E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
The cause of police reform ought to lead Democrats to
rethink their disdain toward conservative religiosity.
The recent deluge
of videos
of police attacking Americans for exercising their right to protest has shown
the urgency of radically reforming police departments.In any
well-functioning society, the police must be trusted and respected.If they have forfeited that trust, they must
get it back.
The case for reform is not merely speculative.The thing has been done successfully.One dramatic
case is Camden, New Jersey, which dissolved and recreated its police
department, with a new emphasis on de-escalation techniques.The results have been spectacular:violent crime dropped 26 percent, the
homicide rate dropped 66 percent, and excessive force complaints against the
police have steadily declined.(Minneapolis
is going to try something similar on a much larger scale.)
A key part of Camden’s success has been close cooperation
with local churches and nonprofits. It’s
clear why this is important:The police,
who have lost moral authority, are regaining it by affiliating with
institutions that have kept that authority.Criminal law only works if it reinforces
community norms.
The American left has enthusiastically embraced this
cause, though they have unhappily tagged it with the clumsily misleading slogan
“defund the police.”(A moderate
reformist proposal to shift
scarce resources to social services is thus easily caricatured
as a demand for anarchy.)But then, it
needs to come to terms with the fact that the new structures will necessarily
empower the African-American churches, many of which teach ideas about sexual
morality that the left finds repellent.
According to 2019 Pew data, 62% of white people favor same-sex marriage,
compared to 51% of black people. According to a 2014 Pew survey, 70% of black respondents said homosexual
behavior is a sin, compared to just 47% of whites.Like most Americans, African-Americans who
disapprove of homosexuality do so primarily for religious reasons.
A common trope on the left is to brand
those who embrace the traditional moral view as bigots.That’s part of the reason why any compromise
of the gay rights/religious liberty conflict (about which I’ve just published a
book)
is seen as morally repellent.
No one is tempted to make that kind of move in this
context.It would be another instance of
a practice with a long and ugly history, one that really is morally repellent:
white people lecturing African-Americans about their allegedly retrograde
culture.
Instead, we seem to be capable here of understanding that
this is a normal phenomenon of a diverse society: potential allies with whom we
have important disagreements.I differ
with the African-Americans who think that homosexuality is sinful.I also think that our disagreement is less
important than the urgency of protecting them from criminal and police
violence.Religious institutions, which
teach ideas that I think wrong and destructive, have a valuable role to play.
The problem of American political polarization is in
large part a failure to perceive areas of consensus – areas which extremists on
both sides have a professional interest in obscuring.The police reform movement creates one
opportunity to overcome that.We should
be looking for others.