Supreme Court Paves the Way to Taxing Churches

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Finally some good news!

 

A U.S. Supreme Court decision yesterday pokes a hole in the separation of church and state. But that hole goes both ways.

 

Justices ruled 7-2 that Missouri could not withhold tax dollars to resurface a playground at a church preschool simply on the grounds that it’s a religious institution.

 

Therefore, one can expect any day now a ruling that the church can’t be exempted from paying taxes for the same reason.

 

Here’s the key issue.

 

Traditionally, the government doesn’t pay for the church. But now our highest court in the land has ruled that’s discriminatory!

 

Never mind that Missouri actually relented in this case and paid for the concrete anyway making the entire ruling moot and something that no other Supreme Court in history would have voted on because doing so would expose justices as being activists legislating from the bench.

 

No. Now that Republicans stole the seat of President Barack Obama’s rightful nominee, Merrick Garland, with President Donald Trump’s nominee, Neil Gorsuch (i.e. Scalia 2.0), the court is a decidedly fascist institution.

 

In other words, it’s no longer a body of scholarly justices dedicated to interpreting the law. It’s now a shell corporation of paid corporate lobbyists issuing justifications to support the mandates of the billionaire class.

 

The five wealthiest people in the country have as much money as 750 million people – each. And most of these mega-rich want to destroy our public school system so they can hoover up tax dollars into their private portfolios. (Once you’ve got that much money, it’s just a game where you’re playing against other multi-billionaires to see who can get all the money, flip over the board and proclaim themselves King.)

 

To do this, they need school vouchers to help destabilize the system. Chop it down, remove any pretense of accountability to taxpayers about how that money is being spent and then sweep up that sweet, sweet money.

 

It also has the added benefit of ensuring the next generation is dumb enough to – I don’t know – continue voting for reality TV stars as President.

 

But that’s just the most obvious implication.

 

Now that the state has been shown to be responsible to support the church, the reverse has also been proven: the church has responsibilities to support the state.

 

That’s right. No more tax free status for houses of worship.

 

Get ready to dig deep into your pockets, parishioners. Uncle Sam needs a new pair of shoes.

 

Who’s paying for all those needless wars of aggression? The Church Lady! That’s who!

 

Where are we going to get the money to keep up the counterproductive war on drugs? The collection plate!

 

Yep. The assembled flock is about to get fleeced!

 

What conservatives seem to forget is that the wall of separation between church and state wasn’t erected just to protect the state from influence by religion. It also was set up to protect religion from the state.

 

Once you have money flowing from one to the other, regulations are soon to follow.

 

Expect your cute little parochial school to put away the Bible and replace it with “The Origin of Species”.

 

What? Your faith compels you to believe in the Creation of Man by God and not scientific evolution of organisms through heritable traits? I guess you’ll just have to teach the controversy.

 

 

Some people in America still think that there’s value in having both public and private schools. They seem to think that it’s actually a benefit having school systems where people are taught differently. But this new ruling paves the way (pun intended) to breaking down the walls between each type of institution.

 

Yes, public schools will become more like religious schools. But religious schools will also become more like public schools.

 

The entire education system will become one big watered down whole. And – giggle – those pushing for it actually call the process “School Choice”!

 

Oh the plutocrats will do their best to cover it all up with culture war nonsense. You’ll hear hours of cable news blather about poor conservative bakers fighting not to make cupcakes for gay people. But behind this high profile grist for the mill will be active efforts at homogenization, government overreach and oligarchy.

 

There’s one way in which this is good news. Some people have always thought churches were getting off easy, that they were being allowed undue influence on politics without having to pay the entrance fee of taxation like the rest of us.

 

However, this was only ever true at some houses of worship. Others were dedicated to spirituality, community and charity while eschewing affairs of state altogether.

 

This new ruling rips away protections from those authentically beneficent congregations as it does those more politically inclined. It exposes the preacher and the partisan equally.

 

Moreover, anyone who doesn’t want their tax dollars supporting someone else’s religious beliefs can expect their cries to fall on deaf ears. Christians will fund Muslims and Jews will fund Christians and all will pay for the Church of Satan and whatever sect is formed to take advantage of this brave new source of tax revenue. Religion is now decidedly in the public domain and all that goes with it.

 

The results are bound to displease everyone – except the mega-rich.

 

In short, you can’t tear down the rules that were set up to protect everyone without opening us all up to ruin.

 

America’s religious people are about to find that out.

 

It’s almost poetic justice.

 

Get ready to reap what you sow.

Betsy’s Choice: School Privatization Over Kids’ Civil Rights

Betsy DeVos attends education meeting at the White House in Washington

 

Betsy DeVos seems to be confused about her job.

 

As U.S. Secretary of Education, she is responsible for upholding the civil rights of all U.S. students.

 

She is NOT a paid lobbyist for the school privatization industry.

 

Yet when asked point blank by Sen. Jeff Merkley (D-Ore.) whether her department would ensure that private schools receiving federal school vouchers don’t discriminate against lesbian, gay, bisexual, transgender and queer (LGBTQ) students, she refused to give a straight answer.

 

She said that the these schools would be required to follow all federal antidiscrimination laws but her department would not issue any clarifications or directives about exactly how they should be doing it.

 

“On areas where the law is unsettled, this department is not going to be issuing decrees. That is a matter for Congress and the courts to settle,” DeVos said at a hearing before the Senate Appropriations Subcommittee on Labor, Health and Human Services, and Education yesterday.

 

“I think you just said where it’s unsettled, such discrimination will continue to be allowed under your program. If that’s incorrect, please correct it for the record,” Merkley replied.

 

DeVos did not correct him.

 

Instead she simply repeated, “Schools that receive federal funds will follow federal law, period.”

 

Merkley said she was dodging the question.

“I think that’s very important for the public to know, that today, the secretary of education, before this committee, refused to affirm that she would put forward a program that would ban discrimination based on LGBTQ status of students or would ban discrimination based on religion,” he said.

 

“Discrimination in any form is wrong. I don’t support discrimination in any form,” DeVos replied.

 

But that doesn’t mean she’ll fight against it.

 

She held firm to her position that it is not her job as Secretary of Education to fight for students’ civil rights. That is the responsibility of Congress and the courts.

 

But she’s wrong.

 

The Office for Civil Rights (OCR) is part of the Department of Education.

 

According to the department’s own Website, the “OCR’s mission is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools.”

 

There is nothing “unsettled” about that at all. What IS unsettled is how and if the U.S. Constitution allows federal funds to be spent on private schools in any manner whatsoever.

 

At very least, it has been argued that giving tax dollars to parochial schools violates the establishment clause of the First Amendment guaranteeing a separation of church and state. Moreover, the degree to which voucher schools that don’t explicitly teach religion would have to abide by federal laws about what they can and should do is likewise “unsettled.”

 

Yet DeVos has no problem advocating for the school privatization industry. In fact, it has been her lifelong calling. As a billionaire Republican mega-donor, that’s exactly what she’s done for years – shoving bundles of cash at candidates and lawmakers to support school vouchers and charter schools.

 

Someone needs to remind her that that is no longer her role. In her official capacity as Secretary of Education, her job is not to advocate for school choice. But it IS her job to protect students’ civil rights – regardless of the type of school those students attend.

 

If a school is at all public, she is responsible for ensuring those students’ rights. And receiving public funds makes a school public.

 

 

Specifically, she is responsible for ensuring no child is discriminated against on the basis of race, color and national origin, according to Title VI of the Civil Rights Act of 1964.  This includes protecting children who are being treated unfairly due to limited understanding of the English language or who are still learning to speak the language. This includes children experiencing bigotry as a result of their shared ancestry, ethnicity or religion such as Muslims, Sikhs or Jews.

 

 

It is also her job to protect children from sexual discrimination as per Title IX of the Education Amendments of 1972.  No matter her own personal conservative views, she must protect pregnant teens or teen parents. And to speak toward Merkley’s point, according to the Department’s Website, this explicitly includes, “…sex stereotypes (such as treating persons differently because they do not conform to sex-role expectations or because they are attracted to or are in relationships with persons of the same sex); and gender identity or transgender status.”

 

She is also required to be a champion of students with disabilities as per Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. Moreover, Title II explicitly forbids public entities – whether or not they receive federal funds – from demonstrating any partiality against students with disabilities.

 

And that’s just the tip of the iceberg. She has to protect against age discrimination per the Age Discrimination Act of 1975 and enforce the Boy Scouts of America Equal Access Act. She is responsible for investigating complaints about equal access to youth groups conducting meetings at public schools and/or that receive federal funding.

 

To quote the Website, one more time:

 

“These civil rights laws extend to all state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries and museums that receive federal financial assistance from ED [the Education Department].”

 

I’m not so sure DeVos understand this – at all.

 

Nor do I expect her to get much help from the political ideologues she’s using to staff the department.

 

Take her choice for Assistant Secretary in the Office for Civil Rights, Candice Jackson.

 

She’s an ANTI-Civil Rights activist. She literally doesn’t believe in the office she’s running.

 

The 39-year-old attorney is anti-women’s rights, anti-distributive justice and possibly even anti-compulsory education and anti-Civil Rights Act of 1964!

 

She once filed a complaint against her prestigious college, Stanford University, for discriminating against her rights as a rich, white person by refusing to allow her access to free minority tutoring.

 

For all its faults, the Barack Obama administration took civil rights seriously. So much so that conservatives often criticized the Democratic organization as being overzealous in the execution of its duties.

 

The Obama era Education Department issued so many clarifications of the law that it received a record number of civil rights complaints. This required hundreds of additional lawyers and investigators and increasing the civil rights division by 30 percent.

 

Complaints went from more than six thousand in 2009 to almost ten thousand in 2015. Of these, the largest increase was in complaints of sex discrimination.

 

However, President Donald Trump has recommended the Department be downsized in his budget proposal.

 

The Reality TV star would cut the Department’s budget by 13 percent, or $9 billion, eliminating after-school and summer programming for kids and professional development for teachers.  Instead, he would invest $250 million in a school voucher incentive program and an additional $168 million for charter schools.

 

Also, getting a boost is personal security for DeVos, herself. She is spending an additional $1 million a month for U.S. Marshalls to guard her against protesters.

 

It should come as no surprise that Trump and DeVos don’t support the mission of the Department of Education. Both have expressed interest in disbanding the office altogether.

 

In a February magazine interview, DeVos said, “It would be fine with me to have myself worked out of a job. But I’m not sure that – I’m not sure that there will be a champion movement in Congress to do that.”

 

Likewise, Trump wrote in his 2015 book “Great Again: How to Fix Our Crippled America” that “if we don’t eliminate [the department] completely, we certainly need to cut its power and reach.”

 

That is exactly what DeVos is doing.

 

Under Presidents George W. Bush and Obama, it could be argued the Department was guilty of overreach. But Trump and DeVos are going in the opposite extreme.

 

Someone has to look out for students’ civil rights. That someone has traditionally been the Department of Education. With DeVos abdicating her responsibilities and continuing her role as a school privatization cheerleader, it is anyone’s guess who – if anyone – will step into the void.

Charter Schools and Voucher Schools are Virtually Identical

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The stark orange monolith that was Donald Trump is starting to crumble.

And with it so are the dreams of corporate education reformers everywhere.

Where in previous administrations they could pass off their policies as Democratic or Republican depending on whichever way the wind blows, today their brand has been so damaged by Trump’s advocacy, they fear it may never recover.

Under Presidents George W. Bush and Barack Obama, they could champion both charter schools and school vouchers with impunity. But now the privatizers and profiteers hiding in progressive clothing are trying desperately to rebrand.

Not only is Trump’s voucher plan deeply unpopular, but the public has already begun to associate any kind of school privatization with a doomed President.

So like cockroaches, neoliberals have begun to skitter to one type of privatization over another. Fake Democrats hide beneath unfettered charter school expansion. Bought-and-sold Republicans cling to the idea that we should spend taxpayer dollars on private and parochial schools.

But is there a real substantial difference between each of these so-called “choice” schemes? Or are they both just scams when compared with traditional public schools?

THE DIFFERENCES

Charter Schools and Private Schools are basically the same thing.

The biggest difference between the two is funding.

Charter schools are completely funded by tax dollars. Private schools – even when school vouchers are used – often need to be subsidized by parents. For instance, many private schools charge tuition of $30,000 – $40,000 a year. Vouchers rarely provide more than $6,000. So at best they bring the cost down but still make it impossible for most students to attend private schools.

Sure they may start as an effort to allow only impoverished children to use tax dollars towards private and parochial school tuition. But they soon grow to include middle class and wealthy children, thus partially subsidizing attendance at the most exclusive schools in the country for those families who can already afford it.

Parochial schools, meanwhile, are exactly the same except for one meaningful difference. They teach religion.

Their entire curriculum comes from a distinctly religious point of view. They indoctrinate youth into a way of seeing the world that is distinctly non-secular.

Progressives complain that using tax dollars to pay for student tuition at such schools – even only partial tuition – violates a foundational principal of our nation.

Using public money to pay for religious teaching has historically been interpreted as a violation of the establishment clause of the first Amendment to the Constitution – namely, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Thomas Jefferson called it “a wall of separation between Church and State.”

This is further exacerbated in many parochial schools where religious teaching includes a blatant political bias toward conservatism. Children at many of these schools are taught that supply side economics, voter disenfranchisement and prejudice are normative bedrock truths.

These are the main distinctions between voucher and charter schools.

In short, they’re not all exactly the same. And corporate reform apologist are trying to rebuild their brand on these split hairs.

But the similarities between these types of school are much more striking.

THE SIMILARITIES

The biggest commonality between these types of educational institutions is how they’re run. Unlike traditional public schools – which are governed by duly-elected school boards – charter, private and parochial schools are overseen by private interests. They are administered by independent management firms. They rarely have elected school boards. Their operators rarely make decisions in public, and their budgets and other documents are not open to review by taxpayers. This is true despite the fact that they are funded to varying degrees by public tax dollars.

So in all three cases, these schools are run privately, but taxpayers pick up the tab.

It’s ironic. Sending kids to charters, private and parochial schools with public money is called school choice. However, each of these types of schools gives taxpayers much less choice about how their money is being spent.

The community funds the school, but almost all decisions are made by people outside of the community – people appointed, in fact, by bureaucrats or business managers.

To be sure, parents can express their displeasure of administrative decisions by disenrolling their children in the school. But beyond this nuclear option, they are powerless. Even more troubling, taxpayers without children or with children who do not attend these schools have no say whatsoever about how their money is spent.

And to add insult to injury, it doesn’t even really allow the parents to choose which schools their children attend. They can put in a request for their kids to attend a choice school, but enrollment decisions are made by these same private equity managers. In short, administrators make the ultimate choice – not parents.

If the religious school doesn’t want to accept your child for whatever reason including operators’ disapproval of your religious beliefs, they don’t have to accept him. If the private school doesn’t want to accept your child based on race, gender or nationality, they don’t have to accept him. If the charter school doesn’t want to accept your child because of bad grades or troublesome behaviors, they don’t have to accept him.

The traditional public school, however, cannot refuse a child who lives in district borders for any of these reasons. In effect, school choice really isn’t about parental choice. It’s about increasing choice for the operators of privatized schools – letting them choose their students and how to spend your money without any meaningful input from you.

And it’s true at all three types of school!

Those are pretty considerable similarities. Moreover, they highlight major differences between these so-called choice schools and traditional public schools.

This is important because we don’t even have to get into the academic records of individual schools. The way each type of school is structured shows the clear inferiority of choice schools compared to traditional public schools.

By their very structure, public schools give parents and taxpayers much more agency in children’s education and how taxpayer money is spent.

Second, the latitude for school administrators to perpetrate fraud on the public is maximized in so-called choice schools and minimized in public schools. This doesn’t mean public schools are perfect, but it is much better to have a school under public scrutiny and local control than otherwise. This is demonstrated by the huge numbers of charter school scandals popping up in the news every day, where charters close suddenly, money is misspent on luxury items for operators that have nothing to do with education, and – especially in cyber charters – the quality of education students receive is literally lower than having no formal education at all.

Finally, if public schools struggle, it is almost always due to a lack of equitable funding and a surplus of impoverished students. It is no accident that poor students receive less resources and larger class sizes than middle class or wealthy ones. Nor is it an accident that we judge the effectiveness of schools primarily on standardized tests which are so good at highlighting the results of lack of resources rather than any academic deficiency.

If we spent our education dollars ensuring equitable resources instead of funneling tax dollars to charter, private and parochial schools, we would better increase the quality of children’s education. But for the last few decades that has not been the goal of education policy. It has instead been to enrich these same privatized school managers and investors – the corporate education reform industry. Nor is it a coincidence that this industry and its subsidiaries counts itself as major donors to both political parties.

Before she was elevated to Education Secretary, Betsy DeVos was exactly that – a billionaire mega-donor pushing school privatization while getting richer off investments in the same. Now that she’s driving school vouchers off a cliff in the Trump train, her co-conspirators are getting nervous.

Neoliberal Democrats may try to save the movement by claiming charter schools are completely different. But they aren’t. They are fundamentally the same.

The public sees the clear similarities between these kinds of schools. And much of that is thanks to the incompetent boobery of Donald J. Trump.