Mississippi is adding the words “In God We Trust” to its license plate, and that has sparked some interesting debate. Much of that debate focused on an idea we have come to accept as gospel: that we have an American tradition of separating religion and politics. We do not. We have been misinformed and misled by generations of public policy, education, and media leaders on the so-called “separation of church and state.” The concept has been so pervasive that we generally accept the idea that it is inappropriate to bring any faith-based ideas to the public square. The idea that we should separate religion — of any faith or denomination — from politics is not only false, it is virtually impossible.

The arguments in favor of this separation arise from Thomas Jefferson’s 1802 letter to the Baptist Association of Danbury, Connecticut, in which he used the phrase. However, that letter, and the metaphor, have been granted meaning that Jefferson never intended. With proper historical context and examination, it is clear that Jefferson, a major proponent of religious liberty, never envisioned anything like today’s interpretation. If anything, Jefferson’s metaphorical wall was meant to keep the state from violating the individual liberty of religious conscience. Washington and Lee University’s Sam Calhoun, Professor of Law and Associate Dean, put it this way: “[Jefferson’s] wall was meant to insulate religious belief and practices from legislative interference, not to separate religion from politics.”

In the 1947 case Everson vs. Board of Education, Supreme Court Justice Hugo Black wrote, “The establishment of religion clause of the First Amendment means at least this: Neither a state nor the Federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another.” The late Supreme Court Chief Justice William Rehnquist agreed with Justice Black. Rehnquist believed the Establishment Clause was only meant to prevent the establishment of a national church and the state giving preference to one religious group over another. It was not intended to exclude faith-based ideas from political discourse.  In America, these ideas can be informed by any faith and any denomination, or by no faith at all. What we must reject is the Faustian idea that any public policy ideas that come from a faith-based perspective are invalid.

If we think about the public policy arguments that have made the biggest difference in improving our society and promoting individual liberty, freedom, and opportunity, we find religion and faith-based reasoning. Jefferson, Hamilton, Lincoln, Martin Luther King, and many others who opposed slavery made faith-based appeals on that issue. It is absurd to think that we should restrict our views of what is right and wrong to the private sphere only. In fact, we should question the motives of anyone who wants to dismiss another’s public policy ideas simply because those ideas are informed by a faith.

Yes, I’m a conservative. Well, actually, I’m a “conservatarian,” but more on that at a later date. Yes, I’m a Christian. No, I don’t want the government to endorse my ideas simply because some of them may be informed by faith. My argument is not that government should support a religion. In fact, it is the opposite. We need a more limited government. We need a government that is less intrusive in all matters. We should stop petitioning the government to solve most of our problems — including ones better solved by private institutions and free markets. The more we ask of government, the less freedom we have.

What I seek is government more in line with what Jefferson intended when he wrote about the wall of separation. He was intending to protect us from the state’s involvement in religion. He was not trying to prevent us from expressing religious views in public policy. In America, and in Mississippi, we must be open to diverse points of view, even to views with which we disagree. In that great tradition, we therefore must not dismiss views influenced by religion under the false notion that we are committed to a separation of church and state. We are not, at least not the way you think.

Jon L. Pritchett is president and CEO of the Mississippi Center for Public Policy, the state’s non-partisan, free-market think tank.

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Many free-market think tanks believe it is counter-productive for think tanks to engage in the culture wars. They think our time should be focused exclusively on policy research, legislative outreach, and legal action. And while those activities are important for limiting government and encouraging individual flourishing, we should also be engaged in the war taking place in our culture.

The reason culture wars are important is, while policy, political, and legal actions tend to be lagging indicators of what is happening in our society, culture is a leading indicator. Culture signals what people believe and what they value. Want to know where our world is headed? Don't look to the halls of Congress or the Mississippi Legislature. Politicians follow the lead of the masses. Instead, look to the most popular TV shows, movies, and sports stars. They are shaping how people think about what is morally right and fair.

Presently, the progressives (opponents of free markets and limited government) dominate discussion in the culture wars. If conservatives and libertarians fail to engage on culture, we will lose when it comes to policymaking and litigation down the road. The fight begins in the culture.

Fighting progressives in the culture wars is akin to weeding your garden. If you want to grow a beautiful flower, you need to feed it sun, water, and nutrients, but you also need to remove weeds. If left unattended, invasive weeds can grow stronger. If not pulled early, they can take root in the soil and begin to compete with your flower. Over time, weeds can steal the water, sunlight, and nutrients. They can become bigger, taller, and stronger than your precious flower. While we focus on nurturing the fragile flower of liberty, we also must fight the weeds of collectivism, liberalism, and progressivism.

I'm encouraged by the culture debate that took place in NFL stadiums about national anthems last year. While progressives have infected the arts, higher education, Hollywood, and news, we still have a chance to keep sports inoculated from the disease. Until recently, sports have maintained their status as a great unifier of people from different backgrounds. No matter our race, color, sex, age, country of origin, or political interests, we share a love for our teams. As NFL owners, players, ESPN, and ESPN's parent company, Disney, learned the hard way, sports consumers want their sports delivered free of social commentary and political opinion. If a consumer wants political analysis, there are plenty of other channels.

The NFL controversy was just a small skirmish in the larger culture war. There will continue to be social justice warriors who are constantly in search of a victim to protect. There will still be virtue signalers who want to show how compassionate they are but ignore the broader consequences of their actions. Folks will continue to do things like sit for a national anthem, for instance, even if it erodes a unifying, patriotic gesture that should be used to bring us together. But the NFL skirmish showed those with traditional values could win. There is a time and a place for rigorous debate about social policies. That time is not during the national anthem of our nation's sporting events. If nothing else, perhaps we preserved the joy of watching live sports delivered to our devices without political interruption. It remains to be seen how long the defense will hold, though. We must keep fighting.

Pro-Life Bill Strikes Right Balance
 The Mississippi Center for Public Policy is proudly pro-woman and pro-life. Our vision for Mississippi is simple: to be the best state in America to raise a family, run a business and enjoy the blessings of a good life. As part of that vision, we want Mississippi to have the best health care system in America. We also want Mississippi to have the best economy in America. And we want to be the best at protecting basic human rights, including the right to life.
 
That is why we strongly support HB 1510, the 15-week Abortion Limit bill. This legislation strikes the right balance for Mississippi by protecting the health of the woman considering abortion and by protecting the life of the unborn. In doing so, this commonsense bill protects women from serious and significant risks and protects the life of the unborn child with a beating heart who can move, hear, taste, see, and feel pain.
 
Consider these facts:
 
HB 1510 protects women …
  • HB 1510 will increase the safety of abortions for the mother by limiting elective abortions to 15-weeks. It will also preserve the legality of abortion where it is necessary to preserve the life of the mother.
  • According to the pro-abortion Guttmacher Institute (Planned Parenthood’s think tank), the risk of a mother dying from an abortion increases more than 2,100 percent between 8-weeks and 18-weeks of pregnancy. Maternal mortality increases by 38 percent with every week after 8-weeks gestation. 
HB 1510 does not impose an undue burden …
  • Nationwide, approximately 95 percent of abortions occur during the first 15-weeks. According to the Centers for Disease Control and Prevention (CDC), just 1.1 percent of abortions in Mississippi take place after the fifteenth week.
  • The medical and scientific consensus around the world is that abortion after the first trimester is an unsafe option that should be limited. 92 percent of countries limit abortion after the first trimester.
  • The United States is one of only four nations that permit abortion-on-demand throughout all 9 months of pregnancy. Any democracy that values life should not have abortion laws that align with North Korea and China.
  • Recent national polling (January 2018) indicates the vast majority (76 percent) of voters support commonsense laws regarding abortion, with a limit after the first trimester being one of the preferred options. 
HB 1510 is constitutional …
 
Planned Parenthood relies on old case law from Roe v. Wade (1973) to claim that states can’t regulate pre-viability abortions. This is old law based on old science. A recent Supreme Court decision, Gonzales v. Carhart (2007), upholds the legality of limiting abortion, even in cases of pre-viability:
  • “The Act does apply both pre-viability and post-viability because, by common understanding and scientific terminology, a fetus is a living organism while within the womb, whether or not it is viable outside the womb.”
  • Casey rejected both Roe’s rigid trimester framework and the interpretation of Roe that considered all pre-viability regulations of abortion unwarranted. 505 U. S., at 875-876, 878 (plurality opinion). On this point Casey overruled the holdings in two cases because they undervalued the State’s interest in potential life.”
Other U.S. Supreme Court decisions confirm this reasoning:
  • PP v. Casey (1992): “The State has an interest in protecting the life of the unborn.”
  • Webster v. Reproductive Health (1989): “We do not see why the State’s interest in protecting potential human life should come into existence only at the point of viability, and that there should therefore be a rigid line allowing state regulation after viability but prohibiting it before viability.”  
Let our state lawmakers know you support this commonsense bill. Please, also, pray for women and children harmed by abortion.
 
To read more, see the recent news coverage on HB 1510:
 
 
Jameson Taylor, acting president of the Mississippi Center for Public Policy, a conservative think tank that helped lawmakers draft the bill, said the legislation would bring Mississippi in line with the majority of countries across the world that limit abortion after the first trimester.
 
"The bill is important," he said, "because it takes another step in protecting maternal health and advancing the state's interest in protecting pre-born life."
 
... But viability was not the only issue, Taylor said. 
 
"The question of viability is no longer the preeminent question that the courts look at," he said. "The question is, what kind of burden does this regulation place? Does this basically make some kind of rational sense? We believe that the 15-week limit certainly meets that standard because you have 75% of countries around the world that limit abortion after the first trimester."
 
"Clearly, the court's thinking on this issue is evolving, as it should be," he added. "Science is also evolving."
 
 
The conservative-leaning Mississippi Center for Public Policy helped craft the bill and praised lawmakers for passing it.
 
Acting President Jameson Taylor said the bill protects maternal health and “further(s) the state’s interest in protecting unborn human life.” He added that the Center is “thrilled” for having played a role. …
 
“We would welcome the court to clarify the extent to which states can regulate abortions, particularly with regard to maternal health,” Taylor said.
 
 
“Abortion policy in the United States is based on outdated science that the rest of the world rejects,” Dr. Jameson Taylor, acting President of the Mississippi Center for Public Policy, told LifeSiteNews. “Health care professionals around the world recognize that late-term abortions, those performed after the first trimester, are harmful for women and also violate the integrity of the medical profession itself.”
 
“Lt. Gov. Tate Reeves and the Mississippi Senate deserve our support and prayers for making Mississippi a leading voice in protecting basic human rights and women’s health,” he said.
Op-ed printed in The Clarion Ledger Sunday December 17th
 
By Shadrack White
 
For years, the Obama administration’s Justice Department would sue companies, reach a settlement agreement with those companies and then use these settlements to create slush funds for left-leaning groups. In doing so they secretly discriminated against organizations with different political views. Recently released internal emails show Obama administration officials discussed how settlement agreements should be drafted so that the funds could never be used for “conservative property-rights free legal services” — heaven forbid!
 
Unfortunately, Mississippi is also using settlement shakedowns aimed at funneling money to pet projects. Several weeks ago, the Clarion Ledger reported that Mississippi Attorney General Jim Hood obtained $2.5 million in a settlement with banks and credit rating bureaus and that money would be spent on a financial literacy program for Mississippians. The move is unconstitutional, and even if it weren’t, it’s bad policy.
 
The AG’s plan is bad policy because it invites unilateral control of spending by one person or a small group. Taxpayers deserve to have spending done in the open by the people that we elect to do that job, the Legislature.
 
“But Shadrack, isn’t the money going to a good cause?” you might ask. There are many good causes — public education, transportation, health care — competing for state funding. This is all the more reason to make sure that money is not being appropriated in the dark by bureaucrats but rather in light of day where it can be weighed against alternative ways to spend the money.
 
If you are inclined to disagree, think of this: what if the AG were a conservative who sued and obtained a settlement from Planned Parenthood and then set up a fund that paid for a pro-life crisis pregnancy center? I might like that idea, but my guess is others would then suddenly see the value in a different process for appropriating the money.
 
The rule of law is about setting up processes that function the same way every time — fair rules for everyone — regardless of whether you happen to like the person in charge and what they are doing. And, as required by the state constitution, this means any settlement money must be sent to the Legislature’s General Fund. Article 4 of the Mississippi Constitution indicates no branch other than the Legislature is given appropriating powers.
 
If it feels like you’ve heard this argument about settlements before, you have. In 1998, then-Attorney General Mike Moore filed a suit against and then reached a settlement with the big tobacco companies. The money from that settlement was used to fund a nonprofit established by Moore called The Partnership for a Healthy Mississippi. In 2005, Gov. Haley Barbour intervened in the AG’s tobacco suit and claimed the AG’s settlement illegally steered money away from the Legislature and to the Partnership.
 
The governor’s challenge went all the way to the Mississippi Supreme Court. The court stated that one thing was obvious: “(t)he Legislature holds the purse strings” and “the right of the Legislature to control the public treasury . . . is firmly and inexpugnably established in our political system.”
 
Of course, every case is different, and the AG seems to believe some loophole allows him to spend this current settlement money without legislative approval. But governing and spending by loophole is poor policy. Moreover, the tobacco settlement case shows the state Supreme Court would take a dim view of other elected officials circumventing the appropriations process. 
 
The Mississippi Supreme Court could clarify that these settlements are unconstitutional, but to do so they would have to wait for a case about this question to reach them. The Legislature and governor could also do this through a statute.
 
If they did, they would be following the lead of the Trump administration, which has now put a stop to the sue-and-settle tricks so prevalent under Obama. At the federal level, settlement money must now go directly into the federal budget and be properly appropriated by Congress. The U.S. Senate even has a bill to codify the Trump policy into law. No doubt, the federal budget process, as well as the state budget process, could use some improvement. But at least there is a constitutionally protected process in place. Elected officials here could follow the Trump administration and respect this process instead of determining for themselves how to spend money that is not theirs.

When it comes to fixing the problems facing our state, government’s best strategy is often to get out of the way. That’s especially true when it comes to expanding internet access to rural areas.

Despite efforts by state and local governments to improve internet access, Mississippi ranks 49th in the U.S. for broadband coverage. This has officials in some communities looking for a government-subsidized solution: municipal broadband.

Numerous government internet projects all across America have already failed. Likewise, many municipalities considering such projects already have several internet providers available to them without government getting involved.

While Mississippi doesn’t need local governments using tax dollars to build needless boondoggles, it does need a way to expand internet service to those not currently served. The fastest and cheapest way to make that happen is through a project recently announced by Microsoft president Brad Smith.

The project utilizes unused television stations, known as “white spaces,” to create a sort of high-speed “Super Wi-Fi” broadband service that can connect Mississippi’s rural communities without running broadband infrastructure to remote areas. The only thing standing in the way of this dream becoming a reality is the Federal Communications Commission.

The agency must move forward with its proposal to set aside three currently unused TV frequencies in each market in order for white spaces internet coverage to operate. Once the FCC takes that step, companies can begin expanding high-speed internet coverage to every hillside and hollow in Mississippi — without the high costs and environmental impacts associated with laying miles of wires to build a broadband communications network.

Other countries are already testing white spaces internet. In Malawi, one of the least developed nations in Africa, private sector providers are preparing to use television white spaces to rapidly bring Wi-Fi to millions of people. India is also looking to pioneer the use of white spaces to bring broadband coverage to rural areas.

If places like Malawi and India can successfully use white spaces to expand internet coverage, the FCC should allow rural Mississippians to benefit from the same technology.

That same white spaces technology is another example of why local governments should avoid broadband boondoggles: government internet programs are too expensive, become outdated too quickly and fail to provide service to people who can’t already access the internet.

That didn’t prevent Biloxi from seeking state permission to set up their own broadband network last legislative session. The legislation (HB 1716) promised to bring “more accessible, affordable and ubiquitous Internet services to all businesses and residents within the city at broadband speeds of at least one gigabit.” The current FCC standard for broadband coverage is 25Mpbs. Biloxi community leaders were ambitiously seeking to establish a system offering speeds 40 times faster than that.

In neighboring states, municipal broadband projects have failed spectacularly, leaving taxpayers on the hook for millions. Opelika, Alabama, for instance, has sunk $43 million into its city’s broadband network, shifting costs to electric ratepayers. Lafayette, Louisiana, has spent $160 million on its subsidized broadband network, at a cost of $9,750 per subscriber. Memphis lost more than $32 million on its network, which was later sold for a measly $11.5 million.

Government is already the largest employer in Mississippi, and it is already doing too much. Government needs to stay out of the broadband market, which is competitive and requires ongoing strategic investments in new technology to keep up. While high-speed internet can be a powerful economic catalyst for Mississippi communities, these same communities should avoid using scarce taxpayer resources to invest in technologies the private sector is better suited to provide.

Both the FCC and the Mississippi Legislature should get out of the way and let the marketplace bring affordable, high-quality internet service to Mississippi communities. Just because a problem exists, doesn’t mean government should try to solve it.

Jameson Taylor, Ph.D., is vice president for policy, Mississippi Center for Public Policy.

Over the past month The Clarion-Ledger has highlighted aspects of Medicaid that make the program feel indispensable, with Sam Hall proclaiming that anyone who questions Medicaid’s “valuable services to deserving people” is just plain ignorant. As someone who cares about improving health care for the poor and disabled, however, I find Medicaid’s poor health outcomes shocking. With flexibility from Washington and a focus on quality, states like Mississippi could provide better care for families in need.

It’s difficult to argue with heart-wrenching stories about how Medicaid is helping Mississippi families. For the price — $8 trillion over the next 10 years — one would hope advocates could find a few good stories. Not every Medicaid story has a happy ending, though. A University of Virginia study found that Medicaid patients are more likely to die than the uninsured, and far more likely to die than those with private insurance.

Another story we are not hearing is what the “gold-standard” Oregon Health Insurance Experiment found: that Medicaid recipients, compared to the uninsured, use a lot more health care services without experiencing improved physical health outcomes. The Oregon study also demonstrated that the primary beneficiaries of Medicaid are not patients but hospitals.

 In effect, Medicaid is a very expensive health insurance plan with narrow networks and a very inefficient mechanism for transferring money to hospitals.

The worst thing about Medicaid is that it is crowding out innovative solutions that could deliver better care — not just more services. Breaking up this big-government Medicaid monopoly is going to require hard work from all of us. Here are three questions to start the conversation.

First: Does Medicaid provide good insurance for low-income families? 

As many as 50 percent of primary care physicians in Mississippi are not accepting new Medicaid patients, as compared to 7 percent not accepting new patients with private insurance. As mentioned, Medicaid patients also have, at best, the same health outcomes as the uninsured. Clearly, Medicaid is inferior insurance. State and federal policymakers should facilitate the development of better insurance products tailored to low-income customers.

Second: Is Medicaid a cost-effective way of reimbursing hospitals for uncompensated care? 

In spite of studies (and common sense) showing otherwise, hospitals claim they are losing money on Medicaid. Under federal law, hospital emergency rooms are prohibited from turning patients away. Medicaid is a pricey backdoor mechanism for funding this mandate. Tax credits might be part of the solution for private hospitals. In addition, nonprofit and public hospitals should offer more charity care — certainly far more than the tiny amount provided now under vague “community benefit” provisions.

Third: Is Medicaid the best way to help families facing extraordinary medical costs?

Prior to Obamacare, Mississippi had developed a high-risk insurance pool to help people with significant health care challenges. We need more creative thinking about risk pools (for instance, an income tax credit for donations to nonprofit-managed risk pools); and we need to focus on supply-side deregulation (encouraging telemed, expanding scope, and eliminating certificates of need) that will lower costs and unleash new medical technologies. These reforms are better than depending on a Medicaid program that will be sorely tempted to ration care to high-need populations even as it expands coverage to able-bodied childless adults, for which the Obamacare Medicaid expansion curiously offers a higher federal match.

Finally, I appreciate The Clarion-Ledger trying to inform readers about Medicaid, but I urge a good dose of old-journalism-school skepticism. When the director of Medicaid boasts that there is virtually no eligibility fraud, perhaps it would be helpful to note that other states are uncovering significant irregularities. Or when a Medicaid activist asserts that Congress’ repeal-and-replace bill is going to remove thousands of children from Medicaid, it would be appropriate to fact-check this number, or at least note that these children are going to go back on CHIP, a different insurance program run by the Division of Medicaid.   

I am confident we can all agree on the necessity for fresh thinking about health care. Instead of just thinking about it, though, I hope Congress gives states freedom to demonstrate how they can either radically improve upon Medicaid, or even better, develop targeted solutions aimed at helping the diverse populations Medicaid is currently failing. 

Jameson Taylor is vice president for policy at the Mississippi Center for Public Policy in Jackson. He can be reached at [email protected].

Growing up in the Jackson “bubble,” I knew I wanted to try something new when it came time to attend college. I received a wonderful education at Jackson Academy, but my views were rarely challenged or debated. Attending the University of Alabama was a dream come true, and I looked forward to encountering diverse beliefs and thoughts at a top-tier school boasting more national merit finalists than any other public university. I vowed, though, that I would never lose my faith or convictions.

I vividly recall an honors college seminar taught by an outspokenly liberal professor who asked us to write about something controversial. We could cite any source but one — the Bible. We could cite the Quran, Mao’s Little Red Book or Dr. Seuss. Just not the Bible. In this professor’s opinion, the Bible was not even history; it was just fairy tales. I questioned such intolerance, arguing against my professor’s double standard. I was berated in front of the entire class. I learned then that my views were not tolerated or valued in this class. Unfortunately, mine is not an isolated case.

According to the Foundation for Individual Rights in Education, the University of Alabama has a speech code rating of “yellow.” This means the university has ambiguous protections for free speech. Here in Mississippi, Alcorn State and the University of Southern Mississippi have a yellow rating, whereas Ole Miss and Mississippi State University have a green rating, which indicates no serious threats to free speech. Jackson State and Delta State have red ratings, which means they have “at least one policy that both clearly and substantially restricts freedom of speech.”

Consider this “Student Life” regulation at Delta State: “Words, behavior, and/or actions which inflict mental or emotional distress on others and/or disrupt the educational environment at Delta State University are strictly prohibited.” Many things can cause “mental or emotional distress.” President Donald Trump’s election continues to be a source of great distress for some college students. Should Delta State ban students from displaying Trump bumper stickers or wearing Trump T-shirts? Will the school’s computer servers block internet sites that post pictures of Trump? A regulation prohibiting “mental or emotional distress” is too vague and could lead to administrative actions that violate students’ First Amendment rights.

While both public and private institutions should protect and encourage free speech, publicly funded universities are legally obligated to do so. The U.S. Supreme Court has affirmed this First Amendment right repeatedly: including for religious speech and activities (Widmar v. Vincent (1981)). Concluded the Court: “With respect to persons entitled to be there, our cases leave no doubt that the First Amendment rights of speech and association extend to the campuses of state universities.”

Many institutions have “vice presidents of diversity” who focus solely on that issue. We see diversity based on race, gender and sexual orientation, yet not so much on diversity of thought. Most university professors identify as liberal, and many go further left than that.

A 2016 Econ Journal Watch study that analyzed faculty voter registration records found that Democrats outnumbered Republicans 12 to 1 at 40 leading U.S. universities. Such bias wouldn’t be a problem if we were on a level playing field. But all too often professors and college administrators use their positions of authority and power to intimidate and silence students like me. Many conservatives feel afraid of voicing their opinions because of the political correctness that plagues our nation’s educational system.

In addition, conservative guest speakers often face unfriendly welcomes and threats. Even former Secretary of State Condoleezza Rice backed out of a commencement address at Rutgers University after fierce opposition from students and faculty. In response, then-president Barack Obama condemned Rutgers’ intolerance. “If you disagree with somebody, bring them in and ask them tough questions,” chided the president. “Don't feel like you got to shut your ears off because you're too fragile and somebody might offend your sensibilities.”

Some on the left may have become hateful and violent, as we have seen from the Steve Scalise shooting and the Black Lives Matter protests, but we have to come together to protect free speech and free association. If we want a free nation that respects all beliefs, we must demand that students have the right to express themselves as protected by the First Amendment.

Daniel Ashford is a research associate at the Mississippi Center for Public Policy.

If we really want former prisoners to become productive citizens, take care of their families, and stay out of jail, we should cut the red tape keeping some of them from getting honest work.

Take the case of “Beth,” a Mississippi woman who made mistakes, served her time, but then wanted a better life. Upon release, Beth entered school with the dream of becoming a dental hygienist. After completing her coursework with honors, Beth discovered she was barred from obtaining a license. In Mississippi, dental hygienists cannot get an occupational license if they have a felony conviction; without a license, they can’t work in their chosen profession.

How many other “Beths” are out there? Too many. About 30 percent of all jobs in the United States require an occupational license. A nationwide study by the Institute for Justice shows that Mississippi requires a license for 55 out of 102 low-to-mid-level jobs. Only 4 states license more. Such licenses may make sense for physicians or other professions, but they aren’t necessary for many other jobs.

In addition, licensing requirements often bar ex-cons from getting meaningful, productive work. Here in Mississippi, licensing restrictions prevent ex-cons from becoming tattoo/body artists, embalmers, dieticians, or athletic trainers. What is the logic in preventing an ex-con from cleaning teeth or helping people stay healthy, or embalming dead people?

To its credit, the Mississippi Department of Corrections (MDOC) encourages convicts to get the skills they need to become productive members of society. One model MDOC is evaluating is a successful program at Louisiana’s Angola Penitentiary that is training inmates in HVAC repair, automotive repair, plumbing, the culinary arts, even seminary studies. Whereas half of Louisiana’s inmates return to prison within five years, only 1 in 10 inmates that have participated in Angola’s two-year vocational training program return. These results are confirmed by a study published by the Center for the Study of Economic Liberty at Arizona State University. According to their research, states with high occupational licensing burdens have a recidivism rate (the percentage of inmates who return to prison) four times higher than states with low occupational licensing burdens.

At many of our prisons, we offer training in how to cut hair, do construction work and install carpet. All of the job training programs in Mississippi prisons do train prisoners for careers they are allowed to enter into upon release. Eliminating licensing prohibitions for ex-cons in other fields would create more options, reducing recidivism and reducing welfare dependency.

We need to stop licensing so many low-to-mid-level professions. We also need to be aware of the disproportionate impact licensing has on minorities. According to a recent White House report, “Laws restricting licensing opportunities for workers with criminal records have a disproportionate impact on Black and Hispanic workers.” The White House recommended adopting standards, as 25 states have done, that require licensing boards to clarify how policies that bar ex-cons from getting a particular license are relevant to that profession. A drug possession conviction, for instance, might be a reasonable basis for denying a Commercial Driver’s License (CDL), but be irrelevant to working as a tattoo artist.

Consider the case of Richard Chunn, a bail agent with a felony conviction stemming from a 1981 guilty plea for marijuana possession. Chunn had a long and successful career as a licensed bail agent until a 2011 state law forbid felons from obtaining bail agent licenses. Chunn sued and won at the Mississippi Supreme Court. Citing a similar case out of Connecticut, the Mississippi court observed that such laws fail “to consider probable and realistic circumstances in a felon’s life, including the likelihood of rehabilitation, age at the time of conviction, and other mitigating circumstances” with the result that “many qualified ex-felons are being deprived of employment.”

Bureaucratic, ham-fisted rules shouldn’t prevent people from turning their lives around. Mississippi should follow the 25 other states that are opening the door to hope and opportunity by adopting reasonable licensing standards for those with a criminal conviction.

Daniel Ashford is a research associate with the Miss. Center for Public Policy (MCPP) and will be entering the MBA program at the University of Alabama in the fall

 

The United States Supreme Court issued an important ruling in a religious liberty case and agreed to hear another major case next term, which begins the first Monday in October.
 
Governments Can’t Discriminate Against Churches Merely Because They are Churches
 
In a 7-2 ruling, the U.S. Supreme Court today said the government cannot discriminate against religious organizations by excluding them from government programs solely because of the organization’s religious beliefs unless there is a compelling governmental interest.
 
The case involved a preschool at Trinity Lutheran Church in Columbia, Missouri. The church applied for and was denied a state grant for rubberized playground surface material, which was offered by the state for the purpose of creating safer playgrounds. The state admitted that it denied the church’s application solely because it was a church.
 
“The exclusion of Trinity Lutheran from a public benefit for which it is otherwise qualified, solely because it is a church, is odious to our Constitution all the same, and cannot stand,” said the Court in its opinion written by Chief Justice John Roberts.
 
School choice implications?
 
This ruling perhaps opens the door to broader school choice programs, but that is not clear yet. Various observers share conflicting views on that question, but all agree that future cases will help answer it.
 
One case that could prove to be a critical test case involves a Colorado court decision, based on a clause in the Colorado constitution which is similar to a provision in the Mississippi constitution, that prohibits a local voucher program from being used at religious schools. That Colorado case is now at the U.S. Supreme Court, but justices have not indicated whether they will take it up. Today’s decision in the Trinity Lutheran case may increase the chances of its being considered by the Supreme Court next year.
 
Can Governments Discriminate Against Business Owners Who Believe in Traditional Marriage?
 
In a case that will have implications for Mississippi’s HB 1523, the “Protecting Freedom of Conscience from Government Discrimination Act,” the U.S. Supreme Court announced today that it will take up the Masterpiece Cakeshop case, also out of Colorado, in their next term, which begins the first Monday in October and runs through June of next year. This case is about whether the government can compel people of faith to create expressions that go against their sincerely held religious beliefs about marriage.
 
Jack Phillips, who owns the bakery Masterpiece Cakeshop, had a complaint filed against him for not baking a cake for a same-sex wedding. Phillips had provided countless services to other LGBT customers, but simply did not want to participate in a religious ceremony – a wedding – that violated his conscientious beliefs about marriage.
 
This is the first time the U.S. Supreme Court will consider a case that will decide the conflict between the Constitutional freedom of religion and the newly created right to same-sex marriage. Contrary to some news reports, there is no reason to think the case will reopen the overall question of whether same-sex marriage is a constitutionally protected right.
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