First, a question.  When does the Constitutional requirement for separation of church and state mean essentially nothing?

One answer:  When you live in a state where virtually all members of the state legislature are members of a single faith.  Or, as in my case, when one lives in the semi-sovereign theocracy of Deseret, more formally known as the state of Utah.

What reminded me of this, more forcefully than usual, was an official pronouncement the other day by the LDS Church.  The core of the declaration reads as follows:

“The Church is opposed to any legislation that will weaken Utah’s alcohol laws and regulations, including (1) privatization of the alcoholic beverage control system; (2) increases in alcohol license quotas; (3) permitting sales of heavy beer, wine and distilled spirits in grocery and convenience stores or allowing direct distribution of these products outside the state control system; and (4) any other proposals that would promote increased sales or consumption of alcoholic products in Utah.

“The Church also strongly supports maintaining the important distinctions between restaurants and bars. This includes retaining the current provisions that require the separation in restaurants of alcoholic beverage storage and dispensing functions from dining areas and patrons, the requirement of “intent to dine,” the 70%/30% food to alcohol ratio requirements for restaurants, and different hours of operations for restaurants and bars.”

This statement was issued exactly one week before the state legislature began its short annual session, and has actually generated a certain amount of controversy, even among members of the LDS faith.  Very few people disagree with the idea that the state, or any state, should have some regulations governing the sale of alcoholic beverages, but the degree of regulation varies greatly from state to state.  At one time in Utah, it was almost impossible to have a drink without a meal [and often not even then] unless one belonged to a “private club.”   So many establishments created “clubs” that any adult could join.  That requirement was eliminated a number of years ago, but a number of other seemingly senseless requirements remain on the books, including a population-based formula that makes it exceedingly difficult for restaurants to obtain liquor licenses and close to impossible for more than a comparative handful of bars/taverns to exist [to my knowledge there are only two in my home town, in an area of more than 50,000 people], a system that some claim begets hidden favoritism in awarding such licenses.  There is also the “Zion curtain” requirement – that the space in which drinks are prepared must be shielded from the view of all diners. There’s also a requirement that a diner must show intent to purchase food before obtaining a drink, and that a server may not provide a second drink until the first is entirely consumed. In addition, the importation of any alcohol from anywhere outside the state is prohibited, and all alcoholic products [with the exception of beers with less than 3.2% alcohol, which can be sold at grocery and convenience stores, and wines sold at local vineyards/wineries] must be purchased through the state liquor control stores or system.

You have a favorite wine from Sonoma or Napa?  Or anywhere outside of Utah?  If it’s not carried by the state stores, you’re out of luck.  No reputable vineyard or liquor outlet will knowingly ship alcohol to private citizens in Utah, Not only that, but several years ago, the state sent “observers” to watch Nevada liquor stores near the border, and those observers relayed the license plate numbers of Utah cars purchasing liquor… and those cars were stopped inside Utah, and their purchases confiscated.

Since I’m not a drinker and am, in fact, highly allergic to alcohol, all this doesn’t directly affect me, but my wife would like to occasionally sip certain wines, and it even takes me extra steps to send wine to my brother in Colorado – because the vineyard’s computers flag and question every order billed to a Utah address.

As a result of what many people feel are excessively stringent and unnecessarily burdensome regulations, there’s been a groundswell of popular pressure for additional reform of the state liquor laws. The result?  A proclamation by the LDS Church, which contends that it merely wants to keep alcoholism low in the state. Except that the regulations most people want changed won’t affect alcoholism.  Hard-core alcoholics aren’t going to order wines from out of state or order overpriced wines or cocktails at restaurants.  But certain name restauranteurs have decided to stay out of Utah… and there’s only one Trader Joes in the entire state.

Even more important than all that, though, is the fact that a church is openly dictating what the state laws should be on alcohol… and marriage… and sexuality – based directly on religious beliefs — and the state legislature doesn’t even have second thoughts about following those pronouncements.

The Special Counsel for the Education Group of the NAACP’s Legal Defense and Educational Fund recently decried what she termed the “education to prison” pipeline. The point she made was that black students, even at early primary school levels, are three times more likely to be suspended or expelled than are their white peers and that fifty percent of arrest referrals from schools involve black or Latino students. According to the attorney, such suspensions result in so much time lost from learning and disaffection with school that a much higher percentage drop out of school and/or end up serving time in prison, yet ninety-five percent of the infractions that result in suspension or expulsion from school involve non-violent offenses such as disruption of class or abusive talking back to a teacher.

The proposed solution? Focusing on “instructional discipline” and referring the problem students to guidance counselors rather than the police.

First off, instructional discipline doesn’t work if the student won’t do it, nor can guidance counselors help if the students won’t listen – and those are the very behavior patterns that cause students to get suspended in the first place. It’s not that the students are initially bad; it’s that the culture from which they come hasn’t provided them with the behavior patterns necessary for scholastic success. What makes matters worse is that these students desperately need discipline in their lives, but because of their background, they won’t get it outside of school and “modern” requirements for teachers make it almost impossible for classroom teachers to supply that.

A relative of mine was teaching in a city school several years ago when a second grader told her that he wasn’t going to do an in-class assignment… and that if she insisted, he’d yell and claim that she beat him. She said he needed to do it. He repeated the threat. She insisted. He screamed. She called the principal, who said that she could either recommend suspension… and face possible legal threats, or not insist on the boy doing the work. She quit and found a job in a suburban district where she taught successfully for years.

Abusive talk and disruptive behavior in a classroom are not “minor” problems. They threaten the learning of all the non-disruptive students, and if a teacher is required to spend the time necessary with the disruptive student, then the other students suffer. There is only so much time available in a class period or school day, and putting any additional burden on the classroom teacher simply penalizes the other students.

There are very successful charter schools in some of the toughest inner-city neighborhoods in the United States. And yes, they have dedicated teachers, but a great number of regular public school teachers are also dedicated. What the successful charter schools all have in common is that there is a commitment to a disciplined approach to learning and that disruptive behavior is simply not allowed. In most, but not all, cases, this also requires a commitment on the part of the parent/parents. Regular public schools don’t have those options, not with the feeling that every student, no matter how disruptive, has the “right” to an education.

The problem in the non-charter public schools is that essentially the only tool left to a classroom teacher to deal with highly disruptive students is to remove them. This solves the immediate problem, but not the underlying one, yet well-meaning people like the special counsel mentioned above don’t seem willing to accept that the basic problem doesn’t lie with the schools, but with the culture in which those students grow up, and in which they still spend most of their time. And until that problem is addressed, one way or another, there will continue to be problem students who get into more and more difficulties until they work their way from indifferent or non-learning school behavior to underemployment or prison… and all too many “reformers” will continue to blame the teachers or insist that those teachers undertake tasks that are impossible in most cases in the conditions under which they work.  Just like the problem students, too many “reformers” have exhibited a failure to learn.

As most readers of this blog know, I’m not exactly enchanted with George R.R. Martin’s Fire and Ice saga, although I have said repeatedly that he is a good writer. I just don’t like what he’s writing in that saga, but, based on something I heard in New York City, I may, just may, have to rethink at least part of my comments about this massive work.

One evening two weeks ago, at dinner with our son and his wife, our son made the observation, almost out of the blue, that “everyone on Wall Street reads Martin’s Game of Thrones. They’re obsessed with it.” He’s not a Wall Streeter, but he is the U.S. manager of a fashion outlet that caters to very upscale men, and a significant percentage of his clientele comes from the financial district. Then he mentioned that the same group really liked the movie, The Wolf of Wall Street. Both Game of Thrones and The Wolf of Wall Street share several attributes, most of all the fact that they’re about characters with few, if any, real redeeming characteristics who are out for wealth and power without any concern whatsoever about how they get it.

Then I considered another literary brouhaha between two writers, one of whom insists that writers who write works where the readers can identify with the characters are not writing “literature” and another who feels that the quality of writing is what counts in determining literary worth [with which I’m inclined to agree], with the subtext that almost all writing that gets published has an audience that identifies with a particular work… or author.

Combining our son’s observations with the reports of the literary kerfuffle, I couldn’t help but wonder if George is actually writing satirically about today in the guise of fantasy, if Westeros is really the western hemisphere in disguise, so to speak, where all those with power have few in any redeeming qualities, and where all those who succeed essentially have none… and all those finance types really love both Game of Thronesand The Wolf of Wall Street because they do in fact identify with the characters.

Could it just be that George R.R. Martin is actually this century’s Jonathon Swift… and I’ve missed it entirely? Even if that’s not what George had in mind, it’s what he’s effectively portrayed, and that segment of his audience certainly confirms that effectiveness.

As noted earlier on the website news section, I was in New York City last week for a signing at Singularity & Co. The night before we left to return home, an email from the airline revealed that we had been placed on an earlier flight, necessitating our rising far, far, earlier than we had anticipated. There was no explanation, but when I reviewed the airline’s schedules, the carrier had shifted the times of the two flights we had been on by roughly fifteen minutes each, so that a forty-five minute layover had become fifteen. I understand adjusting schedules, but what I found interesting – and irritating – is that I’ve been flying a fair number of miles on book business for the past twenty years, and this has happened at least four times in the last two years. I don’t recall a single instance in the eighteen years before, and I’ve actually traveled a bit less in the last two years. I’ve also noticed that connecting times tend to be either around forty minutes or over two hours, unless I’ve been flying very heavily traveled routes. I’ve talked this over with other travelers, and most of them have noticed a similar trend. Either way, I’m either worried and rushed or wasting time in connecting airports.

Now I realize that the so-called deregulated airline industry is still heavily regulated and that there are only limited number of landing and take-off slots at major airports. That means every schedule change affects an airline’s entire schedule. I also know that commercial aircraft are not getting faster, or slower, but posted flight times are now longer than ever, simply because of greater and greater ground delays. Because the airlines don’t want most of their flights listed as “late,” they just factor in delay time as well. This means that on some flights I take semi-regularly I can arrive as much as a half hour early or ten to twenty minutes late. Then there are the fees for baggage – although I do fly enough that so far I don’t have to pay those – and the dropping of food service in cattle class, and even fees for telephone [as opposed to internet] ticketing. And with the excess baggage charges, every square inch – and more – is filled on most flights.

In a similar vein – although it won’t seem so at first reading – almost every institution I do business with is pushing me to “go paperless,” supposedly for environmental reasons. Why would I want to do that? For all too many of them, I have expenditures that are business-related, and the IRS isn’t about to trust my word about writing expenses. They want receipts and bills, on real paper. If I go “paperless,” then I’m the one who has to spend ink, time, and money printing out what I need, and the “environment” still suffers.

Likewise, more and more businesses are adopting automated telephone answering systems, where there are no real people unless you can punch-button your way to them. And all too many of those systems lack an option for services or items not on the menu. I know… I’ve tried.

All these items make one thing very clear. None of these changes are really for the benefit of the traveler or customer. They’re designed to add revenues, maximize profits, or to reduce costs, regardless of the inconvenience or added time or cost to travelers or customers.

The thing is – as customers we’re still paying as much, if not more, as ever, and we’re getting less… and no one seems to say much, even as corporate profits soar.

At present, it appears likely that the U.S. Supreme Court will have to make decisions affecting state law on same-sex marriage and whether companies and institutions providing health care insurance have the right not to cover contraception methods that go against the religion of the providers.  The State of Utah has filed an appeal against a federal court decision allowing same sex marriage, and a number of companies and organizations have suits pending on the abortion/contraception issue,

At the heart of these issues is the supposed question of whether the federal government can “impose” its will on these states and organization against the deeply held religious and moral beliefs of their constituents and various individual employers.  The problem is that those who have brought those lawsuits are the ones who wish to impose their values on others, not the other way around.

In the same-sex marriage issue, allowing same-sex marriages does not require any religion or individual to perform such marriages. Nor does the existence of same-sex unions limit or damage any rights of other individuals.  As the lower courts have held, failing to allow same-sex marriage does damage and limit the rights of same-sex couples. 

The same principle holds true for the health insurance/contraception/abortion issue. The founders of Hobby Lobby, as well as other employers, have insisted that being required to provide health insurance which covers certain procedures violates their beliefs and thus their rights.  Except, again, no one is insisting that they, or anyone covered by these policies, must undergo or use such services.  What the organizations are insisting is that their beliefs be imposed on all their employees. In effect, they want the Supreme Court to mandate that their personal beliefs limit the freedom of choice open to their employees.  We don’t allow religious beliefs to exempt employers from health and safety standards, nor from minimum wage requirements.  Why should religious beliefs be allowed to trump laws on healthcare?  And why should some employers be allowed to provide fewer benefits based on their personal religious beliefs, which restriction effectively imposes the practices of their beliefs on their employees… or requires employees to pay extra to have the same rights as employees of “less religion dominated” employers?

And for that matter, why should employers with certain specific religious doctrines be granted such exemptions when others are not?  Rigid adherence to Christian Science doctrine would prohibit any doctor-based health insurance, while adherence to the doctrines of Jehovah’s Witnesses would prohibit coverage for use of blood or blood products?  Scientologists oppose pharmaceutical products used for psychiatric purposes. So far, at least, employers with those beliefs have not filed lawsuits, but if the Supreme Court finds for Hobby Lobby and others, health insurance could soon be shredded with exemptions.

In short, while we as a people oppose government restricting our freedoms when the exercises of those freedoms do not hurt others, and sometimes when they do – as in the case of gun control measures – why should we then allow organizations and individuals to restrict those freedoms based on the religious beliefs of the provider?