is rarely entirely coherent
14. “Theory” implies social distance; the distance between the observer and the observed, [the insider and the outsider]
16. Bourdieu reconceptualizes the social scientist’s task of finding the logical meaning behind the practices (e.g., the ritualistic, traditional meanings behind marriage) and to see the benefit to the participants, specifically, the accumulation of economic and symbolic capital.
18. “Rites are practices that are ends in themselves, that are justified by their very performance; things that one does because they are ‘the done thing’, ‘the right thing to do’, but also because one cannot do otherwise.” The interpretive study of rites implies that the actors are intentionally seeking to accomplish these [subconscious, traditionalistic ends, rather than simply “doing what one does”]
Introduction
25. One of the most destructive divides in social science is that between subjectivism and objectivism, and the fact that these dichotomies persist evidence the fundamental importance of them both.
26. Objectivism ignores the radical continuity between theory and practice, as if our perception of external structures can ever bring us to ontological reality. Qua Schutz, objective knowledge becomes “constructs of constructs produced by the actors on the social scene”
27. Bourdieu believes that social science must not only make the first break of questioning native experience and representations, but also questioning the presuppositions of the ‘objective’ observer who seeks to interpret native experience. The objective observer typically attempts to reduce exchanges (practice) to symbolic exchanges [see Nacirema]
27. He feels one of the most formidable barriers is the fact that scientific practitioners have constructed systems of power to protect their power over knowledge production, and delegitimize other ways of knowing. This power relationship is ignored
Ch. 1
33-34. Participant observation, dominant in anthropology, is one of the research methods that most disguises the distinction between subject and object, by allowing the researcher to believe she is truly understanding the world of the observed. “simply another way of avoiding the question of the real relationship of the observer to the observed and its critical consequences for scientific practice.”
36-37. “the ‘thinker’ betrays his secret conviction that action is only fully performed when it is understood, interpreted, expressed… Leads one to conceive action as something to be deciphered, … that a gesture or ritual expresses something, rather than saying, quite simply, that it is ‘sensible’.”
40. Structuralism and objectivism proposes the categories that create the rules for the behavior and culture of the observed, ignoring the fact that these behaviors have been made by social processes of production and reproduction, not from a priori rules
Ch. 2
42. Sartre greatly contributed to a theory of action built around strategies oriented towards ends, and anticipated reactions by others. [symbolic interactionism]
46. He further clarifies that the science of studying humans derives from humans, which is a core problem of the objectivist/subjectivist dichotomy. Objectivist understandings of humans are based in external or internal determinisms, while subjectivist understandings of humans based on the future intended outcome, or rather, the expectation of profit, which leaves out antecedent causes. In this sense, the subjectivist vision is the foundation for rational choice theory, essentially deterministic itself.
48. Pascal can be considered a forerunner of insight into the habitus, who talked about our justifications of our actions and beliefs based on our practice.
49. Logical paradox: one can choose to believe p. However, one cannot simultaneously believe p, and also to believe that the decision to believe p was based on a choice to believe p. The memory of the process must be obliterated.
Ch. 3.
52. Objectivism allows the researcher to see the entire social world as an object of study, as theater, and every action is filled with symbolic meaning. … In contrast, the “theory of practice as practice”, assumes that actions are constructed out of a system of dispositions/habits/practices (habitus) that have some practical function.
53. The habitus is a system of durable practices that allow agents in a particular class of conditions to adapt and accomplish a certain outcome. However, there is no assumption of intentional aims in such agents, or an overarching set of principles or orchestrator. … The agent, working within this habitus, is acting in a “world of already realized ends—procedures to follow, paths to take…”
54. Contrary to scientific experimentation that gives preference to recently gained knowledge, habitus gives preference to early experiences. … The habitus therefore is a product of history, and the schemes become engrained in human practice and interpretation. In this way it tends to guarantee consistency in continued practice to anything that does not conform to the history of accepted practices.
55. The habitus is not deterministic in a mechanical way—it allows freedom of thought and action. However, limitations exist based on the range of past experiences, and in this way makes habitus seem deterministic. Further, because we depend so heavily on habitus to accomplish our outcomes, it is difficult to think and act outside of the habitus, both theoretically, and practically, since the habitus is social and other agents actively limit our expressive capacity.
55-56. habitus is circumscribed by each particular class, and tends to generate behaviors that we see as “reasonable” and “common-sense”, and “that are likely to be positively sanctioned,” while at the same time limiting behaviors that would be “negatively sanctioned because they are incompatible with objective conditions”—i.e., the other agents believe such behaviors are not productive or destructive.
56-58. Practices cannot be deduced from current conditions, but can only be understood within the historical context in which that habitus emerged. The habitus is “embodied history”. … It brings together two objectifications—bodies and institutions. The practices of our bodies to accomplish objectives match the institutions that have become established in our habitus. Both reinforce the other, and what make both seem “natural.” … Institutions aren’t viable if they are simply logical or functional, but they most also match the dispositions of our bodies.
59-60. All individuals that come from a particular social class [habitat] will share exposure to similar beliefs and practices, i.e., they will have the same habitus. “Personal style”, is the stamp of a group’s habitus.
62. The habitus is the solution to the objectivist, subjectivist paradox—it gives us strategies for action, yet we need not have subjective intentions to act. Our complex series of behaviors and routines are structured by the habitus. [Part of what Bourdieu also wants to do here is subvert rational choice theory]
Ch. 4
66. Practical sense is our bodily involvement in the world. It is like having a “feel for the game” for any given field using one’s habitus. Practical sense is what gives us our sense of subjective experience—the meaning, investment and predictability for our actions. Native membership in a field is what makes everything within that field “make sense”, or seem sensible.
67-68. In contrast to game fields, one doesn’t choose one’s social field, one is born into it, and one learns it through years of slow processes of autonomization. This makes one’s involvement in the game seem all the more unconditional and unconscious. … Just as a child learns to speak by doing, not by learning fundamental rules of speech, we learn to act by doing, not by learning the symbolic meaning of our actions. … This makes it as difficult to understand another habitus as it is to become a native speaker of a foreign language, since many of these patterns must be incorporated when very young. (see also pg. 74)
70-72. Oppositions between male and female bodies in the Kabyle people are fundamental, and reflect both the social and sexual divisions of labor. These dichotomies are also a fundamental part of the habitus.
73. Mimesis is the process acquisition of embodiment. It is more than simply imitation, which implies mechanization and the precise reproduction of specific gestures in every specific situation, as well as the conscious intention to memorize. Mimesis implies a generative schema that is unconsciously learned through socialization. Reproduction is the “practical reactivation which is opposed both to memory and knowledge”, and takes place below the level of consciousness. Further, “the body believes in what it plays at”—it is not simply mimicking actions, but the holistic embodied experience “makes sense”. Our bodies “do not memorize the past, it enacts the past, bringing it back to life. What is ‘learned by the body’ is not something that one has, like knowledge that can be brandished, but something that one is.”
Ch. 5
81. “because it is entirely immersed in the current of time, practice is inseparable from temporality. Science has a time which is not that of practice. For the analyst, time disappears. …it tends to ignore time and so to detemporalize practice.”
86. “Practice has a logic which is not that of the logician.” Over-analysis of practice leads to “the theorization effect”—the construction of false theories based on the use of data in ways other than its milieu allows.
90. “The logicism inherent in the objectivist viewpoint inclines one to ignore the fact that scientific construction cannot grasp the principles of practical logic without forcibly changing their nature. Objectification converts a practical succession into a represented succession.”
96. “The Kabyle woman setting up her loom is not performing an act of cosmogony; she is simply setting up her loom to weave cloth intended to serve a technical function.”
Ch. 6
103. “The motor of the whole dialectic of challenge and riposte, gift and counter-gift, is not an abstract axiomatics but the sense of honour, a disposition inculcated by all early education and constantly demanded and reinforced by the group, and inscribed in the postures and gestures of the body as in the automatisms of language and thought, through which a man asserts himself as a real, manly man.”
108-109. “Officialization [creating laws, explicating norms] is the process whereby the group (or those who dominate it) teaches itself and masks from itself its own truth, binds itself by a public profession which sanctions and imposes what it utters, tacitly defining the limits of the thinkable and the unthinkable and so contributing to the maintenance of the social order from which it derives its power.” … “Politics is the arena par excellence of officialization strategies.”
Ch. 7
115-116. Arranged marriages are initiated by prestigious family members being present, utilizing the symbolic capital of the importance of the family in the negotiations.
118. Where economic capital accumulation is not possible, religious and symbolic capital may be the only forms of capital accumulation.
119-120. Economic and symbolic capital are inextricably linked: the trust necessary for engaging in market transactions are supported by the symbolic capital of the trading parties. Dealers (or royalty) frequently make a large show of their symbolic capital to increase trust in their product and services. This includes marriage transactions. … “Symbolic capital is credit”
121. The hypersensitivity of families to slurs and innuendo is because it reduces their symbolic capital and thus their economic viability.
Ch. 8
124. Neither economic wealth nor cultural competence can be converted into capital unless the exchanges take place in a specific field relevant to that wealth and competence.
125. The tribal chief is like the head banker, who accumulates power, respect, obligations and service by lavishing gifts and food to the villagers.
131. “The accumulation of material wealth is simply one means among others of accumulating symbolic power—the power to secure recognition of power.” … Duby suggests that the accumulation of economic capital was not possible until symbolic capital could be reproduced durably.
132. Certification, licensure, diplomas, etc (credentials) separate the individual from having to prove her symbolic capital to each new person. Credentials are institutionalized forms of making symbolic capital permanent, objectifying it. Like law, credentials “symbolically consecrate” the power structures and classes that exist and reproduce the system of domination, guaranteeing the continuation of the structures of power.
Ch. 9
135. “The established order, and the distribution of capital which is its basis, contribute to their own perpetuation through their very existence, through the symbolic effect that they exert as soon as they are publicly and officially declared and are thereby misrecognized and recognized.” Social science can therefore not treat social realities as things (Durkheim), but must understand the symbolic value of the social realities. In doing so, social science must reintroduce the subjective meaning into the objective reality it has described, which originally destroyed the subjective meaning. Social science must then take into account both the quantifiable characteristics, as well as the meanings attached to them. Social science must therefore move beyond the debate between social physics (quantitative) and social phenomenology (qualitative).
136. The objectivist vision provides great numerical data about power differentials, but in doing so it destroys that which gives meaning to the exploitative relations, and thus which gives those relations power. Even though these symbolic meanings of power are “misrecognitions”—i.e., constructed hierarchies of meaning with little relationship to objective reality—within the habitus and field, their exploitative power remains when left unchallenged and misunderstood.
141. Subversive action helps us correctly recognize the exploitative nature of modes of domination and the previously misrecognized meanings of the symbols of power.
Monday, June 30, 2014
Justice Ginsburg Dissent: Burwell v. Hobby Lobby
Hobby Lobby Ginsburg Dissent
(p. 14) Until this litigation, no decision of this Court recognized a for-profit corporation’s qualification for a religious ex¬emption from a generally applicable law, whether under the Free Exercise Clause or RFRA.13 The absence of such precedent is just what one would expect, for the exercise of religion is characteristic of natural persons, not artificial legal entities. As Chief Justice Marshall observed nearly two centuries ago, a corporation is “an artificial being, invisible, intangible, and existing only in contemplation of law.” Trustees of Dartmouth College v. Woodward, 4 Wheat. 518, 636 (1819). Corporations, Justice Stevens more recently reminded, “have no consciences, no beliefs, no feelings, no thoughts, no desires.” Citizens United v. Federal Election Comm’n, 558 U. S. 310, 466 (2010) (opin¬ion concurring in part and dissenting in part). …
(p. 16) Indeed, until today, religious exemptions had never been extended to any entity operat¬ing in “the commercial, profit-making world.” Amos, 483 U. S., at 337.16
(16-17) The reason why is hardly obscure. Religious organiza¬tions exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community. Indeed, by law, no religion-based criterion can restrict the work force of for-profit corporations. See 42 U. S. C. §§2000e(b), 2000e–1(a), 2000e–2(a); cf. Trans World Airlines, Inc. v. Hardison, 432 U. S. 63, 80–81 (1977) (Title VII requires reasonable accommodation of an employee’s religious exercise, but such accommodation must not come “at the expense of other[ employees]”). The distinction between a community made up of believers in the same religion and one embracing persons of diverse beliefs, clear as it is, constantly escapes the Court’s attention.17 One can only wonder why the Court shuts this key difference from sight.
(18-19) Moreover, history is not on the Court’s side. Recognition of the discrete characters of “ecclesiasti¬cal and lay” corporations dates back to Blackstone, see 1 W. Blackstone, Commentaries on the Laws of England 458(1765), and was reiterated by this Court centuries before the enactment of the Internal Revenue Code. See Terrett v. Taylor, 9 Cranch 43, 49 (1815) (describing religious corporations); Trustees of Dartmouth College, 4 Wheat., at 645 (discussing “eleemosynary” corporations, including those “created for the promotion of religion”). To reiterate, “for-profit corporations are different from religious non-profits in that they use labor to make a profit, rather than to perpetuate [the] religious value[s] [shared by a commu¬nity of believers].”
(19) By incorporating a business, however, an individual separates herself from the entity and escapes personal responsibility for the entity’s obliga¬tions. One might ask why the separation should hold only when it serves the interest of those who control the corpo¬ration.
(19-20) The Court’s determination that RFRA extends to for¬profit corporations is bound to have untoward effects. Although the Court attempts to cabin its language to closely held corporations, its logic extends to corporations of any size, public or private.19 Little doubt that RFRA claims will proliferate, for the Court’s expansive notion of corporate personhood—combined with its other errors in construing RFRA—invites for-profit entities to seek religion-based exemptions from regulations they deem offensive to their faith.
(23) Importantly, the decisions whether to claim benefits under the plans are made not by Hobby Lobby or Cones- toga, but by the covered employees and dependents, in consultation with their health care providers. Should an employee of Hobby Lobby or Conestoga share the religious beliefs of the Greens and Hahns, she is of course under no compulsion to use the contraceptives in question. But “[n]o individual decision by an employee and her physi¬cian—be it to use contraception, treat an infection, or have a hip replaced—is in any meaningful sense [her employ¬er’s] decision or action.” Grote v. Sebelius, 708 F. 3d 850, 865 (CA7 2013) (Rovner, J., dissenting). It is doubtful that Congress, when it specified that burdens must be “sub¬stantia[l],” had in mind a linkage thus interrupted by independent decision makers (the woman and her health counselor) standing between the challenged government action and the religious exercise claimed to be infringed. Any decision to use contraceptives made by a woman covered under Hobby Lobby’s or Conestoga’s plan will not be propelled by the Government, it will be the wo- man’s autonomous choice, informed by the physician she consults.
(27) The Court ultimately acknowledges a critical point: RFRA’s application “must take adequate account of the burdens a requested accommodation may impose on non¬ beneficiaries.” Ante, at 42, n. 37 (quoting Cutter v. Wilkinson, 544 U. S. 709, 720 (2005); emphasis added). No tradition, and no prior decision under RFRA, allows a religion-based exemption when the accommodation would be harmful to others—here, the very persons the contra¬ceptive coverage requirement was designed to protect. Cf. supra, at 7–8; Prince v. Massachusetts, 321 U. S. 158, 177 (1944) (Jackson, J., dissenting) (“[The] limitations which of necessity bound religious freedom . . . begin to operate whenever activities begin to affect or collide with liberties of others or of the public.”).
(31-32) But the Lee Court made two key points one cannot confine to tax cases. “When followers of a particular sect enter into commercial activity as a matter of choice,” the Court observed, “the limits they accept on their own con¬duct as a matter of conscience and faith are not to be superimposed on statutory schemes which are binding on others in that activity.” Id., at 261. The statutory scheme of employer-based comprehensive health coverage in¬volved in these cases is surely binding on others engaged in the same trade or business as the corporate challengers here, Hobby Lobby and Conestoga. Further, the Court recognized in Lee that allowing a religion-based exemption to a commercial employer would “operat[e] to impose the employer’s religious faith on the employees.” Ibid.29 No doubt the Greens and Hahns and all who share their beliefs may decline to acquire for themselves the contra¬ceptives in question. But that choice may not be imposed on employees who hold other beliefs. Working for Hobby Lobby or Conestoga, in other words, should not deprive employees of the preventive care available to workers at the shop next door,30 at least in the absence of directions from the Legislature or Administration to do so.
(33-34) [H]ow does the Court divine which religious beliefs are worthy of accommodation, and which are not? Isn’t the Court disarmed from making such a judgment given its recognition that “courts must not presume to determine . . . the plausibility of a religious claim”? Ante, at 37. Would the exemption the Court holds RFRA demands for employers with religiously grounded objections to the use of certain contraceptives extend to employers with religiously grounded objections to blood transfusions (Jehovah’s Witnesses); antidepressants (Scientologists); medications derived from pigs, including anesthesia, intravenous fluids, and pills coated with gelatin (certain Muslims, Jews, and Hindus); and vaccinations (Christian Scientists, among others)?31 According to counsel for Hobby Lobby, “each one of these cases . . . would have to be evaluated on its own . . . apply[ing] the compelling interest-least restrictive alternative test.” Tr. of Oral Arg. 6. Not much help there for the lower courts bound by today’s decision.
(34-35) There is an overriding interest, I believe, in keeping the courts “out of the business of evaluating the relative mer¬its of differing religious claims,” Lee, 455 U. S., at 263, n. 2 (Stevens, J., concurring in judgment), or the sincerity with which an asserted religious belief is held. Indeed, approv¬ing some religious claims while deeming others unworthy of accommodation could be “perceived as favoring one religion over another,” the very “risk the Establishment Clause was designed to preclude.” Ibid. The Court, I fear, has ventured into a minefield, cf. Spencer v. World Vision, Inc., 633 F. 3d 723, 730 (CA9 2010) (O’Scannla in, J., con¬curring), by its immoderate reading of RFRA. I would confine religious exemptions under that Act to organiza¬tions formed “for a religious purpose,” “engage[d] primarily in carrying out that religious purpose,” and not “engaged. . . substantially in the exchange of goods or services for money beyond nominal amounts.” See id., at 748 (Klein¬feld, J., concurring).
Wednesday, June 25, 2014
2014 Mississippi Election and Potential Race Effects
I first got a baseline of participation by looking at the 2008, 2012 and 2014 primary election results (see Table 1) to assess general Mississippi excitement about voting. Voting data comes from the FEC.
| Table 1: Primary Results | Republican Total | Democrat Total |
| 2008 Primary Turnout | Cochran unopposed | 358,751 |
| 2012 Primary Turnout | 285,899 | 86,588 |
| 2014 Primary Turnout | 313,486 | 84,339 |
The 2008 primary seems to provide little guidance--Cochran ran unopposed, so there is no Republican primary data, and Fleming, the Democratic winner, was a popular state representative, ginning up huge turnout relative to the subsequent years. For the 2012 and 2014 senate primaries, Democrat participation went down, while Republican participation went up.
Next, I looked at the general senate election results for 2008 and 2012 (see Table 2). There were four parties on the ballot--Republican, Democrat, Constitution and Reform. The latter two would likely have gone to the Republicans, so I include them in the Republican total.
| Table 2: General Results | Republican/Conservative Total | Democrat |
| 2008 Turnout | 766,111 | 480,915 |
| 2012 Turnout | 738,101 | 503,467 |
Finally, I looked at demographic changes in the population since 2008, using Census data, and some extrapolation. In Table 3, I provide the population estimates for 2008 (using the ACS 3-year sample from 2007-2009), 2012 (using Census estimates) and 2014 (my extrapolation, presuming population changes at the same rate as from 2008-2012). I add Black and Hispanic, since their voting patterns are frequently similar. The data represents only voting-age population, those 18 years and over. From 2008-2012, there has been an estimated 0.5% growth in the White population over 18, 4.4% growth in the Black population, and 43% growth in the Hispanic population (from 41,427 to 59,233).
| Table 3: Mississippi Demographics | White (non-Hispanic) | Black + Hispanic |
| 2008 | 1,356,052 | 798,760 |
| 2012 | 1,363,248 | 849,954 |
| 2014 | 1,366,846 | 875,5551 |
In the 2012 election, the Black vote went to Obama at 96%, while the White vote went to Romney at 89%. For simplicity of calculation, I presume that all of the "population growth" Black and Hispanic vote will go to Democrats, and all of the White "population growth" vote will go to Republicans. From Cochran's win in 2008 to 2014, there have been an estimated 76,791 added Black and Hispanic potential voters (measured at 18+ years, no other factors considered, such as incarceration, etc), compared to 10,794 White voters--a 65,997 voting advantage for the race minorities. If Cochran's "get out the Black vote" campaign for his primary win carries over minority vote excitement to the general election in November, where ALL of the population-added race minorities votes go to the Democrats, and ALL of the population-added White votes go to the Democrats, the results might look something like Table 4, neither of which produces a win for Democrats. This calculation presumes that ALL population-added potential voters will vote, and does not take into consideration that in the last mid-term election (2010), only 37% of the voter-eligible population in Mississippi voted.
| Table 4: Possible 2014 Results | Republican | Democrat |
| New population votes added to 2008 senate results | 776,905 | 557,706 |
| New population votes added to 2012 senate results | 713,224 | 529,064 |
The 2012 senate race saw a decreased Republican vote compared to 2008 (-7.4%), but an increased Democratic vote (+4.7). Despite this, and a dramatically increased race minority population compared to White population increase (6.4% to 0.5%), the senate Republican candidate still won the election with a 17% margin, and that with 2 other conservative party candidates on the ballot, and 96% of the Black vote going to Obama. Even if Cochran's "get out the Black vote" campaign carries excitement over to November, there seems to be little likelihood that the added potential Democrat votes will impact the outcome of a race that is not typically close at all.
Addendum, 6/26/2014
Due to the apparent success of Cochran's "get out the race minority vote" that presumptively targeted Democrats to beat McDaniel, many from the tea party/conservative radio are claiming it represents political "cheating." As a response, some are calling for Republicans to vote for the Democrat in the November general election, to punish Cochran for this "cheating." If such a movement took hold, I wanted to see if that would change the calculation above.
For this estimation, I used the vote for the 2008 senate, where there were 2 alternate conservative parties on the ballot (Constitution and Reform). In my previous analysis, I counted these with Republican votes. For this analysis, I will not only subtract those votes from the Republicans and add them to the Democrats, but to account for population growth, and perhaps some greater level of excitement from this contingent, I've doubled the number, from the original 28,475, to almost 60,000 extra votes for Democrats and subtracted from Republicans. Further, while I will leave all of the Black and Hispanic population growth votes on the Democrat side, I will account for the fact that 11% of Whites voted for Obama in the last election, subtracting those votes from Republicans, and adding them to the Democrats. But despite both of these changes, there is still very little ultimate change in the outcome (see Table 5)--Cochran wins with 53% of the vote (compared to the 2012 election results), even in this extreme, and very unlikely, scenario in the Democrats' favor.
| Table 5: Possible 2014 Results, Part 2 | Republican | Democrat |
| New votes added to 2008 senate results | 718,768 | 615,735 |
| New votes added to 2012 senate results | 655,914 | 586,374 |
Tenth Circuit Court of Appeals on the "Procreation" Argument Against Same-Sex Marriage
Appellants’ assertion that the right to marry is fundamental because it is linked to procreation is further undermined by the fact that individuals have a fundamental right to choose against reproduction. “If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child.” Eisenstadt v. Baird, 405 U.S. 438, 453 (1972) (emphasis omitted); see also Griswold, 381 U.S. at 485-86 (recognizing right of married individuals to use contraception). (p. 33)
The challenged restrictions on the right to marry and on recognition of otherwise valid marriages, however, do not differentiate between procreative and non-procreative couples. Instead, Utah citizens may choose a spouse of the opposite sex regardless of the pairing’s procreative capacity. The elderly, those medically unable to conceive, and those who exercise their fundamental right not to have biological children are free to marry and have their out-of-state marriages recognized in Utah, apparently without breaking the “conceptual link between marriage and procreation.” The only explicit reference to reproduction in Utah’s marriage law is a provision that allows first cousins to marry if “both parties are 65 years of age or older; or . . . if both parties are 55 years of age or older, upon a finding by the district court . . . that either party is unable to reproduce.” Utah Code § 30-1-1(2). This statute thus extends marriage rights to certain couples based on a showing of inability to reproduce. (p. 44)
Several recent district court decisions have rejected nearly identical state attempts to justify same-sex marriage bans based on procreative concerns. See Geiger, 2014 U.S. Dist. LEXIS 68171, at *43 (“Procreative potential is not a marriage prerequisite.”); Latta, 2014 U.S. Dist. LEXIS 66417, at *68 (“Idaho does not condition marriage licenses or marital benefits on heterosexual couples’ ability or desire to have children. No heterosexual couple would be denied the right to marry for failure to demonstrate the intent to procreate.”); DeBoer, 2014 U.S. Dist. LEXIS 37274, at *37 (“The prerequisites for obtaining a marriage license under Michigan law do not include the ability to have children . . . .”); De Leon, 2014 U.S. Dist. LEXIS 26236, at *44 (“This procreation rationale threatens the legitimacy of marriages involving post-menopausal women, infertile individuals, and individuals who choose to refrain from procreating.”); Bostic, 970 F. Supp. 2d. at 478-79 (“The ‘for-the-children’ rationale also fails because it would threaten the legitimacy of marriages involving post-menopausal women, infertile individuals, and individuals who choose to refrain from procreating.”). (p. 46)
Dist. LEXIS 68171, at *43 (“[A]ny governmental interest in responsible procreation is not advanced by denying marriage to gay a[nd] lesbian couples. There is no logical nexus between the interest and the exclusion.”); DeBoer, 2014 U.S. Dist. LEXIS 37274, at *40 (“Nor does prohibiting same-sex marriage increase the number of heterosexual marriages or the number of children raised by heterosexual parents.”); De Leon, 2014 U.S. Dist. LEXIS 26236, at *42-43 (“Defendants have failed to establish how recognizing a same-sex marriage can influence, if at all, whether heterosexual couples will marry, or how other individuals will raise their families.”); Bostic, 970 F. Supp. 2d at 478 (“[R]ecognizing a gay individual’s fundamental right to marry can in no way influence whether other individuals will marry, or how other individuals will raise families.”); Bishop, 962 F. Supp. 2d at 1291 (“Marriage is incentivized for naturally procreative couples to precisely the same extent regardless of whether same-sex couples (or other non-procreative couples) are included.”). Dist. LEXIS 68171, at *43 (“[A]ny governmental interest in responsible procreation is not advanced by denying marriage to gay a[nd] lesbian couples. There is no logical nexus between the interest and the exclusion.”); DeBoer, 2014 U.S. Dist. LEXIS 37274, at *40 (“Nor does prohibiting same-sex marriage increase the number of heterosexual marriages or the number of children raised by heterosexual parents.”); De Leon, 2014 U.S. Dist. LEXIS 26236, at *42-43 (“Defendants have failed to establish how recognizing a same-sex marriage can influence, if at all, whether heterosexual couples will marry, or how other individuals will raise their families.”); Bostic, 970 F. Supp. 2d at 478 (“[R]ecognizing a gay individual’s fundamental right to marry can in no way influence whether other individuals will marry, or how other individuals will raise families.”); Bishop, 962 F. Supp. 2d at 1291 (“Marriage is incentivized for naturally procreative couples to precisely the same extent regardless of whether same-sex couples (or other non-procreative couples) are included.”). (p. 51-52)
(Kelly Concurrence) Much of this court’s opinion is dedicated to finding otherwise by separating 9marriage from procreation and expounding on how other substantive due process and privacy concepts, including personal autonomy, dignity, family relationships, reproductive rights, and the like, are the antecedents and complements of same-gender marriage. But we should be reluctant to announce a fundamental right by implication. Not only is that beyond our power, it is completely arbitrary and impractical; as in this case, a state should be allowed to adopt change if desired and implement it. As these proceedings demonstrate, the State has a much better handle on what statutory and administrative provisions are involved, and what is necessary to implement change, than we do. (p. 9-10)
Friday, May 2, 2014
Federal Spending on Ground Transportation
This chart only depicts federal spending. Since a drop in federal spending represents a reduction in essential spending, those burdens have forced onto the state and local level, which have also felt the pressure of the stagflation "tax revolt," so have similarly been reducing tax rates and therefore spending. BCA Research has looked at a plummeting rate of infrastructure spending since 2002 as measured by "non-defense fixed investment" spending (I have not independently verified this data).
A local journalist, Rebecca Townsend, tracked a similar spending decrease in Indianapolis budgets, following flooding assaults on our roads and bridges in 2011.
Wednesday, April 30, 2014
National Household Gun Ownership vs. National Homicide Rates
A strong relationship exists between household gun ownership rates in the US since 1970 (GSS, downloaded April 2014, variable "owngun") and homicide rates (UCR, "Murder and nonnegligent manslaughter rate").
A dominant argument from groups advocating for a strong libertarian gun public policy approach (relatively few limitations, if any, on gun rights as determined by the 2010 Supreme Court decision in McDonald v Chicago) is that more guns make for safer communities. However, a macro-level analysis of national trends appears to show that as household gun ownership rates drop, that homicide rates also drop (all other crimes have also been dropping since around 1990, as reported by the FBI's Uniform Crime Report). While gun sales have allegedly gone up (as tracked by background checks, since gun sales cannot be officially tracked), as have gun manufacturer profits, research indicates that fewer households are owning guns, but households that own guns have more of them.
Correlation doesn't imply causation, but this relationship is strong (r = -0.89; a negative correlation below -0.7 would be considered very strong, and this is far beyond that threshold). Similarly, the chart is a nice visual depiction of the relationship. The data plotted for gun ownership represents the response rate to the question "Do you happen to have in your home any guns or revolvers" for those who answered "NO." Therefore the "increasing" values of blue line represents households that do not own a gun.
GSS data was collected approximately every other year on the question of gun ownership between 1972-2012 (23 of 40 years). Intermediate estimates are plotted based on polynomial regression. Data available on request.
Sunday, April 27, 2014
Ten Minutes with Mild Autism
First, take a mild hallucinogenic drug, like ecstasy, where your senses are heightened, and you lose the ability to block out all of the external stimuli—sounds, sights, smells, etc.—that you normally instinctively filter out without having to spend much mental energy. Even things like casual social touch can be, at best, jarring and distracting. Suddenly you are trying to block out the conversations of 6 different couples/groups elsewhere in the room, while also trying to focus on the conversation in your group. This becomes incredibly draining, very quickly.
Second, imagine that the people you are talking to are from the same foreign country as each other, so they understand each other, but you would not, so they speak English for you. They typically use the right words, but you struggle to piece together what they are saying. A major problem is that they have a terrible habit of using idioms from the textbooks they used to learn English, but the books were 100 years old, so you do not understand the idioms. If you had the time to sit and read a transcript of the conversation, you could eventually figure out what they were saying. But since you are in a real-time conversation, it increases the mental energy you have to expend to understand them, plus you and they both realize you are really not getting everything they are saying. This compounds the problem that all of the other conversations in the room are filtering into your conversation, since you cannot block it out. Things are getting frustrating.
Third, some linguists tell us that 80% of face-to-face conversation is paralanguage—those nonverbal cues such as tone of voice, facial expressions, and body language, that inform the words that we are saying. However, these foreign speakers are using paralanguage that is different you do not understand, but they all seem to understand each other correctly. The facial expressions that you think mean they are happy, to them actually means they are telling a very serious, even sad story. So even if you were fully able to focus on and comprehend their words, their paralanguage is different from what you expect. You find yourself expending even more mental energy trying to figure out what their tone, facial expressions, and body language means, while trying to mirror appropriate responses. Things continue to get more frustrating, both for you, and for them. At best they think you are “slow,” and at worst, just a rude jerk.
Fourth, you have been expending a lot of mental energy, and are finding it increasingly hard to block out the sensory stimulation. Sometimes they touch your shoulder and you jump, making everybody feel uncomfortable. You try to limit the perceptions coming in by “focusing your attention inward." You look sort-of in their direction but you are not really “looking at them,” and they know it. Partly because you may be looking at their shirt, their pants, their shoulder, their hair, anywhere but in their eyes or at their face. Face-perception is already very difficult for you, meaning, it is very difficult to recognize people by their faces, so you never developed the instinct that most people do to look at people’s faces in a social way. But it also consumes a lot of energy, because the face contains an amazing amount of nerves and muscles, and is always moving to express feelings and ideas. It becomes far too difficult to try to understand facial paralanguage, since it’s “foreign” to you anyway, so you try to “turn off” your eyes and just focus on the words they are saying.
By this point, the people you are talking to recognize there’s “something wrong with you.” In the process of trying to be social, you have completely exhausted all of your mental energy in just 10 minutes. Welcome to mild autism.
Tuesday, March 4, 2014
Counterintuitive Insights: GOP Attacks on Obama as Evidence that they Realize Putin Poses No Threat
First, Putin is an idiot. Despite the sudden and surprising explosion of US news pundits who have apparently thrown in their lot with the Russians, Putin is neither poised to take over Europe nor start World War 3. There isn’t anything particularly new about Russian nationalistic aggression—Georgia, Chechnya, Dagestan, are all relatively recent attempts to exert control over the region. While the latter two are legally Russian jurisdiction, being part of the Russian Federation, they also have semi-autonomous status with their own Constitutions and Parliaments. The primary difference with Ukraine is that it’s a bit farther west than the previous aggressions in the Caucasus, and Ukraine is formally its own state.
Several factors make the Ukraine situation complex, the most important of which is the country’s internal political turmoil, being in the middle of a violent and widespread revolution. The most recently elected president, Yanukovych, has fled the country because of the violence, but apparently has asked Russia to help disperse the rebellion. That, of course, raises the fundamental legal question--is Russia’s actions in Crimea an “invasion” or an “invitation”? Putting aside that question, Crimea is unique in that it has a large population of Ukrainians who identify ethnically and linguistically as “Russian,” and a treaty allows Russia to maintain a large naval base on the southern coast on the Black Sea in Sevastopol. Russian action in Crimea isn’t necessarily a shocker after civil unrest incentivizes the government to invite Russian assistance—a Russian takeover of Kiev would be the signal of a fundamental and cataclysmic change in Russian foreign policy. Until that happens, or until the Ukraine declares war on Russia, talk of “invasion” seems premature and hyperbolic.
On the second issue, the GOP and media’s haste in blaming Obama for Russian actions, I don’t quite understand why otherwise intelligent people would go on TV and say things like:
- "It's almost as if Putin is brilliant, really — he's outfoxing Obama all the time,” from The Daily Beast’s Tina Brown.
- “Why do we care? Because this is the ultimate result of a feckless foreign policy in which nobody believes in America’s strength anymore,” Sen John McCain
- "If Americans said, 'look, all options are on the table. We have a lot of military assets. ... Putin will pay a price for this. ...' We are too quick to proclaim our own helplessness. ... You want [Putin] to be humiliated." Bill Kristol on Morning Joe, 3/4/14
- ”Every time the president goes on national television and threatens Putin — or anyone like Putin — everybody’s eyes roll, including mine. We have a weak and indecisive president that invites aggression.” Sen Lindsey Graham
So, recognizing that the GOP loves the US, and are not idiots, what can explain their anti-Obama speeches? That’s my third point—money and votes. Ironically, this issue may be the most complex of the issues raised here, and may also be the biggest threat to democracy—greater than terrorists, greater than Putin, greater than heated political rhetoric. Several issues converge to create a toxic political climate in the US today. Arguably the umbrella issue that brings everything together is money—the love of which, is the root of all evil. In this case, I’m not going to argue that politicians’ love of money is causing them to give partisan speeches, but the fact that they are on a 24-hour, 365-day a year political campaign, which drives them to see every moment as a fundraising opportunity. With the capitalist-driven media creating a constant news cycle, every word is an opportunity for political points, or on the flip side, an opportunity for their political opponents to “snag” them—opponents on their left or right flanks. While historically most politicians could safely be centrists, the GOP especially has the worry now of being primaried on their Right by Tea Party folks, funded by large donors such as the Koch Brothers and Heritage Foundation.
Here is where I state my counterintuitive insight: I believe that the GOP leadership and media critiques of Obama are merely hubristic posturing, and that they know that Putin poses no geopolitical threat to US interests. My rationale, is that, as I stated above, I believe the GOP loves the US, and that they recognize if US interests were really threatened by Putin’s fumblings in the Ukraine, that they would rally around the President and portray a unified front of patriotism for the Commander-in-Chief. They recognize as well as anybody that a house divided against itself falls, and if the US were actually being threatened, it would be the time to come together, not abandonment, like rats from a ship going down.
So, recognizing that the GOP are not intentionally trying to bring down the United States, and nor are they idiots who simply don't know what they are doing, what can explain their anti-Obama speeches? That’s my third point—money and votes. Ironically, this issue may be the most complex of the issues raised here, and may also be the biggest threat to democracy—greater than terrorists, greater than Putin, greater than a simple matter of heated political rhetoric. Several issues converge to create a toxic political climate in the US today. Arguably the umbrella issue that brings everything together is money—the love of which, is, of course, the root of all evil.
In this case, I’m not going to argue that politicians’ love of money is causing them to give partisan speeches. However, the motivating fact is that they are on a 24-hour, 365-day a year political campaign, driving them to see every moment as a fundraising opportunity. With the capitalist-driven media creating a constant news cycle, every public word is an opportunity for political points, or on the flip side, an opportunity for their political opponents to “snag” them—opponents on their left or right flanks. While historically most politicians could safely be centrists, the GOP right now especially has the worry of being primaried on their Right by Tea Party folks, funded by large donors such as the Koch Brothers and the Heritage Foundation.
Not only is the media incentivized to create hyperbolic, simplistic, and titillating narratives about serious political issues, like complex domestic and foreign problems, and politicians feel obliged to feed that machine, but the Citizens United decision opened the door for mass amounts of money to fundamentally corrupt the democratic process. With House members operating on a 2-year election cycle, there is very little way for representatives to survive politically unless they spend the majority of their time campaigning, which means fund-raising. As clarified by retired GOP congressman, Rodney Alexander,
”that's an unfortunate part of the business that we're in. But it's the main business, and it's 24 hours a day raising money. It's not fair. It's not fair for the member, not fair for constituency to have to be approached every day or two or week or two about campaign contributions. So it's just a grueling business and I'm ready for another part of my life.”So does McCain really believe that Obama is “feckless”? Does Graham really believe that Obama is “weak and indecisive”? Is Bill Kristol really a patriarchal, abusive grunt, who believes that violence solves all of our problems, and that the only way to evoke good behavior from people is to “humiliate” them into submission? I hope not. I hope we have evolved beyond such notions.
Friday, February 21, 2014
Disability Spending---US vs. Europe
Using OECD data, I looked up country-level spending on "Disabilities Pension" from combined public and mandatory private sources. Using two measures--% of GDP, and per capita spending (PPP)--the US is near the bottom of industrialized country spending on people with disabilities.
Unemployment in Marion County (Indianapolis) by Census Tract, 2012
While the label shows the representations of gradations of census tracts with lower to higher rates of unemployment, what one can see from the labels is that many areas have unemployment rates above 30%, and several have rates above 35%.
Saturday, February 15, 2014
To Mike Delph: Unsolicited Advice--on Making Lemonade from Lemons
Let me adopt the role of unsolicited political consultant for Delph. Here is the question: what do you do once your highly publicized political agenda has been derailed (the failure of HJR-3), and you follow that with a 24-hour twitter rampage that has received national attention, with an impending "big Monday announcement" amidst speculation that you will leave the GOP caucus? This is what you do...
Allow these public disasters to define your public transformation. This is political jiu jitsu. Do not double-down on your past political position, but rather, double-down on the disaster itself. Think of a recent example--Senator Rob Portman of Ohio, also vigorously anti-gay, only to discover his own son is gay, and subsequently made a very public conversion in support of his son, and in support of gay rights. Yes, there were doubting nay-sayers on the Left, as well as some on the Right who called him a traitor. But like a phoenix, a new Portman has arisen that can appeal to moderates in both parties. THAT is what US politics is about--the center, which usually holds.
Sen Delph--if you want to survive this catastrophe, then make it clear that your "twitter meltdown" was symptomatic of your mental anguish over being torn by your traditional beliefs on the one hand, but your personal knowledge of your brother on the other hand. Any "re-birth" is accompanied by trauma, and that was yours. Be humble, admit you were wrong, use your love for your brother as the foil to disperse the past sin (as opposed to using your brother himself as a publicity stunt). Now is the moment to lead, Sen Delph--if you are courageous, then you will find your way to the other side, and perhaps, even to another term.
(And yes, I know I mention neither lemons nor lemonade in this essay. I'm too busy watching Voyager reruns on Netflix to ensure consistent use of metaphor.)
Tuesday, February 11, 2014
"The Regnerus Study"--Continuing Fallout
Drama around the paper has continued. Not only have numerous anti-gay groups cited the study in support of their causes, but Regnerus himself has been advocating for anti-gay legislation using the findings from his study, including a proposed Russian law that would remove children from the homes of same-sex couples. This, despite the fact that Regnerus himself later admitted flaws in his study. The American Sociological Association, the primary national organization for sociologists, have themselves filed a formal critique of the study, and submitted Amicus briefs to that effect.
Part of the controversy is that there may have been a conflict of interest in the reviewers chosen by the editor of SSR. John Becker, editor-in-chief of the Bilerico Project, filed suit November 2013 to obtain documents related to the process SSR used to vet the Regnerus study. Becker's likely goal is to determine if evidence suggests improper conduct on the part of the editorial or research staff--claims that have been lodged against the journal and researchers. Becker has already posted many documents to which he had previously gained access. As is explained in another section of this same site, the study appears to have been specifically funded by an issue-driven anti-gay group, with close to a million dollars invested by the Witherspoon Institute, and similar groups.
As documented above, the suit is against the University of Central Florida, where the editor of SSR is faculty, sociologist James Wright. The university has hired a legal team, headed by a former Florida Supreme Court justice, to prevent the documents from being released, and have thrown up numerous stalling barriers to the process. As of today, the case is still pending--just yesterday (2/10/2014) the court issued an "order to show cause." You can find an updated docket for this case at Florida's 5th Circuit Court.
Update, 3/10/14
Last week (3/3/14) the court updated the docket to the status of "jurisdiction relinquished." A call to the court clarified that it was sent back to the lower court for them to clarify their ruling. They have 45 days, or until approximately April 17th, to comply with the request. The court filing can be found here: CASE NO.: 2013-CA-5265-O.







