America has been a battleground for rights since the
moment the Whiteman set foot on this land. Equal rights have been fought for
race, gender, and sexual orientation (among other things) and there has been
one clear commonality with each fight—Power.
Black
Civil Rights
At the end of the Civil War when slavery ended, not
everyone was happy to welcome Blacks as equals. The Southerners fought for 35
years to have the full support of the Constitution and the Supreme Court for
the Jim Crow Laws. Jim Crow Laws were state and local laws in the south that
made it possible for Blacks to maintain their status as second-class citizens.
Any laws during that time which were passed against Blacks or in order to
extend segregation were known as Jim Crow Laws. The laws were supported by the
Supreme Court under ‘Separate but Equal’, meaning that Blacks and Whites were treated
equally, just segregated from one another. This was not how it transpired,
however. Each state in the south had their own set of Jim Crow Laws, and
following are a few examples from various states, according The Jackson Sun:
In
Alabama, “No person or corporation shall require any white female nurse to
nurse in wards or rooms in hospitals, either public or private, in which negro
men are placed.”
In
Arizona, “The marriage of a person of Caucasian blood with
a Negro, Mongolian, Malay, or Hindu shall be null and void.”
In Florida, “[Juvenile Delinquents] there shall be separate buildings, not nearer than one fourth
mile to each other, one for white boys and one for negro boys. White boys and
negro boys shall not, in any manner, be associated together or worked together.”
In Georgia, “All persons licensed to conduct the business of
selling beer or wine...shall serve either white people exclusively or colored
people exclusively and shall not sell to the two races within the same room at
any time.”
In Kentucky, “The children of white and colored races committed to
the houses of reform shall be kept entirely separate from each other.”
In
Louisiana, “Any person...who shall rent
any part of any such building to a negro person or a negro family when such
building is already in whole or in part in occupancy by a white person or white
family, or visa-versa when the building is in occupancy by a negro person or
negro family, shall be guilty of a misdemeanor and on conviction thereof shall
be punished by a fine of not less than twenty-five ($25.00) nor more than one
hundred ($100.00) dollars or be imprisoned not less than 10, or more than 60
days, or both such fine and imprisonment in the discretion of the court.”
In Maryland, “All railroad companies and corporations, and all
persons running or operating cars or coaches by steam on any railroad line or
track in the State of Maryland, for the transportation of passengers, are
hereby required to provide separate cars or coaches for the travel and
transportation of the white and colored passengers.”
In
Mississippi, “There shall be maintained
by the governing authorities of every hospital maintained by the state for
treatment of white and colored patients separate entrances for white and colored
patients and visitors, and such entrances shall be used by the race only for
which they are prepared.”
In Missouri,
“Separate free schools shall be
established for the education of children of African descent; and it shall be
unlawful for any colored child to attend any white school, or any white child
to attend a colored school.”
In
New Mexico, “Separate rooms [shall] be
provided for the teaching of pupils of African descent, and [when] said rooms
are so provided; such pupils may not be admitted to the school rooms occupied
and used by pupils of Caucasian or other descent.”
In North Carolina, “The...Utilities Commission...is
empowered and directed to require the establishment of separate waiting rooms
at all stations for the white and colored races.”
In Oklahoma, “Any instructor who shall teach in any school,
college or institution where members of the white and colored race are received
and enrolled as pupils for instruction shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined in any sum not less than ten
dollars ($10.00) nor more than fifty dollars ($50.00) for each offense.”
In South Carolina, “It shall be
unlawful for any parent, relative, or other white person in this State, having
the control or custody of any white child, by right of guardianship, natural or
acquired, or otherwise, to dispose of, give or surrender such white child
permanently into the custody, control, maintenance, or support, of a negro.”
In Texas, “Any white person of such county may use the county
free library under the rules and regulations prescribed by the commissioner’s
court and may be entitled to all the privileges thereof. Said court shall make
proper provision for the negroes of said county to be served through a separate
branch or branches of the county free library, which shall be administered by
[a] custodian of the negro race under the supervision of the county librarian.”
In Virginia,
“Every person...operating...any public
hall, theatre, opera house, motion picture show or any place of public
entertainment or public assemblage which is attended by both white and colored
persons, shall separate the white race and the colored race and shall set apart
and designate...certain seats therein to be occupied by white persons and a
portion thereof, or certain seats therein, to be occupied by colored persons.”
In Wyoming, “All marriages of white persons with Negroes,
Mulattos, Mongolians, or Malaya hereafter contracted in the State of Wyoming
are and shall be illegal and void” (Jackson Sun, 2001).
Although the Confederacy lost the war, it is evident
that they still maintained power over the blacks in a large amount of the
states.
The
Jim Crow Laws lasted until state-sponsored school segregation was declared
unconstitutional by the Supreme Court in 1954 in Brown vs. the Board of Education. The
remaining Jim Crow Laws were overruled by the Civil Rights Act of 1964 and the Voting
Rights Act of 1965.
State-sponsored
racism did not end with these Acts. Until the Fair Sentencing Act of 2010, the
possession of crack, a drug that is primarily used by the poor, was sentenced
10 times harsher than powder cocaine, a drug primarily used by richer people. A
higher percentages of whites have
also tried hallucinogens, marijuana, prescription pain relievers, and
stimulants (National Survey on Drug Use and Health, 2011), but Blacks are arrested for drug possession more
than three times as often as Whites (Fellner, 2009). Black adults represent
one-quarter of all felony drug arrests in California, despite comprising just
five percent of the state population.
There
are countless other examples of State-sponsored racism, including New York’s
‘Stop and Frisk’ program and Arizona’s SB 1070. These laws are always disguised
as laws that ‘protect’ us but they clearly target minority groups. Whether you
want to believe that it is power of Whites over Blacks, rich over poor, or just
laws that occupy you from other issues, it always comes down to that one
thing—Power.
Women Civil Rights
Women’s fight for civil
rights has been a battle throughout history, but it did not become an issue in
America until the Europeans arrived. As women fought they won some battles and
they lost others.
In 1870, a law was passed
which allowed women to keep money they had earned. Before this law, they were
required to give the money to their husband or father, which implied a certain
amount of ownership over a woman. That same year, the 15th amendment
passed giving Blacks the right to vote, but excluded women.
In 1872, the first woman was nominated for President.
She was a member of the Equal Rights Party, but neither she nor any
other woman was allowed to
vote.
Susan B. Anthony cast her first vote that year to test
whether the 14th Amendment would be interpreted broadly enough to
guarantee women the right to vote. However, she was arrested and convicted of
“unlawful voting.”
In
1874, The Supreme Court decided in Minor v. Happersett that a Missouri
law limiting the right to vote to male citizens was constitutional. The Court
rejected the claim by Virginia Minor that the state law deprived her of one of
the “privileges or immunities” of citizenship and was in violation of the 14th
Amendment. While women are “persons” under the 14th Amendment, the Court said,
they are of “non-voting” citizens, and states may grant or deny them the right
to vote.
In 1891, women could no
longer be forced to live with husbands unless they wished to. This was one step away from ownership by
a man and a step towards equality.
In 1920, the 19th Amendment was
ratified. “The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any state on account of sex.”
In
1961, President John F. Kennedy established the President’s Commission on the
Status of Women and appointed Eleanor Roosevelt as chairwoman. In 1963 a report
was documented by her, substantiating discrimination against women in the
workplace. It made recommendations for improvement, including fair hiring
practices, paid maternity leave, and affordable child care.
In
1963, the Equal Pay Act became federal law. The law states employers must give equal
pay for men and women performing the same job duties regardless of the race,
color, religion, national origin or sex of the worker.
In
1964, the Civil Rights Act passed. Title VII bars employment discrimination by
private employers, employment agencies and unions based on race, sex, and other
grounds.
In
1965, the Supreme Court made its ruling on Griswold v. Connecticut which
legalized the use of contraception for married couples. In 1972, the same right
was extended to single women.
In
1972, Congress passed Title IX which required schools that receive federal
funds provide equal access to educational programs for both men and women.
In
1973, the Supreme Court ruled on the still controversial case of Roe v. Wade,
which gave women the right to choose whether to have an abortion or carry the
pregnancy to term. This ruling nullified anti-abortion laws in 46 states.
In
1973, women were integrated into all branches of the military as the forces
became volunteer only, eliminating the draft.
In
1978, the Pregnancy Discrimination Act passed which made it unlawful for
employers to question potential hires about their plans to have children.
In
2009, the Lilly Ledbetter Fair Pay Act passed. The federal law expanded
workers’ right to sue for pay discrimination and relaxed the statute of
limitations on such suits. Ledbetter had sued her employer, Goodyear Tire and
Rubber Co., when she neared retirement and learned that she was paid much less
than her male colleagues. But the Supreme Court threw out her case, saying she
should have filed her suit within 180 days of the date that Goodyear first paid
her less than her peers. Courts repeatedly had cited the decision as a reason
for rejecting lawsuits claiming discrimination based on race, sex, age and
disability. The new law changed Title VII of the Civil Rights Act of 1964,
which said discrimination complaints must be brought within 180 days of the
discriminatory act (Women’s Rights
Timeline).
Women are still fighting for their rights today.
According to the United States Census Bureau, in 2012, the median earnings of
American women working full time year-round were $37,791. American men earned a
median income of $49,398. The gender wage gap has remained at about 77 cents on
the dollar since 2007.
In terms of re-employment after the
recession, women are still behind men. The number of men working full time,
year-round increased by 1 million between 2011 and 2012, while the number of
full-time working women remained stagnant.
African-American women earn 69 cents for
every dollar paid to African-American men, and Hispanic women earn just 58
cents on the dollar compared to Hispanic men. The disparity is even larger when
these women are compared to white men (United States Census Bureau).
There
are many other examples of how women are still battling for their civil
rights. In 2011 alone, states passed 162
provisions and 80 laws relating to reproductive health and rights, limiting
women’s rights (Guttmacher Institute, 2011). Even things as simple as what
insurance plans cover are not equitable. Insurance plans often times cover
Viagra, a drug that allows a man to be ready for sexual activity, but do not always
cover birth control.
The
reason for all these laws is the same as any other laws that target a
particular group. Again, it comes down to that one thing—Power.
LGBT
Civil Rights
Historically,
each minority group has gotten recognition for inequalities in America. It is
now time for the LGBT community to get theirs. There are still huge amounts of
prejudice towards this minority group; however, there have been more rights given
to this group in the last 20 years than any time in modern America.
In 1924, The Society for Human Rights in
Chicago became the country's earliest known gay rights organization.
In 1948, Alfred Kinsey
publishes Sexual Behavior in the Human Male, revealing to the public
that homosexuality was more common than was traditionally believed.
In 1951, the Mattachine Society,
the first national gay rights organization, was formed by Harry Hay. He has
been considered by many to be the founder of the gay rights movement..
In 1958, Joe
Cino, an Italian-American theater producer, opened Caffe Cino. Caffe Cino has
been commonly credited with starting the ‘Off-Off-Broadway’ theater movement.
Six years after Caffe Cino opened, it hosted the first gay plays, The
Madness of Lady Bright, by Lanford Wilson,
and The Haunted Host, by Robert Patrick.
In 1962, Illinois became the
first state in the U.S. to decriminalize homosexual acts between consenting
adults in private.
In
1966, the
world's first transgender organization, the National Transsexual Counseling
Unit, was established in San Francisco.
In
1969, the
Stonewall Riots transformed the gay rights movement from one limited to a small
number of activists into a widespread protest for equal rights and acceptance.
Patrons of a gay bar in New York's Greenwich Village, the Stonewall Inn, fought
back during a police raid on June 27,
which sparked three days of riots.
In
1973, the
American Psychiatric Association removed homosexuality from its official list
of mental disorders. That same year, Harvey Milk was elected city supervisor in
San Francisco.
In
1976, San
Francisco Mayor George Moscone appointed Harvey Milk to the Board of Permit
Appeals, making Milk the first openly gay city commissioner in the United
States.
In
1977, activists
in Miami, Florida influenced the passing of a civil rights ordinance, making
discrimination based on sexual orientation illegal in Dade County. Save Our
Children, a campaign by a Christian fundamentalist group and headed by
singer Anita Bryant, was launched immediately after. In the largest special
election of any in Dade County history, 70% voted to overturn the ordinance. It
was a huge setback for the LGBT community.
Harvey
Milk was very important in 1978. On January 8,
he made national news when he was sworn in as a member of the San Francisco
Board of Supervisors. Milk began his term by sponsoring a civil rights bill
that outlawed sexual orientation discrimination, which Mayor Moscone signed
into law. Shortly afterward, Proposition 6, a proposal to fire any teacher or
school employee who publicly supported gay rights, gained a lot of support.
Harvey Milk campaigned against the bill and attended every event hosted by
Briggs, the founder of the bill. Jimmy Carter, Ronald Reagan, and Jerry Brown
spoke out against the proposition. On November
7, voters rejected the proposition by more than a million votes. On November 27, Milk and Moscone were
assassinated by Dan White, another San Francisco city supervisor.
In
1979,
75,000 people attended the March on Washington for Lesbian and Gay Rights. This
represented the largest group of support to date.
At
the 1980 Democratic National Convention held at New York City's Madison Square
Garden, Democrats took a stance supporting gay rights, adding the following to
their platform: "All groups must be protected from discrimination based on
race, color, religion, national origin, language, age, sex or sexual
orientation."
In
1982, Wisconsin
became the first state to outlaw discrimination on the basis of sexual
orientation.
In 1984, the city of Berkeley,
California, become the first city to offer its employees domestic-partnership
benefits.
In
1993, the
“Don't Ask, Don't Tell” policy was signed into law, which allowed gays to serve
in the military as long as they were not open about their sexual orientation.
President Clinton's original intention to revoke the prohibition against gays
in the military was met with stiff opposition. This compromise resulted in the
discharge of thousands of men and women in the armed forces.
On
April 25 of that same year, almost
one million people joined the March on Washington for Lesbian, Gay, and Bisexual
Equal Rights. Jesse Jackson, RuPaul, Martina Navratilova, and Eartha Kitt were
among the speakers and performers at a rally after the march. The march was in
response to “Don't Ask Don't Tell”, Amendment 2 in Colorado (a law that
prevented the state from passing any laws protecting homosexuals or bisexuals),
as well as the rising hate crimes and other ongoing discriminations against the
LGBT community.
In
1996, the Supreme
Court overruled Amendment 2. This led
the way to passing future laws helping to protect against discrimination.
In
2000,
Vermont became the first state in the country to legally recognize civil unions
between gay or lesbian couples. The law states that these “couples would be
entitled to the same benefits, privileges, and responsibilities as spouses.” It
essentially created a ‘separate but equal’ view on homosexual marriage.
In
2003,
the Supreme Court ruled that sodomy laws in the U.S. are unconstitutional.
Justice Anthony Kennedy wrote, “Liberty presumes an autonomy of self that
includes freedom of thought, belief, expression, and certain intimate conduct.”
In
November of that same year, the
Massachusetts Supreme Judicial Court ruled that barring gays and lesbians from
marrying violated the state constitution. The Massachusetts Chief Justice
concluded that to “deny the protections, benefits, and obligations conferred by
civil marriage” to gay couples was unconstitutional because it denied “the
dignity and equality of all individuals” and made them “second-class citizens.”
From
2004-2007,
several states enacted laws in favor of the LGBT community
·
2004: Same-sex marriages became legal in
Massachusetts.
·
2005, civil-unions became legal in Connecticut.
·
2006, civil-unions became legal in New Jersey in December.
·
2007, the House of Representatives approved a
bill ensuring equal rights in the workplace for gay men, lesbians, and
bisexuals.
In
2008, a
New York State appeals court unanimously voted that valid same-sex marriages
performed in other states must be recognized by employers, granting same-sex
couples the same rights as other couples. That same year, the state of Oregon
passed a law that allowed same-sex couples to register as domestic partners further
allowing them some spousal rights of married couples. Later, the California
Supreme Court ruled that same-sex couples have a constitutional right to marry.
On
November 4, 2008, voters in California, Arizona, and Florida approved the
passage of measures that banned same-sex marriage. Arkansas passed a measure to
ban homosexuals from adopting children.
On
October 10, 2008, the Supreme
Court of Connecticut ruled that same-sex couples have the right to marry. The
court also ruled that the state could not deny homosexual couples the freedom
to marry under Connecticut's constitution, and that the state's civil-union law
did not provide same-sex couples with the same rights as heterosexual couples.
.
On
April 3, 2009,
the Iowa Supreme Court unanimously rejected the state law banning same-sex
marriage.
On
April 7 of that same year,
Vermont became the first state to legalize gay marriage through their
legislature.
On
May 6, 2009, Maine became the
31st state to ban the gay marriage. While several other states were passing
laws moving towards equality for the LGBT community, Maine’s stance showed that
there was still opposition for equality.
On
June 3, 2009, New Hampshire
governor John Lynch signed legislation allowing same-sex marriage. The law
stipulated that religious organizations and their employees would not be
required to participate in the ceremonies.
On
June 17, 2009, President Obama
signed a referendum that allowed the same-sex partners of federal employees to
receive benefits. Unfortunately, full health coverage was not included in the
benefits.
On December 18 2010, the U.S.
Senate voted 65 to 31 in favor of repealing Don't Ask, Don't Tell. This meant that gays, lesbians, and bisexuals
could now serve openly in the armed forces.
On
June 24, 2011,
New York passed a same-sex marriage bill. The bill was approved with a 33 to 29
vote.
On
February 7, 2012,
the Ninth Circuit Court of Appeals in California ruled 2–1 that Proposition 8 was
unconstitutional because it violated the Equal Protection Clause of the 14th
Amendment. In the ruling, the court stated, the law "operates with no
apparent purpose but to impose on gays and lesbians, through the public law, a
majority's private disapproval of them and their relationships."
On
February 13, 2012, Washington
became the seventh state to legalize gay marriage.
On
March 1, 2012, Maryland passed
legislation to legalize gay marriage, becoming the eighth state to do so.
On
May 9, 2012, President Barack
Obama publicly stated his support of same-sex marriage. "It is important
for me to go ahead and affirm that I think same-sex couples should be able to
get married,"
On
Nov. 6, 2012, Tammy Baldwin became the first openly gay politician elected to the Senate. That same
day, gay marriage was approved in a popular vote for the first time. Maine and
Maryland voted in favor of allowing same-sex marriage. To add to the moment,
voters in Minnesota rejected a measure to ban same-sex marriage.
On
April 29, 2012, Jason Collins of
the NBA's Washington Wizards announced in an essay in Sports Illustrated
that he is gay. "I'm a 34-year-old N.B.A. center. I'm black and I'm gay…
I've reached that enviable state in life in which I can do pretty much what I
want. And what I want is to continue to play basketball. I still love the game,
and I still have something to offer. My coaches and teammates recognize that.
At the same time, I want to be genuine and authentic and truthful." He
became the first professional male athlete to come out as gay.
On
May 2, 2012, Rhode Island passed
same sex marriage.
On
May 7, 2012, Governor Jack
Markell signed the Civil Marriage Equality and Religious Freedom Act, which
legalized same-sex marriage for the state of Delaware.
On
May 13, 2012, in Minnesota, the
State Senate voted 37 to 30 in favor of legalizing same-sex marriage.
On
June 26, 2012, the Supreme Court
ruled that the 1996 Defense of Marriage Act (DOMA) was unconstitutional. In a 5
to 4 vote, the court ruled that DOMA violated the rights of gays and lesbians.
The court also ruled that the law interfered with the states' rights to define
marriage.
On
Nov. 5, 2012, Illinois
became the 15th state to recognize same-sex marriages when the House of
Representatives approved the Religious Freedom and Marriage Fairness Act, 2013.
On
Nov. 12, 2012, Hawaii became the 16th state to recognize same-sex marriages.
Most
of these are outstanding achievements for the LGBT community, but the fight is
not even close to being over. There are still 34 states where homosexual
couples cannot get married. Furthermore, homosexuals can be fired just for
their sexual orientation in 29 states. This is not just a battle for a title.
This is a battle for next-of-kin rights, parental rights, insurance rights,
etc. and above all, it is a battle to not be treated as a second-class citizen.
I believe that the reason these citizens have had to fight for these rights,
when they should just be appointed to them, is because it is considered sinful
by the religion of majority. This ‘sin’ has been used as a form of separation
in order to maintain power over other people.
Conclusion
There
have always been and always will be minority groups in this country. Whether it
is a minority based on race, gender, religion, sexual orientation, or favorite
color, it is not ok to not have equal rights and equal protection under the
law. But there are people who disagree. People who think that if they allow
everyone to be equal, they will somehow lose something in the exchange. This is
rarely true. When we live in a society where everyone has equal access, our
civilization will flourish. We need to stop this battle for our own personal
power and realize that if we empower others, we empower ourselves.
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