And justice for all…Resolutions Louisiana can live with
13th January 2014 · 0 Comments
By Marjorie R. Esman
Guest Columnist
It’s the time of year for resolutions and for planning. The ACLU of Louisiana, like many of us, begins each year with a set of hopes for our state and our public officials – ideas that should make life better for Louisianans and that, if implemented, will enhance the Constitutional protections guaranteed to all of us. In the spirit of optimism, we offer the following resolutions for the State of Louisiana.
Resolution #1: To fix the criminal justice system and our overcrowded jails
Louisiana holds the dubious distinction of incarcerating more people per capita than any place on earth. Yet, in spite of our zeal to throw people behind bars, virtually every study done on the subject says the practice has had little positive effect on public safety. At a cost of about $17,500 per inmate, the state Department of Corrections’ budget is currently about $700 million per year. Compare that with about $450 million for the LSU system. Unfortunately, a disproportionate number of those housed in Louisiana’s jails and prisons are minorities. On average, African Americans are incarcerated at nearly six times the rate of whites with much harsher sentences.
Louisiana must face the inevitability of reform, top to bottom—from local law enforcement agencies that operate within a culture of racial profiling; to a court system where indigent defense attorneys struggle for basic resources; to our jails and prisons filled with people, many of whom are serving unfairly harsh sentences for minor, non-violent offenses. We can and must fix this. Louisiana must resolve to change its focus and to concentrate its efforts on fighting the type of violent and serious crime that truly threatens our safety.
Resolution #2: Stop discriminating against our LGBT population
After the U.S. Supreme Court all but dismantled the Defense of Marriage Act, states like Louisi?ana, Mississippi and Oklahoma still made it hard for same sex military couples to apply for the federal spousal benefits to which they are legally entitled. The state eventually softened its stance, but there is still much work to be done to ensure equality of treatment for gay servicemen and women and for the gay community at large. At present only New Orleans and Shreveport have adopted comprehensive laws that protect LGBT residents from discrimination in employment, housing, and public accommodations. Yet most Americans are under the belief – incorrectly – that employment discrimination laws generally protect LGBT individuals from being fired simply for being gay. It’s time to recognize that nobody should face discrimination for who they love. We need comprehensive protections so that everyone can share the freedoms we all deserve.
Resolution #3: Louisiana public schools should teach, not preach.
It is the job of the public school system to teach our children, not to preach religion. Our schools reflect our communities, and in a diverse world there will be a range of beliefs. Our country was founded I on the basic principle that the government — which includes public schools — cannot endorse or prohibit religion. That means that religion has no place in the schools. Religion belongs at home and at houses of worship. Our students deserve to be educated in an environment that respects everyone.
Resolution #4: Stop being the fashion police
More and more communities across Louisiana are adopting “saggy pants” laws, that in one way or another penalize people for the clothes that they wear. The specific terms of these laws vary, but all are based on a misguided notion that showing underwear is “obscene” or “indecent” and must be made a criminal act. But Louisiana law forbids local governments from regulating what is “obscene,” because the U.S. Constitution provides protection for speech and expression subject to very narrow limits. These laws are almost certainly illegal, and they target young African-American men who are most likely to adopt “saggy pants” attire. It’s not the job of the police to dictate what people wear. Sending individuals into the criminal justice system because of their clothing styles restricts individual freedom and feeds into our already bloated prison population. Let’s let people wear what they want.
Resolution #5: Respect the rights of immigrants.
This is a country of immigrants, and a state populated by people who were refugees from a foreign land. Yet all too often we forget that immigrants are entitled to basic rights. Last year the Louisiana Supreme Court struck down a law that required immigrants to prove their right to be in this country in order to drive a car. Yet very few of us carry proof of citizenship every time we go out, so this was really a form of racial profiling. Several years ago a school board in Louisiana wanted to ban the use of languages other than English at school graduation ceremonies when a valedictorian spoke a few words of thanks in Vietnamese to her parents, whose English was limited. The Louisiana Constitution specifically protects linguistic and cultural heritage. Immigrants shouldn’t be profiled or harassed. Let’s vow to give them the rights they deserve under the law.
Resolution #6: Stop wasting our money
Our final suggestion for a New Year’s resolution for Louisiana is that we stop wasting money on things that don’t comport with the Constitutional protections guaranteed all of us. That would be the best promise of all. Happy 2014!
This article originally published in the January 13, 2014 print edition of The Louisiana Weekly newspaper.
