Brothers in Arms, Part 2: Race and Abortion from Roe to the Reagan Years

Posted on January 22, 2018 by Matt

This article is our second installment in a series that explores the historical and contemporary links between racial intolerance and opposition to abortion. Previously, this series examined how fears of immigration — and racist notions that associated abortion with the barbarism of so-called “savage” races — fueled the opposition to abortion that led to its prohibition in the late 1800s. This installment examines the social forces that helped racism and opposition to abortion converge again in the first years after Roe v. Wade.

Replica of a banner used at NAACP headquarters from 1920 to 1938

A principle of democracy holds that while majority rule should serve as the guiding force of government, at times it must be reconciled with the rights of individuals and minorities. It was an idea Thomas Jefferson captured in his inaugural speech of 1801:

All … will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail … that the minority possess their equal rights, which equal law must protect.

With that understanding, the framers wrote the Constitution to include provisions for a judicial branch, composed of judges whose lifetime appointments would free them from the pressures of elections and afford them greater independence in their decisions. The branch would serve as the nation’s highest judicial body, above state and local courts.

Before his obsession with abortion and Tinky Winky, Jerry Falwell fought civil rights and integration.

For much of U.S. history, local, state, and federal judicial systems existed alongside another judicial system, one far less formal and conceived not in the interest of protecting minorities, but often in meting out the harshest possible punishments for them. It was the vigilante justice of lynching, sometimes known as Lynch law. Named after the Virginia plantation owner Charles Lynch, it was a form of mob justice that took root in the Revolutionary War era, before an official court system was fully established. It came to mean quick trials that ended in public hangings.

Though lynching was initially used against British loyalists, eventually Southern blacks became the overwhelming majority of its victims. Many Native Americans, Asians, Jews, and Mexicans were also lynched. According to the NAACP, between 1882 and 1968, in the period of racial tension in the post-slavery and civil rights years, 4,743 lynchings took place, and 3,446 of its victims were black. Rather than taking place under the cover of night or in countryside seclusion, many lynchings were staged in broad daylight, even in front of courthouses, and they were often advertised beforehand in newspapers — a blunt assertion of their existence as a separate judicial system for people of color. Though associated with the South, they took place in the North as well. In fact, only a few states — Alaska, Connecticut, Massachusetts, New Hampshire, and Rhode Island — had no lynchings between 1882 and 1968. Continue reading →

Looking Back at Loving v. Virginia: The 50th Anniversary of a Landmark Case

Posted on June 12, 2017 by Matt

Bettmann/Corbis via New York Times

When Mildred Jeter and Richard Loving started dating in the early 1950s, the idea that their relationship could change history could not have seemed more remote. When they decided to marry, Richard knew plenty of other people in Central Point, Virginia, had skirted the same legal barriers that stood in their way. Those Central Pointers had always been able to resume their lives afterward with no controversy or consequence. He and Mildred expected the same for themselves.

Loving v. Virginia upset one of the last strongholds of segregation.

Instead, Mildred and Richard would become the subject of numerous books and articles, a made-for-TV movie, a documentary, and a feature film, as well as the plaintiffs in a landmark Supreme Court case that turns 50 today. Their reluctance and modesty, even as their legal battle took on national significance, were captured in what Richard told LIFE Magazine in 1966: “[We] are not doing it just because somebody had to do it and we wanted to be the ones. We are doing it for us.”

An Illegal Marriage

Richard Loving and Mildred Jeter met in 1950, seven miles from Central Point, at a farmhouse where the seven-member Jeter Brothers were staging a bluegrass show. Richard loved listening to bluegrass. That night, however, it was not the performers, but their younger sister, Mildred, who captured his attention. Mildred was a few years his junior and known for being shy and soft-spoken. She thought Richard seemed arrogant at first, but her impression changed as she got to know the kindness he possessed. The two dated for several years, often spending time together at the racetrack, where Richard and two close friends won numerous trophies with a race car they maintained together.

What would have otherwise been a familiar story of romance in rural, 1950s America was complicated by race, at a time when segregation was deeply entrenched. Richard Loving was white, of Irish and English descent, and Mildred Jeter was black, as well as part Cherokee and Rappahannock. For Richard and Mildred, though, Central Point provided an unusually safe space, one that stalled the expectation that their relationship could invite legal troubles. Continue reading →

The 26th Amendment at 45: Bringing More Voters to the Fight for Reproductive Rights

Posted on May 9, 2016 by Matt

Image of a button showing support for a lower voting age from the Smithsonian National Museum of American History

When the question of same-sex marriage went before the Supreme Court in the summer of 2013, it was clear that millennials, the nation’s youngest adults, had already reached their verdict; 66 percent were in favor of recognizing it, putting them among the most supportive demographic groups in the U.S.

That same year, millennials were in the spotlight in another fight for social justice. Refusing to accept their university’s mishandling of sexual assault reports, two survivor activists at the University of North Carolina at Chapel Hill fought back with federal complaints. Their activism turned up the pressure on their institution and evolved into the founding of the organization End Rape on Campus, or EROC, a networked movement against sexual assault that linked survivor activists and other advocates for change on college campuses throughout the U.S. Following EROC’s founding, supportive faculty formed Faculty Against Rape, or FAR, bringing the movement to more stakeholders in campus communities.

Young voters have the power to shape political futures.

Jennings Randolph, a Democratic member of Congress from 1933 to 1947 (and later a senator from 1958 to 1985), said the nation’s youth “possess a great social conscience, are perplexed by the injustices in the world and are anxious to rectify those ills.” With that faith in the collective power of young Americans, Randolph made it his mission, beginning in 1942, to introduce legislation that would lower the voting age to 18. Historically it had been 21. His hopes, though, would not be realized until decades later, in the 1970s.

The United States entered the 1970s bearing the toll of what became one of the longest and most unpopular wars in its history. By the time the Vietnam War ended in 1975, 2.5 million Americans had served in the conflict, a quarter of them because of the draft. More than 58,000 of them lost their lives. Continue reading →