On the last day of Pride Month: Police Brutality and Religious Bigots
Of course they did. Because that’s what they do. They inflict violence on people they perceive have no power, and that they believe will lose any we said/cop said scenario. They almost always escalate. It’s a version of the old “if the only tool you have is a hammer, every problem looks like a nail.” Police academy training primes them to assume that everyone not wearing a badge is just someone waiting for an excuse to attack them, and they only tools they believe they can rely on are violence and the complicity of their fellow officers.
If they were serious at reform they would look at those federal cases, we see that in the eyes of the law, cops are just crime accountants, not crime fighters. Their only obligations are to observe and record the aftermath of crimes, not prevent crimes, and not even to arrest criminals if they don’t want to.
So what we need is a Law Enforcement Act. The Civil Rights Act of 1964 outlawed various kinds of discrimination under an argument that while the Constitution guarantees basic civil rights, it doesn’t always spell out what those rights are. Though the Tenth Amendment does say that powers not specifically delegated to the federal government in the Constitution belong to the States and to the People. And the Fourteenth Amendment says that no person can be deprived of the equal protection of the law and that citizens can’t have their rights abridged has often been interpreted as affirming that people are entitled to rights not spelled out elsewhere. That was most of the legal justification of the Civil Rights Act: at attempt by Congress to define what some of those unspecified rights are, and to provide a framework for the enforcement of both enumerated and unspecified rights.
The Law Enforcement Act could extend that framework, though the points I suggest such an Act must have can be read right out of one ennumerated right from the First Amendment, and one part of the Fourteenth.
Lots of people claim all sorts of things are protected by the First Amendment, and I don’t want to get into that debate. For this purpose, I’m going to stick to the text. One of the rights specifically mentioned in the First Amendment that most people forget about is the right “to petition the Government for a redress of grievances.” My proposed Law Enforcement Act would define the following things as part of that right to petition the Government:
- The right to sue individual police, police departments, and local and state governments which fund those police departments for failure to protect ordinary residents, or for police misconduct that harms a person or deprives them of property, or for wrongful death. In other words, repeal limited immunity.
- The right to require public hearings for police misconduct allegations, and a right for ordinary residents who make such allegations to appeal any findings of the misconduct hearings to a civil authority outside the police department.
- The right to demand judicial review of clauses of police union contracts which in any way impede those aforementioned rights
- the right to have any property seized through asset forfeiture returned (and in the case of cash, with interest) unless there is a conviction by a jury of a crime related to said assets. (I would prefer that asset forfeiture be outlawed completely, but I know that’s not going to happen.)
Next, turning to the Fourteenth Amendment, one of the rights that it forbids States from infringing is “the equal protection of the laws.” And so the act should spell out the equal protection includes:
- An obligation of the police to protect all persons within their jurisdiction.
- Any State the fails to enact laws that protect the rights listed in the Act shall be denied all federal monies for any current or future program to support law enforcement.
There are a lot of others things that Act ought to have, but if we can just get the right to sue the police and government over misconduct and failure to protect citizens, the stick of all those lawsuits is going to force police reform.
Let’s change topicsSince the surprisingly pro-LGBTQ pro-trans Supreme Court ruling about employment discrimination, I have heard and read a lot of queer folks incorrectly saying that the Court found employment discrimination about queer folks unconstitutional. No. The ruling was not about constitutionality. It was a statutory interpretation ruling. It was a logical recognition that discrimination against LGBTQ people is a form of sex discrimination. The ruling could probably be undone by the simple passage of a law of Congress that “clarifies” the meaning of sex discrimination in the earlier law.
Now, as long as the Democrats control at least one house of Congress, that isn’t likely to happen. And, heck, if you noticed how few Republican Senators put out a spirited criticism of the ruling, reflects the reality that a large majority of voters support the ruling, so support for such a bill is likely soft on the Republican side.
However, religious freedom is explicitly protected in the Constitution, so we shouldn’t be surprised if, before the Court adjourns for the summer, one of those so-called Religious Freedom cases doesn’t walk much of that ruling back (Like Our Lady of Guadalupe School v. Morrissey-Berru which was just argued last month). And whether it does or not, we can expect a lot more attempts to invalidate our lives in the name of religion.