Washington, DC
May 9, 2008
De Facto Public Policy: The appellate division of the New York Supreme Court announced its refusal this week to rehear appeals in the case of Martinez v. County of Monroe. In February 2008, the high court ruled in favor of same-sex advocates who wanted New York, which has a “same-sex marriage” ban, to officially recognize “same-sex marriages” performed in other states.
By instituting a policy that requires New York to acknowledge these “marriages,” the state is allowing de facto same-sex marriage.
Mapping Out the Roadblocks: Recently, the Friedman Foundation for Educational Choice released a study on state regulations of private schools entitled Fifty Educational Markets: A Playbook of State Laws and Regulations Governing Private Schools. The report examines laws and regulations regarding private schools in all fifty states. The study uses as its criteria the degree to which private schools are regulated by the states.
The report concludes that there is great diversity in the extent of private school regulation and that “there is a widespread misperception that private schools avoid government oversight or are unregulated.” Those laws range from reasonable health and safety regulations to the more objectionable statutes engaging in “interference with school curricula.”
The study also looks at the status of the educational marketplace in states to determine how free the public is to choose the best educational options for their children. Some of the barriers that prevent a true educational marketplace include state-mandated accreditation or state-licensing. Some states even “impose requirements that private schools follow the state’s idea of the best approach to education, or mandate expensive services that all schools believe are necessary or effective.”
The states are compared to each other and graded on a traditional A-F scale. The higher the degree of free-market competition in the state’s educational sector, the higher the state was graded. Twenty-two states received a grade of D or F. Only about one-third (1
of the states received a grade of A or B for “protecting private schools from excessive government intrusion.”
Following the Money: According to a 2007 study conducted by University of Chicago Professor William Howell and Brown University Professor Martin R. West and published in the summer issue of Education Next, the average survey participant believed that the per pupil spending in their American public school district was $4,321. However, the actual average spending level per pupil among districts was $10,377 in 2005 (the most recent data).
The survey also found that Americans think that public school teachers earn less than they actually do. The article stated, “On average, the public underestimated average teacher salaries in their own state by $14,370. The average estimate among survey respondents was $33,054, while average teacher salary nationally in 2005 was actually $47, 602.”
In order to see if survey questioners could prompt a different answer to their questions, the questioners then reminded participants of the “full range of costs associated with educating a child.” The respondents were informed that “individual student costs go toward teacher and administrator salaries, building construction and maintenance, extracurricular activities, transportation, etc.” The new response was typically $1000 more than the original estimate but still far short of the actual total cost.
“America’s strong support for education is to be applauded. However, it is also important that citizens make an effort to become more aware of exactly what is being spent on education in their own communities, so that they can make well informed decisions,” say Howell and West.
Surprising Decision from the 9th Circuit: Last week, the 9th Circuit Court of Appeals, a court known for its liberal activism, granted an injunction to stop a Washington state policy that states pharmacists, regardless of personal convictions, must fill all prescriptions. Pro-life pharmacists would be required to fill birth control and morning-after pills.
In 2007, the Washington state pharmacy board ruled that the religious objections of pharmacists could not trump patients’ rights to prescription drugs. A group of pro-life pharmacists then brought suit against the state board to stop the new policy from being implemented. The 9th Circuit granted the injunction because the state pharmacy board failed to provide sufficient evidence to prove that patients would face harm by pro-life pharmacists acting according to their religious beliefs. The case will be heard by the 9th Circuit Court on June 3, 2008.
“California laws also create a hostile environment for pro-life pharmacists,” contends Karen England, executive director for Capitol Resource Institute. “This injunction is a victory for our constitutional right to religious freedom, especially at work. A 9th Circuit Court of Appeals decision in favor of pro-life pharmacists will protect religious freedoms for many pharmacists throughout our state and country.”
