Equal Treatment in an Unequal Society

Equal Treatment in an Unequal Society

Inequalities cannot be solved simply by establishing new standards, criteria, and rules that will apply equally to everyone. When inequality exists, creating new policies and laws designed to be more equitable in how they treat everyone can have the effect of locking in inequality. Such rules can inadvertently give inequality the appearance of fairness and institutional approval.
Matthew Desmond demonstrates how this has happened within housing markets across the country in his book Evicted. For decades, discriminatory housing policy was the norm in our country. At times in our past it has been explicitly authorized in laws and statutes. At other times, it has been openly, yet unofficially, practiced. Today, explicit housing discrimination still exists, but it at least has to be hidden under innocuous motives or carefully crafted lies. Implicit housing discrimination, however, with no one feeling as though they are being discriminatory, is still common and open.
Desmond argues that the history of racial discrimination in housing markets has created a system that perpetuates the inequalities that discrimination deliberately fostered, while appearing race neutral. He writes, “landlords and property management companies … tried to avoid discriminating by setting clear criteria and holding all applicants to the same standards. But equal treatment in an unequal society could still foster inequality.” Applying universal rules in a system that has been shaped and defined by inequalities does not mean that discrimination goes away. It means that it is codified and approved though seemingly eliminated.
When black people have been incarcerated for years following discriminatory and prejudiced practices, they will be overly burdened by legal denials of housing. When housing policies have driven black people toward eviction at disproportionately higher rates than other groups for centuries, then denying someone on the grounds of prior evictions will disproportionately impact black people. The result is that the discriminatory practices that once existed openly and deliberately to harm minority groups for the benefit of the majority will continue, but with the presentation of authority and fairness under the law. This is how ostensibly equal treatment under the law can have such unequal impacts for people in an unequal society.
Race and Public Policy in the United States

Race and Public Policy in the United States

I was an undergrad at the University of Nevada when the Black Lives Matter movement first began to take shape. I didn’t have a deep understanding of race in the United States. I generally thought that since we didn’t use racial slurs directly toward minorities in public and since there were not any visibly active anti-minority groups and movements in the town where I grew up, that racism was over in the country, and no longer contributed to the inequalities between racial groups in America. Of course, I was very wrong.

 

At a certain point, our country stopped addressing race head on. Policies meant to specifically keep black people out of political power, separate from white spaces, and intended to limit black economic advancement were removed from the books across the country. What we refer to as Jim Crow laws were struck down, however they were never replaced with laws that would explicitly help the black people who had previously been harmed by public policy. What is more, our nation seemed to decide that if we couldn’t have laws directly targeting a racial minority in a negative manner, then we couldn’t have laws explicitly targeting race in any way, even if the laws sought to undue previous injustice and help advance real equality and equity.

 

The result was not a race neutral utopia where public policy was equal for everyone. The result has been a steady march of laws that appear to be race neutral, but clearly have disparate racial impacts. There may not be a single measure that anyone could point to in order to say, “That right there, is racism in action via public policy,” but the effects and intents of legislation often are not hidden very deeply.

 

In 2019 I did a mini dive into drug policy in the United States, and author Johann Hari in his book Chasing the Scream shows how drug policy was designed with explicit racial prejudices, even though drug policy was race neutral at face value. Hari describes the efforts of a man named John Marks, a psychiatrist in the UK, to provide drugs legally to drug addicts. The legally provided drugs were safer than drugs on the street, and when provided free to drug addicts, it prevented harm to the user, and reduced theft as people no longer needed to break into stores or mug people to obtain money for drugs. From this point, Marks could begin to work with the addicts to address their drug use and help them move forward in a more healthy way.

 

Many people hated his approach to drug addiction, and in the United States, whenever he traveled to discuss his radical approach to addiction, he was blocked by red tape and pressure from a congressman. Hari writes, “Everywhere they [Marks and his colleagues] went, at the end of the meeting, they were told the same thing – that the Republican congressman Jesse Helms had been pressuring the organizers to shut them down and shut them up. Helms didn’t want anybody to interfere with the war on drugs. A few years later, on a CNN phone-in show, a caller thanked him for everything you’ve done to help keep down the niggers, and he replied by saluting the camera and saying: well, thank you, I think.”

 

More on that call and on Helms can be found here. What I want to highlight from this quote is how race neutral drug policy was understood by people to be explicitly designed to hurt racial minorities. The caller understood that public policy that negatively targeted drug users and people with low socioeconomic status disproportionately affected non-white people, contributing to racial inequalities that presumably advanced the caller while limiting opportunities for people of color. It was not just an unfortunate consequence of drug policy that black people suffered, it was the goal.

 

Today we need to accept the realities that so many of our public policies have had. We need to accept that race neutral policy can have different impacts on different racial groups, and that such policies are not really race neutral. We need to address the realities that some groups have been politically favored and advantaged over others through out nation’s history, and we need to start implementing policies which will help racial minorities at disproportionate rates. It is important that we be honest about that reality when moving those policies forward. This requires a change in the way we think about race in this country. We have to move beyond the dismissive idea that all lives matter, and specifically address the harms that have been done to racial minorities by recognizing that black lives matter, and that all lives won’t matter until we recognize that black lives do matter. We must use the energy of the present moment to change the ways we think about race and public policy in the United States, and redesign programs that have historically contributed to racial inequality.
A Racist Start to the Drug War

A Racist Start to the Drug War

My last post was about Harry Anslinger’s racist views and how they influenced public policy. I wanted to focus on what we could learn from his mistakes, and how we could think about our own policy positions given the terrors we have seen in the past from biased policy positions, confirmation bias, and believing things are true simply because we want them to be true.

 

Today’s post is more specifically just an examination of race and drug policy, looking all the way back to the start of the war on drugs. During a time when protests against racial violence in policing is front and center, I think it is helpful to consider how race was specifically used in drug wars to hurt racial minorities, especially black men and women. Black lives matter, but our nation has not always believed that, and we cannot separate the disparities in racial sentencing, death rates, and wealth from the policies of our nation’s past.

 

In his book Chasing the Scream, Johan Hari writes about his shock at finding that the drug war, in its early days, was not so much about mitigating drug addiction or preventing new addiction in teenagers, as it is today, but about controlling racial minorities. He cites overtly racist headlines in newspapers and talks about Anslinger’s efforts to target minority populations, while letting white drug users off the hook and helping them find treatment to wean off drugs. A central character in the book is Billie Holiday, a black musician targeted by Anslinger for her drug use. Her story provides a window into the racialized tactics used to enforce drug laws, and create a nationwide story about the danger of black people using drugs.

 

Hari writes, “Many white Americans did not want to accept that black Americans might be rebelling because they had lives like Billie Holiday’s – locked into Pigtowns and banned from developing their talents. It was more comforting to believed that a white powder was the cause of black anger, and that getting rid of the white powder would render black Americans docile and on their knees again.”  The failure of black Americans to become successful was blamed on drugs, and ultimately on a genetic and/or cultural inferiority that justified their low social positions and justified a drug war waged against them. White American’s didn’t want to believe that they could be held responsible for the strife of African Americans, so they invented new excuses for racist policies.

 

As we look around the country today, we should keep these kinds of policies and views in mind. It was not that long ago that we were so openly racist in the development of policies that are still impacting the world today. We can no longer justify racial disparities by saying that there is some type of problem with minorities that justifies the disparities in our policies and outcomes. We need to demonstrate that black lives matter and advance policies that correct the wrongs of our past.
Racial Disparities in Marijuana Arrests

Racial Disparities in Marijuana Arrests

In my last post I wrote about nationwide trends toward Marijuana legalization. I live in Nevada, and marijuana has been legal for the last few years. My last post linked to a biennial financial report prepared by the Nevada Legislative Counsel Bureau’s Fiscal Division. The money states can make is a big driver of the legalization trend, but it is  certainly not the only. A another serious factor, and one I would like to see us talk about more, is fairness and equality under the law – meaning the opportunity to eliminate racial disparities in marijuana arrests.

 

John Hudak, in his book Marijuana: A short History, writes, “According to a comprehensive 2013 report from the American Civil Liberties Union, Black arrest rates for marijuana possession far outpace white arrest rates, even though marijuana use is about the same between both groups.” Whether intentional or not, this highlights a reality that we are not enforcing laws equally depending on who is committing the crime. Hudak continues, “Despite being 15 percent of the national population, blacks accounted for 58 percent of marijuana arrests in 2010.”

 

I wrote about this after reading Michelle Alexander’s book The New Jim Crow (here and here). The reality is that black people are more likely to be in positions where we can enforce certain drug policies, and even thought they are not any more likely to commit violent crimes or use marijuana than white people, they are perceived as more dangerous and are more likely to be arrested for low level drug possession. This creates inequalities and barriers that black people in America have a hard time overcoming, and which are largely invisible for white people.

 

Civil liberty groups, people who have read Michelle Alexander’s book, and even conservative/libertarian activists who want to reduce state spending have begun to advocate for marijuana legalization to begin to reduce these disparities and save state fiscal resources. The push toward legalization is partly an effort to eliminate arrests that are unfair and are now perceived as unnecessary. Many people hope that reducing disparities in drug sentencing laws and legalizing marijuana will help begin to reduce racial inequality in our country. It is a rare issue where we can stop spending so much money on arresting people, so some Republicans are on board with the proposal, while also helping reduce racial disparities, a key driver for many Democrats.

A Common View

Michael Tesler and David Sears pull together a lot of research about race and politics in  their book Obama’s Race: The 2008 Election and the Dream of a Post-Racial America. The authors look at the role that race has played in elections in the history of the United States and compare historical racial attitudes to contemporary politics and observations. When reading the book I came across a short line that stood out to me because it directly voiced concerns and thoughts that I had not fully articulated. “Others, however, viewed racial conservatism as a continuing source of partisan cleavage in the United States, not just between blacks and whites but among whites as well. Mayer (2002) finds a consistent partisan division about race in presidential campaign appeals from 1964 to 2000 (also see Gerstle 2002; O’Reilly 1995; and Schaller 2006) and the Edsalls (1992) articulated the common view among liberals that conservatism of all kinds had become little more than a mask for protecting racial inequality.”

The common view is that modern conservatives are not truly conservative in the sense that they prefer limited government as much as they are conservative in the identity politics that motivate them. This is a broad generalization of about half our country, but it is a view that is very common among Democrats. On the Republican side of the isle in the United States, the key foundations of most ideology hinges on personal responsibility, which creates a lot of gray space in which identity politics can operate. Through a personal responsibility framework, ideas of limited government can exist out of the idea that government should be limited to aid only those who are self reliant and can take personal responsibility for their given situation, be it economic, political (read as power position), familial, or social. These views of the Republican party are not really about a fear of the power of government or philosophical questions of the proper scope of government, but about whether we help those who are deserving and personally responsible. Who we determine is acting personally responsible and how we define who is truly deserving of government aid, however, is unclear in such a system, and identity politics is the simplest way to cut through the unending questions, hypothetical considerations, and nuanced details of life that make it impossible for us to decide who should receive what, when they should receive it, and why they should receive it.

This operation of identity politics in the name of personal responsibility is what those on the Democrat side of the isle have recognized, and this is where the common view of conservatism acting as a stand in for racism originates for many Democrats. Tesler’s book does not simply make observations regarding racial splits and racial attitudes on both sides of the isle, but instead incorporates research and data to support the ideas presented. I chose to include in the quote above the original citations from Tesler, to show that the common view of conservatism acting as little more than racial apologetics is backed by research and that the view is supported by academic studies evaluating people’s identities and general thought patterns.

I do not know how we cut through the apologetic euphemisms with which we communicate our political preferences, but I think it is crucial that we be able to dissect  political arguments to see what is operating in the background. Developing the ability to understand what we are arguing about and debating is crucial if we want to develop good policy and push back against identity politics. We must at the same time recognize that because so much of politics is about identity and race, significant policies aimed at more universal and egalitarian sharing of resources among races will face significant backlash without any backing that can be supported by empirical evidence. Because this backlash is motivated almost purely by obscured racial preference, tensions will be heightened and greater political division can ensue when lines are drawn in the sand.