19 May 2008

Amendment 27 Noose Loosened

The Colorado Supreme Court has ruled in favor of the teacher's union on the scope of in-kind campaign contributions under Amendment 27, Colorado's state constitution imposed campaign finance law.

The Colorado Court of Appeals had held that using paid union officials to organize volunteer events at which union members dropped literature for a partisan political campaign was an illegal in kind campaign contribution. The Colorado Supreme Court reversed, finding the activity to be exempt from campaign finance limitations because they constituted "communication solely with members and their families."

Weighing the scales was the principle, most recently noted by the U.S. Supreme Court in a decision evaluating the constitutionality of another state's campaign finance laws that:

Our construction and application of these regulations “must give the benefit of any doubt to protecting rather than stifling speech.” Fed. Election Comm’n v. Wis. Right to Life, Inc., 127 S.Ct. 2652, 2667 (2007).


The decision was 5-2 with the court's two most conservative justices, Eid and Coates, dissenting.

Today's decision creates a safe harbor for non-monetary union (and 501(c)(4) civic organization) involvement in partisan politics.

It also sheds some insight on how the Colorado Supreme Court may handle interpretation of Amendment 41 gift ban, a matter it has twice declined to address on the merits (once in a request from the legislature and again in a interlocutory appeal from a district court decision) in order to allow the ethics commission which created the law to weigh in on the matter first. The ruling suggests that, if the ethics commission gives it the opportunity, that the Colorado Supreme Court will interpret Amendment 41 weakly, reading in the requirement of a nexus between improper influence and a gift that supporters of the Amendment and the Colorado General Assembly have urged, unless the ethics commission unequivocally interprets the law as the true gift ban that one infers from the plain language of the Amendment, in which case it may have no choice but to strike it down in whole or in part as unconstitutinal.

16 May 2008

FAC: Go Kate!

Human beings aren't rational. I am a human being. Maybe this explains why I care, surprisingly strongly about the fate of Kate Middleton, the long time significant other of Prince William, who is second in line to the British throne.

From multiple news accounts, Kate seems like a nice gal and a positive influence on Prince William. So I, like millions of other much more hardcore Anglophiles and royalists, sincerely hope that that their long and relatively stable relationship (the linked article notes that they appears to be on good terms and accepted by the royal family at the moment) works out.

In truth, the royal family is irrelevant, I have no serious connection with United Kingdom or any other part of the British Commonwealth, and I've never met anyone who knows anyone who knows any member of the royal family personally. So, I really shouldn't care. But, living in a media age it is hard not to know about certain celebrities, and if you know about them, it is hard not to have the kind of normal human feelings you have for anyone whom you know, even a little.

15 May 2008

Ken Salazar and Denver Post Confused On Farm Bill

Sen. Ken Salazar, a Denver Democrat who supports the bill, disputed the idea that it pays rich farmers. The bill allows payments to farmers with adjusted gross incomes of $750,000 or less.

That number doesn't take into account deductions for the cost of running a farm, Salazar said.

"A farmer with an adjusted gross income of $750,000 might be losing his shirt" after paying for fuel, a new tractor and other expenses, Salazar said.


From The Denver Post.

The trouble is that Ken Salazar is wrong. Adjusted gross income is income after business expenses (and student loan interest and self-employed health insurance deductions), not before. Indeed, even gross income for tax purposes is after business expenses.

The amount of crop subsidies received are based upon gross cash crop sales, but the limitation on farm subsidies to prevent rich corporate farmers from unduly benefitting from them, are based upon adjusted gross income (see Section 1601 of the Farm Bill), which, for a farmer with no other form of income, is simply taxable profits from farming.

The notion that our government needs to be spending $43 billion a year, more or less, subsidizing farmers making $750,000 a year net is absurd. The lion's share of these subsidizes go to farmers who are financially comfortable. The is no reason that the U.S. government should be providing corporate welfare to farmers making more than ten times the median family income. If we must have crop subsidies, which have multiple negative impacts on our economy, as a way to preserve open space and a historic way of life, they should be limited to famers who are actually struggling economically.

If Ken Salazar is going to provide corporate welfare to extremely high income farmers (and the limitations is based on a multi-year average further mitigated by generous income averaging provisions available to farmers who file their returns on Schedule F), he should at least do so knowing what he is doing and defending his stance on the merits rather than on a misunderstanding of the bill.

Also, the fact that Anne C. Mulkern, who wrote the story for the Post, didn't note that Salazar was mistaken is a classic example of the mass media's abdication of their responsibility to provide not only each side's opinions about the story, but also the facts. Reporters covering stories like this one have an obligation to their readers to know what they are talking about, and to take to task spin that is plain wrong on the facts, rather than blindly parroting it.

14 May 2008

SCOTUS Most Conservative Since 1937

Four of the five most conservative justices to serve on the U.S. Supreme Court since 1937 are on the bench now. The other recently died. Justice Kennedy, the other member of the U.S. Supreme Court's conservative majority is one of the ten most conservative justices in that time period.

Denver's Primary Ballot Issue Title Deceptive

Damn! I have to remember to vote on August 12, 2008, Denver, Colorado's primary election date, despite the fact that there are no contested primaries in the Democratic party for voters in my precinct.

Why? Denver has an initiative on the ballot. Worse yet, the title that will appear on the ballot is deceptive.

The title (according to a link provided by At Large City Councilman Doug Linkhart) will be as follows:

Shall the voters for the City and County of Denver adopt an ordinance requiring that a motor vehicle operated by an unlicensed driver be impounded and that releasing such vehicle shall require that the owner post a two-thousand five-hundred dollar bond to insure no unlicensed driver operates such vehicle for a period of one year and pay a one-hundred dollar impoundment land acquisition fee?


This isn't an accurate statement of what the measure actually proposes. Some unlicensed drivers don't get their cars impounded under the measure, while others who have licenses which are valid for driving in Colorado do have their cars impounded. In fact, this is really an anti-immigrant measure with a deceptive title designed to slip under the radar by appearing on the ballot at a time when turnout is typically low. It really provides that:

(1) Definition. As used in this section “Illegal alien” means a person who has entered the United States illegally or is residing in the United States illegally after entering legally.

(a) Sec. 54-811 (10) is amended by an addition to subsection (10) to read: or when a driver of a vehicle is an illegal alien;

(1) A vehicle operator without a valid driver’s license but with convincing corroborating identification, vehicle registration, and a valid driver’s license of record may, at the discretion of the attending Police Officer, be issued a summons for driving without a license without impounding the vehicle. Such summons along with proof of a valid driver’s license shall be submitted within three working days to a Denver County Court for validation or such vehicle shall be ordered impounded.

(b) Sec. 54-811 is amended by the addition of a new subsection (20) to read: Sec. 54-811 (20) When a driver operating a vehicle registered in Colorado possesses a driver’s license from another country and does not possess proof that they are in the country legally, the owner of record, if ascertained, or any lienholder, if ascertained, shall be issued by certified mail, a notice of pending impoundment requiring proof that such driver was not an illegal alien or such vehicle shall be ordered impounded thirty days from the day the violation notice was issued.

(c) Sec. 54-813 is amended by the addition of a new subsection (c) to read:
Sec. 54-813 (c) The release of a motor vehicle impounded as provided in 54-811(10) or 54-811(20) shall require that a two-thousand five-hundred dollar bond be posted within thirty days of impoundment in favor of the City and County of Denver or the motor vehicle is subject to disposal by the city by auction or otherwise. This requirement is not applied when the operator of such vehicle is found to have had a valid driver’s license with such vehicle being released upon payment of towing and impoundment charges by owner. This bond shall be held for a period of one year and forfeited if such vehicle is operated by an unlicensed driver in Colorado within that time. For this section a one-hundred dollar impoundment land acquisition fee shall be paid to the city prior to the release of vehicle.

(d) Legislation may be enacted to facilitate the operation of this ordinance by the Mayor and City Council but in no way shall such legislation limit or restrict the provisions of this section or the powers herein granted.


Thus, Denver police are permitted but not required to give a driver with a suspended license (e.g., for DUI) a ticket rather than impounding a vehicle, but a Mexican tourist or Canadian or European tourist in Denver (all from places where one doesn't have to have a visa for tourism purposes) could have a car impounded despite having a driver's license from another country which is legal for driving in the United States.

Also, because this law regulations the exclusively federal province of immigration, and varies from comprehensive state rules on driver's licenses (which contains exemptions from having driver's license at Colorado Revised Statutes Section 42-2-102 for certain non-U.S. driver's licenses and for certain other persons), rather than confining itself to the issue of impounding vehicles driven by unlicensed drivers, it may very well be unconstitutional or pre-empted, under the federal and/or state constitutions or laws.

I am also disappointed that such a measure would be approved by the City Council with a deceptive title. While the City has a duty to place certain initiated matters on the ballot, it is not at all clear that inaccurate titles must be honored.

The initiative is a bad proposal and you should vote "No" when you go to the polls on August 12, 2008 (or on your mail-in ballot).

Denver's Foreclosure Report

The City and County of Denver has an eighty page report on foreclosures, which is full of detailed pertinent data. The data show that widespread availability of non-traditional mortgages, rather than general economic weakness was behind a rapid rise in foreclosures.

The recommendations of the report follow. I emphasize the recommendations that go beyond additional education, training and planning.

1. Reduce the incidence of foreclosure by mitigating the impacts of subprime loans:
* Combine downpayment assistance with interest-rate buy-down for qualified low- and moderate-income homebuyers
* Target the single family Mortgage Revenue Bond (MRB) program to areas with a high incidence of subprime loans
* Work with HUD and non-profit agencies to promote the use of FHA programs

2. Balance the goal of homeownership with the need for neighborhood stability and housing preservation:
* Improve the effectiveness of homebuyer education and counseling
* De-emphasize the widespread view of homeownership as a risk-free investment, especially for low-income households

3. Enhance the ability of homeowners to make informed refinancing decisions:
* Conduct intensive information campaigns or seminars about mortgage products and refinancing
* Provide up-to-date training for housing counselors
* Augment housing counseling services to include post-homebuyer counseling

4. Minimize the consequences of concentrated foreclosures:
* Stabilize housing prices through purchase of distressed properties
* Create a loan pool to assist homeowners who have survived temporary economic dislocations
* Step up enforcement of housing code violations

5. Develop a long-term foreclosure avoidance strategy:
* Data collection and analysis on a regular basis
* Create a Citywide Foreclosure Taskforce
* Intensify enforcement of consumer protection laws and disclosure requirements


The full report is worth reading.

In related news, rental vacancy rates are low in Denver, but rents are increasing only slightly and are about 25% below the levels needed to encourage new rental property construction at a time when construction material costs have soared.

Capital Gains Tax Breaks Still Wrong

The benefits of preferrential tax rates for capital gains and dividends go 70.4% to those in the top 1% of taxpayer income (average income $1.662 million) and 14.4% to those in the next 4% of taxpayers (average income $272,200). The next 15% of taxpayers receive 9.0% of the benefit (average income $121,900). The bottom 80% of taxpayers receive 6.2% of the benefit.

The cost of the tax break in reduced collections is $91.7 billion in 2005.

Also, those who benefit from these breaks say they wouldn't change their behavior if the rates were increased somewhat.

According to the annual Bloomberg/Los Angeles Times investor poll, 69 percent of upper-income investors say a raise in the capital gains tax to 20 percent from 15 percent wouldn't cause them to sell assets they would otherwise hold.


The capital gains tax break also greatly increases the complexity of the tax code and fuels countless elaborate tax reduction schemes by converting what would otherwise be ordinary income for tax purposes into capital gains.

13 May 2008

Another Week, Another Primary

West Virginia held its primary election today. Delegates will be split roughly 20 to Clinton and 8 to Obama, precisely as I predicted the last time around. Obama has a 154 pledged delegate lead after West Virginia.

This leaves 189 pledged delegates to be allocated in five remaining contests over the next three weeks.

The remaining contests are:

* Kentucky (May 20) 51 Clinton strongly favored
* Oregon (May 20) 52 Obama favored
* Puerto Rico (June 1) 55 Clinton favored
* Montana (June 3) 16 Obama favored
* South Dakota (June 3) 15 Obama favored

In something on the order of the most favorable to Clinton plasuible scenario that I would foresee, the following delegate split from these contests:

KY 35C 17O (i.e. 67% for Clinton)
OR 21C 31O (i.e. 40% for Clinton)
PR 33C 22O (i.e. 60% for Clinton)
MT 6C 10O (i.e. 37% for Clinton)
SD 6C 9O (i.e 43% for Clinton)

Total pledged delegates: 101C 89O (net +12C)

Obama has a 12.5 delegate lead in superdelegates, a net gain of 24 superdelegates in the last week. There are 241.5 superdelegates who have not yet stated a preference.

Obama needs 142 more delegates to win, Clinton needs 308.5 more delegates to win.

A deal on Michigan or Florida seems less likely than it did a week ago. It seems increasingly likely that there will be no delegation seated from either state. Their saving grace may be that Obama's lead could be great enough to render these states irrelevant to the outcome reducing the incentive to exclude them for breaking the Democratic Party's rules.

Simply put, there continues to be no plausible scenario in which Hillary Clinton will be the Democratic nominee for President in 2008. The general election race, it is increasingly clear will be between Barack Obama for the Democrats and John McCain for the Republicans (who is struggling to secure 75% support in West Virginia even after all of the other candidates have dropped out of the race and he is the presumptive nominee). And, Obama is favored to win in the general election based upon current polling data and predictors like the "election futures markets."

Democrats also picked up another Democratic seat in Congress in what should be a safe Republican district (R+10) from Mississippi in a special election by a 53-47 margin.

Religion As A Multiple Choice Question

In the United States, every religion under the sun, Christian and non-Christian, has a foothold, and no nation on Earth with a comparable level of economic development is so religious in practice. Religion is a fill in the blank question. No multiple choice option is comprehensive enough to fit a simple survey accurately.

In most of Europe, in any given place, there tend to be three predominant religious identifications. One is the established or formerly established form of Christianity -- Anglicans in England, Lutherans in Scandinavia and Northern Germany, Catholics in France, Spain, Italy and Southern Germany. A second, increasingly the second most common faith in most regions of Europe, is Islam. A third is some form of secular, atheistic or non-religious identification.

For example, in France, in a 2003 poll, religious self-identification was "62% . . . Roman Catholic, 7% Muslim, 2% Protestant, 1% Jewish, 2% "other religions" (except for Orthodox or Buddhist, which were negligible), 26% 'no religion'" Moreover, a significant share of those who self-identify as Catholic or Muslim see this as a cultural designation rather than a theological one and simultaneously view themselves as atheist, agnostic or believers in a far more vague form of divinity than Catholic or Islamic doctrine describe (about 12% of the French come from Islamic countries, and historically, almost all of the French were considered Catholics).

In much of what we think of as the Islamic world, almost everyone is considered Muslim and the only real alternative, as a default, is a secular stance.

Globalization could play out a couple of ways. One would be for secularism to arise as a consensus alternative in a world where most societies are multiple choice or either-or in their universe of culturally acceptable religious roles.

The other would be for the exposure to multiple world religions to turn what had previously been multiple choice societies from a religious perspective into fill in the blank societies as more options appear. For example, this appears to be happening in London.

Time will tell which response predominates.

12 May 2008

Wash Park Prophet Goes Hebrew

A Hebrew language site discusses a recent post at this blog. I have no idea what it says and there are few, if any, free automated online Hebrew-English translation services. Help from anyone who can explain the gist of the commentary/website "come from" in the comments to this post would be welcomed.

Sex Offender Residency Requirements Don't Work

Examining the potential deterrent effects of a residency restrictions law in Minnesota, this study analyzed the offense patterns of every sex offender released from Minnesota correctional facilities between 1990 and 2002 who was reincarcerated for a new sex offense prior to 2006. Given that not one of the 224 sex offenses would have likely been prevented by residency restrictions, the findings from this study provide little support for the notion that such restrictions would significantly reduce sexual recidivism.


From here.

Oil Prices Record High In Real and Nominal Terms

The previous high in real dollar oil prices (i.e. adjusted for inflation) was $103.80 a barrel set in April 1980. The nominal price at the time was $39.50 a barrel.

The $103.8 real-term record was calculated with crude prices posted on the Wall Street Journal and adjusted by the CPI.


Other methods of calculating the real price back in 1980 suggest a $90 peak. Prior to 1980 the previous peak was when: "A barrel of oil once reached $20 in 1859, shortly after oil was found in the United States . . . . That translates into a real-term price of over $400[.]"

Oil reached about $120 a barrel this month. It has done so without the dramatic embargo or supply interruption seen in previous oil price surges (although, of course, there are always less dramatic supply interruptions in the oil market).

Federal Judges By The Numbers

According to the U.S. Federal Judicial Center, there are only 13 vacancies on the 179-member federal courts of appeal and only 35 openings among the 674 district or trial judges.

The number of openings may increase by Inauguration Day -- a few seats are vacated each month -- but they could be offset if the Democratic-controlled Senate is persuaded to fill a few appellate seats and perhaps as many as 10 district court seats. . . . The next president will find the federal bench solidly controlled by the GOP, with about 100 Republicans in appeals court seats, compared with approximately 66 Democrats. Republicans have a 56 percent majority at the trial court level. . . . Forty-six of the 53 longest-serving appeals judges are GOP appointees. . . . [A] bill just proposed by Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) . . . would create 12 appeals court seats and 38 district court seats. . . .

The senior liberal [on the U.S. Supreme Court], Justice John Paul Stevens, just turned 88, although he's still golfing and, we hear, maybe playing a little tennis.

Justice Ruth Bader Ginsburg . . . is 75. . . . Antonin Scalia [is] 72, and Anthony Kennedy [is] 71[.]


From here.

FLDS No Longer Controls Own Assets

The religious leaders of the nation's best known polygamous sect, which was the subject of a massive raid in Texas (a raid which Arizona and Utah officials have made clear that they do not intend to repeat in a public meeting at St. George, Utah), do not control the trust which owns almost all of the community's assets. The trustee was replaced with a receiver, and the trust was reformed, in recent charitable trust litigation brought by the relevant state attorney general (the state attorney general generally has standing to bring actions regarding all charitable trust as a trust protector of last resort).

Military Commissions Still Rotten

The presiding judge at the Military Commission trial pending in Guantanamo Bay has rebuked the administration for excessive political pressure on the process, and has banned a top Pentagon official and his staff from involvement in the process.

The Homeless and the Vagrants

According to the Denver Post this past Sunday (infographic, page 5E), there are 12,050 homeless people in Colorado, of whom about a third live in Denver. This includes 600 "chronically homeless" in Denver (and presumably on the order of 1,200 elsewhere in the state). Chronically homeless is a euphemism for vagrant and defined as "single people who sleep outside and in shelers."

The graphic reports (seemingly with regard to the homeless as a whole, although I suspect that the reference might actually be to vagrants), that 25% of mentally ill, 40% are alcohol or substantive abusers and 15% are both (which I suspect means that the total number of mentally ill, alcohol or substance abusers is 50% not 80%, although the phrasing is ambiguous).

Something like 95% of the homeless are basically down on their luck -- people who have lost a job, can afford a place to live, have had a family break up, often single mothers or families with children, a substantial minority working.

According to a related story, Denver's efforts have brought down homlessness 11% overall and reduced "chronic homelessness" by 36%. Boulder has also seen drops. The city says it saves $1000-$4000 a year (excluding federal and Medicaid savings) by finding people homes. Panhandling on the 16th Street mall is allegedly down 92%.

Together with statistics from our prison population, homelessness illustrates the high price we pay for poor behavioral health services (most notably deinstitutionalization a generation ago), and the price we pay for having a weak safety net.

The numbers also suggest that vagrancy is not an intractible problem. The vast majority of the homeless do not fall into vagrancy, and there is good reason to believe, given the concentrated mental health and substance abuse problems behind vagrancy, that helping the couple thousand who are in this state will not cause others to fall into the same trap. This costs money. Vagrants, almost by definition, have serious problems. But it isn't insanely expensive and the experience of "housing first" efforts has been that people allowed to get on their feet and given the help that they need can do so. The trouble is worth the effort, for those in that dire state and for the rest of us.

09 May 2008

The Changing Face Of Motherhood

Mother's Day is this weekend. The nature of motherhood, however, has changed dramatically.

The Decline of Marriage

According to Barbara Dafoe Whitehead's 1997 book The Divorce Culture:

[A]pproximately 45 percent of children born to married parents are likely to experience parental divorce before age eighteen.


This number looks about right given other data I've seen on divorce. Of course, lots of children are not born to married parents. In Denver, the percentage of children born to an unmarried mother, by ethnicity, is as follows:

Anglo: 17.1%
Asian: 12.6%
Hispanic: 42.2%
Black: 60.6%
Native American: 66.7%

The general trends are similar across the nation. The odds that a child born to a black mother in Denver will live eighteen years with both parents are on the order of 18%, while the odds that a child born to a white mother in Denver will live eighteen years with both parents are on the order of 47%.

In fact, however, the deck is stacked. Children of middle class parents are more likely to be born to married parents who are in turn less likely to get divorced. As the Economist (via Non-Prophet) explains:

Only 4% of the children of mothers with college degrees are born out of wedlock. And the divorce rate among college-educated women has plummeted. Of those who first tied the knot between 1975 and 1979, 29% were divorced within ten years. Among those who first married between 1990 and 1994, only 16.5% were.

At the bottom of the education scale, the picture is reversed. Among high-school dropouts, the divorce rate rose from 38% for those who first married in 1975-79 to 46% for those who first married in 1990-94. Among those with a high school diploma but no college, it rose from 35% to 38%. And these figures are only part of the story. Many mothers avoid divorce by never marrying in the first place. The out-of-wedlock birth rate among women who drop out of high school is 15%. Among African-Americans, it is a staggering 67%.


Child bearing patterns are also changing. The well to do are having more children, but having them later. The less affluent are having fewer children.

Many people who have studied the matter have found evidence that having married parents for an entire childhood is better for children than having parents who live apart in all but the worst marriages (e.g. here, here, and some of the statistics from here). The Economist article cited above also noted that low income families that did stay married tended to be better off economically than those that did not. So there is real reason to believe that declining marriage rates and marriage stability are a problem, in general and particularly for the well being of children.

Why? Theories That Don't Work

There are obvious policy culprits. No fault divorce, for example. But no fault divorce doesn't do much to explain why people do not get married in the first place.

This theory also fails to explain why several thousand state lawmakers of all political stripes, in all but a handful of states, under no federal pressure to do so, and in the absence of a strong pre-no fault lobby for it (no fault reduces the amount of work to be done in divorce for lawyers, among other things), backed it so unanimously if it was really so harmful. And, no fault divorce alone fails to explain why college educated couple stay together at such high rates, relevant to less affluent couples.

And the no fault divorce theory fails to note that divorce rates started climbing long before no fault divorce went mainstream.

Secularization has been proposed as a theory too. Those not affiliated with any religious group tend to have higher divorce rates, although, according to Barna, people who identify as atheists have very low divorce rates. Barna also states that evangelicals have high divorce rates, something confirmed by the fact that areas with many evangelicals, like Colorado Springs, are known for their high divorce rates.

Ultimately, secularization fails as a theory because it fails to explain the race and class disparity we see in divorce and lack of marriage. African Americans are the least secular ethnicity in America. Less educated whites tend to be less religious than college educated whites, and equally important, the differences between the two groups religiously isn't huge, but the unmarried parenting rates and divorce rates are dramatically different.

Some people even blame rising taxes for the woes of the typical family. But surely this can't be right, because federal income taxation has virtually vanished for moderate income families with children who tend not to marry and stay married, while remaining meaningful for the higher income couples that tend to get married and stay together. One could argue, I suppose that high income couples need marriage to mitigate tax burdens, while low income couples do not, but it isn't an easy case to make.

Why? An Economic Theory

Economics seems much more plausible as a cause.

One economic theory argues that the key factor that historically kept marriages together was the economic dependence of mothers upon their husbands. The erosion of this dependence, which can be documented in the right time periods, goes a long way towards developing a theory that fits the facts.

Since the 1970s, the incomes of college educated people have surged, while the incomes of men without college educations has remained more or less stagnant. The drug war has turned a lot of men into felons, and while people of all races and classes are drug users (at fairly similar rates across race lines), minorities and the poor are disproportionately the subject of law enforcement attention for doing so.

Meanwhile, women of all economic stations have seen dramatically increased earning power since the 1970s.

I also suspect that gender disparities in income are greater in college educated couples with children, than among those with no college.

Income is closely tied to economically useful skills which are in turn closely tied to education and experience. In less skilled jobs available to those with no college education, particularly for women who tend not to obtain alternative forms of education in a skilled trade, experience is less of a factor in income, so there is a modest long run income earning ability penalty for leaving the work force to raise children. In the highly skilled jobs available to women with college educations, experience tends to be a very important factor in income earning ability, so the long term income earning ability price of leaving the workforce for even a fairly brief period of time to raise children can be very high. Very few men at any income level leave the workforce.

Further, college educated women married to college educated men have greater freedom to sacrifice their income earning potential in order to pursue other objectives, like family, than women married to less affluent men, whose families need their earning capacities more than their time. In less educated couples, the economic pressure for everyone to maximize their income as the cost of living has risen while wages of stagnated is greater. This, in turn, has had the unintended side effect of reducing economic dependence of wives upon husbands.

The timing is right here as well. The cohort of women who married in the early 1970s were living in a period where women's economic prospects were improving dramatically. In contrast, women's economic prospects had stabilized a great deal in the decade after the marriages of the cohort of women who married in the early 1990s, and an increased desire for balance between work and family, particularly for college educated women, had emerged at that point.

One of the other periods in which women's ability to earn income surged, while the income earning ability of many men was disrupted, i.e. World War II, was notably, followed by one of the biggest pre-"no fault" upward bumps in the divorce rate. The baby boom, in contrast, and the associated surge in early marriage, came at a period of greatly increasing economic opportunities for men as the post-war economy took off, while economic opportunities for women had plunged as men returned from war and squeezed women out of the jobs that they had previously held. These two major bumps took place against a backdrop of slowing improving economic opportunities for women all through the 20th century, which coincided with rising divorce rates (although they remained low in absolute terms), apart from these bumps.

Thus, one likely cause of rising unmarried parenting and divorce rates is that women, particularly less educated women, are far less economically dependent upon their spouses than they used to be. This is consistent with the anecdotal evidence that wives are much more likely to initiate a divorce than husbands.

It is also true that a majority of divorced people remarry in less than four years. If your current spouse is a high school dropout, or at least, has no college education, the odds that a new spouse will be better educated and more affluent are fairly good, while the odds that a new spouse will be less well education and less affluent are low. But, if your current spouse has a college degree, the risk of remarrying into a less socio-economically beneficial match are much higher, and the odds of securing a more socio-economically beneficial match are lower.

The high likelihood of a fairly prompt remarriage helps explain why women are willing gamble on enduring an expected great drop in standard of living (on average 45%) until remarriage, in exchange for the prospects of securing improved well being in the long term.

Economics can also explain the disparity in rates of marriage in the first place. College educated couples will typically have substantial marital property to divide upon divorce, health insurance benefits made possible as a result of the marriage, and a husband with an ability to pay maintenance in addition to child support, so the economic risk to women associated with not marrying is high, if the couple is economically unequal, as most educated married couples with children tend to become.

Less affluent couples typically have nothing but their impoverishment and debt (often in the name of the husband) to allocate upon breaking up and often have no health insurance for a non-working spouse to lose (the uninsured are disproportionately young adults and children). Often the husband has a limited capacity to pay maintenance in addition to child support, due to a low and often irregular income, and the increased costs of living associated with maintaining two households rather than one. So, working class women often lose much less by not getting married before having children.

And, economics can explain the extremely low rates of stable marriage for African Americans, because African American women tend to progress significantly further educationally, and to suffer less economic disabilities as a result of criminal records, than African American men. Among ethnicities, men tend to do better economically than women, despite sometimes slightly lower levels of education and much higher rates of incarceration, because incarceration is rare enough to have a small effect, and reasonably high incomes in skilled trades counterbalance income deficits associated with lower educational achievement.

Implications

While the economic theory seems to fit the facts, it is not necessarily intuitive.

College educated women, who often have even formally studied feminist theory, and perhaps even taught it, tend to be much more commited intellectually to the notion of marriage as an equal partnership and economic independence for women. It may seem absurd to them that they have less equal economic relationships with their college educated, politically correct husbands than couples where neither went to college and both attend a church that calls for women to submit to their husbands (to which both members of those couples often have an intellectual commitment). After all, most college educated mothers do eventually work and do earn more than less educated women do.

But, most college educated mothers are also married to men who make much more than the husbands (or boyfriends) of less educated mothers. Also, far fewer college educated women are married to men who are economically hopeless.

This economic theory of marriage rates, moreover, argues that personal values about marriage, on average, aren't all that important determinants of marriage and divorce rates. People make these decisions based upon their options and situations, not because they do or do not believe in marriage as a general principle.

Another plausible alternative is that women are willing to stay with men who try to appear non-sexist, which college educated men do to a greater extent than less educated men. But, overt embraces of sexism could also be a response to an undermined economic security. One would also have to explain what motivated increasing sexism or declining tolerance for it.

Responses

One way to interpret a fairly dramatic global rise in a belief that marriage should be about love, rather than economics, in the developing and developed world in recent decades, is that people are subconsciously seeking the strongest possible alternative to the marriage binding glue of economic dependence, a glue that is increasingly becoming ineffective.

More generally, if economics is providing a weaker bond to hold marriages together, something needs to replace it. For example, several observers have proposed that no fault divorce be reformed to make divorce harder to obtain for people with minor children, than for people who do not have minor children. Alternately, the economic incidents of marriage could be imposed upon unmarried couples who have children together, in a modern form of common law marriage. Along these lines, economist Robert Stonebreaker has argued that greater economic responsibilities for fathers would reduce unmarried parenting (and incidentally also argues that the evidence does not support welfare policy as an important factor).

Few liberals, moderates or moderate Republicans would consider reducing the economic earning power of less educated women, or reinstating gender based discrimination in pay to be acceptable ways to increase marriage rates or reduce divorce rates.

Of course, another way to create economic dependence in marriage, without harming women's economic prospects, would be to encourage socio-economically diverse marriages. If our society abandoned the prevailing trend towards assortive marriage in which one marries ones socio-economic equal, and embraced marriages between people who are clearly economically unequal, one could have economic dependence in marriages while embracing gender equality in the workplace. College educated women would have to start finding less educated men willing to become homemakers en masse, while college educated men would need to develop a strong distaste for college educated women (something that women often claim they do (at at least used to do), but doesn't seem to be backed up by the recent evidence). It isn't clear that people actually want to enter into these kinds of relationships, however, for a variety of reasons, outside the quite small pool of men who seek "mail order brides."

Policies that support being married can and do secure broader support, but most women who divorce already pay a high economic price for doing so until they remarry, and most people whose marriages end don't stay unmarried for very long. Policies that simply favor being married don't necessarily encourage people to stay married to the same person. Remarriage is clearly economically beneficial for divorced mothers. It is far less clearly beneficial for the children of divorced mothers.

To the extent that weakening marriages are an indirect product of financial pressure on working class families, a partial solution may be to combat the larger issue of growing economic inequality, increased pressure to make ends meet, and economic insecurity for these families. Some of this may need to be through direct government intervention, some of this may be achievable by increasing the earning ability of working class people through improved education and skill training. Most European countries provide far more economic benefits to mothers than the United States which does not even have mandatory paid maternity leave.

Another widely acceptable approach is harm reduction. If unmarried motherhood and divorce are our unavoidable economic destiny, we should, at least, make the process less damaging by finding better processes to mediate split ups and by developing norms and legal rules that make new, more complex families easier to manage. People like Stephanie Coontz have embraced the trend as inevitable and argue that international experience shows that many of the harms to children associated with divorce in the United States are avoidable.

On the other hand, trends to try to restructure the work place to make it more friendly to mothers, which are widely desirable on other grounds, may reduce the economic sacrifice associated with becoming mothers that many college educated women make now. This, in turn, could cause the weakening of marriage seen among less educated and affluent couples migrate up the social ladder to the upper middle class. Sweden, for example, which has very strong government imposed economic protections for mothers in the workplace, also had very high rates of unwed motherhood (more than 50%).

While I am reasonably comfortable that the economic theory described above does explain what we are seeing, and it does give insight into how different proposals might work, I don't think that I know enough about what is causing unmarried parenting and divorce to be harmful to have a pat answer regarding the best response to this trend.

Friday Fun

Check out Non-Prophet in the sidebar, who continues to chronicle the growing popularity of Steampunk and has a heads up on an interesting art show in Denver this weekend.

Also, for your FAC pleasure, here are links to seven fun, well done, webcomics:

* The Phoenix Requiem, a mysterious Englishman comes out of a coma at the hands of a female doctor-in-training in a country something like 19th century Russia where the world of magic seems to be returning.

* The Zombie Hunters, an awkward, half-wild, orphaned girl who is a second class citizen in a zombie infested future learns the lonely responsibilities of leadership.

* Marry Me, on a whim, a socially responsible rock star marries a guy holding a "marry me" sign at her concert while its true owner takes a pee, and discovers it's a perfect match.

* The Dreamer, by day, she's a typical bright small town high school girl; asleep, she's the love interest of a doomed American revolutionary war hero in a dream that might be real.

* Red String, a web of high school romances in Japan centered around one girl's arranged engagement to the perfect man for her.

* Simply Sarah, a lesbian girl's sweet coming out story in modern England.

* Freak Angels, a commune of well meaning psychic twenty-one year olds preside over a post-apocalyptic London that they brought about with their powers.

All seven are more like serialized novels than the Sunday comics. If you're starting a new one, you should hit the archives button and start at the beginning, as plot and character development are what make them worth reading (in addition to the sometimes exquisite art). They won't make much sense if you start in the middle. Red String also offers a podcast radio show version of the first few chapters.

08 May 2008

How Much Realignment Has There Been?

Susan G at Daily Kos quotes Larry Bartels on the question of how the Democratic Party coalition has changed since the New Deal:

[T]he net decline in support for Democratic presidential candidates among white voters over the past half-century is entirely attributable to partisan change in the South. It is equally notable, in light of the alleged abandonment of the Democratic Party by working-class cultural conservatives, that white voters in the bottom third of the income distribution have actually become more loyal in their support of Democratic presidential candidates over this period. Republican gains have come not among "poorer folks" but among middle- and upper-income voters--and even those gains have been concentrated entirely in the South.


I'm suspicious that the phrase "net decline" hides a multitude of sins, but it is still worth identifying the most important driving components of political change.

Homeland Security Still Brainless

The latest initiative of the Department of Homeland Security is to detain people who are in the United States illegally while they are in the process of trying to leave the country voluntarily.

Illegal immigration is a civil violation, rather than a crime, and the sanction for being present in the United States without a valid visa is, of course, deportation (aka leaving the country involuntarily). Deportation usually involves public expenses for detention facilities and transportation, plus bureacratic expenses to process the cases, delays the departure of the person illegally present in the country, increases the risk that they will seek to stay based upon an asylum petition once detained or bring other civil action against the U.S. related to the conditions of their detention, and compromises the dignity of the people leaving.

If the Border Patrol has resources to waste on this kind of nonsense, maybe they need a budget cut.