There is at first glance a certain gastronomic symmetry between Oregon’s recent flap over a gay couple who wanted to buy a wedding cake, and the civil rights movement of the 1950s and ’60s.
One of the great symbols of the latter was, of course, the lunch counter — specifically, the prevalence of “whites only” restaurant sections in the Deep South.
But given anything more than a cursory look, the validity of this comparison withers.
For one thing, the segregated lunch counter, and other restricted public accommodations, were the norm in those days, whereas we know of only one Oregon bakery whose owners won’t bake wedding cakes for same-sex couples.
For another, the activists who defied the lunch counter segregation had as their ultimate goal guaranteeing for themselves fundamental rights, chief among them suffrage and access to public universities, which are not denied to Americans based on their sexual orientation.
Aaron Klein, who owns Sweet Cakes bakery in Gresham with his wife, Melissa, said he refused to make a cake for Laurel Bowman and her fiancée because he’s a Christian and he doesn’t think gay couples should be able to legally marry. Klein said this wasn’t the first time he has declined to make a wedding cake for a same-sex couple.
Bowman’s decision to file a formal complaint against Klein with the Oregon Attorney General over a wedding cake, a product readily available at dozens of businesses in the Portland area, seems to us a clumsy attempt to achieve the worthwhile goal of securing for gay couples the same legal rights, such as hospital visitations, afforded to heterosexual couples who are married.
The dispute over the wedding cake does, though, raise an interesting question about what seems to us a conflict between Oregon’s Constitution and one of its laws.
Here’s what the Constitution says: “No law shall in any case whatever control the free exercise, and enjoyment of religious opinions, or interfere with the rights of conscience.”
But then there’s a law passed in 2007, ORS 659A.403: “all persons within the jurisdiction of this state are entitled to the full and equal accommodations, advantages, facilities and privileges of any place of public accommodation, without any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, national origin, marital status....”
The law’s definition of public accommodations includes private businesses.
The Constitution seems to us intended to protect Klein’s right to express his religious opinions by, for instance, not making a wedding cake for a same-sex marriage.
Yet the law makes it clear that if he bakes wedding cakes for heterosexual couples — which he does — then he can’t refuse to do the same for a gay couple because they’re gay.
The ideal solution to this apparent legal conundrum is not to be found in a courtroom or in the Attorney General’s office, however.
What’s needed is a dollop of tolerance.
Bowman and her fiancée should tolerate Klein’s constitutional right to adhere to his religious views.
And by doing so, of course, Klein loses not only the couple hundred dollars the couple would have spent on a cake, but an unknown amount of money from other potential customers who no doubt will patronize a different bakery because they don’t agree with Klein’s stance on gay marriage.
Ultimately, we think gay couples will be more likely to gain the legal rights they want, and deserve, by focusing their efforts on legislative and electoral remedies rather than worrying about one bakery.
We’ll never know, with absolute certainty, why Jadin Bell, a 15-year-old sophomore at La Grande High School, decided to end his life.
But we know that he had not hidden that he was gay.
More importantly, we know he complained that he had been bullied recently at school.
That bullying can play a role in pushing teenagers to attempt suicide is beyond dispute.
The risk is considerably greater for young men, who are six times more likely to die by suicide than young women are.
As we assess the terrible equation that sometimes results in a teen’s death, some elements will likely forever remain beyond our grasp.
But bullying we can do something about.
Which is not to say we can eliminate it.
That some people enjoy humiliating and intimidating others — in particular those who are “different” in some way — is a sad fact of human nature.
Yet we must not ignore bullies or even trivialize them, either of which response is tantamount to condoning their actions.
We must instead subject bullies to the same harsh light of unwanted attention which they cast on their victims.
We must punish bullies, both by disciplinary measures at school and through legal means if they commit crimes.
We must make them understand, as best we can, that what they think of as innocuous heckling can in fact have dire consequences.
Indeed, sometimes fatal ones.
And that, even if you ultimately decide you need to deliver a heartfelt apology to the person you demeaned, you might never get the chance.
And finally, we must recognize that bullies’ bravado often is bluster, an attempt by a person who feels powerless to exert control over others.
Multiple studies show that many bullies suffer from the same problems that make their targets vulnerable, chief among these being low self-esteem.
Reducing the incidence of bullying by helping bullies see the error of their ways, in addition to punishing them, would be the ideal result.
The crisis afflicting Oregon’s public education system looks pretty severe if you take a statewide view of the matter.
But narrow your perspective to focus on Baker County and North Powder schools, and you’ll have more reason to be pleased rather than dismayed.
The vast majority of students in our local public high schools earn their diploma within the normal four-year period.
Baker High School’s four-year graduation rate, for instance, was almost 78 percent for the 2011-12 academic year.
That’s 10 percentage points better than the Oregon average.
(And, incidentally, Baker High’s graduation rate equals the most recently calculated national average, for 2010, which is the highest in almost 40 years.)
In a related statistic, and one that’s also worth celebrating, fewer than 1 percent of BHS students dropped out of school last year — just five of 535 teenagers.
Pine-Eagle, North Powder and Burnt River schools posted even higher graduation rates. And Baker County’s other district, Huntington, had six of eight students graduate within four years, although a record-keeping discrepancy, related to the district’s discontinued exchange student program, resulted in an official graduation rate of just 38 percent.
The story behind the numbers is that with rare exceptions, our students don’t get left behind, or fall through the cracks, or any of the other clichés typically used to explain failures.
They earn their diplomas and in doing so vastly increase their chances of going on to a productive career and life.
Much of the credit goes of course to the students, who write the papers and take the tests and do the homework, and to their parents and guardians, who make sure their children are fed and clothed and ready to learn.
But these statistics are a tribute as well to our schools and to the professionals who work in them.
To ensure that most of our children successfully reach the vital milestone of graduating from high school requires a consistent effort in our homes and our classrooms.
We are fortunate indeed to live in an area where failure in this crucial endeavor is not treated as inevitable.
The campaign to curb the use of studded tires on Oregon highways rolls on.
When legislators convene Monday for the 2013 session in Salem, they’ll have at least three bills to consider.
Two would add a fee for each studded tire sold in the state. HB 2278 sets a $10 per tire fee, and HB 2397 calls for a fee to be established later.
HB 2277 would require drivers to obtain a permit before driving with studded tires. The state would calculate the cost of the permit by dividing the estimated cost of damage to roads caused by studded tires, by the number of vehicles equipped with such tires.
HB 2277 deserves a categorical rejection. Gauging damage caused by studded tires is little more than a educated guess.
HB 2278, though, has merit.
Although we’re studded tire supporters, it can’t be denied that these tires accelerate the wear of pavement compared with non-studded tires.
A modest fee — we like 5 bucks a tire rather than 10 — would help to pay that extra cost without putting studded tires out of financial reach for Oregonians who benefit from their unique qualities.
It would require a considerable level of naívete on our part to expect the Baker School Board, after more than a year of regular acrimony, to suddenly embrace a spirit of unity.
We don’t expect, as the cliché goes, board meetings to conclude with a rousing rendition of Kumbaya.
Yet even after a period that included the vote to censure board member Kyle Knight, a failed attempt to recall board members Lynne Burroughs and Mark Henderson, and Knight’s lawsuit against the district (which was settled in December), we do expect more from our elected board members — on both sides of this ongoing dispute — than they demonstrated last week.
The occasion was the extension of Superintendent Walt Wegener’s contract. The board voted 3-2 to add one year to Wegener’s deal, which now continues until June 30, 2015.
Although we don’t think Wegener needs a three-year contract — two years offers him sufficient security — the board’s decision to tack on another year is not unreasonable.
The same can’t be said, though, for parts of the written performance evaluation of Wegener that Henderson and fellow board member Andrew Bryan compiled, and that they and Burroughs approved. Henderson and Bryan recommended in the report that the board extend Wegener’s contract through June 30, 2015. Burroughs, Henderson and Bryan voted in favor of that extension.
One passage in particular in the report seems to us unnecessary and inflammatory. In the section headlined “Additional Comments,” Henderson and Bryan wrote:
“Our strongest recommendation is for Walt to specifically disengage as much as possible from the ongoing pressures of board members with agendas, divergent philosophies of district administration, or lack of fundamental understandings with board function and administrative rules.”
In other words, Wegener ought to ignore the two board members — Knight and Jim Longwell, who aren’t mentioned by name and don’t need to be, so obvious is the inference — because they don’t agree with everything Wegener does.
Besides being bad advice, this recommendation insults residents of the district who support Knight and Longwell and expect them to act as effective representatives on the school board.
Which bears directly on our other complaint.
Knight and Longwell, though they voted against the motion to extend Wegener’s contract, did not participate in evaluating him.
Longwell declined to say why he didn’t do so.
That’s not acceptable — our elected officials have a responsibility to explain their actions, or inactions, to their constituents.
Knight at least offers an explanation, pointing out that during his nearly nine-month censure he didn’t receive Wegener’s weekly reports.
But that excuse rings hollow.
Knight has attended meetings during that time, and since he feels that he is sufficiently well-versed on district operations to vote against extending Wegener’s contract, he ought to be able to explain why.
The parameters of the coming debate over PERS, Oregon’s budget-busting retirement system for state workers and many local government and school employees, are beginning to clarify.
And it looks to us increasingly likely that Oregonians will at long last find out whether Gov. John Kitzhaber truly is committed to reforming this system, or whether his pledges were mere posturing.
We hope it’s the former.
If the Oregon Legislature lacks the political courage to deal with PERS, then the retirement system will continue to force school districts to lay off teachers, and cities, counties and the state to pare services, all to ensure that retired public employees, who are the beneficiaries of one of the most generous pension plans in the country, don’t lose so much as a penny from their compensation.
On average, starting July 1, about $1 in every $5 that public agencies spend will go toward PERS. That average is higher still — 26.7 percent — for school districts.
In his proposed budget, Kitzhaber suggests a pair of changes to PERS that could save hundreds of millions of dollars:
• Stop compensating PERS retirees who live outside Oregon for Oregon income taxes they don’t even pay because they don’t live here.
• Allow cost-of-living adjustments for only the first $24,000 of retirees’ annual income.
Those amendments wouldn’t fix PERS — too many elements of the system, and in particular certain benefits which accrue only to Tier 1 employees, those hired before 1996, are locked in by contractual obligations.
But Kitzhaber believes that both of his proposals are in play, legally speaking.
But at least one of the state’s two big public employees unions begs to differ with the governor.
The American Federation of State, County and Municipal Employees (AFSCME), which represents about 24,000 workers (the Service Employees International Union represents a similar number of public employees in the state), opposes both of Kitzhaber’s ideas.
Ken Allen, executive director of Oregon AFSCME Council 75, told the editorial board of The Oregonian that he believes the cap on cost-of-living raises would be overturned in court.
Put simply, it appears probable that public employee unions, who are major supporters of Kitzhaber and other Democratic candidates, will contest any PERS reforms that cut into their members’ (or, more accurately, retired former members’) monthly pension checks.
We would hardly expect a different reaction from the unions, of course; they’re supposed to look out for their members.
But we’re far more concerned with keeping Oregon’s public schools and other vital services intact.
And protecting those government services will require meaningful action on reforming PERS, rather than empty rhetoric, from Kitzhaber and the Democrats who are in charge in Salem.
It comes as no surprise to local residents that the stretch of Interstate 84 between Meacham and Pendleton can be slippery during winter.
Of course this is equally true for the entire 165-mile section of the freeway between Pendleton and the Idaho border, as well as for every other street, county road and state highway in Baker County.
That being the case, the recent spate of publicity regarding the tragic bus crash on I-84 that killed nine passengers on Dec. 30, though understandable and potentially worthwhile as a warning to the public, also seems to us riddled with exaggerations about the lethality of certain parts of the freeway.
There is nothing uniquely hazardous about the place where the Canadian tour bus careened off the freeway.
Although many news reports have focused on the 6-percent grade and curves of Cabbage Hill, which is nearby, the bus driver, who according to an eyewitness was driving much too fast for the icy and foggy conditions, lost control on a section that’s essentially flat and straight.
But even when the pavement is dry a seemingly innocuous section of road can be dangerous if the driver is careless.
Media accounts have emphasized the treacherous conditions not only on Cabbage Hill, but also through the Ladd Canyon pass that separates the North Powder and Grande Ronde valleys, about 30 miles north of Baker City.
Indeed, both places can be tricky to negotiate in winter.
We wonder, though, whether these dramatic descriptions, connected to a terrible accident that in fact didn’t happen in either place, might mislead travelers into believing the freeway is to be avoided.
The truth, as any longtime local could tell you, is that similar conditions prevail at times every winter on secondary roads throughout the region.
The main difference between the interstate and, say, Highway 245 over Dooley Mountain, Highway 86 over the Halfway Grade, or Highway 203 through Medical Springs, is that those state routes are lightly traveled, which means help, should you need it, might be some time in arriving.
The best advice, of course, is to be prepared for trouble regardless of your route, and to drive with particular caution whenever wintry weather is possible.
These preparations pertain not only to vehicles — properly inflated tires, traction devices and the like — but to the driver as well. Driver fatigue might have been a factor in the deadly Dec. 30 crash.
It’s no small feat to get a trail built in the woods these days.
Unless, of course, the trail is pretty much built already.
Just such a situation exists in Baker and Grant counties. And all the heavy work happened more than a century ago.
The Sumpter Valley Railway Mainline Trail is a worthwhile proposal that we hope happens, and as soon as this spring when the snow melts.
The project’s main advantage, as we alluded to, is that the 42-mile route connecting the Sumpter Valley Dredge and Bates state parks is no mere concept, existing only on paper.
Rather, the proposed route follows the grade built for the Sumpter Valley Railroad, the famous “Stump Dodger” narrow-gauge line that hauled gold ore and ponderosa pine logs from the Blue Mountains to Baker City.
The 42-mile section was built between 1896, when the railroad reached Sumpter, and 1910, when the rails got to their final terminus at Prairie City.
Karen Spencer, director of the Baker County Parks Department and one of the trail’s proponents, said that relatively little trail building would be needed, as the grade remains in remarkably good shape considering its age.
The biggest task, she said, would be to clear trees and brush, and to install signs.
Spencer said the Powder River Correctional Facility has offered the use of inmate crews at the rate of $70 per crew per day, a significant savings over the regular charge of $590 per day.
About 90 percent of the proposed route is on public land, including parts of the Wallowa-Whitman and Malheur national forests.
As for the 10 percent that’s privately owned, Spencer said trail promoters intend to try to negotiate easements or other agreements with landowners that would allow the trail to cross their properties.
However, if any property owners decline to participate, the trail would be re-routed around their land, probably by way of one of the many spur lines that branched off the Sumpter Valley Railroad mainline.
Some sections of that mainline were turned into roads many decades ago.
Those roads would remain as they are, with motor vehicles allowed on sections that are open now, Spencer said.
Other sections, where the original railroad grade remains, would be open for non-motorized travel, including hiking, mountain biking, horseback riding and, in the winter, cross country skiing and snowshoeing.
Besides adding to the recreational opportunities in the area, the Sumpter Valley Railroad trail would draw attention to a fascinating part of the region’s history.
That these two goals can be accomplished for relatively little cost, and without displacing existing recreationists or affecting private property, adds to our enthusiasm for this project. Finally, the trail will be a fitting tribute to the men who toiled to build the railroad, all of them decades in their graves.
Baker City Herald Editorial Board
The debate spawned by a White Plains, N.Y., newspaper’s decision to publish an interactive map showing the addresses and names of people who have permits to own handguns couldn’t happen in Oregon.
There are two reasons.
First, Oregon law doesn’t require residents to get a permit merely to own a handgun.
Second, although Oregon law does require people to obtain a license if they want to carry a handgun in a concealed manner, the Legislature passed a bill last year — HB 4045 — that exempts permit records from the state’s public records law except in certain cases.
Put simply, if the Baker City Herald wanted to create a similar map of Baker County residents who have a concealed-carry permit, we couldn’t get the information.
We don’t much like HB 4045.
We think public records should be accessible by the public.
That said, we don’t consider the White Plains newspaper’s decision a sterling example of community-minded journalism.
Frankly we don’t see what purpose the interactive map serves other than to advance the misguided notion that pinpointing the location of legally owned handguns will somehow protect the public.
We’ve seen no compelling evidence to support this idea.
If a media outlet truly intends to help safeguard people, then its resources would be better spent putting together a map showing, to name two examples, the addresses of registered sex offenders and people who have been convicted of driving while intoxicated.
We’re not advocating such an effort. But it could at least be justified, in that drunk drivers and sex offenders have shown that they present a threat to the public. And that threat is more mobile, as it were, than an inanimate handgun.
Drunk drivers can kill you on the highway or on your own street or in the parking lot at the grocery store. Some sex offenders are literally predators, stalking victims wherever they can be found.
Reporting the number of handgun permits issued in a particular jurisdiction is a worthwhile enterprise that puts an important topic — the prevalence of certain guns — into geographic perspective.
But publishing the likely locations of those guns, as though they were landmines, seems to us an act of sensationalism rather than of well-considered journalism.
We weren’t naive enough to believe, much less to hope, that the first public statement from the National Rifle Association following the Newtown massacre would elevate the national debate about fatal mass shootings at schools.
Still and all, we are disappointed that this crucial discussion seems to be focusing on issues that not only are inherently polarizing, but that have little chance of making a meaningful difference in preventing future tragedies.
Surely no rational person expected that Wayne LaPierre, the NRA’s executive vice president, would stand at a lectern and announce that the organization was in favor of reinstituting the federal gun control laws that were in effect from 1994 until 2004.
Nonetheless, gun control advocates have not only decried LaPierre’s proposal to put armed guards in schools, but they’ve raised the volume on the debate to a shrill screaming match that gives us a collective headache.
Meanwhile, topics about which there is little argument seem to be getting short shrift.
One example is the effort to prevent people with mental health problems — pretty much a universal issue in mass shootings — from getting access to a gun.
The NRA doesn’t advocate that mentally ill people ought to have unfettered access to any gun, whether a semi-automatic rifle or a single-shot .22.
Nor does the organization oppose the widespread use of locked gun safes — gun safety, in fact, is a point of emphasis with the NRA.
Yet rather than concentrate on these areas of agreement — things that might help us to avoid future Newtowns — the publicity after LaPierre’s statement has much to do with criticizing his organization as tone-deaf on the issue of gun violence.
Yes, LaPierre’s suggestion to assign police to patrol public schools presents major, and possibly insurmountable, challenges, chief among financial ones.
Yet that’s no reason to dismiss the notion outright.
Almost all of us would agree, in a situation such as Sandy Hook Elementary, that having a trained officer with a gun present, were it to have any effect, would likely reduce the death toll rather than add to it.
That said, we would prefer that in future appearances LaPierre talk about ways to keep deranged people from getting guns, in addition to his polished speech about what to do with those people when they show up at school.