“The Courage Of Invisible Women”: The Consequences Of Forgetting Sybrina Fulton And Mamie Till
Sybrina Fulton, mother of Trayvon Martin, has been a textbook example of courage in the seventeen months since her youngest son was killed by George Zimmerman. Thrust into the public sphere during a time of great personal tragedy, Fulton has carried her pain with incredible poise. It was no different when she spoke before the National Urban League in Philadelphia this past Friday. She told the audience: “My message to you is please use my story, please use my tragedy, please use my broken heart to say to yourself, ’We cannot let this happen to anybody else’s child.’ ”
In that moment, she made the connection between herself and Mamie Till, mother of Emmett Till, the teen slain in 1955 for allegedly whistling at a woman, even stronger. Speaking on her decision to have an open casket at his funeral after her son’s face had been so badly beaten and disfigured he was unrecognizable, Mamie said: “I wanted the world to see what they did to my baby.” These mothers of black sons publicly asked us to use their pain to seek justice. However, the way we use that pain cannot diminish the reality of the people who live with it. By which I mean, we have a bad habit of acting as if black women exist only as props in the story about black men and it’s time to stop.
Black women’s pain fuels but then becomes obscured in the popular narrative about the consequences of racism and the fight for racial justice, as it becomes framed through the experiences of black men. All of us who do work around these issues are guilty of this oversight, myself included. In our attempts to address the problem of anti-black racism in the US, we neglect to consider the experiences of black women as part of that story.
While the Congressional Black Caucus convened a meeting to discuss the plight of black men and boys, black women and girls who suffer under the same systems of oppression being discussed as problematic for our boys have been left out of the public discourse. We talk often of the criminalization of black boys, and point to the school-to-prison pipeline as an example, but fail to mention the ways it affects black girls, as Monique W. Morris laid out in her report for African American Policy Forum in March of this year. According to Morris: “Black women and girls continue to be over-represented among those who are in contact with the criminal and juvenile justice systems. Black girls continue to experience some of the highest rates of residential detention. Black girls represent the fastest-growing segment of the juvenile justice population, and they have experienced the most dramatic rise in middle school suspension rates in recent years.” Yet, the problem continues to be framed as a nearly exclusive to black men and boys.
The same is true of New York City’s stop-and-frisk policy. While it’s true that the policy disproportionately targets black men, black women are also subjected to these supposedly random searches whose constitutionality has been challenged. Additonally, according to The New York Times, “stops of women by male officers can often involve an additional element of embarrassment and perhaps sexual intimidation.”
At times like this, it’s important to remind ourselves of our history. As Danielle L. McGuire expertly documented in her 2010 book At the Dark End of the Street, one of the major catalysts of the civil rights movement of the 1950s and ’60s was the dehumanization experienced by black women. The bus boycotts began because of the physical threat and sexual terror heaped upon black women’s bodies, in addition to having to ride in the back. And while a young Martin Luther King Jr. grabbed the headlines, it was a great number of black women paying the day-to-day price of movement building, organizing and doing field work, only to have their contributions minimized in favor of a “great man” reading of history.
Writing for The Guardian, Jamila Aisha Brown put it this way: “The victimization of young women is subsumed into a general well of black pain that is largely defined by the struggles of African-American men. As a result, any insight about this important intersection of race and gender is lost under the umbrella of a collective sense of persecution.”
The stories of black men are important, but they are not a stand-in for the stories of all black people. We can’t continue using the pain of black women’s lives to explain our existence if we are then going to pretend that pain isn’t worth examining on its own. We dishonor the courage of the Mamies and Sybrinas of the world when we do.
By: Mychal Denzel Smith, The Nation, August 1, 2013
“More Money, Less Voting”: North Carolina Passes The Country’s Worst Voter Suppression Law
I’ve been in Texas this week researching the history of the Voting Rights Act at the LBJ Library. As I’ve been studying how the landmark civil rights law transformed American democracy, I’ve also been closely following how Republicans in North Carolina—parts of which were originally covered by the VRA in 1965—have made a mockery of the law and its prohibition on voting discrimination.
Late last night, the North Carolina legislature passed the country’s worst voter suppression law after only three days of debate. Rick Hasen of Election Law Blog called it “the most sweeping anti-voter law in at least decades” The bill mandates strict voter ID to cast a ballot (no student IDs, no public employee IDs, etc.), even though 318,000 registered voters lack the narrow forms of acceptable ID according to the state’s own numbers and there have been no recorded prosecutions of voter impersonation in the past decade. The bill cuts the number of early voting days by a week, even though 56 percent of North Carolinians voted early in 2012. The bill eliminates same-day voter registration during the early voting period, even though 96,000 people used it during the general election in 2012 and states that have adopted the convenient reform have the highest voter turnout in the country. African-Americans are 23 percent of registered voters in the state, but made up 28 percent of early voters in 2012, 33 percent of those who used same-day registration and 34 percent of those without state-issued ID.
And that’s just the start of it. In short, the bill eliminates practically everything that encourages people to vote in North Carolina, replaced by unnecessary and burdensome new restrictions. At the same time, the bill expands the influence of unregulated corporate influence in state elections. Just what our democracy needs—more money and less voting!
“I want you to understand what this bill means to people,” said Representative Mickey Michaux (D-Durham), the longest-serving member of the North Carolina House and a veteran of the civil rights movement who grew up in the Jim Crow South. “We have fought for, died for and struggled for our right to vote. You can take these 57 pages of abomination and confine them to the streets of Hell for all eternity.”
Here are the details of everything bad about the ball, via North Carolina Policy Watch. It’s a very long list:
The end of pre-registration for 16 & 17 year olds
A ban on paid voter registration drives
Elimination of same day voter registration
A provision allowing voters to be challenged by any registered voter of the county in which they vote rather than just their precinct
A week sliced off Early Voting
Elimination of straight party ticket voting
A provision making the state’s presidential primary date a function of the primary date in South Carolina
A provision calling for a study (rather than a mandate) of electronic candidate filing
An increase in the maximum campaign contribution to $5,000 (the limit will continue to increase every two years with the Consumer Price Index from the Bureau of Labor Statistics)
A provision weakening disclosure requirements for ”independent expenditure” committees
Authorization of vigilante poll observers, lots of them, with expanded range of interference
An expansion of the scope of who may examine registration records and challenge voters
A repeal of out-of-precinct voting
A repeal of the current mandate for high-school registration drives
Elimination of flexibility in opening early voting sites at different hours within a county
A provision making it more difficult to add satellite polling sites for the elderly or voters with disabilities
New limits on who can assist a voter adjudicated to be incompetent by court
The repeal of three public financing programs
The repeal of disclosure requirements under “candidate specific communications.”
“We will see long lines, many citizens turned away and not allowed to vote, more provisional ballots cast but many fewer counting, vigilante observers at the polling place and all disproportionately impacting black voters,” says Anita Earls, executive director of the Durham-based Southern Coalition for Social Justice and a former deputy assistant attorney general for civil rights in the Clinton administration. “This new law revives everything we have fought against for the past ten years and eliminates everything we fought for.”
The legislation should be a wake-up call for Congress to get serious about resurrecting the Voting Rights Act and passing federal election reform. Six Southern states have passed or implemented new voting restrictions since the Supreme Court’s decision last month invalidating Section 4 of the VRA, which will go down in history as one of the worst rulings in the past century. Voting rights groups (and perhaps the federal government) will soon challenge at least some of the new restrictions through a preliminary injunction, others sections of the VRA, or the state constitution. But if Section 5 of the VRA was still operable, North Carolina would have to clear all of these changes with the federal government and prove they are not discriminatory—practically herculean task given the facts. The new law would’ve been blocked or tempered as a result. Instead, the North Carolina legislature interpreted the Court’s decision as a green light for voter suppression, which it was, and made the bill as draconian as possible.
Move aside Florida, North Carolina is now the new poster child for voter suppression. The Moral Monday movement in the state is now more important than ever. Maybe someday we’ll look back at this period as the turning point when the nation realized just how important the Voting Rights Act was and is.
By: Ari Berman, The Nation, July 26, 2013
“The Unraveling Of A Dream”: The Decisions Of The Past Quarter Century Have Severely Weakened Civil Rights Laws
The sign I carried at the March on Washington said: “March on Washington for Jobs and Freedom.” I had just graduated from the University of Minnesota and was an intern at the State Department. A half century has not dulled the memory of that hot, muggy, August day. The civil rights movement had become a mighty river, and the vast, peaceful, exuberant crowd seemed to signify a new chapter in the American story. I did not know then that I would spend the next half century working on the dreams described that day, and that most of the time, it would be in the face of strong resistance.
Racial change was accelerating rapidly for the first time in the twentieth century. Before his assassination, President Kennedy had called for the most substantial civil rights law in 90 years. After, President Johnson embraced the cause and masterfully moved the Civil Rights Act through Congress. It was a time of immense possibilities and great accomplishments. But the people who spoke that August at the Lincoln Memorial were veterans of hard, long fights for racial justice and knew that no march or speech or even the laws that followed in the next years could eradicate all the institutions, practices, beliefs and fears that sustained inequality.
In the months and years that followed, urban riots, the black power movement’s repudiation of King’s dream, the corrosive impact of the Vietnam War on the Democratic coalition, and the Republican surge in midterm elections showed that change was going to be very tough. Politics were shifting from expansion of civil rights to rhetoric promising harsh action against “crime in the streets.”
Five years after the exuberant March, Martin Luther King was dead, and President Johnson, whose civil rights record was unequalled, had lost his own party’s support. His opponent in the 1968 election, Richard Nixon, shifted the party of Lincoln to embrace a “southern strategy” which opposed urban school desegregation, called for limiting voting rights regulation, promised to stop “activist” courts, and began to remake the GOP into a party whose strongest base would be in the resistant white South.
For civil rights workers, there were some amazing accomplishments as many pillars of the Southern system of state-supported apartheid fell and groups of historically excluded voters became part of a more democratic society. But there were also deep disappointments as the agenda of the Southern segregationist movement began to influence national politics, civil rights reform faltered in the north, the jobs agenda was not addressed, and the courts and agencies charged with implementing change were turned over to skeptics and opponents. There would not be another progressive appointed to the Supreme Court for 25 years, and the Court, reconstructed by conservative appointments, became an enemy of racial progress.
The last major civil rights act was passed 45 years ago. The growth of civil rights in the courts ended nearly four decades ago, and serious reversals began in the late 1980s. Whites now see a black president and some people of color living in white suburbs and assume that civil rights reforms are no longer necessary. The obvious inequalities that clearly still exist in poverty, incarceration, educational attainment, wealth and other major aspects of society are seen by most not as discrimination that justifies more civil rights change, but as problems that can be blamed on minority communities for failing to take advantage of opportunities, and on the teachers and others who work with communities of color.
The reality is that in a number of very critical dimensions of civil rights there are large and growing gaps that have often been perpetuated or even deepened by the conservative policies that were supposed to work in what they defined as a post-racial society. School segregation has now been increasing for almost a quarter century. Access to college degrees has become significantly more unequal, at a time when those degrees have become even more critical in shaping the destiny of young people. Incarceration of young men of color has soared and investment in giving them a real second chance has shriveled. Wealth, long extremely unequal, has become more so, in part as a result of the housing crisis that was worst for families of color. Mobility is declining as the public sector and major industry, which were more favorable to minorities, have declined. We have gone through the most dreadful economic reversal in 80 years with no large vision of social and economic change.
In celebrating the March on Washington we usually communicate exactly the wrong lessons. Students recite the “I Have a Dream” speech as if the speech solved the problem of discrimination and made the nation fair. The truth is that the March didn’t win any rights. Decades of civil rights struggles and political battles broke the back of Southern apartheid, but there never was any similar sweeping victory against the northern and western forms of discrimination. Government has been in control of opponents of King’s dream most of the time since his assassination. We celebrate Brown and the great civil rights decisions, but the public knows virtually nothing about the major decisions of the past quarter century that have severely weakened civil rights laws, authorizing a return to segregated schools and discriminatory local election restrictions. We don’t talk about the disappearance of the war on poverty, the federal jobs program, and most of the programs meant to fix and rejuvenate our cities. There is no serious national discussion about the incredible gaps by race or the truly devastating impact of imprisonment jobless young men. There is no serious discussion about how to help collapsing central cities which have now often been left to poor black and Latino families where government intervenes only to protect bondholders as city institutions collapse.
We have to get serious about facing the realities of our time, as the marchers who came to Washington did a half century ago. We need a new dream for this century, a new social movement, and new tools to transform a polarized and divided society into an equitable multiracial community.
By: Gary Orfield , The Civil Rights Project at UCLA, Published in Moyers and Company, July 24 July
“A Frightening Step Backwards”: What “Conservatives Gone Wild” Looks Like In North Carolina
Guest host Ezra Klein noted on the show last night that some key legislative fights were “down to the wire” in North Carolina, as the state legislative session neared its adjournment. After the show aired, there were some important developments, so let’s take a moment to recap — and explain why this matters in the larger context.
First up are the most sweeping voter-suppression efforts seen anywhere in the United States in generations, which, much to the disappointment of voting-rights advocates, garnered the support of literally every member of the Republican majority in both chambers, who voted to keep more North Carolinians from being able to participate in their own democracy.
As lawmakers rushed to adjourn for the summer, lawmakers gave final approval Thursday to drastic changes in how voting will be conducted in future elections in North Carolina.
After more than two-and-a-half hours of debate, the House voted 73-41 on party lines late Thursday to agree with dozens of changes made by Senate Republicans to a bill that originally simply required voters to show photo identification at the polls. It was approved by the Senate earlier Thursday, 33-14, also on party lines.
As we’ve discussed, the proposal is remarkable in its scope, including a needlessly discriminatory voter-ID provision, new limits on early voting, blocks on voter-registration drive, restrictions on extended voting times to ease long lines, an end to same-day registration, new efforts to discourage youth voting, and expanded opportunities for “vigilante poll-watchers to challenge eligible voters.”
How many North Carolina Republican lawmakers supported these suppression tactics for no apparent reason? Each and every one of them.
State Rep. Mickey Michaux (D-N.C.), who fought for voting rights in the 1960s, told the GOP majority, “I want you to understand what this bill means to people. We have fought for, died for and struggled for our right to vote. You can take these 57 pages of abomination and confine them to the streets of hell for all eternity.”
And then, of course, there are the new limits on reproductive rights.
Late last night, they were approved, too.
The state Senate has given final legislative approval to a bill that imposes new regulations and restrictions on abortion providers.
Senators voted 32-13 Thursday evening, sending the measure to Gov. Pat McCrory, a Republican who has said he will sign the measure as it was passed.
For his part, the Republican governor, just six months into his first term, promised voters as a candidate last year that he would oppose any new restrictions on women’s reproductive rights in the state. Now, however, McCrory is prepared to sign this bill anyway — his public vow apparently came with fine print that voters might have missed
The result is a new regulatory measure, known as a TRAP law, that will likely close 15 of the 16 clinics where abortion services are provided.
Let’s also not lose sight of the context for this radicalism. For the first time since the Reconstruction era, Republicans control the state House, state Senate, and governor’s office, and as we recently talked about, GOP officials had an opportunity to govern modestly and responsibly, making incremental changes with an eye on the political mainstream.
What the state has instead seen is what Rachel described as “conservatives gone wild.” North Carolina Republicans gutted unemployment benefits despite a weak economy; they imposed the most sweeping voting restrictions anywhere in the United States; they cut funding for struggling public schools; they blocked Medicaid expansion despite the toll it will take on the state hospitals and poor families, they repealed the Racial Justice Act; and then they closed nearly every women’s health clinic in the state.
And really, that’s just a partial list.
It’s a microcosm of a national political crisis of sorts — North Carolina, a competitive state perceived as a burgeoning powerhouse with some of the nation’s finest universities, became frustrated with a struggling economy, so it took a chance on Republican rule. The consequences of this gamble are proving to be a frightening step backward for the state.
By: Steve Benen, The Maddow Blog, July 26, 2013
“Side Door To Voting Rights Pre-Clearance”: The Next Best Way To Enforce The Voting Rights Act
I mentioned this briefly at Lunch Buffet, but because the story will be with us for a while, let me quote from Lyle Denniston’s explanation at SCOTUSblog of Eric Holder’s strategy for re-establishing a preclearance requirement for states engaged in repetitive and egregious voting rights violations in the wake of the Supreme Court’s Shelby County v. Holder decision:
The preclearance provision is contained in Section 5 of the Voting Rights Act. It has been widely considered to be the government’s most effective legal weapon against race bias in elections, because it requires states and local governments with a past history of racial discimination in voting to get official permission in Washington before they may put into effect any change, however small, in voting laws or procedures.
The 1965 law provided two ways to impose a Section 5 obligation on a state or local government. One was a virtually automatic formula, contained in Section 4 of the law. If a state or local government had a sustained history of racial bias in its voting patterns in the past, that triggered a coverage formula that led directly to a Section 5 preclearance obligation. Preclearance can be sought either from the Justice Department or from a three-judge District Court in Washington.
The second way to get a state or local government put under a preclearance duty is the 1965 law’s Section 3 — the one that the Attorney General said the government will now be invoking. If a state or local government is found to have recently engaged in intentional race bias in voting, a court has the power to impose the preclearance duty on that jurisdiction for a set period of time. It is not an automatic method, in contrast to the coverage formula in Section 4.
While the Supreme Court in the Shelby County ruling did not disturb Section 5 and the preclearance requirement, it did strike down the Section 4 coverage formula. That has been the quickest and most effective way to lead to Section 5 preclearance. The Court’s majority ruled that the coverage formula was seriously out of date, and could no longer be used to trigger Section 5 for any state or local government anywhere in the country.
The Shelby County decision did not disturb Section 3 as a separate way to bring about a preclearance duty. That is why advocacy groups — and now the Obama administration — are turning to Section 3 as the next-best way to enforce the 1965 law through preclearance.
The immediate effort will be focused on Texas, thanks to past court findings of intentional discrimination. But challenges to new voting rules and districting decisions elsewhere–most notably those in North Carolina, which are setting a kind of Gold Standard for voter dilution and repression–could well be next, particularly if the Texas litigation is successful.
BTW, I’d like to note that Lyle Denniston is 81 years old. The clarity and comprehensiveness of Denniston’s writing gives this old goat hope for a journalistic second wind that lasts a while.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, July 25, 2013
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