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Competing Justices: A Comment on Race and Gender Discrimination

Lane Feler

The Then

Fifty years ago, masses took to the streets to demand equal rights under law in this country, culminating in one of the most comprehensive statutory overhauls of U.S. history. The 1964 Civil Rights Act (CRA) represented a political moment, one of social inertia and progressive change. Moreover, it was an inclusive outcome, recognizing the many interwoven strands of discrimination; to root out discrimination entirely, the CRA was designed to attack from all sides, be it discrimination based upon race or sex. Fifty years have passed, but more keenly than ever do we see still-existent tears in the fabric of American society, even amongst those seeking to repair it. If we look closely at the history of the CRA, we can see the moment may continue on anomalously.

Alice Paul
Alice Paul

As lore would have it, the inclusion of the Sex Amendment to the CRA boiled down to a stab at political jettisoning; that is, certain Congressmen believed in earnest that adding “sex” to the protections of the Act would effectively bury it. While some parties certainly did—and continue—to believe this tale,[1] the Sex Amendment instead stands as testament to a long-fought battle by women such as Alice Paul, whose earliest claim to fame was her status as a militant suffragist of the Pankhurst ilk. As far as Paul was concerned, where the Equal Rights Amendment had failed, the CRA might succeed. Congressman Herbert Smith—a friend to Paul whose political interests conveniently lay in deregulating the female workforce—submitted the Sex Amendment. The rest, as they say, is history.

Continue reading Competing Justices: A Comment on Race and Gender Discrimination

Coalition Building in the Higher-Education Melting Pot

Dennis Fan

Now-faded black-and-white pictures remind us of that famous moment in Selma, Alabama: There marched Dr. Martin Luther King, Jr. and Rabbi Abraham Joshua Heschel, physically locked together in a common front.

And so goes the histories of many of the nation’s civil-rights movements. While the civil-rights movement of the 1950s and 1960s was undeniably about a long history of oppression for Blacks in America, something more was in the air. Blacks did not just receive their rights through their protests that resulted in their Civil Rights Act of 1964. Instead, they pulled together unions, churches, civic organizations, and students (all comprising many racial groups) to craft an Act that satiated a multiplicity of interests.[1] Similarly, the more recent LGBT-rights movement built momentum by drawing in straight allies, some perhaps on the Supreme Court.[2]

But what happens when the interests of politically disadvantaged groups become misaligned? Continue reading Coalition Building in the Higher-Education Melting Pot