Civil Rights Movements
Civil Rights Movements
UNITED STATES
Structure
13.1 Introduction
Aims and Objectives
13.1 INTRODUCTION
Mahatma Gandhi’s influence on civil rights movements around the world is beyond
anyone’s doubt. Non-violent resistance through non-cooperation and civil disobedience are
powerful tools of the deprived over the privileged sections of the society. Gandhi’s
influence is nowhere more discernible in the developed West than in the United States
itself. Martin Luther King, Jr., the leader who led the non-violent civil rights movement,
in the United States to empower the African Americans, was highly inspired by Mahatma
Gandhi.
Civil rights denote the rights of individuals to equal protection under the laws of the land
and equal access to public amenities and services in society. Civil rights differ from civil
liberties. Significantly, civil liberties involve freedom of speech and expression and other
freedoms of the citizens that are protected from the possible violation by the government.
Civil rights, on the other hand, refer to individual members or groups—whether racial,
religious and others—who need to be treated equally by the government and even by the
private parties to a certain extent. To express in more simple terms, civil liberties deal
with personal freedoms and civil rights are related to issues of equality.
Aims and Objectives
After reading this Unit, you would be able to understand:
The meaning and significance of the concept of civil rights.
Civil Rights Movements in the United States 143
The leaders of the Black community resisted such practices and relentlessly fought against
racial discrimination and bigotry by resorting to legal means. But the legal method brought
little relief until the 1930s when the US Supreme Court began to alter its opinion rather
in a modest way. The Court ruled that if no facilities existed for the African Americans,
they must be permitted to use the facilities reserved for the white population. About two
decades later, in another landmark decision, the Supreme Court reversed its Plessy
doctrine and ruled in Brown vs. Board of Education of Topeka that racial segregation
of public schools “generate [among black children] a feeling of inferiority as to their status
in the community that may affect their hearts and minds in a way unlikely ever to be
undone…. Separate educational facilities are inherently unequal.” This case was initiated
by the National Association for the Advancement of Coloured People (NAACP) for
Linda Carol Brown, a Black child in Topeka, Kansas, who was denied admission into
an all-white elementary school. The case was argued by Thurgood Marshall who
subsequently became the first Black justice of the US Supreme Court.
The Brown decision was not welcomed by the Southern White population. Even in the
North it was hailed only by a slender section of the White community. Three years after
this decision, in the city of Little Rock, Black children were not allowed to enter the
white public school and the problem was resolved only after President Dwight D
Eisenhower placed the ANG (Avkaasas National Guards) under federal control to
implement the Brown decision on desegregation.
Though public schools were technically desegregated in 1954 by the U.S. Supreme Court
decision in Brown vs Board of Education, many were still de facto segregated due to
inequality in housing and racial segregation in neighbourhoods. The Supreme Court held
that not only were separate but also equal schools “inherently unequal”, the public schools
in many parts of the country continued to be segregated by race. In Swann vs. Charlotte-
Mecklenburg Board of Education (1971), the Supreme Court upheld the constitutionality
‘of busing’ to end school segregation, an attempt to further integrate schools.
A federal court in 1974 found that in Boston, schools were constructed and school
district lines intentionally drawn to segregate the schools on the basis of race. In the early
1970s, a series of court decisions found that the racially imbalanced schools trampled the
rights of minority students. As a remedy, courts ordered the racial integration of school
districts within individual cities, sometimes requiring the racial composition of each
individual school in the district to reflect the composition of the district as a whole. This
was generally achieved by transporting children by school bus to a school in a different
area of the district. This practice widely came to be referred to as “busing” or
“desegregation busing” in the United States.
However, many White families moved to the suburbs to avoid sending their children to
far off schools in unfamiliar (and violently Black) neighhbourhoods, and those who stayed
back moved their children into parochial or private schools. As a consequence, urban
school districts came to be overwhelmingly Black, reducing any effectiveness compulsory
busing may have had. Though the U.S. Supreme Court verdict in Milliken vs. Bradley
(1974) that busing children across districts was unconstitutional, limited the extent of
busing to metropolitan areas, there is no doubt that busing integrated ethnic minority
school children with the larger community. Since the 1980s desegregation busing has been
on the decline.
Civil Rights Movements in the United States 145
1960s that the U.S. Congress passed the 1986 Immigration Reform and Control Act that
offered citizenship to illegal immigrants who could provide residential proof for last five
years.
But Hispanics themselves had to share the blame for the discrimination they faced in the
U.S. Not only did they continue to live in the U.S. illegally, but also many of them
refused to learn English and assimilate into the mainstream American society. Their
recalcitrance gave rise to a nativist movement—the Official English Movement, aiming to
make English the official language of the United States—and, as a consequence, more
than half of the states declared English their official language within a span of three
decades. Till date, efforts are on to make the use of English compulsory at the
workplace. Bills are pending in the U.S. Congress that gives employers the right to
demand that English be used by employees regardless of their language background.
Asian Americans, particularly the Chinese and the Japanese, who were brought to the US
to work in coal mines and railroad constructions, faced severe racial discrimination
expressed openly by the people as well as the ruling elite. Some of the U.S. legislations
too discriminated against them. For instance, in 1921 when the U.S. first enacted a law
to restrict immigration and introduced a quota system, Asians got a tiny quota compared
to Europeans. Once again in the domestic climate of civil rights movements in the 1960s,
Asian Americans were benefited by the 1965 Immigration Act, that sought to balance the
quota in favour of those who were discriminated earlier. Unprecedented numbers of
Asians and Latin Americans entered the United States as a result of that Act. The rights
of Asian Americans were also slowly expanded through court rulings and legislations
following the 1964 civil rights acts.
Ratification of this amendment inspired the women’s rights movements to plead for the
fulfilment of other demands, such as “equal rights” with men; equal pay for equal work;
removal of discrimination in granting financial credit; and ending sexual harassment at
work places. After decades of efforts by women movements, some of these demands
have been met. While in 1923, the first proposal was made to bring about another
amendment to the Constitution to ensure equal rights for women, it was only in 1973—
half a century later that the U.S. Congress approved the Equal Rights Amendment only
to be rejected during its ratification by requisite three-fourths of the states.
But the movement continued and society was slowly sensitised about the importunate
discrimination against women. Sustained political struggles subsequently paid and the U.S.
Congress passed the Equal Pay Act in 1963 in the midst of the civil rights movements
in various parts of the country. This Act prohibited discrimination on the basis of gender
in salary and wages of certain types of employment. The 1964 Civil Rights Act prohibited
gender discrimination in the administration of grants for programmes of the Federal
Government. The Education Amendment Act of 1972 prohibited gender discrimination in
education and the Equal Credit Act of 1974 ended similar discrimination in granting of
financial credit. Although women have gained considerably, gender inequality still remains
in the US. Gender representation in public office, managerial posts and promotion to high
offices is still negligible.
Women’s rights acquired a new dimension with the debate on abortion that started in the
United States in the 1970s, a new movement—supported by the Democratic Party—
emerged that sought to give women complete control over her sexuality and the choice
to continue or terminate a pregnancy. Highlighting the right of women—especially unmarried
women—to safe and legal abortion, this movement came to be known as the “Pro-
choice” movement. In Roe v Wade (1973), the U.S. Supreme Court upheld a woman’s
constitutional right to abortion and reaffirmed it in Planned Parenthood v Casey (1992).
The latter case was decided by plurality opinion, and there is no doubt that even today,
abortion rights have succeeded in keeping the judiciary divided.
The pro-choice movement drew strong reaction from The Roman Catholic Church—
supported by conservative Protestant groups—against the pro-choice activists and the
judiciary’s decision in their favour. A movement, commonly referred to as the pro-life
movement and sponsored unequivocally by the Roman Catholic Church, arose in opposition
to abortion. Some within the Democratic Party, which has a large number of Catholics
as members, have even sponsored legislation in the U.S. Congress to reduce the abortion
rate without seeking to make the procedure illegal and without overturning Roe v Wade.
However, conservatives still oppose abortion—on the ground that a developed foetus was
an individual and had the right to live—and accept only early abortion (during the first
two trimesters after conception) and even late abortion when the pregnancy was caused
due to incest or rape. What conservatives want to put an end to is abortion-on-demand.
In1973, the American Psychiatric Association removed homosexuality from its official list
of mental disorders. By that time the homosexual activity had become quite widespread
in the U.S. In 1982, Wisconsin created history when it became the first state to ban
discrimination on the basis of sexual orientation.
Its victorious moment came when the U.S. Army allowed gays to serve in the military in
1993 but banned homosexual activity while serving. Though it was not an unalloyed
victory as it still outlawed homosexual activity between serving gay and lesbian couples,
it opened the door of the military to the gay community. Under this policy—enacted
during the presidency of Bill Clinton and known as “Don’t Ask, Don’t Tell”—gays and
lesbians could be discharged from service in the Army if they either conceded to being
gay or indulged in homosexual acts during service, but the Army was forbidden to ask
its inmates about their sexual orientation.
In 2000, Vermont became the first state to recognize the same-sex marriages—or civil
unions—between gay and lesbian couples and bestowed such civil unions with “the same
benefits, privileges, and responsibilities as spouses”. However, it refrained from referring
to such unions as “marriage”, reserving the term for heterosexual unions. Same-sex
marriages were legalised—over conservative opposition—in Massachusetts in 2004, in
Connecticut in 2005, and in New Jersey in 2006.
During the presidential campaign of 2004, and then again in 2006, President George W.
Bush came out strongly against “civil unions”, reiterating that marriage was a faith-
sanctioned and time-tested institution that solemnised the union between man and woman.
He supported the move of the Christian Coalition, a Republican grassroots organisation
to amend the Federal Constitution in order to define marriage as exclusively between man
and woman and seek a ban on gay marriages. The President even declared that the
United States government would “recognize and protect” marriage as it promoted the
welfare of children and stability of society.
Interestingly, though in May 2008, the California Supreme Court ruled that same-sex
couples had a constitutional right to marry; during the November election, voters in the
state ratified an initiative—called Proposition 8—that banned same-sex marriages. Similar
initiatives banning same-sex marriages were passed by voters in Arizona and Florida as
well. Voters in Arkansas approved a measure that barred gays and lesbians from adopting
children.
There is no doubt that like other civil right issues, gay rights have left American society
deeply divided. As with abortion, the issue of gay rights has created an uncompromising
political polarisation. Even after the backlash of the November 2008 election, the Iowa
Supreme Court threw out a state law banning same-sex marriages on April 3, 2009. In
less than a week later, the Vermont Legislature legalised same-sex marriage by overriding
the Governor’s veto of a bill that allowed same-sex couples to marry.
States. They now hold elected political office in large numbers, and an outstanding
example is reflected in Barack Hussain Obama’s assuming office as the President of the
U.S. Needless to say, the overwhelming majority of these Black leaders were Democrats.
The 2004 Democratic Platform opposed any move to ban gay marriages by amending the
Federal Constitution and wanted that marriage be defined at the state level. For
Democrats, the full inclusion of gay and lesbian “families” in national life with equal
responsibilities, benefits, and protections as conventional families remains top priority.
Democrats have acquired a sizeable measure of the Hispanic loyalty and an equally
sizeable chunk of their vote by opposing Official English in state after state by branding
it as nativist and trying to convince language minorities that Official English was nothing
but English Only, and that the proponents of the movement wanted to ban the use of
non-English languages in the U.S. In place of English Only, Democrats have championed
the cause of English Plus, proficiency in English and a second language or multiple
languages. They hold that public facilities, programmes, and assistance be made available
to citizens in languages other than English, keeping in mind those who were not proficient
in English. But Democrats have been relatively unsuccessful on this count, as many
Democratic governors (including Bill Clinton of Arkansas) signed measures declaring
English as the official language of their respective states. However, Democrats have been
steadfast in their support to bilingual education (introduced first in 1968 and subsequently
amended)—which today is nothing but “maintenance” bilingual education and not “transitional”
bilingual education—and multilingual ballots (introduced by the Voting Rights Act of 1965)
that have not only pushed Hispanics to take up low-paid jobs but have kept them and
other language minorities from any meaningful participation in the political process.
Democrats have consistently been pro-choice in matters of abortion: both the 2000 and
2004 Platforms sought to recognise and respect “every woman’s right to choose” in line
with Roe v Wade (1973) and make abortion “safe, legal, and rare”. In fact, the party
believes that the woman’s “right to choose” was a constitutional liberty and needed to be
upheld and protected by the courts.
The Republican Party’s support to and identification with age-old family values has also
made it stand in opposition to abortion and pro-choice activism. In both its 2000 and
2004 Platforms, the party voiced its stringent opposition to abortion, held that the unborn
child had a “fundamental individual right to life that cannot be infringed”, and called for
a ban on using public revenues for carrying out abortion and a stop on funding
organisations which advocated it. In November 2003, President George W. Bush signed
the Partial Birth Abortion Ban Act—a measure to prohibit late-term abortions—and the
U.S. Supreme Court upheld the constitutionality of the Act in its verdict in Gonzales v
Carhart (2007). No doubt, the Republicans’ stand on abortion did not make their party
any popular among pro-choice activists and liberal-minded women.
The Republican Party has also traditionally opposed “maintenance” bilingual education—
the use of public funds for bilingual education through native language instruction that
ultimately ended up in maintaining the language of linguistic minority students instead of
teaching them English—and have supported the use of “transitional” bilingual education
that aimed at imparting the teaching of subject-matter courses to language minority
students in all-English classes as early as possible. Individual Republicans have been in the
forefront of the Official English movement and it was in the Republican 104th Congress
that the first-ever English Language Amendment (ELA), H.R. 123—the Bill Emerson
English Language Empowerment Act (1996), seeking to amend the Federal Constitution
to declare English the official language of the United States—was passed by the U.S.
House of Representatives. Till date, those who have moved ELAs in the U.S. Congress
with varying degrees of success have all been Republicans. Republicans have also
repeatedly called for the abolition of multilingual ballots and voter assistance, thus earning
the charge of being nativist, anti-immigrant, and anti-Hispanic.
13.7 SUMMARY
Civil rights movements emerged in the United States, as elsewhere, in order to uphold
group rights. Though America is not constitutionally multicultural, the success of civil rights
movements—whether of Blacks, women, gays, or immigrants—have ensured the preservation
and protection of the constitutional rights of various marginalised groups in American
society. An era of political correctness was inaugurated, in which Blacks became African
Americans, housewives became homemakers, homosexuality came to be referred to as
alternative sexuality, and immigrants became hyphenated Americans.
The preservation of civil rights have resulted in the successful exercise of civil liberties by
abolishing private and public acts of racial, gender, and ethnic discrimination. It goes to
the credit of the civil rights movement that any group that perceives discrimination on the
part of the state or other groups can expect remedial action from the judiciary, if not
always from the executive or the legislature.
But as the movement expands, new groups come into existence and new rights are
manufactured to acknowledge the group and decide on the constitutionality of the rights
that it seeks to protect and uphold.
The history of the U.S. civil rights movement is an interesting, though not always an
acrimonious one. The American political system provided enough space to civil rights
activists and even incorporated their agenda as planks in the platforms of the major
parties. Referendums, initiatives, legislations, and court verdicts have all been used either
to support or oppose the issues raised by the civil rights activists.
152 Non-Violent Movements after Gandhi
But there is no doubt that the civil rights movements have left American politics and
society deeply divided. The domestic policy planks of the two major parties are
determined to a large extent by their respective stands on civil rights issues. The churches,
the centrepiece of American middle-class life, stand torn by issues of race, ethnicity, and
sexual orientation (especially of the clergy), and abortion. Though race riots are not
common any longer, racially-inspired hate crimes have shown a sharp increase.
Nowhere have the civil rights movements succeeded as in the US. If similar movements
have appeared elsewhere, it can serve as a measure of the degree of urbanisation,
industrialisation, or modernisation that has taken place in that society (for example, the gay
rights movement in India emerged in the cities and not in the rural hinterlands). That
remains a positive contribution of the American civil rights movement in understanding the
degree of development in non-American societies.
SUGGESTED READINGS
1. C.A. Barnes., Journey from Jim Crow: The Desegregation of Southern Transit,
Columbia University Press, 1983.
2. Thomas Gentile., March On Washington: August 28, 1963, New Day Publications,
1963.
3. Peter Levy., Documentary History of the Modern Civil Rights Movement,
Greenwood Press, 1992.
4. August Meier, and Elliot Rudwick., CORE: A Study in the Civil Rights Movement
1942- 1968, Oxford University Press, 1973.
5. Michal R. Belknap., (Ed), Civil Rights, the White House, and the Justice
Department: Securing the Enactment of Civil Rights Legislation, Garland
Publishing, 1991.
6. Paul Murray., Civil Rights Movement: References & Resources, Macmillan Reference,
1993.
7. Rhoda Blumberg., Civil Rights: The 1960s Freedom Struggle, Macmillan, 1991.
8. August Meier, John Bracey Jr, Elliott Rudwick., (eds), Black Protest in the Sixties,
Markus Wiener Publishing, 1991.
9. Vicki Crawford., Women in the Civil Rights Movement: Trailblazers and
Torchbearers, Indiana University Press, 1994.
10. Davis W. Houck, and David E., Women and the Civil Rights Movement, 1954-
1965, Dixon University Press of Mississippi, 2009.
11. Adam Fairclough., Martin Luther King, University of Georgia Press, 1995.