
Over the past several months, I’ve had the opportunity to work with some really committed advocates–super smart and dedicated people who are working extremely hard to protect their clients and the programs that serve them, in a climate of drastic budget cuts and an eroding social contract.
It’s soul-sucking work, and we’re losing many, many more battles than we win.
Lately, though, some of us have felt like we’re really fighting the wrong battle. Or, more accurately, battles.
It’s not just the old “divide and conquer” problem–the fact that social service advocates are vulnerable to intra-skirmishes that distract us from the real enemies and make it easier for those same opponents to play us against each other.
It’s also that we deliberately avoid taking on the real struggles, and even sometimes miss noticing them altogether, because we’re trying to contain debates that we can really only hope to dominate if we act collectively.
Here’s how it looks in real life:
In Kansas, advocates spent all last year fighting against budget cuts in different program areas–mental health, public education, child welfare, senior services. And all year, the Governor and some legislative leaders hinted that their sights were really set on a policy battle far larger and more fundamental to our state’s well-being: the revenue foundation that shores up (or doesn’t) all of those programs and far more. For the most part, they have not encountered much effectively organized opposition. From my conversations with at least some advocates, it seems that many hoped that not antagonizing the Administration on that issue would, somehow, preserve some access and influence that they could use to defend their work and serve their clients.
So, in essence, we’re sitting on the sidelines while our fates–for the next several years–are decided.
Because, of course, if the Governor and his allies are successful in eliminating the state income tax, they won’t need to legitimate their budget-slashing goals at all: there quite literally won’t be enough money to fund any of these programs, and so advocates will be fighting over crumbs.
If the failure to build a sustained, strategic, progressive coalition to take on these more global, structural issues was just a logistical one (getting people together across distance), or just jurisdictional (getting people to set aside their competition with each other), or even just a problem of capacity (people not having enough resources to take on a fight this big), then I feel like we’d know better how to start addressing it.
After all, those are the kinds of challenges that we overcome in our organizing every day.
But the real reason that building this kind of “big tent” is so hard, I think, is that too many awesome advocates think it’s a bad idea–that taking on these common concerns dilutes their influence and compromises their positions. And so we have to overcome not just inertia but entrenched resistance, and we’ve got to do it without being able to offer any guarantees that their concerns aren’t, in fact, totally well-founded: this Administration absolutely does box out those who oppose them.
But advocacy isn’t about tallying the numbers of wins v. losses.
It’s about how we can build movements that shape how people see themselves, and their worlds, and about how we can change even the debates about the policy challenges we confront. It’s about being in the arena, even if we emerge somewhat bloodied.
And so we can’t afford to sit out the really, really big fights, and we can’t presume that going it alone is ever safer.
There are some battlefields on which we just have to be willing to make a stand.
And there is solace in solidarity.
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The What: Maintaining the balance of powers
OK, so, I’m cheating a little bit for this last post of “what week”, because, while this is about a policy itself, it’s one that would–in fundamental and actually quite frightening ways–affect the how of policymaking, too.
In Kansas this legislative session, and in some other parts of the country, too, there have been explicit attempts to cut the judiciary out of the policymaking process.
In my state, this has taken the form of a proposed constitutional amendment to stipulate that only the legislature has the authority to determine what appropriate funding for public education is, so that, essentially, the ‘right’ level of funding is whatever the legislature decides to give, and students and schools would lose their right to seek redress from the courts.
It would be damaging to public education.
And it would be a really dangerous precedent.
History is replete with examples of when judicial advocacy has been a successful path to social justice. Even when individual justices, or even the entire judiciary, is fairly conservative, the way in which the court operates can sometimes lead to surprising conclusions.
In ways that are really promising for the pursuit of the ideals on which the country was founded.
Individuals with disabilities entitled to access, people of color pursuing equal opportunity, gays and lesbians seeking the right to marry…all deserve to have all of the channels of our government open to them.
Sometimes social workers, as advocates, can lose sight of the importance of some of these ‘process’ threats. We have not been very active in the campaign finance debate. We tend to be absent in the fights over collective bargaining rights.
And, so far, at least in Kansas, social workers have not been very present in the constitutional amendment battle about the role of the judiciary, either. Maybe, in part, that’s because school finance isn’t seen as ‘our fight’. And there are plenty of things that are. This session alone, we’ve faced budget cuts, more tax restructuring, drug testing TANF recipients, and elimination of some early intervention programs. Among others.
But if we lose on these ‘whats’, we will find ourselves with very constrained options for pursuing tomorrow’s ‘hows’.
If the other side changes the rules of the game, we will find it harder and harder to win.
It’s certainly not that the judiciary is always a slam-dunk for justice.
But it’s part of the system that, over time, has worked better for securing liberties than any other. And we face far better odds with the courts at the table than without.
So, this, too, has to be our fight.
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Posted in Analysis and Commentary
Tagged advocacy, judicial policy, Kansas, school finance