11. 9 The Civil Rights Movement and the Question
of Desegregation
The Civil Rights Movement
Civil Rights are the rights that a person has as
a member of a community, state or nation. These rights include freedom
of speech, of the Press and Religion. It also includes the right
to own property, to receive equal treatment from the government,
private groups and other individuals. Besides, laws exist in many
countries (including the U.S.) to give equal rights to all men and
women regardless of their race or religion.
In most countries these laws were not given as
part of the constitution. Legislations were passed only after bitter
struggles and campaigns. In the U.S., the black Americans led one
of the bitterest Civil Rights campaigns. Their struggle for an identity
and equal rights can be traced back to the 1800s, with the anti-slavery
movement. The Campaign had gathered momentum during the late 1800s
when the Civil Rights Act was passed. It was only in the
’50s and the 60s under the leadership of Martin Luther King and
Malcolm. X that these protest movements produced definite results.
These protest movements forced the Congress to pass several important
Civil Rights Legislations in an attempt to end discrimination
against black Americans.
Black Americans won important gains in their fight
for equal rights during the Reconstruction Period. The 13th
amendment, adopted in 1865, abolished slavery in the U.S. This was
followed by the 14th amendment in 1868 which gave citizen rights
to former slaves. It further provided that the states must grant
all people "equal protection of the laws." Later,
in 1870, the 15th amendment, prohibited the states from denying
people the right to vote because of their race. However, during
the 1870s, white Americans began ignoring the new acts won by the
Afro-Americans. The Government itself was partly responsible for
denying the blacks their rights. For instance, in 1885, the Supreme
Court had ruled that Congressional Acts to prevent racial discrimination
by private individuals were unconstitutional.
Further, in 1896, in the case of Plessy V. Ferguson,
the Supreme Court upheld a Louisiana law requiring separate but
equal accommodation for blacks and whites in railroad cars. For
50 years since this case, many southern states used the "separate
but equal" rule in public schools, transportation, recreation
and other public establishments like restaurants and hotels. The
1930s saw blacks getting a better deal in the courts vis-a-vis Civil
Rights Cases. A landmark judgment was passed in 1954 in the Brown
V. Board of Education of Topeka. In this Case, the Supreme Court
ruled that segregation in public schools unconstitutional. This
decision nullified the ’separate but equal’ principal.
The following year, the Supreme Court ordered that
public school desegregation be carried out quickly. However, many
schools in the South continued to have segregated schools.
In 1969, the Courts once again ordered that desegregation
of schools be done ’at once.’ The 1960s also witnessed an increased
protection of black voting rights. The Civil Rights Act of
1960 provided for the appointment of referees to help blacks register
to vote. In 1964, the 24th amendment made to the Constitution, barred
poll taxes in federal elections. The Voting Rights Act (1965)
put a bar on literacy tests in many southern states. In 1970, a
law made literacy tests illegal in all the states.
[Literacy tests: Black Americans were made to
take these tests to deprive them of their voting rights. ]
The 1960s also saw the legislation of 2 significant
Acts namely, the Civil Rights Act of 1964 and the Civil
Rights Act of 1968.
The Civil Rights Act (1964) was by far the
strongest Rights Bill in U.S. history. This Act ordered restaurants,
hotels, and other businesses that serve the general public to offer
services to everyone without regard to race, color, religion or
national origin. Further, it barred discrimination by employers
and Unions and set up the Equal Employment Opportunity Commission
to enforce fair employment practices. The Act also made a provision
that federal funds would be canceled from any program or activity
that allowed racial discrimination. The Civil Rights Act of 1968
was aimed at ending discrimination in the sale or rental of housing.
These tough legislations vis-à-vis Civil
Rights were passed in the ’50s and the ’60s due to a strong Civil
Rights Movement led by charismatic leaders like Martin Luther
King Jr., Elijah Muhammad and Malcolm X.
Supreme court order against segregation in schools
The supreme court in 1954 had ordered that state
should gradually desegregate its schools. In the famous Brown
v/s. Board of Education case in Topeka, the court stated that
segregation violated the Fourteenth Amendment, thus, reversing the
"Separate but equal doctrine put forth in the Plessy v/s Ferguson
case. [The supreme court’s famous decision of 1896 (Plessy v/s Ferguson)
it held that the states could fulfill the provision of the 14th
amendment requiring the Negroes must enjoy "equal protection
of the laws" by providing them "separate but equal facilities".]
In the Brown v/s Board of Education, Topeka ruling, Chief Justice
Earl Warren gave the unanimous decision: "Does segregation
of children in public schools solely on the basis of race, even
though the physical facilities and other "tangible" factors
may be equal, deprive the children of minority group of equal educational
opportunities. We believe that it does ... To separate them from
others of similar age and qualifications solely because of their
race generates 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 ... We conclude that in the field of public education,
the doctrine of ’separate but equal facilities’ has no place. Separate
educational facilities are inherently unequal ..."
The decision, the court realized was to make a
profound a social impact on the states. Thus, it stated that it
would admit briefs from interested parties on the question of how
and when to implement it.
The result of this historic decision was that some
communities, including the District of Columbia promptly decided
to desegregate their schools, while some states refused to comply
with the court’s orders. Once again a fierce debate ensued between
pro and anti segregationists with editorials, speeches and rallies,
all on the issue taking place everywhere. During the period after
the court’s decision, several upper south and in border cities,
including Baltimore, Louisville, Washington etc. implemented the
desegregation orders in their schools. But in the other southern
states, all kinds of legal questions and objections were raised
to prevent desegregation of schools.
This supreme court decision came as a shot in the
arm of the Civil Rights activists all over the country. Sit-in demonstrations
at lunch counters and ’freedom riders’ in interstate buses were
events that hit the headlines during the 1960s. In more and more
cities, Blacks were protesting against segregation. Segregation
had been removed on almost all interstate buses and trains. 45 city
bus lines in 11 states no longer demanded that Blacks should sit
in the rear of the buses. And President Eisenhower removed the remnants
of segregation in the armed forces, by declaring that "There
must be no second - class citizens in this country".
The Congress in 1957 passed, after years of debate
and struggle for Black rights, passed the Civil Rights Act. This
law formed a 6-member commission on Civil Rights which had the power
to investigate cases involving deprivation of the right to vote
and of equal protection laws because of color, religion, race or
national origin. The commission had the power to make legal cases
and move the courts with regard to the complaints and the grievances
received by it.