CU Âé¶čÓ°Ôș scholar Ashleigh Lawrence-Sanders reflects on what has and hasnât changed since 1964
Over a five-year span between 1865 and 1870, following the end of the Civil War, three constitutional amendments were ratified to end slavery (), make formerly enslaved people U.S. citizens () and give all men the right to vote regardless of ârace, color, or previous condition of servitudeâ ().
In the decades that followed, however, and despite provision that âthe Congress shall have power to enforce this article by appropriate legislation,â various states and municipalities passed âJim Crowâ laws, abused poll taxes and literacy tests to limit voting and condoned racially motivated violence to enforce segregation and disenfranchise African Americans.
But on July 2, 1964, in the midst of a civil rights movement that had been growing in voice and numbers for many years, President Lyndon Johnson signed the (CRA) into law. This act integrated public schools and facilities; prohibited discrimination based on race, sex, color, religion and national origin in public places and in hiring and employment; and created the Equal Employment Opportunity Commission.
Sixty years later, the Civil Rights Act is still considered a landmark of U.S. legislation, but does it mean today what it did in 1964?Ìę ÌęÌę
âSimilar to the Voting Rights Act of 1965, the CRA is something we almost take for granted as something that has existed for a good chunk of most peopleâs lifetimes,â says Ashleigh Lawrence-Sanders, an assistant professor of African American and U.S. history in the Âé¶čÓ°Ôș Department of History. âEverything from Brown v. Board onâthe Montgomery bus boycott, sit-ins, all these things were leading to this Civil Rights Act.
âI think for civil rights activists, though, itâs a complicated story. A lot of the actual issues that lead to material conditions being different for Black people still have not changed enough. We havenât closed the racial wealth gap, thereâs still structural racism in policing, housing and employment. As violent as the moments at lunch counter sit-ins were, in a way the harder thing is saying, âBlack people should be able to live in this neighborhoodâ or âBlack and white kids should be going to the same schoolsâ or âBlack people are experiencing discrimination at these jobs and people in positions of power are keeping them away.â People now are being told itâs either unfixable or itâs not a problem, and this is where weâre at 60 years later.â
Protecting civil rights
For almost 100 years following the end of the Civil War and Reconstruction, and despite three constitutional amendments that ostensibly ensured equal rights and legal protections for African Americans, most experienced anything butâand not just in the South, but throughout the United States. In in 1896, the U.S. Supreme Court even ruled that segregation didnât violate the 14th Amendment.
So, it wasnât just a culmination of big events that occasionally garnered media attentionâKu Klux Klan marches, the Tulsa and Rosewood massacres, the murder of Emmett Tillâbut the daily experiences of âredlinedâ neighborhoods, âsundownâ towns, denial of employment, wage inequity, separate entrances and a hundred other inequalities and injustices that germinated the civil rights movement.
âOne of the things I always show my students about the March on Washington is what people were actually asking for, and that the desire for jobs and equal employment were such a huge part of why the march occurred,â Lawrence-Sanders explains. âWe get caught up in MLKâs famous speech about integration, but one of the demands of the march was an end to police brutality and police violence, which is something they wanted in the Civil Rights Act that didnât make it in there.â
As the civil rights movement increasingly gained footing and voice, federal officials were increasingly called on to respond. In the , Congress established the of the Department of Justice as well as the âto provide means of further securing and protecting the civil rights of persons within the jurisdiction of the United States.â
When John F. Kennedy took office in 1961, he initially postponed supporting anti-discrimination measures, but soon couldnât ignore the state-sanctioned violence being perpetrated against civil rights activists and protesters throughout the country. In June 1963, Kennedy proposed broad civil rights legislation, that âthis nation, for all its hopes and all its boasts, will not be fully free until all its citizens are free.â
After Kennedyâs assassination, Lyndon Johnson continued pursuing civil rights legislation. After a 75-day filibuster, the Senate voted 73-27 in favor of the bill and Johnson signed the Civil Rights Act of 1964 into law July 2.
âThe activism continuesâ
âNow we tend to forget that this was not the end of the movement,â Lawrence-Sanders says. âA lot of further legislation followed. We were still seeing violent desegregation and busing well into the â70s.â
Housing discrimination, addressed in the , was another big issueâand remains one today, Lawrence-Sanders says. âWe still deal with housing segregation and discrimination, and itâs often treated as the exception instead of structural racism, which has become a boogeyman term. The act in â68 had provisions about how renting and selling and financing a house canât be discriminatory based on race or sex, and people violate that constantly. There was last month about a woman trying to buy a condo and the seller backed out because sheâs Black.
âThe frustrating thing about this is that Black people have always suspected that these incidences of racism happen and been called crazy or paranoid, and when these articles appear, Black folks are saying, âNo, weâve proven it, not just with the knowledge of how weâve been treated over time, but itâs finally been exposed by data.â When I was living in New York City, there were undercover investigations that discovered that taxis donât stop for Black people, rental apartments donât rent to Black people at same rate as white people, real estate agents are steering Black people to certain places and steering white people away.â
An important legacy of the CRA is that it established enforcement mechanisms for addressing discrimination, but it stopped short of addressing all the ways structural racism exists in society, Lawrence-Sanders says. It also often gets caught in selective historical memory.
âI think thatâs why people tend freeze Martin Luther King in 1963 and the March on Washington,â she says. âBecause after the CRA passed, activists were asking for things that went too far for the government. Collectively, we tend to have no use for activists when they demand more and say, âThat wasnât enough, we want more, we want to go further.â The CRA shows what a major legislative change can accomplish, but beyond that, what else happens? The activism continues.â
Top image: President Lyndon Johnson signs the Civil Rights Act of 1964 into law. (Photo: Cecil Stoughton/Lyndon B. Johnson Library and Museum)
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