The federal court ruling striking down Mississippi’s ban on same-sex couples getting married is worth reading for many reasons. Paul wrote earlier about U.S. District Judge Carlton Reeves’s compelling explanation of the role of the courts in protecting Americans’ constitutional rights. The ruling is also filled with rich historical detail about the extent to which the state of Mississippi and the federal government have discriminated against LGBT citizens over the years, as well as the ways in which groups like the Ku Klux Klan and the notorious Mississippi State Sovereignty Commission used anti-gay rhetoric and innuendo in their attacks on African American civil rights leaders and institutions.
This history is an important rebuttal to bogus claims by anti-gay activists that gay people do not need to have their rights protected in law because they have never suffered from discrimination.
Quotes from the opinion, with citations removed for readability:
Any claim that Mississippians quietly accommodated gay and lesbian citizens could no longer be made in the 1960s, when prejudice against homosexuals (and other groups) became more visible during the civil rights movement. Segregationists called their opponents “racial perverts,” while U.S. Marshals – summoned to enforce civil rights – were labeled “sadists and perverts.” Klan propaganda tied together “Communists, homosexuals, and Jews, fornicators and liberals and angry blacks – infidels all.”
One Klan photo showed a black man touching the crotch of the white man sitting next to him, attempting to make the link between racial equality and homosexuality explicit.
Civil rights leaders had predicted the attack. In selecting the Freedom Riders, James Farmer had conducted interviews to weed out “Communists, homosexuals, [and] drug addicts.” “We had to screen them very carefully because we knew that if they found anything to throw at us, they would throw it,” he explained.
This reflected society’s notion that homosexuals were “undesirables.” It also placed civil rights leaders in the position of seeking rights for one disenfranchised group while simultaneously seeking to avoid association with another disenfranchised group. Mississippians opposed to integration harassed several civil rights leaders for their homosexuality. Bill Higgs was a prominent gay Mississippi civil rights lawyer. He was targeted for his activism, convicted in absentia of delinquency of a minor, and threatened with “unlimited jailings” should he ever return to Mississippi.
He never did.
Reeves also discusses the case of Bayard Rustin, the openly gay African American civil rights activist who organized the 1963 March on Washington at which Martin Luther King, Jr. delivered his famous “I Have a Dream” speech.
The most interesting part of Rustin’s story, though – and the reason why he merits more discussion here – is that he was subjected to anti-gay discrimination by both white and black people, majority and minority alike. Congressman Adam Clayton Powell, a black Democrat, threatened to feed the media a false story that Rustin was having an affair with Martin Luther King, Jr., unless Dr. King canceled a protest at the Democratic National Convention.
Other persons within the civil rights movement were similarly “put off by Rustin’s homosexuality.” Roy Wilkins, an NAACP executive, “was particularly nasty to Bayard Rustin – very hostile,” in part because he “was very nervous about Bayard’s homosexuality.” Dr. King eventually had Rustin resign “because of persistent criticism of Rustin’s homosexuality and Communist ties and because of Congressman Adam Clayton Powell’s threat.”
Rustin reemerged years later as one of the principal organizers of the March on Washington for Jobs and Freedom. A. Philip Randolph and Dr. King wanted Rustin as the march’s chief organizer, but Wilkins pushed back “because [Rustin] was gay . . . something which in particular would offend J. Edgar Hoover.” The group ultimately “decided Randolph would be in charge of the march, that Rustin would be the principal organizer, but that he would stay somewhat in the background.”
The concern about offending Hoover was prescient, as the FBI Director and other top officials soon moved to use Rustin’s homosexuality against him. In August 1963, FBI Director J. Edgar Hoover, Attorney General Robert F. Kennedy, and President John F. Kennedy urgently reviewed the transcript of a FBI wiretap in which Dr. King acknowledged Rustin’s homosexuality. A day later, Senator Strom Thurmond of South Carolina “rose in the Senate to denounce Rustin for sexual perversion, vagrancy, and lewdness.” FBI “headquarters badgered the field offices for new details” of Rustin’s sex life for months.
As Reeves makes clear, this kind of persecution was not only reserved for civil rights activists.
Rustin’s story speaks to the long tradition of Americans from all walks of life uniting to discriminate against homosexuals. It did not matter if one was liberal or conservative, segregationist or civil rights leader, Democrat or Republican; homosexuals were “the other.” Being homosexual invited scrutiny and professional consequences.
These consequences befell quite a few Mississippians. Ted Russell, the conductor of the Jackson Symphony Orchestra, lost his job and his Belhaven College faculty position after he was caught in a gay sex sting by the Jackson Police Department. In the early 1980s, Congressman Jon Hinson drew scrutiny for frequenting an X-rated gay movie theater in Washington, D.C., and although he won reelection, he resigned when he returned to Washington and was caught performing gay sex acts in a Capitol Hill bathroom. As early as 1950, the State’s flagship institution of higher learning, the University of Mississippi, “forced three homosexual students and one faculty member to leave the university” because it “did not tolerate homosexuality.” Lesbian instructors at Mississippi University for Women were pushed out of their jobs, while students at other Mississippi public universities were expelled for their homosexuality. A 1979 article on gay Jacksonians said “most” remained closeted because “they fear losing their jobs, friends and families.”
Reeves discusses the anti-gay actions of the Mississippi State Sovereignty Commission, which was created in 1956 to maintain racial segregation by any means necessary.
Sovereignty Commission “[i]nvestigators and local officials also targeted local blacks and outsiders involved in civil rights activities as being sexually deviant.” They singled out Rust College, a private historically black institution, on reports that instructors there were “homosexuals and racial agitators.”
Those with power took smaller, yet meaningful, actions to discourage gay organizing and association in Mississippi. The State refused to let gay rights organizations incorporate as nonprofits. The newspaper at Mississippi State University – student-led, with an elected editor – refused to print a gay organization’s advertisement notifying gay and lesbian students of an off-campus “Gay Center” offering “counseling, legal aid and a library of homosexual literature. An advisor to the U.S. Commission on Civil Rights concluded that the Jackson Police Department took “a series . . . of maneuvers to harass members of Jackson’s gay community.” “As of 1985 not a single university campus in Mississippi recognized a lesbian and gay student group.”
Reeves’s ruling also makes clear that official discrimination is not only in the state’s past.
In 1990, the Mississippi Supreme Court affirmed a trial judge who declared that a mother, who was a lesbian, could not visit her children in the presence of her female partner. In Weigand v. Houghton, the Mississippi Supreme Court affirmed a trial judge who refused residential custody to a father in large part because he was in a long-term relationship with another man. A dissent complained that the father’s sexuality had impaired the court’s judgment, since the child would now have to live with “the unemployed stepfather [who] is a convicted felon, drinker, drug-taker, adulterer, wife-beater, and child-threatener, and . . . the mother [who] has been transitory, works two jobs, and has limited time with the child.”
In 2002, one of Mississippi’s justice court judges, frustrated with advances in gay rights in California, Vermont, and Hawaii, “opined that homosexuals belong in mental institutions.” Although he was reprimanded and fined by the Mississippi Commission on Judicial Performance, the Mississippi Supreme Court vacated the sanctions. It was more important for gay citizens to know that their judge was biased and seek his recusal than to “forc[e] judges to conceal their prejudice against gays and lesbians,” it wrote. The “Commission urges us to ‘calm the waters’ when, as the guardians of this state’s judicial system, we should be helping our citizens to spot the crocodiles.”
Reeves details a number of recent complaints and lawsuits challenging discriminatory treatment by state and local governments as well as legal inequities such as the fact that Mississippi law permits a single person to adopt a child but not gay or lesbian couples.
This kind of restriction was once supported by pseudoscience. We now recognize that it actually “harms the children, by telling them they don’t have two parents, like other children, and harms the parent who is not the adoptive parent by depriving him or her of the legal status of a parent.”
Reeves concludes the historical section of the ruling this way:
“The past is never dead. It’s not even past.” That is as true here as anywhere else. Seven centuries of strong objections to homosexual conduct have resulted in a constellation of State laws that treat gay and lesbian Mississippians as lesser, “other” people. Thus, it is easy to conclude that they have suffered through a long and unfortunate history of discrimination.
On the evening of the announcement that a grand jury decided Darren Wilson, the Missouri police officer who killed unarmed teenager Michael Brown, would not face charges, two storms were capturing the attention of the American people. One was the strong winds that created havoc from the South to the North, and the second was the manifestation of pain through protest over the grand jury's decision.
Last week, Missouri Governor Jay Nixon declared a state of emergency in Ferguson. States of emergency are generally declared in response to natural disasters or civil upheaval. Last week the Ferguson activist group Hands Up United tweeted, in response to Gov. Nixon's announcement, "Our country is in a state of emergency. And not becuz of protestors."
As other advocates have pointed out, we were already in a state of emergency.
Since that fateful day in August when Brown was killed, we have heard analysis from commentators on television, radio, and social media, in barber and beauty shops, and on street corners, about what will happen in Ferguson after the immediate call for criminal justice. We saw a military-style police crackdown on peaceful demonstrators, another sterile review of our broken policing system, and new and veteran activists protesting, organizing, registering people to vote, and bearing witness to a grieving community's call yet again for change in cities across America where silence is not an option in the wake of the death of another unarmed African American male.
A "state of emergency," we are reminded, was declared when Katrina hit the vulnerable walls of New Orleans and flooded neighborhoods. But we were also in a "state of emergency" after the verdict was rendered in the shooting death of Jordan Davis. A "state of emergency" was evident in the November 4 midterm elections when I saw "democracy only for some" in the ten states where I traveled. Our broken immigration system created a "state of emergency" for families that have been separated, threatened with deportation, treated as collateral damage in political debates.
USA Today recently reported that on average there were 96 cases of a white police officer killing a black person each year between 2006 and 2012, based on justifiable homicides reported to the FBI by local police. Mother Jones notes that according to the Department of Justice's 2008 Police Public Contact Survey, "[o]f those who felt that police had used or threatened them with force that year, about 74 percent felt those actions were excessive. In another DOJ survey of police behavior during traffic and street stops in 2011, blacks and Hispanics were less likely than whites to believe that the reason for the stop was legitimate."
That is a state of emergency.
The 1,700 faith leaders in the alliance of progressive African American ministers I lead, frequently primary sources of support in tragedies like this, are too often ministering to mothers and fathers who find themselves suddenly without a child who was alive and well when the day began. These leaders have been fervently preaching, teaching, counseling, meeting with chiefs of police and other city officials, communities and families about the dual system of justice that is still prevalent in the 21st century. While some live in or near Ferguson and others traveled to Ferguson to show support, more just had to walk out their doors, down their streets, to their corners to see the results of delayed justice.
We were already in a state of emergency because of the gun violence in communities across the country. But today, when African American youth are so often shot and killed, such as the 12-year-old in Cleveland, Ohio this past weekend, by those who are charged to protect our communities, the climate that attempts to justify the daily reality of racial profiling and African Americans being nearly "four times as likely to experience the use of force" in police encounters, can no longer be tolerated. Yes, we stay in a state of emergency when African Americans receive longer sentences than Caucasians for the same crimes and when the troubling results of new polling show the racial divide on the shooting death of Michael Brown is as wide as the Mississippi River is long.
The decision announced on Monday evening is certainly not the final chapter, but sadly is another chapter in the experience of living non-white in America. Michael Brown Sr. says he wants his son's death to spark "incredible change, positive change," no matter the grand jury's decision. Continuing dialogue and movement on police violence and the relationship between law enforcement and the African American community must happen daily in living rooms, classrooms, places of worship, and work places around the country, for as feminist scholar bell hooks wrote, "[S]ilences in the face of racist assault are acts of complicity." She is right. Today all Americans are being called to speak out against the ongoing violation of the most fundamental right there is - the recognition of being a part of "We the People."
Dr. King said in 1963, "The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy." We are in a state of emergency, a time of challenge and controversy, but not because of the protestors. That state of emergency will continue until we stand, become uncomfortable, and demand a justice system that addresses the manifestation of pain in protest, the further chipping away of respect, and the real state of emergency our country faces.
In 2012, People For the American Way Foundation published a memo highlighting many of the legislative and administrative tactics states were using to undermine voter participation in elections, all under trumped-up claims of “voter fraud.”
Now according to a new Brennan Center report, recently-enacted restrictive voter laws may have helped tip the scales in the 2014 midterm elections this past Tuesday. A number of states around the country have implemented restrictions to voting, including new voter ID laws, cuts to early voting, and faulty voter purges. These changes have been found to have a negative impact on low-income voters, minority communities and young voters.
As quoted in a Mother Jones article yesterday, report author Wendy Weiser pointed out, "In several key races, the margin of victory came very close to the likely margin of disenfranchisement." One example from the article:
North Carolina Senate: Republican House state speaker Thom Tillis beat incumbent Democratic Sen. Kay Hagan by 48,000 votes.
In 2013, North Carolina enacted a law—which Tillis helped write—limiting early voting and same-day registration, which the Justice Department warned would likely depress minority turnout. During the last midterms in 2010, about 200,000 North Carolinians cast their ballots during early voting days that the state's new voting law eliminated.
To read more about the attack on voters and how you can help fight back, check out The Right To Vote section on our website.
With elections for tight races all across the country just a few days away, People For the American Way Foundation’s Young People For (YP4) program is pulling out all the stops to help young voters get to the polls and cast their vote this November 4.
As overreaching new voter ID laws threaten to stifle the voices of Americans in a number of states, getting out the vote has never been more critical. YP4 Fellows and alumni have been working hard to ensure that students, people of color, women and other underrepresented communities get their equal say in our democratic system. Our 25 YP4 Vote Organizers are spread across the country in 15 states, working to conduct community outreach, voter engagement, and volunteer recruitment to help mobilize their communities to vote.
Throughout this year, YP4 activists have also advocated for resolutions to enfranchise student voters and increased the number of young registered voters by over 2,000 through dozens of trainings and events.
YP4 has dedicated itself this election cycle to helping young leaders make informed and motivated voters out of those who are routinely overlooked by politicians. In a year in which some lawmakers have sought to discourage voter turnout, campaigns like YP4’s ARRIVE WITH 5 initiative, which encourages voters to bring five or more friends to the polls, help shape a government that actually represents the governed.
The midterm election is no time to stay at home. In a campaign season of extremely narrow races, each and every vote has an impact. We can only make our democracy work for everyone when all Americans are encouraged to engage in civic life and realize what a real difference their voices can make.
Yesterday, a three-judge panel of the 9th Circuit Court of Appeals ruled unanimously in favor of equality, striking down same-sex marriage bans in Idaho and Nevada.
Judge Stephen Reinhardt delivered the ruling for the panel, which applied heightened scrutiny because the bans are applied on the basis of sexual orientation, and concluded that the state laws violate the equal protection rights of lesbians and gays who wish to marry. The court took note of the particular harm marriage bans impose on families:
“To allow same-sex couples to adopt children and then to label their families as second-class because the adoptive parents are of the same sex is cruel as well as unconstitutional. Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values.’”
The ruling follows the Supreme Court’s refusal to hear the appeals of five states seeking to reverse similar cases in which a lower court ruled state marriage bans unconstitutional. This morning, however, Supreme Court Justice Anthony Kennedy temporarily blocked the appeals court ruling and asked for a response from the plaintiffs involved in Idaho’s marriage lawsuit by Thursday at 5 pm.