What is ‘merit’ after gender-balance law repeal?

If you read a guest essay in the Des Moines Register on April 4, you might think that Charles Hurley with The Family Leader is a civil rights hero. Not so fast. Hurley is no such hero — in fact, the efforts of Hurley and The Family Leader have been steadfast in their desire to deny LGBTQ+ Iowans of their civil rights, including the right to marry, and the recently passed “religious freedom” law that opponents believe is a license to discriminate against the LGBTQ+ community and more. The group’s opposition to safe, legal abortion for women is also seen as a civil rights issue by many.

The essay is titled “Iowa gender balance law’s repeal ends unconsitutional discrimination in public service.” The hagiography was written by Jeffrey Jennings and Kileen Lindgren with the law firm that represented Hurley when he sued the state because he wasn’t appointed to the Judicial Nominating Committee because of his gender. Of course, he did what many of the privileged class do when they don’t get what they want: They sue.

Iowa’s gender balance law was put into effect in the 1980s to increase the number of women on state commissions and boards and was made effective for local governments in 2009. There were no penalties for non-compliance, but it worked. Women make up about 48% of the representatives on state boards and commissions.

The authors make the case that “merit” should be the main consideration in making appointments as if “merit” is something that can be objectively measured rather than the abstract social construct it is. To me, Hurley seems well qualified for the Judicial Nominating Committee position he wanted, but the authors suggest that part of his qualifications include that he “is a devoted father and grandfather who spent the past 40 years as an attorney, public representative, and active church member.” What about a brilliant, young rockstar woman attorney who is a single mom who is Hindu? Is she less qualified? I think not. Sorry to say, but as one, being a grandfather is a pretty weak qualification to be on a board or commission.

Besides, as a retired reporter, I’ve covered city council meetings and board of supervisors meetings in seven counties for nearly 20 years, and I’ve been in on the deliberations where a Black man or a white woman has been the most qualified applicant for the job, yet they aren’t hired because “they aren’t right for the community.” A pastor friend tells me the same thing happens across the state in churches.

Without objective measures, merit is a social construct that often keeps the privileged and those like them in power.

And there’s oodles of hypocrisy here. Look at the board of directors of The Family Leader, where their eight-member board has only one woman. Hurley and the rest of the leadership might try to convince us that all those old white guys and one woman gained their positions on the board solely on “merit,” but I doubt we would believe them.