Recent editorials published in Indiana newspapers

The (Fort Wayne) Journal Gazette. April 10, 2016

Abortion law's political fallout likely to linger.

In the final days of this year's session, one of the nation's most restrictive anti-abortion bills was hustled through the Indiana General Assembly. Gov. Mike Pence signed it into law, and the right-to-life forces declared victory.

But their celebration may be premature.

Opponents of the law, which prevents a pregnant woman from receiving an abortion if she is concerned about disabilities, or because of race or gender, are making their voices heard - in a protest, on the Internet and in court.

Thursday, the legal challenge legislators must have known was coming was filed in federal court by the American Civil Liberties Union of Indiana and Planned Parenthood of Indiana and Kentucky.

"The law is clearly unconstitutional," said Dawn Johnsen, a professor at Indiana University's Maurer School of Law who worked with the ACLU, NARAL Pro-Choice America and the U.S. Office of Legal Counsel before coming to IU.

Johnsen, whose specialty is constitutional law, notes that the Supreme Court has been clear, not just in the 1973 Roe vs. Wade case that legalized abortion but in a subsequent decision, that a woman has the right to an abortion during the first trimester of pregnancy. In the 1992 Planned Parenthood v. Casey decision, the court reaffirmed what's known as "the core of Roe," she said. "They said it's the right of the woman to make her own decision" during that time period.

Indiana and many other states have enacted laws to chip away at abortion rights. But the new Indiana law, Johnsen said, goes far beyond what most other states have done.

A woman would not be allowed to abort a fetus if she states a concern that it may have Down syndrome or another genetic abnormality or be of a certain race or gender. But a woman who doesn't offer a specific reason could still exercise her right to have an abortion during the first 20 weeks of pregnancy.

It is difficult to predict the effect of the law, which will take effect July 1 if the ACLU's request for an injunction isn't granted.

The measure wouldn't penalize a woman who seeks or receives an abortion, but a doctor who arranges for an abortion might face disciplinary action or a civil suit.

"Certainly it would chill the conversation between the doctor and the patient about options," Johnsen said.

Even the provision of the new law that requires facilities to bury or cremate the remains of aborted or miscarried fetuses is "designed to restrict abortion and make it more difficult," Johnsen said. "It is not intended to help women."

The problems with the law were evident from the moment it was passed. It was authored by Fort Wayne's Rep. Casey Cox and with involvement by two other local Republicans, Sen. Liz Brown of Fort Wayne and Sen. Travis Holdman of Markle.

But even some pro-life Republican women defected as the bill was pushed through. "I implore you to have the courage to say no," said Rep. Wendy McNamara of Mount Vernon.

Johnsen said the governor and those legislators who supported the bill may have to pay a price in the election. "Alienating women will and should hurt (Pence) politically," she said. "Republican women as a group are more willing than most to cross over on this issue."

Maybe the federal courts will ignore those clear high court precedents and give the Indiana abortion bill a pass. Maybe all mothers who give birth against their wishes can find the resources they need to provide for a child with serious genetic anomalies. Maybe women who disagree with the measure will remain silent on Election Day.

Or, maybe not.

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South Bend Tribune. April 8, 2016

Public pays the price for lawmaker secrecy.

Indiana taxpayers are paying the price for their legislators' insistence on keeping the public's business private.

So far, the tab is at $160,000 and still running.

A lawsuit from the Citizens Action Coalition, Common Cause Indiana and Energy and Policy Institute lies at the heart of this taxpayer-funded battle. The nonprofit groups are seeking emails between Rep. Eric Koch, R-Bedford, and utility companies regarding his solar power bill. The House had denied an open records request for the correspondence, saying the General Assembly is exempt from Indiana's Access to PublicRecords Act.

Adding insult to injury, rather than use the state's attorney general office to defend the lawsuit, Republican House Speaker Brian Bosma hired Indianapolis law firm Taft Stettinius & Hollister. As revealed last year, the outside attorney charges about $440 an hour; a second lawyer assisting charges $345 an hour. The costs for the case are being split with the Indiana Senate and paid from the legislature's general budget. The $160,000 figure doesn't include legal fees from last month's oral arguments before the Indiana Supreme Court, so the number will grow.

Indiana Attorney General Greg Zoeller's office would usually defend any lawsuits, but Bosma asked to hire outside counsel, which Zoeller approved.

All of this is in defense of the "House tradition," which boils down to this: The Indiana Access to Public Records Law doesn't apply to the General Assembly. Lawmakers say it's all in the effort to protect their communications with citizens. Never mind that the state's public access counselor has been clear in his advisory opinion that the law does apply to lawmakers, while allowing them to shield some documents as work products. And that lawmakers could address privacy concerns by protecting sensitive information while still adhering to the law's goal of openness.

Bosma allows that "no one likes to spend money but confidentiality of Hoosiers' communications with their elected officials is paramount."

But the cost of breaking faith with the public - and doing it on their dime - could run a lot higher than that $160,000-plus tab.

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Kokomo Tribune. April 8, 2016

Raise the bar in education.

Indiana spends about $7 billion a year on K-12 schools and claims to be a pioneer in education reform. Yet thousands of its high school students are graduating without the basic math, reading and writing skills needed to succeed in college.

That's what a series of reports from the Indiana Commission for Higher Education have shown since the state started tracking data on the college-readiness of its students nine years ago. And that's why the commission voted last August to approve proposed changes to Indiana's high school diploma requirements.

But at a meeting of the State Board of Education last month, members voted unanimously to stop those efforts.

"The board noted the percentage of Indiana high school graduates requiring remediation in college has dropped by 13 percent between 2011 and 2014," reported WBIW-AM 1340.

Though there was year-over-year, statewide improvement of 5 percentage points in the number of students who graduated from public high schools and entered college without needing remediation in 2013 - the commission's most recent data - 33 percent who graduated with the state's required "college preparatory" diploma, known as Core 40, had to take at least one remedial course after enrolling at one of Indiana's state-supported colleges.

Fewer than 50 percent of students enrolled in remedial courses complete them. Those who do find their path to graduation delayed or derailed. Two-thirds of students in four-year colleges needing remediation fail to earn their degrees within six years. Fewer than 8 percent of students in two-year colleges earn their degrees within four years.

A new College & Career Ready Diploma would replace the Core 40 Diploma and increase the credit mandates from 40 to 44, under the proposal approved by the Commission for Higher Education.

Gov. Mike Pence made college readiness one of his top priorities when taking office. "The need to remediate our high school graduates is a failure for our students," he said.

And the Indiana College Readiness reports these past nine years suggest Pence's call for stiffer high school standards could increase college graduations. The State Board of Education and our General Assembly must act.

They can raise graduation requirements by approving Indiana's new high school diplomas.

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The (Anderson) Herald Bulletin. April 10, 2016

It's OK to issue tickets but not tickets to salvation.

Getting stopped by a policeman for a traffic violation can be an unnerving experience.

Motorists become anxious while awaiting a ticket, a warning or, at best, advice on how to drive safely.

Advice from the policeman should stick to providing tips on getting safely to the next destination.

A traffic stop should not become a counseling session on how to get safely to heaven.

But Indiana State Police Senior Trooper Brian Hamilton seemed to sense that his traffic stops could be an opportunity for him to offer a ticket for salvation.

In January, the Pendleton-based trooper pulled over a woman for speeding. The stop was made in her driveway; she couldn't have backed out if she wanted to. Hamilton asked the female driver if she was saved as a Christian, according to legal documents filed in U.S. District Court.

To avoid more emotional turbulence, she told him that indeed she was saved and attended church. After the incident, she complained to state police officials. This past week, she filed a federal lawsuit against the trooper.

Hamilton may have seen the stop as an opportunity to share his Christian faith. After all, Romans 10:17 encourages evangelizing: "So then faith cometh by hearing, and hearing by the word of God."

But the woman may have seen the encounter as an act of intimidation, that went beyond a police officer's duties.

Hamilton was fired Thursday. But the termination was not simply over the January incident. He had violated a written order issued in August 2014 as the result of a previous proselytizing incident during a traffic stop.

Back then, Hamilton was counseled, "During the course of his official duties, S/Trp. Hamilton will not question others regarding their religious beliefs nor provide religious pamphlets or similar advertisements."

He had been warned.

If Hoosiers think Hamilton is being persecuted, they might consider their reaction if a police officer suggested that they follow the teachings of Wicca or Scientology.

Granted, evangelism is an integral part of many religious movements.

But Hamilton's case has shown that there is a perception to avoid - where ministering crosses into intimidation, where good intentions resurrect bad feelings.

No one given authority by the state to enforce the law should offer a motorist a ticket into heaven.

A driver would likely rather accept a traffic ticket.