“Freedom To Discriminate”: We’ve Been Here Before; “No Negroes, No Mexicans, No Dogs Allowed”
In 1942, with the United States newly entered into the Second World War, the Lonestar Restaurant Association in Texas printed flyers for its members to paste on their windows that read: “No Negroes, Mexicans or Dogs Allowed.”That iconic and painful reminder of America’s history of discrimination came to mind in recent days as I listened to Indiana Governor Mike Pence struggle through a mind-numbingly contorted defense of his state’s recently enacted Religious Freedom Restoration Law. Let’s be clear that what Gov. Pence singed into law has little to do with religious liberty and a lot to do with the desire to discriminate against entire sectors of our society but especially gay, lesbian, bisexual and transgendered Americans. We’ve been here before.
In the ’40s and ’50s, as the civil rights movements in Black and Latino communities gathered steam and pushed against the barriers of public and private racism and discrimination, some state governments and businesses responded by claiming that desegregation was an attack on their freedom to choose with whom to share classrooms, bathrooms, restaurants, train stations and the like. In short, they equated their freedom to discriminate with other Americans’ claims to equality. Looking back, we can take great comfort and pride that when faced with this false choice, Americans almost always chose equality.
Yet the battle for equality isn’t over; it never is. This time, the targets of discrimination are gay, lesbian, bisexual and transgender Americans. This time, the discrimination cloaks itself in the mantle of religious liberty and “freedom of conscience.” This time, the forces of discrimination have cast themselves as a persecuted minority, fending off attacks against their most sacred religious values. Nonsense. No law in this country compels a religious person to act against their religious values and ideals. No law compels that churches or mosques celebrate marriages for gays and lesbians. No law compels a rabbi, pastor or imam to give a religious benediction to homosexuality.
What the law does compel, however, is that one not discriminate in business or in government against a person for their appearance, their nationality, their color, their creed, and, yes, their sexual orientation. That’s not an attack against religious liberty; it’s a defense of American values.
For many Latinos across the country, gay and straight, this Indiana law and its companion in Arkansas, are a painful reminder of our own struggle for equality in the United States. When we see what is happening in Indiana and Arkansas and other states across the country, we recognize the discrimination because we have been and are still its targets. We see it today with attempts to pass anti-immigrant laws in Arizona, Alabama, Pennsylvania and elsewhere. And because of these historic and ongoing struggles, we cannot be silent in the face of these deeply un-American acts. We will not be silent.
The defenders of discrimination and bigotry may control many statehouses and governor’s mansions in this country, but they’re on the wrong side of history. Americans of good conscience will always rise up in defense of equality. We know. We’ve been here before.
By: Jose Calderon, President of the Hispanic Federation; The Blog, The Huffington Post, March 3, 2015
“The Ballad Of Lester Maddox”: Supporters Of Discrimination Have Always Cloaked Their Views In Appeals To Personal Liberty
Once upon a time, a restaurant owner refused to serve people who were different. He said he did so in the name of freedom, not discrimination.
The time was 1964, the place was Georgia, and the man was Lester Maddox. He was the owner of The Pickrick restaurant and one July day he chased out three black patrons, waving a pistol. This made him something of a local celebrity and a national symbol of resistance to the big government imposition of civil rights. But he always insisted that he was not motivated by racism but simply defending the rights of private property and his personal beliefs.
“This property belongs to me—and I’ll throw out a white one, a black one, a red-headed one or a bald headed one. It doesn’t make any difference to me.”
Maddox became a hero to conservative populists—most of whom were Democrats at that time in the South, because of a hangover from the Civil War a century before—and he rode the wave of resistance to desegregation all the way to the Governor’s mansion two years later.
“History doesn’t repeat, but sometimes it rhymes,” Mark Twain allegedly said. And there are no perfect parallels between Lester Maddox and the florists, bakers and other small business owners who have been invoked as a reason to protect the religious liberties of those who could legally refuse to serve gay and lesbian weddings. But amid a national debate about gay civil rights a half-century later, as we fitfully evolve toward the promise of a more perfect union, it is useful to listen for echoes of old arguments because they can clarify our current conversations.
We’ve had an age-old argument in our nation between the powers of the federal government and states’ rights. It goes back to the ratification of the Constitution (ironic, because many of the states’ rights advocates since have presented themselves as the purest defenders of the constitution) and found expression in the heated debates between John C. Calhoun and Daniel Webster, and Jefferson Davis and Abraham Lincoln that ultimately exploded into civil war. The arguments resurfaced again in the 1960s over civil rights and desegregation. And so it goes.
But the de facto defenders of slavery and segregation rarely framed their arguments as endorsements of inequality. Instead, their argument was often uplifted, framed as a defense of lofty ideals. Sometimes these were rooted in theological objections—defense of slavery and defense of segregation was at one point imbued with the hue of religious belief. But more often it was framed as a fight between individual liberty and government tyranny, with no irony intended.
George Wallace, the conservative populist Democratic Governor of Alabama who heatedly defended segregation was a case in point. He famously thundered in his inaugural address that “It is very appropriate that from this cradle of the Confederacy, this very heart of the great Anglo-Saxon Southland, that today we sound the drum for freedom as have our generations of forebears before us time and again down through history… In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever.”
But he also made more subtle arguments against civil rights, rooted in private property: “This civil rights bill will wind up putting a homeowner in jail because he doesn’t sell his home to someone that some bureaucrat thinks he ought to sell it to.”
And yet he insisted, “I never made a statement in my political life that reflects on a man’s race… my only interest is in the restoration of local government.”
Apple CEO Tim Cook grew up in George Wallace’s Alabama and as he wrote this week in The Washington Post, “I remember what it was like to grow up in the South in the 1960s and 1970s. Discrimination isn’t something that’s easy to oppose. It doesn’t always stare you in the face. It moves in the shadows. And sometimes it shrouds itself within the very laws meant to protect us.”
It’s this “shroud” line that’s most relevant here. Even old Lester Maddox, looking back on his life in a 1975 memoir, reflected that “I knew then, as I know now, that I was trying to protect not only the rights of Lester Maddox, but every citizen, including the three men I chased off the property.”
This seductive self-justification doubles as self-deception. It’s a trope that tied libertarians up in knots for decades, trying to mediate their own twin imperatives of property rights and individual liberty. But time has made those choices clearer, as conservatives celebrate the now self-evident moral clarity of Martin Luther King, who declared that he was “embarrassed” when Maddox was elected Governor. This was understandable, given that Maddox called desegregation “ungodly, un-Christian and un-American.”
Maddox, if he is remembered today, is perhaps best known as a refrain in the ‘70s-era satirical Randy Newman song “Rednecks,” which proclaims, “well, he may be a fool, but he’s our fool, and if you think that you’re better than him you’re wrong.” The song goes on to jab at the hypocrisy of self-righteous northern critics who denounce the South while ignoring the segregation that hides under their own noses in cities like New York, Chicago and Boston. But as with all satire, the song contains a serious point that echoes on today: when conservative populism rears its head, liberals often make divisions worse by denying the respective humanity and individuality of the people with whom they disagree, compounding resentments that can turn into political backlash that endures for decades.
What’s sinister is the Orwellian mislabeling of the impulses behind resistance to civil rights progress that aims to ensure equal protection as a defense of liberty. And while it’s become fashionable for conservatives to honor Martin Luther King and venerate past civil rights fights, it’s nothing more than an attempt to benefit from historical amnesia unless they are willing to apply those lessons to present day debates. That means respecting the core conservative value of individual freedom in reality rather than just rhetoric.
In the Ballad of Lester Maddox, the lyrics change but the melody remains the same. It echoes across the decades, age-old arguments where freedom to discriminate becomes the emotional litmus-test of liberty. Direct parallels may miss the point, but ignoring these echoes blinds us from the ability to see current events in light of history and to anticipate what arguments will look like generations from now.
By: John Avlon, The Daily Beast, March 31, 2015
“Naked Bibi”: In The Animal Kingdom, There Is No Creature More Dangerous Than A Panicking Politician
In the lead up to Israel’s March 17th election, Prime Minister Benjamin (Bibi) Netanyahu, fearful that he might lose his reelection bid, threw caution to the wind making blatant appeals to scare voters into returning him to office. He did so not caring who he alienated or what might be the consequences of his behavior. I have always argued that in the animal kingdom there is no creature more dangerous than a panicking politician and, in the last few days, Bibi was one such creature.
The day before votes were cast, Netanyahu gave a series of interviews to friendly media outlets developing themes that preyed on Israeli fears: of Palestinians, of “foreign conspiracies”, and of Israel’s own Arab citizens. He charged, for example, that if his opponents won they would submit to the pressures of the international community leading to the creation of “Hamastan B” in Jerusalem. In another interview he said, “…anyone who moves to establish a Palestinian State and evacuate territory, gives territory away to radical Islamists”. And when asked if that meant he was backing away from his 2009 pledge to support a two-state solution, Netanyahu responded “Indeed”.
He further charged that “the governments of Western Europe…are funding the campaign that is designed to oust me from power”. And he claimed that “there is a massive effort, with tens of millions of dollars…to mobilize the Arab vote…to support Herzog…it’s a massive effort…some governments are involved”.
He tied many of these themes together by race-baiting Israel’s Arab citizens warning that “[if Labor wins] Herzog and Livni will become the prime ministers…with the backing of the Arabs…causing a monumental shift in policy that will endanger the security of Israel”. And on the day of the election, in a final panicked appeal to supporters, he warned “Arab voters are coming out in droves to the polls. Left-wing organizations are busing them in”.
This was the honest Netanyahu, stripped of any veneer–not the one who once feigned support for peace or who begrudgingly pledged support for the idea of a Palestinian State. And this was the Bibi who won.
This was the same Netanyahu who once greeted the Oslo Accords with a campaign to discredit Yitzak Rabin in Israel and by teaming up with Newt Gingrich (then Republican Speaker of the Congress) to stymie the Clinton Administration’s efforts in Washington. This was the Netanyahu who was elected in 1996 on a platform committed to ending Oslo, and then acted on his commitment by, in effect, burying the peace process. And this was the same Netanyahu who, when pressured by the West, presented himself as a leader who wanted nothing more than peace, while he pursued policies that only further humiliated and provoked Palestinians, at the same time weakening and discrediting their leadership.
But Netanyahu is also a wily maneuverer. When pressed by President Clinton to sign an agreement with the Palestinians, he did. Upon returning to Israel, however, he did nothing to implement that agreement and, in fact, acted to sabotage it. Similarly, when he was pressed by President Obama, he stated his support for a “two-state solution”, but then added caveats that made mockery of this support.
In his last two governments, Netanyahu sought to hide his naked contempt for peace by adding to his coalition individuals who could provide political cover. Ehud Barak and Tzipi Livni were known figures in the West, and Netanyahu cleverly used them to shield his government from criticism, while he aggressively pursued his anti-peace, settlement expansion agenda.
Now the cover is gone and Bibi stands naked before the world. He made clear his rejection of the two state solution and his contempt for the Arab citizens of Israel. And he won.
Now Netanyahu must govern. He has just enough votes on the far right to form a coalition government that can pursue his anti-peace, anti-Arab agenda. His coalition will include Avigdor Lieberman who recently said that Israel “needs to pick up an axe and cut off the head” of any Israeli Arab “who is against us”, and Naftali Bennett who said that Palestinians were like “shrapnel in your rear end” and pledged that “I will do everything in my power to make sure they never get a state”.
Netanyahu knows that this collection of like-minded bigots will only damage Israel’s relations with the West. And so just a few days ago, when faced with international outrage over his pre-election comments, Netanyahu once again attempted to cover his nakedness by denying that he had actually backed away from support for a two-state solution. What he may also do in an effort to hide his government’s racism is to lure one of the opposition parties into his coalition in order to give his government the veneer of respectability. He will make emotional appeals to national unity and call on his would-be “partners” to do their patriotic duty by joining with him to face the grave threats confronting their country. The question is will any of them fall for such a transparent ploy and agree to serve as Bibi’s newest stooge.
Looking at the polls in Israel, it was clear that the center-left never had much hope of forming a stable government. In the best case scenario, they could have only secured the 61+ seats they needed by relying on the strength of the Arab’s Joint List. This would have left them open to the same racist charge that Netanyahu and Sharon used against Rabin in 1993–that his decisions never had the support of a “Jewish majority”. This paralyzed Rabin and would likely have had the same impact on Herzog and Livni, neither of whom would have had the strength to take on the militant far-right and the massive armed settler movement.
The bottom line is that Israelis succumbed to Bibi’s race-baiting and fear-mongering and elected the government they wanted. It is as if George Wallace had won the US Presidency in 1972. The mask is off. The “peace process” is dead. What will the West do in response? Will they buy Bibi’s act one more time, or will they call his bluff and use the pressure they have long been hesitant to use? Captive Palestinians losing all hope while living under a brutal and humiliating occupation will not wait long for an answer.
By: James Zogby, President, Arab American Institute; The Blog, The Huffington Post, March 2015
“A Cycle Repeated On Other Campuses”: Racism In Greek Life Didn’t Start At The University Of Oklahoma, Or Sigma Alpha Epsilon
That shaky clip taken on a fraternity party bus at the University of Oklahoma ignited national nausea. It was something about the glee with which the young men, in formalwear, toss off the word “nigger” and the phrase “hang him from a tree,” the way the young woman blithely claps along. The video portrays a cavalier, virulent racism among the educated and privileged that some people like to pretend is extinct.
But while the words and images were shocking, it shouldn’t come as a surprise that racism has been uncovered anew at an American fraternity, given the number of incidents that have occurred at them in the past. In response to the University of Oklahoma incident, one of the school’s prized football recruits, an offensive lineman named Jean Delance, chose to rescind his acceptance. But at the University of Alabama, where Delance could wind up playing, the Kappa Alpha Order, until recently, held an “Old South” parade every year, replete with Confederate flags. The event was called off in 2010, after the previous year’s procession came to a halt in front of a historically black sorority during their 35th anniversary celebration. Of course, the reason black fraternities and sororities exist in the first place is that the white institutions would not accept students of color. As recently as 2013, there were at least four sororities at the University of Alabama that accepted no black women, according to an article in the school’s newspaper.
And a fraternity or sorority doesn’t have to have any ties to the South in order for its members to participate in behavior that is racist at worst and hurtful at best. In 1998, Dartmouth College’s chapters of Chi Gamma Epsilon (a sorority) and Alpha Xi Delta sponsored a “Ghetto Party” and made national headlines after attendees showed up wearing afros and carrying fake guns. Students protested and the groups apologized, but the story drew ample notice after the New York Times got wind of it. 1998 may seem to be ancient history—but it happened again in 2013, when two other Greek organizations co-hosted a “Bloods and Crips” event. Students came dressed much the same way as their forebears had, attracted national outrage and gave the same swift apology. Dartmouth has since banned Greek life and hard alcohol on its campus, primarily for safety reasons.
It’s a cycle that’s been repeated on other campuses. At Penn State in 2012, a chapter of Chi Omega took a picture of its members decked out in Mexican-themed costumes. The women wore sombreros, ponchos and fake mustaches. Two held signs. One said, “Will mow lawn for weed + beer,” while the other said “I don’t cut grass I smoke it.” Once again, students were predictably offended, the story hit Gawker, and the sorority members quickly apologized.
It would seem there are two kinds of racism at fraternities and sororities, both ingrained. There’s the historical kind, like the “Old South” parade, and the active discrimination against black members. Then there’s the casual wielding of cultural stereotypes, like the theme parties, which reveals prejudice in an almost childlike form. Perhaps there’s a thrill that accompanies such alcohol-fueled transgressions, and the sense of belonging in an exclusive group outweighs compassion. The ugliness, whether about women or nerds or minority groups, is part of the point, and it can, to outsiders, sometimes seem like a fundamental function of Greek life.
The Oklahoma incident straddles both kinds of racism. There’s the history, and the lily-white membership, and there’s the in-group disregard for others. There, on that enclosed bus, those men (and a few women) felt as if they were in an environment in which they could sing that racist and seemingly longstanding fraternity cheer, crossing a line they must have known was there, without fear of consequences. It’s not the first time there’s been photographic documentation of racism in a Greek organization. It’s just the first time it has been illustrated so clearly.
By: Ali Elkin, Bloomberg Politics, March 13, 2015
“Those Bad Things Are Gone Now”: How The Supreme Court Is About To Explode America’s Racial Wealth Gap
When discussing race, the conservative argument is best expressed by the famous words of Chief Justice John Roberts: “The best way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Translation: America has done bad things in its history, but those bad things are gone now, so we should move past those horrors and look forward.
Conservatives believe that if blacks and Latinos simply work hard, get a good education and earn a good income, historical racial wealth gaps will disappear. The problem is that this sentiment ignores the ways that race continues to affect Americans today. A new report from Demos and Brandeis University, “The Racial Wealth Gap: Why Policy Matters,” makes this point strongly. The report shows that focusing on education alone will do little to reduce racial wealth gaps for households at the median, and that the Supreme Court, through upcoming decisions, could soon make the wealth gap explode.
Wealth is the whole of an individual’s accumulated assets, not the amount of money they make each year. As such, in his recent book, “The Son Also Rises,” Gregory Clark finds that the residual benefits of wealth remain for 10 to 15 generations. To understand why that matters, consider the fact that Loretta Lynch, Obama’s recent nomination for U.S. attorney general, is the great-great-granddaughter of a slave who escaped to freedom. (That’s four generations). Consider also that most people on Social Security today went to segregated schools. (That’s two generations.) If Clark is correct in his thesis, then the impacts of wealth built on the foundations of American slavery and segregation will continue to affect Lynch’s great-great-great grandchildren.
It is therefore unsurprising that addressing just one aspect of this disparity cannot solve racial wealth gaps. Demos/Brandeis find that equalizing graduation rates would reduce the wealth gap between blacks and whites by 1 percent, and between Latinos and whites by 3 percent at the median. Equalizing the distribution of income would only reduce the wealth gap by 11 percent for blacks and 9 percent for Latinos. Part of the durability of wealth gaps is the disproportionate benefits that whites still enjoy: They face less job market discrimination and are more likely to reap a big inheritance, for example. This means that the returns to education and income are generally higher for whites. But even after controlling for these returns, income and education can’t explain the entire wealth gap.
Because America’s primary vehicle for wealth accumulation is our homes, much of the explanation of the racial wealth gap lies in unequal homeownership rates. According to the Brandeis/Demos analysis, equalizing homeownership would reduce the racial wealth gap by 31 percent for blacks and 28 percent for Latinos. This effect is muted because centuries of discrimination—including racial exclusion from neighborhoods where home values appreciate, redlining, and discriminatory lending practices—mean that people of color are segregated into relatively poor neighborhoods. Indeed, in 1969, civil rights activist John Lewis bought a three-bedroom house for $35,000 in Venetian Hills, Atlanta. He and his wife were the first black family in the middle-class neighborhood. In his book, “Walking with the Wind,” he notes that, “within two years… the white owners began moving out.” Had the value of his house simply kept up with inflation, it would be worth $222,881 today. But Zillow shows that three-bedroom houses in Venetian Hills, Atlanta, are currently selling for around $65,000 to $100,000.
Systematic disinvestment in communities of color means that even when blacks and Latinos own their homes, they are worth far less than white homes. In addition, blacks and Latinos are targets of shady lending. They are more likely to be offered a subprime loan even if they are qualified to receive a better rate. In the wake of the financial crisis, big banks like Blackstone scooped up foreclosed homes and are now offering them to people of color to rent, further pulling wealth out of these communities to benefit rich whites.
The financial crisis had a disparate impact on people of color. A Center for Responsible Lending report examined the loans originated during the subprime boom (2005 to 2008), and found that blacks and Latinos were almost twice as likely to have foreclosed during the crisis. The New York Times reported that Wells Fargo “saw the black community as fertile ground for subprime mortgages, as working-class blacks were hungry to be a part of the nation’s home-owning mania.” They discovered that loan officers “pushed customers who could have qualified for prime loans into subprime mortgages” and “stated in an affidavit… that employees had referred to blacks as ‘mud people’ and to subprime lending as ‘ghetto loans.’”
These problems are troubling, but, as unlikely as it seems, things are about to get even worse. The Supreme Court is set to decide Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, a landmark case challenging the disparate impact test, which allows a practice to be considered discriminatory if it disproportionately and negatively impacts communities of color, even if a discriminatory intent can’t be proven.
The case involves an excellent example of why disparate impact is so important: Nearly all of the tax credits that the Texas Department of Housing and Community Affairs had approved were in predominantly non-white neighborhoods. At the same time, the department disproportionately denied the claims in white neighborhoods. A federal judge decided that regardless of racial intent, the result had a “disparate impact” and increased neighborhood segregation. As Nikole Hannah-Jones has extensively documented, disparate impact has been crucial in holding banks accountable. For instance, the Justice Department used it to settle with Bank of America for $335 million after it was discovered that a mortgage company purchased by BofA had been pushing blacks and Latinos into subprime loans when a similar white borrower would have qualified for a prime loan. Because there was no official policy that required blacks and Latinos to get worse loans, the case would not have been won but for the disparate-impact statute.
The Supreme Court has already decimated the Voting Rights Act, opening the door for onerous restrictions on voting. They upheld a law banning affirmative action at state universities and have already crushed integration efforts at K-12 schools. Worryingly, as Demos Senior Fellow Ian Haney López told ProPublica, “It is unusual for the Court to agree to hear a case when the law is clearly settled. It’s even more unusual to agree to hear the issue three years in a row.” Given the importance of neighborhood poverty to upward mobility and wealth building, this case had the potential to be the most destructive, dramatically curtailing opportunity and making the wealth gap into a chasm. As Patrick Sharkey notes, “Neighborhood poverty alone accounts for a greater portion of the black-white downward mobility gap than the effects of parental education, occupation, labor force participation, and a range of other family characteristics combined.”
Demos and Brandeis suggest policies to boost homeownership, like better enforcement of anti-discrimination laws, lowering the cap on the mortgage interest deduction so blacks and Latinos can benefit and authorizing Fannie Mae and Freddie Mac to allow homeowners to modify their loans. In addition, America needs to systematically invest in poor neighborhoods. Equalizing public school education funds for poor and nonwhite schools would increase home prices in poor neighborhoods. In addition, a baby bond program would directly reduce wealth gaps by giving children money that could be used for a down payment on a house or an investment in their education. What’s clear is that we cannot simply hope that wealth gaps will disappear. These gaps were created by racially biased federal policies and need to be remedied by public policy as well. Government created the white middle class in the 1950s; now it’s time to create a black and Latino middle class. The Supreme Court, with its supposedly race-neutral philosophy, will only make it more difficult to close racial wealth gaps.
By: Catherine Ruetschlin, a Senior Policy Analyst at Demos & Sean McElwee, Research Assistant at Demo: Salon, March 14, 2015
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