Search This Blog

Sunday, May 23, 2021

Jim Crow laws

From Wikipedia, the free encyclopedia

Jim Crow laws were state and local laws that enforced racial segregation in the Southern United States. These laws were enacted in the late 19th and early 20th centuries by white Southern Democrat-dominated state legislatures to disenfranchise and remove political and economic gains made by black people during the Reconstruction period. Jim Crow laws were enforced until 1965.

In practice, Jim Crow laws mandated racial segregation in all public facilities in the states of the former Confederate States of America and in some others, beginning in the 1870s. Jim Crow laws were upheld in 1896 in the case of Plessy vs. Ferguson, in which the U.S. Supreme Court laid out its "separate but equal" legal doctrine for facilities for African Americans. Moreover, public education had essentially been segregated since its establishment in most of the South after the Civil War in 1861–65.

The legal principle of "separate but equal" racial segregation was extended to public facilities and transportation, including the coaches of interstate trains and buses. Facilities for African Americans were consistently inferior and underfunded compared to facilities for white Americans; sometimes, there were no facilities for the black community at all. As a body of law, Jim Crow institutionalized economic, educational, and social disadvantages for African Americans living in the South.

Jim Crow laws and Jim Crow state constitutional provisions mandated the segregation of public schools, public places, and public transportation, and the segregation of restrooms, restaurants, and drinking fountains between white and black people. The U.S. military was already segregated. President Woodrow Wilson, a Southern Democrat, initiated the segregation of federal workplaces in 1913.

In 1954, segregation of public schools (state-sponsored) was declared unconstitutional by the U.S. Supreme Court under Chief Justice Earl Warren in the landmark case Brown v. Board of Education. In some states, it took many years to implement this decision, while the Warren Court continued to rule against the Jim Crow laws in other cases such as Heart of Atlanta Motel, Inc. v. United States (1964). Generally, the remaining Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Etymology

The phrase "Jim Crow Law" can be found as early as 1884 in a newspaper article summarizing congressional debate. The term appears in 1892 in the title of a New York Times article about Louisiana requiring segregated railroad cars. The origin of the phrase "Jim Crow" has often been attributed to "Jump Jim Crow", a song-and-dance caricature of black people performed by white actor Thomas D. Rice in blackface, which first surfaced in 1828 and was used to satirize Andrew Jackson's populist policies. As a result of Rice's fame, "Jim Crow" by 1838 had become a pejorative expression meaning "Negro". When southern legislatures passed laws of racial segregation directed against black people at the end of the 19th century, these statutes became known as Jim Crow laws.

Origins

In January 1865, an amendment to the Constitution to abolish slavery in the United States was proposed by Congress, and on December 18, 1865, it was ratified as the Thirteenth Amendment formally abolishing slavery.

Cover of an early edition of "Jump Jim Crow" sheet music (c. 1832)
 
Freedmen voting in New Orleans, 1867

During the Reconstruction period of 1865–1877, federal laws provided civil rights protections in the U.S. South for freedmen, African Americans who had formerly been slaves, and the minority of black people who had been free before the war. In the 1870s, Democrats gradually regained power in the Southern legislatures, after having used insurgent paramilitary groups, such as the White League and the Red Shirts, to disrupt Republican organizing, run Republican officeholders out of town, and intimidate black people to suppress their voting. Extensive voter fraud was also used. In one instance, an outright coup or insurrection in coastal North Carolina led to the violent removal of democratically elected non-Democratic party executive and representative officials, who were either hunted down or hounded out. Gubernatorial elections were close and had been disputed in Louisiana for years, with increasing violence against black people during campaigns from 1868 onward.

In 1877, a compromise to gain Southern support in the presidential election (a corrupt bargain) resulted in the government's withdrawing the last of the federal troops from the South. White Democrats had regained political power in every Southern state. These Southern, white, Democratic Redeemer governments legislated Jim Crow laws, officially segregating black people from the white population. Jim Crow laws were a manifestation of authoritarian rule specifically directed at one racial group.

Blacks were still elected to local offices throughout the 1880s in local areas with large black populations, but their voting was suppressed for state and national elections. Democrats passed laws to make voter registration and electoral rules more restrictive, with the result that political participation by most black people and many poor white people began to decrease. Between 1890 and 1910, ten of the eleven former Confederate states, starting with Mississippi, passed new constitutions or amendments that effectively disenfranchised most black people and tens of thousands of poor white people through a combination of poll taxes, literacy and comprehension tests, and residency and record-keeping requirements. Grandfather clauses temporarily permitted some illiterate white people to vote but gave no relief to most black people.

Voter turnout dropped drastically through the South as a result of such measures. In Louisiana, by 1900, black voters were reduced to 5,320 on the rolls, although they comprised the majority of the state's population. By 1910, only 730 black people were registered, less than 0.5% of eligible black men. "In 27 of the state's 60 parishes, not a single black voter was registered any longer; in 9 more parishes, only one black voter was." The cumulative effect in North Carolina meant that black voters were completely eliminated from voter rolls during the period from 1896 to 1904. The growth of their thriving middle class was slowed. In North Carolina and other Southern states, black people suffered from being made invisible in the political system: "[W]ithin a decade of disfranchisement, the white supremacy campaign had erased the image of the black middle class from the minds of white North Carolinians." In Alabama tens of thousands of poor whites were also disenfranchised, although initially legislators had promised them they would not be affected adversely by the new restrictions.

Those who could not vote were not eligible to serve on juries and could not run for local offices. They effectively disappeared from political life, as they could not influence the state legislatures, and their interests were overlooked. While public schools had been established by Reconstruction legislatures for the first time in most Southern states, those for black children were consistently underfunded compared to schools for white children, even when considered within the strained finances of the postwar South where the decreasing price of cotton kept the agricultural economy at a low.

Like schools, public libraries for black people were underfunded, if they existed at all, and they were often stocked with secondhand books and other resources. These facilities were not introduced for African Americans in the South until the first decade of the 20th century. Throughout the Jim Crow era, libraries were only available sporadically. Prior to the 20th century, most libraries established for African Americans were school-library combinations. Many public libraries for both European-American and African-American patrons in this period were founded as the result of middle-class activism aided by matching grants from the Carnegie Foundation.

In some cases, progressive measures intended to reduce election fraud, such as the Eight Box Law in South Carolina, acted against black and white voters who were illiterate, as they could not follow the directions. While the separation of African Americans from the white general population was becoming legalized and formalized during the Progressive Era (1890s–1920s), it was also becoming customary. For instance, even in cases in which Jim Crow laws did not expressly forbid black people to participate in sports or recreation, a segregated culture had become common.

In the Jim Crow context, the presidential election of 1912 was steeply slanted against the interests of African Americans. Most black people still lived in the South, where they had been effectively disfranchised, so they could not vote at all. While poll taxes and literacy requirements banned many poor or illiterate Americans from voting, these stipulations frequently had loopholes that exempted European Americans from meeting the requirements. In Oklahoma, for instance, anyone qualified to vote before 1866, or related to someone qualified to vote before 1866 (a kind of "grandfather clause"), was exempted from the literacy requirement; but the only persons who had the franchise before that year were white, or European-American males. European Americans were effectively exempted from the literacy testing, whereas black Americans were effectively singled out by the law.

Woodrow Wilson was a Democrat elected from New Jersey, but he was born and raised in the South, and was the first Southern-born president of the post-Civil War period. He appointed Southerners to his Cabinet. Some quickly began to press for segregated workplaces, although the city of Washington, D.C., and federal offices had been integrated since after the Civil War. In 1913, for instance, Secretary of the Treasury William Gibbs McAdoo – an appointee of the President – was heard to express his opinion of black and white women working together in one government office: "I feel sure that this must go against the grain of the white women. Is there any reason why the white women should not have only white women working across from them on the machines?"

The Wilson administration introduced segregation in federal offices, despite much protest from African-American leaders and white progressive groups in the north and midwest. He appointed segregationist Southern politicians because of his own firm belief that racial segregation was in the best interest of black and European Americans alike. At the Great Reunion of 1913 at Gettysburg, Wilson addressed the crowd on July 4, the semi-centennial of Abraham Lincoln's declaration that "all men are created equal":

How complete the union has become and how dear to all of us, how unquestioned, how benign and majestic, as state after state has been added to this, our great family of free men!

In sharp contrast to Wilson, a Washington Bee editorial wondered if the "reunion" of 1913 was a reunion of those who fought for "the extinction of slavery" or a reunion of those who fought to "perpetuate slavery and who are now employing every artifice and argument known to deceit" to present emancipation as a failed venture. Historian David W. Blight notes that the "Peace Jubilee" at which Wilson presided at Gettysburg in 1913 "was a Jim Crow reunion, and white supremacy might be said to have been the silent, invisible master of ceremonies".

In Texas, several towns adopted residential segregation laws between 1910 and the 1920s. Legal strictures called for segregated water fountains and restrooms. The exclusion of African Americans was also found support in the Republican lily-white movement.

Historical development

Early attempts to break Jim Crow

Sign for the "colored" waiting room at a bus station in Durham, North Carolina, May 1940

The Civil Rights Act of 1875, introduced by Charles Sumner and Benjamin F. Butler, stipulated a guarantee that everyone, regardless of race, color, or previous condition of servitude, was entitled to the same treatment in public accommodations, such as inns, public transportation, theaters, and other places of recreation. This Act had little effect in practice. An 1883 Supreme Court decision ruled that the act was unconstitutional in some respects, saying Congress was not afforded control over private persons or corporations. With white southern Democrats forming a solid voting bloc in Congress, due to having outsize power from keeping seats apportioned for the total population in the South (although hundreds of thousands had been disenfranchised), Congress did not pass another civil rights law until 1957.

In 1887, Rev. W. H. Heard lodged a complaint with the Interstate Commerce Commission against the Georgia Railroad company for discrimination, citing its provision of different cars for white and black/colored passengers. The company successfully appealed for relief on the grounds it offered "separate but equal" accommodation.

In 1890, Louisiana passed a law requiring separate accommodations for colored and white passengers on railroads. Louisiana law distinguished between "white", "black" and "colored" (that is, people of mixed European and African ancestry). The law had already specified that black people could not ride with white people, but colored people could ride with white people before 1890. A group of concerned black, colored and white citizens in New Orleans formed an association dedicated to rescinding the law. The group persuaded Homer Plessy to test it; he was a man of color who was of fair complexion and one-eighth "Negro" in ancestry.

In 1892, Plessy bought a first-class ticket from New Orleans on the East Louisiana Railway. Once he had boarded the train, he informed the train conductor of his racial lineage and took a seat in the whites-only car. He was directed to leave that car and sit instead in the "coloreds only" car. Plessy refused and was immediately arrested. The Citizens Committee of New Orleans fought the case all the way to the United States Supreme Court. They lost in Plessy v. Ferguson (1896), in which the Court ruled that "separate but equal" facilities were constitutional. The finding contributed to 58 more years of legalized discrimination against black and colored people in the United States.

In 1908 Congress defeated an attempt to introduce segregated streetcars into the capital.

Racism in the United States and defenses of Jim Crow

1904 caricature of "White" and "Jim Crow" rail cars by John T. McCutcheon. Despite Jim Crow's legal pretense that the races be "separate but equal" under the law, non-whites were given inferior facilities and treatment.

White Southerners encountered problems in learning free labor management after the end of slavery, and they resented African Americans, who represented the Confederacy's Civil War defeat: "With white supremacy being challenged throughout the South, many whites sought to protect their former status by threatening African Americans who exercised their new rights." White Democrats used their power to segregate public spaces and facilities in law and reestablish social dominance over black people in the South.

One rationale for the systematic exclusion of African Americans from southern public society was that it was for their own protection. An early 20th-century scholar suggested that allowing black people to attend white schools would mean "constantly subjecting them to adverse feeling and opinion", which might lead to "a morbid race consciousness". This perspective took anti-black sentiment for granted, because bigotry was widespread in the South after slavery became a racial caste system.

World War II and post-war era

In 1944, Associate Justice Frank Murphy introduced the word "racism" into the lexicon of U.S. Supreme Court opinions in Korematsu v. United States, 323 U.S. 214 (1944). In his dissenting opinion, Murphy stated that by upholding the forced relocation of Japanese Americans during World War II, the Court was sinking into "the ugly abyss of racism". This was the first time that "racism" was used in Supreme Court opinion (Murphy used it twice in a concurring opinion in Steele v Louisville & Nashville Railway Co 323 192 (1944) issued that day). Murphy used the word in five separate opinions, but after he left the court, "racism" was not used again in an opinion for two decades. It next appeared in the landmark decision of Loving v. Virginia, 388 U.S. 1 (1967).

Numerous boycotts and demonstrations against segregation had occurred throughout the 1930s and 1940s. The NAACP had been engaged in a series of litigation cases since the early 20th century in efforts to combat laws that disenfranchised black voters across the South. Some of the early demonstrations achieved positive results, strengthening political activism, especially in the post-World War II years. Black veterans were impatient with social oppression after having fought for the United States and freedom across the world. In 1947 K. Leroy Irvis of Pittsburgh's Urban League, for instance, led a demonstration against employment discrimination by the city's department stores. It was the beginning of his own influential political career.

After World War II, people of color increasingly challenged segregation, as they believed they had more than earned the right to be treated as full citizens because of their military service and sacrifices. The Civil Rights Movement was energized by a number of flashpoints, including the 1946 police beating and blinding of World War II veteran Isaac Woodard while he was in U.S. Army uniform. In 1948 President Harry S. Truman issued Executive Order 9981, desegregating the armed services.

As the Civil Rights Movement gained momentum and used federal courts to attack Jim Crow statutes, the white-dominated governments of many of the southern states countered by passing alternative forms of restrictions.

Decline and removal

Historian William Chafe has explored the defensive techniques developed inside the African-American community to avoid the worst features of Jim Crow as expressed in the legal system, unbalanced economic power, and intimidation and psychological pressure. Chafe says "protective socialization by black people themselves" was created inside the community in order to accommodate white-imposed sanctions while subtly encouraging challenges to those sanctions. Known as "walking the tightrope," such efforts at bringing about change were only slightly effective before the 1920s.

However, this did build the foundation for later generations to advance racial equality and de-segregation. Chafe argued that the places essential for change to begin were institutions, particularly black churches, which functioned as centers for community-building and discussion of politics. Additionally, some all-black communities, such as Mound Bayou, Mississippi and Ruthville, Virginia served as sources of pride and inspiration for black society as a whole. Over time, pushback and open defiance of the oppressive existing laws grew, until it reached a boiling point in the aggressive, large-scale activism of the 1950s civil rights movement.

Brown v. Board of Education

In the landmark case Brown v. Board of Education (1954), the U.S. Supreme Court under Chief Justice Earl Warren ruled unanimously that public school segregation was unconstitutional.

The NAACP Legal Defense Committee (a group that became independent of the NAACP) – and its lawyer, Thurgood Marshall – brought the landmark case Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) before the U.S. Supreme Court under Chief Justice Earl Warren. In its pivotal 1954 decision, the Warren Court unanimously (9–0) overturned the 1896 Plessy decision. The Supreme Court found that legally mandated (de jure) public school segregation was unconstitutional. The decision had far-reaching social ramifications.

Integrating collegiate sports

Racial integration of all-white collegiate sports teams was high on the Southern agenda in the 1950s and 1960s. Involved were issues of equality, racism, and the alumni demand for the top players needed to win high-profile games. The Atlantic Coast Conference (ACC) of flagship state universities in the Southeast took the lead. First they started to schedule integrated teams from the North. Finally, ACC schools – typically under pressure from boosters and civil rights groups – integrated their teams. With an alumni base that dominated local and state politics, society and business, the ACC schools were successful in their endeavor – as Pamela Grundy argues, they had learned how to win:

The widespread admiration that athletic ability inspired would help transform athletic fields from grounds of symbolic play to forces for social change, places where a wide range of citizens could publicly and at times effectively challenge the assumptions that cast them as unworthy of full participation in U.S. society. While athletic successes would not rid society of prejudice or stereotype – black athletes would continue to confront racial slurs...[minority star players demonstrated] the discipline, intelligence, and poise to contend for position or influence in every arena of national life.

Public arena

In 1955, Rosa Parks refused to give up her seat on a city bus to a white man in Montgomery, Alabama. This was not the first time this happened – for example, Parks was inspired by 15-year-old Claudette Colvin doing the same thing nine months earlier – but the Parks act of civil disobedience was chosen, symbolically, as an important catalyst in the growth of the Civil Rights Movement; activists built the Montgomery bus boycott around it, which lasted more than a year and resulted in desegregation of the privately run buses in the city. Civil rights protests and actions, together with legal challenges, resulted in a series of legislative and court decisions which contributed to undermining the Jim Crow system.

End of legal segregation

President Johnson signs the Civil Rights Act of 1964

The decisive action ending segregation came when Congress in bipartisan fashion overcame Southern filibusters to pass the Civil Rights Act of 1964 and the Voting Rights Act of 1965. A complex interaction of factors came together unexpectedly in the period 1954–1965 to make the momentous changes possible. The Supreme Court had taken the first initiative in Brown v. Board of Education (1954) making segregation of public schools unconstitutional. Enforcement was rapid in the North and border states, but was deliberately stopped in the South by the movement called Massive Resistance, sponsored by rural segregationists who largely controlled the state legislatures. Southern liberals, who counseled moderation, were shouted down by both sides and had limited impact. Much more significant was the Civil Rights Movement, especially the Southern Christian Leadership Conference (SCLC) headed by Martin Luther King, Jr.. It largely displaced the old, much more moderate NAACP in taking leadership roles. King organized massive demonstrations, that seized massive media attention in an era when network television news was an innovative and universally watched phenomenon. SCLC, student activists and smaller local organizations staged demonstrations across the South. National attention focused on Birmingham, Alabama, where protesters deliberately provoked Bull Connor and his police forces by using young teenagers as demonstrators – and Connor arrested 900 on one day alone. The next day Connor unleashed billy clubs, police dogs, and high-pressure water hoses to disperse and punish the young demonstrators with a brutality that horrified the nation. It was very bad for business, and for the image of a modernizing progressive urban South. President John F. Kennedy, who had been calling for moderation, threatened to use federal troops to restore order in Birmingham. The result in Birmingham was compromise by which the new mayor opened the library, golf courses, and other city facilities to both races, against the backdrop of church bombings and assassinations.  In summer 1963, there were 800 demonstrations in 200 southern cities and towns, with over 100,000 participants, and 15,000 arrests. In Alabama in June 1963 Governor George Wallace escalated the crisis by defying court orders to admit the first two black students to the University of Alabama.  Kennedy responded by sending Congress a comprehensive civil rights bill, and ordered Attorney General Robert Kennedy to file federal lawsuits against segregated schools, and to deny funds for discriminatory programs. Doctor King launched a massive march on Washington in August 1963, bringing out 200,000 demonstrators in front of the Lincoln Memorial, the largest political assembly in the nation's history. The Kennedy administration now gave full-fledged support to the civil rights movement, but powerful southern congressmen blocked any legislation. After Kennedy was assassinated President Lyndon Johnson called for immediate passage of Kennedy civil rights legislation as a memorial to the martyred president. Johnson formed a coalition with Northern Republicans that led to passage in the House, and with the help of Republican Senate leader Everett Dirksen with passage in the Senate early in 1964. For the first time in history, the southern filibuster was broken and The Senate finally passed its version on June 19 by vote of 73 to 27.  The Civil Rights Act of 1964 was the most powerful affirmation of equal rights ever made by Congress. It guaranteed access to public accommodations such as restaurants and places of amusement, authorized the Justice Department to bring suits to desegregate facilities in schools, gave new powers to the Civil Rights Commission; and allowed federal funds to be cut off in cases of discrimination. Furthermore, racial, religious and gender discrimination was outlawed for businesses with 25 or more employees, as well as apartment houses. The South resisted until the last moment, but as soon as the new law was signed by President Johnson on July 2, 1964, it was widely accepted across the nation. There was only a scattering of diehard opposition, typified by restaurant owner Lester Maddox in Georgia.

In January 1964, President Lyndon Johnson met with civil rights leaders. On January 8, during his first State of the Union address, Johnson asked Congress to "let this session of Congress be known as the session which did more for civil rights than the last hundred sessions combined." On June 21, civil rights workers Michael Schwerner, Andrew Goodman, and James Chaney disappeared in Neshoba County, Mississippi, where they were volunteering in the registration of African-American voters as part of the Freedom Summer project. The disappearance of the three activists captured national attention and the ensuing outrage was used by Johnson and civil rights activists to build a coalition of northern and western Democrats and Republicans and push Congress to pass the Civil Rights Act of 1964.

On July 2, 1964, Johnson signed the historic Civil Rights Act of 1964. It invoked the Commerce Clause to outlaw discrimination in public accommodations (privately owned restaurants, hotels, and stores, and in private schools and workplaces). This use of the Commerce Clause was upheld by the Warren Court in the landmark case Heart of Atlanta Motel v. United States 379 US 241 (1964).

By 1965, efforts to break the grip of state disenfranchisement by education for voter registration in southern counties had been underway for some time, but had achieved only modest success overall. In some areas of the Deep South, white resistance made these efforts almost entirely ineffectual. The murder of the three voting-rights activists in Mississippi in 1964 and the state's refusal to prosecute the murderers, along with numerous other acts of violence and terrorism against black people, had gained national attention. Finally, the unprovoked attack on March 7, 1965, by county and state troopers on peaceful Alabama marchers crossing the Edmund Pettus Bridge en route from Selma to the state capital of Montgomery, persuaded the President and Congress to overcome Southern legislators' resistance to effective voting rights enforcement legislation. President Johnson issued a call for a strong voting rights law and hearings soon began on the bill that would become the Voting Rights Act.

The Voting Rights Act of 1965 ended legally sanctioned state barriers to voting for all federal, state and local elections. It also provided for federal oversight and monitoring of counties with historically low minority voter turnout. Years of enforcement have been needed to overcome resistance, and additional legal challenges have been made in the courts to ensure the ability of voters to elect candidates of their choice. For instance, many cities and counties introduced at-large election of council members, which resulted in many cases of diluting minority votes and preventing election of minority-supported candidates.

In 2013, the Roberts Court removed the requirement established by the Voting Rights Act that Southern states needed Federal approval for changes in voting policies. Several states immediately made changes in their laws restricting voting access. 

Influence and aftermath

African-American life

An African-American man drinking at a "colored" drinking fountain in a streetcar terminal in Oklahoma City, Oklahoma, 1939

The Jim Crow laws and the high rate of lynchings in the South were major factors that led to the Great Migration during the first half of the 20th century. Because opportunities were so limited in the South, African Americans moved in great numbers to cities in Northeastern, Midwestern, and Western states to seek better lives.

Despite the hardship and prejudice of the Jim Crow era, several black entertainers and literary figures gained broad popularity with white audiences in the early 20th century. They included influential tap dancers Bill "Bojangles" Robinson and the Nicholas Brothers, jazz musicians such as Louis Armstrong, Duke Ellington and Count Basie, and the actress Hattie McDaniel. In 1939 McDaniel was the first black person to receive an Academy Award when she won the Best Supporting Actress Oscar for her performance as Mammy in Gone with the Wind.

African-American athletes faced much discrimination during the Jim Crow period. White opposition led to their exclusion from most organized sporting competitions. The boxers Jack Johnson and Joe Louis (both of whom became world heavyweight boxing champions) and track and field athlete Jesse Owens (who won four gold medals at the 1936 Summer Olympics in Berlin) earned fame during this era. In baseball, a color line instituted in the 1880s had informally barred black people from playing in the major leagues, leading to the development of the Negro leagues, which featured many fine players. A major breakthrough occurred in 1947, when Jackie Robinson was hired as the first African American to play in Major League Baseball; he permanently broke the color bar. Baseball teams continued to integrate in the following years, leading to the full participation of black baseball players in the Major Leagues in the 1960s.

Interracial marriage

Although sometimes counted among "Jim Crow laws" of the South, statutes such as anti-miscegenation laws were also passed by other states. Anti-miscegenation laws were not repealed by the Civil Rights Act of 1964, but were declared unconstitutional by the U.S. Supreme Court (the Warren Court) in a unanimous ruling Loving v. Virginia (1967). Chief Justice Earl Warren wrote in the court opinion that "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State."

Jury trials

The Sixth Amendment to the United States Constitution grants criminal defendants the right to a trial by a jury of their peers. While federal law required that convictions could only be granted by a unanimous jury for federal crimes, states were free to set their own jury requirements. All but two states, Oregon and Louisiana, opted for unanimous juries for conviction. Oregon and Louisiana, however, allowed juries of at least 10–2 to decide a criminal conviction. Louisiana's law was amended in 2018 to require a unanimous jury for criminal convictions, effective in 2019. Prior to that amendment, the law had been seen as a remnant of Jim Crow laws, because it allowed minority voices on a jury to be marginalized. In 2020, the Supreme Court found, in Ramos v. Louisiana, that unanimous jury votes are required for criminal convictions at state levels, thereby nullifying Oregon's remaining law, and overturning previous cases in Louisiana.

Later court cases

In 1971, the U.S. Supreme Court (the Burger Court), in Swann v. Charlotte-Mecklenburg Board of Education, upheld desegregation busing of students to achieve integration.

Interpretation of the Constitution and its application to minority rights continues to be controversial as Court membership changes. Observers such as Ian F. Lopez believe that in the 2000s, the Supreme Court has become more protective of the status quo.

Remembrance

Ferris State University in Big Rapids, Michigan, houses the Jim Crow Museum of Racist Memorabilia, an extensive collection of everyday items that promoted racial segregation or presented racial stereotypes of African Americans, for the purpose of academic research and education about their cultural influence.

Saturday, May 22, 2021

Discrimination

From Wikipedia, the free encyclopedia

An African-American man drinking from a racially segregated water cooler marked "Colored", in Oklahoma City circa 1939.

Discrimination is the act of making unjustified distinctions between human beings based on the groups, classes, or other categories to which they are perceived to belong. People may be discriminated on the basis of race, gender, age, religion, or sexual orientation, as well as other categories. Discrimination especially occurs when individuals or groups are unfairly treated in a way which is worse than other people are treated, on the basis of their actual or perceived membership in certain groups or social categories. It involves restricting members of one group from opportunities or privileges that are available to members of another group.

Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including territories where discrimination is generally looked down upon. In some places, attempts such as quotas have been used to benefit those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and have sometimes been called reverse discrimination.

Etymology

The term discriminate appeared in the early 17th century in the English language. It is from the Latin discriminat- 'distinguished between', from the verb discriminare, from discrimen 'distinction', from the verb discernere. Since the American Civil War the term "discrimination" generally evolved in American English usage as an understanding of prejudicial treatment of an individual based solely on their race, later generalized as membership in a certain socially undesirable group or social category. Before this sense of the word became almost universal, it was a synonym for discernment, tact and culture as in "taste and discrimination", generally a laudable attribute; to "discriminate against" being commonly disparaged.

Definitions

Moral philosophers have defined discrimination using a normative definition. Under this normative approach, discrimination is defined as wrongfully imposed disadvantageous treatment or consideration. This is also a comparative definition. An individual need not be actually harmed in order to be discriminated against. They just need to be treated worse than others for some arbitrary reason. If someone decides to donate to help orphan children, but decides to donate less, say, to black children out of a racist attitude, then they would be acting in a discriminatory way despite the fact that the people they discriminate against actually benefit by receiving a donation. In addition to this discrimination develops into a source of oppression. It is similar to the action of recognizing someone as 'different' so much that they are treated inhumanly and degraded. This normative definition of discrimination is distinct to a descriptive definition - in the former, discrimination is wrong by definition, whereas in the latter, discrimination is only morally wrong in a given context.

The United Nations stance on discrimination includes the statement: "Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection." International bodies United Nations Human Rights Council work towards helping ending discrimination around the world.

Types of discrimination

Age

Ageism or age discrimination is discrimination and stereotyping based on the grounds of someone's age. It is a set of beliefs, norms, and values which used to justify discrimination or subordination based on a person's age. Ageism is most often directed toward elderly people, or adolescents and children.

Age discrimination in hiring has been shown to exist in the United States. Joanna Lahey, professor at The Bush School of Government and Public Service at Texas A&M, found that firms are more than 40% more likely to interview a young adult job applicant than an older job applicant. In Europe, Stijn Baert, Jennifer Norga, Yannick Thuy and Marieke Van Hecke, researchers at Ghent University, measured comparable ratios in Belgium. They found that age discrimination is heterogeneous by the activity older candidates undertook during their additional post-educational years. In Belgium, they are only discriminated if they have more years of inactivity or irrelevant employment.

In a survey for the University of Kent, England, 29% of respondents stated that they had suffered from age discrimination. This is a higher proportion than for gender or racial discrimination. Dominic Abrams, social psychology professor at the university, concluded that ageism is the most pervasive form of prejudice experienced in the UK population.

Caste

According to UNICEF and Human Rights Watch, caste discrimination affects an estimated 250 million people worldwide and is mainly prevalent in parts of Asia (India, Sri Lanka, Bangladesh, Pakistan, Nepal, Japan) and Africa. As of 2011, there were 200 million Dalits or Scheduled Castes (formerly known as "untouchables") in India.

Disability

Discrimination against people with disabilities in favor of people who are not is called ableism or disablism. Disability discrimination, which treats non-disabled individuals as the standard of 'normal living', results in public and private places and services, educational settings, and social services that are built to serve 'standard' people, thereby excluding those with various disabilities. Studies have shown that disabled people not only need employment in order to be provided with the opportunity to earn a living but they also need employment in order to sustain their mental health and well-being. Work fulfils a number of basic needs for an individual such as collective purpose, social contact, status, and activity. A person with a disability is often found to be socially isolated and work is one way to reduce his or her isolation.

In the United States, the Americans with Disabilities Act mandates the provision of equality of access to both buildings and services and is paralleled by similar acts in other countries, such as the Equality Act 2010 in the UK.

Language

Nationalists in Corsica sometimes spray-paint or shoot traffic signs in French.

Diversity of language is protected and respected by many nations which value cultural diversity. However, people are sometimes subjected to different treatment because their preferred language is associated with a particular group, class or category. Notable examples are the Anti-French sentiment in the United States as well as the Anti-Quebec sentiment in Canada targeting people who speak the French language. Commonly, the preferred language is just another attribute of separate ethnic groups. Discrimination exists if there is prejudicial treatment against a person or a group of people who either do or do not speak a particular language or languages. An example of this is when thousands of Wayúu Native Colombians were given derisive names and the same birth date, by government officials, during a campaign to provide them with identification cards. The issue was not discovered until many years later.

Another noteworthy example of linguistic discrimination is the backdrop to the Bengali Language Movement in erstwhile Pakistan, a political campaign that played a key role in the creation of Bangladesh. In 1948, Mohammad Ali Jinnah declared Urdu as the national language of Pakistan and branded those supporting the use of Bengali, the most widely spoken language in the state, as enemies of the state.

Language discrimination is suggested to be labeled linguicism or logocism. Anti-discriminatory and inclusive efforts to accommodate persons who speak different languages or cannot have fluency in the country's predominant or "official" language, is bilingualism such as official documents in two languages, and multiculturalism in more than two languages.

Name

Discrimination based on a person's name may also occur, with researchers suggesting that this form of discrimination is present based on a name's meaning, its pronunciation, its uniqueness, its gender affiliation, and its racial affiliation. Research has further shown that real world recruiters spend an average of just six seconds reviewing each résumé before making their initial "fit/no fit" screen-out decision and that a person's name is one of the six things they focus on most. France has made it illegal to view a person's name on a résumé when screening for the initial list of most qualified candidates. Great Britain, Germany, Sweden, and the Netherlands have also experimented with name-blind summary processes. Some apparent discrimination may be explained by other factors such as name frequency. The effects of name discrimination based on a name's fluency is subtle, small and subject to significantly changing norms.

Nationality

Discrimination on the basis of nationality is usually included in employment laws (see above section for employment discrimination specifically). It is sometimes referred to as bound together with racial discrimination although it can be separate. It may vary from laws that stop refusals of hiring based on nationality, asking questions regarding origin, to prohibitions of firing, forced retirement, compensation and pay, etc., based on nationality.

Discrimination on the basis of nationality may show as a "level of acceptance" in a sport or work team regarding new team members and employees who differ from the nationality of the majority of team members.

In the GCC states, in the workplace, preferential treatment is given to full citizens, even though many of them lack experience or motivation to do the job. State benefits are also generally available for citizens only. Westerners might also get paid more than other expatriates.

Race or ethnicity

German warning in German-occupied Poland 1939 – "No entrance for Poles!"
 
Antisemitic graffiti in Lithuania. The words read Juden raus (German for Jews out) and Hasse (presumably a misspelling of Hass, German for hate)
 
An African-American child at a segregated drinking fountain on a courthouse lawn, North Carolina, US 1938.

Racial and ethnic discrimination differentiates individuals on the basis of real and perceived racial and ethnic differences and leads to various forms of the ethnic penalty. It can also refer to the belief that groups of humans possess different behavioral traits corresponding to physical appearance and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different race or ethnicity. Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities. It has been official government policy in several countries, such as South Africa during the apartheid era. Discriminatory policies towards ethnic minorities include the race-based discrimination against ethnic Indians and Chinese in Malaysia After the Vietnam War, many Vietnamese refugees moved to Australia and the United States, where they face discrimination.

Region

Regional or geographic discrimination is a form of discrimination that is based on the region in which a person lives or the region in which a person was born. It differs from national discrimination because it may not be based on national borders or the country in which the victim lives, instead, it is based on prejudices against a specific region of one or more countries. Examples include discrimination against Chinese people who were born in regions of the countryside that are far away from cities that are located within China, and discrimination against Americans who are from the southern or northern regions of the United States. It is often accompanied by discrimination that is based on accent, dialect, or cultural differences.

Religious beliefs

In the 1990s, Bhutan expelled its Hindu population or forced it to leave the country in order to preserve Bhutan's Buddhist culture and identity.

Religious discrimination is valuing or treating people or groups differently because of what they do or do not believe in or because of their feelings towards a given religion. For instance, the Jewish population of Germany, and indeed a large portion of Europe, was subjected to discrimination under Adolf Hitler and his Nazi party between 1933 and 1945. They were forced to live in ghettos, wear an identifying star of David on their clothes, and sent to concentration and death camps in rural Germany and Poland, where they were to be tortured and killed, all because of their Jewish religion. Many laws (most prominently the Nuremberg Laws of 1935) separated those of Jewish faith as supposedly inferior to the Christian population.

Restrictions on the types of occupations that Jewish people could hold were imposed by Christian authorities. Local rulers and church officials closed many professions to religious Jews, pushing them into marginal roles that were considered socially inferior, such as tax and rent collecting and moneylending, occupations that were only tolerated as a "necessary evil". The number of Jews who were permitted to reside in different places was limited; they were concentrated in ghettos and banned from owning land. In Saudi Arabia, non-Muslims are not allowed to publicly practice their religions and they cannot enter Mecca and Medina. Furthermore, private non-Muslim religious gatherings might be raided by the religious police.

In a 1979 consultation on the issue, the United States commission on civil rights defined religious discrimination in relation to the civil rights which are guaranteed by the Fourteenth Amendment. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for Freedom of Religion (in the United States as secured by the First Amendment), religious discrimination occurs when someone is denied "equal protection under the law, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom".

Sex, sex characteristics, gender, and gender identity

Sexism is a form of discrimination based on a person's sex or gender. It has been linked to stereotypes and gender roles, and may include the belief that one sex or gender is intrinsically superior to another. Extreme sexism may foster sexual harassment, rape, and other forms of sexual violence. Gender discrimination may encompass sexism, and is discrimination toward people based on their gender identity or their gender or sex differences. Gender discrimination is especially defined in terms of workplace inequality. It may arise from social or cultural customs and norms.

Intersex persons experience discrimination due to innate, atypical sex characteristics. Multiple jurisdictions now protect individuals on grounds of intersex status or sex characteristics. South Africa was the first country to explicitly add intersex to legislation, as part of the attribute of 'sex'. Australia was the first country to add an independent attribute, of 'intersex status'. Malta was the first to adopt a broader framework of 'sex characteristics', through legislation that also ended modifications to the sex characteristics of minors undertaken for social and cultural reasons. Global efforts such as the United Nations Sustainable Development Goal 5 is also aimed at ending all forms of discrimination on the basis of gender and sex.

Sexual orientation

LGBT activists at Cologne Pride carrying a banner with the flags of over 70 countries where homosexuality is illegal.
 
Protests in New York City against Uganda's Anti-Homosexuality Bill.

One's sexual orientation is a "predilection for homosexuality, heterosexuality, or bisexuality". Like most minority groups, homosexuals and bisexuals are vulnerable to prejudice and discrimination from the majority group. They may experience hatred from others because of their sexuality; a term for such hatred based upon one's sexual orientation is often called homophobia. Many continue to hold negative feelings towards those with non-heterosexual orientations and will discriminate against people who have them or are thought to have them. People of other uncommon sexual orientations also experience discrimination. One study found its sample of heterosexuals to be more prejudiced against asexual people than to homosexual or bisexual people.

Employment discrimination based on sexual orientation varies by country. Revealing a lesbian sexual orientation (by means of mentioning an engagement in a rainbow organisation or by mentioning one's partner name) lowers employment opportunities in Cyprus and Greece but overall, it has no negative effect in Sweden and Belgium. In the latter country, even a positive effect of revealing a lesbian sexual orientation is found for women at their fertile ages.

Besides these academic studies, in 2009, ILGA published a report based on research carried out by Daniel Ottosson at Södertörn University College, Stockholm, Sweden. This research found that of the 80 countries around the world that continue to consider homosexuality illegal, five carry the death penalty for homosexual activity, and two do in some regions of the country. In the report, this is described as "State sponsored homophobia". This happens in Islamic states, or in two cases regions under Islamic authority. On February 5, 2005, the IRIN issued a reported titled "Iraq: Male homosexuality still a taboo". The article stated, among other things that honor killings by Iraqis against a gay family member are common and given some legal protection. In August 2009, Human Rights Watch published an extensive report detailing torture of men accused of being gay in Iraq, including the blocking of men's anuses with glue and then giving the men laxatives. Although gay marriage has been legal in South Africa since 2006, same-sex unions are often condemned as "un-African". Research conducted in 2009 shows 86% of black lesbians from the Western Cape live in fear of sexual assault.

A number of countries, especially those in the Western world, have passed measures to alleviate discrimination against sexual minorities, including laws against anti-gay hate crimes and workplace discrimination. Some have also legalized same-sex marriage or civil unions in order to grant same-sex couples the same protections and benefits as opposite-sex couples. In 2011, the United Nations passed its first resolution recognizing LGBT rights.

Reverse discrimination

Students protesting against racial quotas in Brazil: "Quer uma vaga? Passe no vestibular!" ("Do you want a spot? Pass the entrance exam!")

Reverse discrimination is discrimination against members of a dominant or majority group, in favor of members of a minority or historically disadvantaged group. Groups may be defined in terms of disability, ethnicity, family status, gender identity, nationality, race, religion, sex, and sexual orientation, or other factors.

This discrimination may seek to redress social inequalities under which minority groups have had less access to privileges enjoyed by the majority group. In such cases it is intended to remove discrimination that minority groups may already face. Reverse discrimination can be defined as the unequal treatment of members of the majority groups resulting from preferential policies, as in college admissions or employment, intended to remedy earlier discrimination against minorities.

Conceptualizing affirmative action as reverse discrimination became popular in the early- to mid-1970s, a time period that focused on under-representation and action policies intended to remedy the effects of past discrimination in both government and the business world.

Anti-discrimination legislation

Australia

Canada

Hong Kong

  • Sex Discrimination Ordinance (1996)

Israel

Netherlands

  • Article 137c, part 1 of Wetboek van Strafrecht prohibits insults towards a group because of its race, religion, sexual orientation (straight or gay), handicap (somatically, mental or psychiatric) in public or by speech, by writing or by a picture. Maximum imprisonment one year of imprisonment or a fine of the third category.
  • Part 2 increases the maximum imprisonment to two years and the maximum fine category to 4, when the crime is committed as a habit or is committed by two or more persons.
  • Article 137d prohibits provoking to discrimination or hate against the group described above. Same penalties apply as in article 137c.
  • Article 137e part 1 prohibits publishing a discriminatory statement, other than in formal message, or hands over an object (that contains discriminatory information) otherwise than on his request. Maximum imprisonment is 6 months or a fine of the third category.
  • Part 2 increases the maximum imprisonment to one year and the maximum fine category to 4, when the crime is committed as a habit or committed by two or more persons.
  • Article 137f prohibits supporting discriminatory activities by giving money or goods. Maximum imprisonment is 3 months or a fine of the second category.

United Kingdom

United States

United Nations documents

Important UN documents addressing discrimination include:

Theories and philosophy

Social theories such as egalitarianism assert that social equality should prevail. In some societies, including most developed countries, each individual's civil rights include the right to be free from government sponsored social discrimination. Due to a belief in the capacity to perceive pain or suffering shared by all animals, "abolitionist" or "vegan" egalitarianism maintains that the interests of every individual (regardless its species), warrant equal consideration with the interests of humans, and that not doing so is "speciesist".

Philosophers have debated as to how inclusive the definition of discrimination should be. Some philosophers have argued that discrimination should only refer to wrongful or disadvantageous treatment in the context of a socially salient group (such as race, gender, sexuality etc.) within a given context. Under this view, failure to limit the concept of discrimination would lead to it being overinclusive; for example, since most murders occur because of some perceived difference between the perpetrator and the victim, many murders would constitute discrimination if the social salience requirement is not included. Thus this view argues that making the definition of discrimination overinclusive renders it meaningless. Conversely, other philosophers argue that discrimination should simply refer to wrongful disadvantageous treatment regardless of the social salience of the group, arguing that limiting the concept only to socially salient groups is arbitrary, as well as raising issues of determining which groups would count as socially salient. The issue of which groups should count has caused many political and social debates.

Based on realistic-conflict theory and social-identity theory, Rubin and Hewstone have highlighted a distinction among three types of discrimination:

  1. Realistic competition is driven by self-interest and is aimed at obtaining material resources (e.g., food, territory, customers) for the in-group (e.g., favoring an in-group in order to obtain more resources for its members, including the self).
  2. Social competition is driven by the need for self-esteem and is aimed at achieving a positive social status for the in-group relative to comparable out-groups (e.g., favoring an in-group in order to make it better than an out-group).
  3. Consensual discrimination is driven by the need for accuracy and reflects stable and legitimate intergroup status hierarchies (e.g., favoring a high-status in-group because it is high status).

Labeling theory

Discrimination, in labeling theory, takes form as mental categorization of minorities and the use of stereotype. This theory describes difference as deviance from the norm, which results in internal devaluation and social stigma that may be seen as discrimination. It is started by describing a "natural" social order. It is distinguished between the fundamental principle of fascism and social democracy. The Nazis in 1930s-era Germany and the pre-1990 Apartheid government of South Africa used racially discriminatory agendas for their political ends. This practice continues with some present day governments.

Game theory

Economist Yanis Varoufakis (2013) argues that "discrimination based on utterly arbitrary characteristics evolves quickly and systematically in the experimental laboratory", and that neither classical game theory nor neoclassical economics can explain this. Varoufakis and Shaun Hargreaves-Heap (2002) ran an experiment where volunteers played a computer-mediated, multiround hawk-dove game. At the start of each session, each participant was assigned a color at random, either red or blue. At each round, each player learned the color assigned to his or her opponent, but nothing else about the opponent. Hargreaves-Heap and Varoufakis found that the players' behavior within a session frequently developed a discriminatory convention, giving a Nash equilibrium where players of one color (the "advantaged" color) consistently played the aggressive "hawk" strategy against players of the other, "disadvantaged" color, who played the acquiescent "dove" strategy against the advantaged color. Players of both colors used a mixed strategy when playing against players assigned the same color as their own.

The experimenters then added a cooperation option to the game, and found that disadvantaged players usually cooperated with each other, while advantaged players usually did not. They state that while the equilibria reached in the original hawk-dove game are predicted by evolutionary game theory, game theory does not explain the emergence of cooperation in the disadvantaged group. Citing earlier psychological work of Matthew Rabin, they hypothesize that a norm of differing entitlements emerges across the two groups, and that this norm could define a "fairness" equilibrium within the disadvantaged group.

State vs. free market

It is debated as to whether or not markets discourage discrimination brought about by the state. One argument is that since discrimination restricts access to customers and incurs additional expense, market logic will punish discrimination. Opposition by companies to "Jim Crow" segregation laws is an example of this. An alternative argument is that markets don't necessarily undermine discrimination, as it is argued that if discrimination is profitable by catering to the "tastes" of individuals (which is the point of the market), then the market will not punish discrimination. It is argued that micro economic analysis of discrimination uses unusual methods to determine its effects (using explicit treatment of production functions) and that the very existence of discrimination in employment (defined as wages which differ from marginal product of the discriminated employees) in the long run contradicts claims that the market will function well and punish discrimination. Furthermore, economic actors may have imperfect information and statistical discrimination may occur rationally and without prejudice.

Entropy (information theory)

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Entropy_(information_theory) In info...