Dr. King’s Message of Love

January 20, 2015

Yesterday we celebrated Martin Luther King Day. We are still much too far from a post-racial society. For the big victories of the Civil Rights Movement, we think of Brown v. Board, and the Civil Rights Act of 1964, which the Rehnquist Court did its best to chip away, and the Voting Rights Act of 1965 which the Roberts Court is doing its best to tear up. There was another victory that I’d like to talk about, just a few years after Martin Luther King shared his dream at the Lincoln Memorial.

It often seems like a postscript to Dr. King’s legacy but was actually at its very core. When the NAACP planned its attack on school segregation, they started with graduate schools, racking up a string of victories so that any other decision in Brown would have flatly violated the teaching of a whole group of recent precedents abandoning separation in law school, medical school, graduate school in one state after another. But until Brown they didn’t touch grade school. They had concluded that grade school would be the most inflammatory and most difficult because of southern fear of what they called miscegenation, marriage between whites and Blacks. There was a sense in which worrying about marriage of kids in elementary school rather than adults in graduate school seemed backwards. But they understood the fear and went with it.

Fear of intermarriage was a very big deal with reason. Sociologists have been finding that one of the main ways Americans have been putting stereotypes and prejudices behind them has been intermarriage, not just Blacks and whites, but Jews and Christians, whites and Asians, different white ethnic groups, and now the marriage of gay or lesbian children of straight families, all of us to some degree have been marrying out of our ancestral groups, introducing our families and producing children who celebrate all sides of their heritage. Marriage and intermarriage matter.

Rabbis don’t like Jews to intermarry – they’re afraid to lose another Jew to the assimilated culture. When Jeanette and I married, it was hard to find a rabbi who’d marry us. There are a lot of mixed families in our Temple, creating the loving, open community we love.

In the 1950s Mildred Delores Jeter grew up down the road from Richard Loving in rural Virginia. Richard was a white bricklayer; Mildred a young Black girl. In that part of the state, Blacks and whites often socialized, but didn’t marry. Mildred and Richard weren’t thinking of Dr. King or making a racial statement. They just fell in love, married and wanted to raise a family together. For that they were arrested, jailed, convicted and kicked out of Virginia. They were together until, tragically, Richard was killed in a traffic accident nearly twenty years later.

The year Martin Luther King shared his great dream with us, Mildred wrote to U.S. Attorney General Robert Kennedy about their inability to visit family and friends in Virginia. Kennedy sent them to the ACLU whose lawyers brought their case to the U.S. Supreme Court. In 1967 the Warren Court gave us the historic decision of Loving v. Virginia, one of its great decisions, establishing the right to marry, and marry without discrimination.

That part of the Civil Rights Movement seems resilient and lasting – we keep meeting, befriending and learning to love each other. The world changes, though slowly. It has always seemed appropriate to me that they were Mildred and Richard Loving. Dr. King’s was a message of love; love needs to run this world.

— This commentary was broadcast on WAMC Northeast Report, January 20, 2014.


Schwerner, Chaney, Goodman and the Voting Rights Act

November 25, 2014

Yesterday, President Obama posthumously awarded the Presidential Medal of Freedom to James Chaney, Andrew Goodman and Michael Schwerner, a Black Mississippian and two white New Yorkers, murdered fifty years ago, working to register Blacks to vote in Mississippi. They were among many who lost their lives in that struggle.

Schwerner’s widow, Rita Schwerner Bender, said the best way to honor her husband “and all the others killed or injured in the struggle for voting rights and the dismantling of Jim Crow would be the reinstatement of the Voting Rights Act and its aggressive enforcement.”[1]

At the last hearings on renewal of the Voting Rights Act, witnesses made clear that efforts to rig the process against African-Americans continue unabated, moving polling places, changing district lines, reorganizing forms of government so that Blacks could still be excluded. Because the Voting Rights Act gave the United States Attorney General power to reject changes, those efforts had not succeeded.

In Shelby County v. Holder,[2] Justice Roberts used the Act’s success against it, saying it is no longer needed because the statistics are better. Pamela Karlan, a highly-respected Stanford Law professor, told Congress:

“ if you have a really bad infection and … the doctor … give[s] you a bunch of pills, and … tell[s] you, ‘Do not stop taking these pills the minute you feel better. Go through the entire course of treatment because, otherwise, the disease will come back in a more resistant form.’ … [T]he Voting Rights Act is strong medicine, but it needs to finish its course of treatment, and that has not yet happened … [as] you have heard from other witnesses. ”[3]

Those other witnesses made clear that the efforts to undo electoral integration continues almost unabated and would come roaring back if allowed. The Court stripped the pre-clearance provisions from the Voting Rights Act and the disease came roaring back just as Prof. Karlan predicted.

Should we care about African-American voters? Absolutely. Morally, they’re people like us. Democracy has no right over peoples denied the vote.

And for our own self-interest. Martin Niemöller said of the Nazis:

First they came for the Socialists, and I did not speak out—

Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—

Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out—

Because I was not a Jew.

Then they came for me—and there was no one left to speak for me.

 

As Bruce Bueno de Mesquita and his colleagues explain, the power of dictators is built on shrinking the number of people to whom he or she owes her power, and then rewarding those folk big-time.

You have no stake in southern white racist politics. If you’re Democrats, you have no stake in Republicans winning by excluding African-Americans. In Congress and state legislatures, people of good will are allies. We cannot win on the nonracial issues important to us if we allow our African-American fellow citizens to be excluded from the vote.

Those who wrote and ratified the Fourteenth and Fifteenth Amendments understood that having won the Civil War they could lose the peace if African-Americans could be prevented from voting in the former Confederate states.  We all have a stake in a society where all are represented because that is our chance for a just society in which government is not just of, by and for people who think they’re better than the rest of us.

— This commentary was broadcast on WAMC Northeast Report, November 25, 2014.

 

[1] Jerry Mitchell, Presidential medal to honor 3 slain civil rights workers, JOURNEY TO JUSTICE, The Clarion-Ledger, November 18, 2014, available at http://www.clarionledger.com/story/journeytojustice/2014/11/10/presidential-medal-of-freeom-given-three-slain-civil-rights-workers/18826791/, or http://on.thec-l.com/1ugJ0pp, visited Nov. 24, 2014.

[2] 133 S. Ct. 2612 (2013)

[3] Statement Of Pamela S. Karlan, in The Continuing Need For Section 5 Pre-Clearance, Hearing Before The Committee On The  Judiciary, United States Senate, One Hundred Ninth Congress, Second Session, May 16, 2006, Serial No. J–109–77, S. Hrg. 109–569, at 5.


Passover – The Indivisibility of Freedom

April 15, 2014

This is Passover, a holiday that comes straight out of the Bible, the Almighty commanding us to tell the story of the Exodus to each new generation as well as reminding ourselves. The Exodus, of course, is a story of freedom from slavery. The Biblical story is about the Hebrew exodus from slavery in Egypt. But we are very explicit about relating that story to the freedom of others. Read the rest of this entry »


The White House Butler

September 3, 2013

My wife and I went to see The Butler Saturday evening. There were important differences between the lives of the actual Butler, Eugene Allen, who served eight presidents, and Cecil Gaines, the butler in the film. But those differences actually got to larger truths it is worth thinking about.

In the film Cecil learns from the rape of his mother and the murder of his father what he has to do to survive in the white world. He creates a safe place for his family and is distraught when his son puts body and soul at risk in the Civil Rights Movement. That didn’t happen to Eugene Allen but it did happen to hordes of African-Americans in the South and many elsewhere. The demonstrators, trained to be peaceful and nonviolent, to take it without giving it back, were met with bombings, beatings, murders and jail. And their families were in anguish. Read the rest of this entry »


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