voting rights act

Lisa Sharon Harper 8-22-2013
[Public domain], via Wikimedia Commons

By U.S. Information Agency, Press and Publications Service. [Public domain], via Wikimedia Commons

Even with the scores of marches on Washington since 1963, we all still know what we mean when we say the March on Washington.

In our collective memory, we see black-and-white images of immaculately dressed men and women wearing hats, ties, and dresses, marching in dress shoes. We see a sea of people stretching from the Lincoln Memorial to the Washington Monument. And we see Dr. Martin Luther King, Jr., frozen in time, smiling and waving to the crowd of a quarter million people. We see King’s passion, mouth open as he bellows words that sear the conscience of a nation and ignite its imagination. His arm is outstretched over the podium. He is surrounded by men and women who are also there to plead with a nation to “let freedom ring!”  

These images are seared into our nation’s memory, even though most of us were not there.

Lisa Sharon Harper 8-19-2013
Hand holdng a mustard seed, ptnphoto / Shutterstock.com

Hand holdng a mustard seed, ptnphoto / Shutterstock.com

This year marks the 150th anniversary of both the issuing of Emancipation Proclamation and the battle of Gettysburg. This month marks the 50th anniversary of the historic March on Washington and Dr. Martin Luther King, Jr.’s “I Have a Dream” speech. All three moments marked major turning points in the fundamental American struggle to actualize the divine dream of life, liberty, and equality for all. That dream has been especially powerful through the struggle for African-American freedom.

From a biblical perspective, American slavery and Jim Crow segregation not only subjugated the body. For about 300 years, from Virginia’s first race-based slave laws in the 1660s to the passage of the Voting Rights Act in 1965, the legal binding of black hands, feet, and mouths also bound spirits and souls. Both slavery and Jim Crow laws denied the dignity of human beings made in the image of God and forbade them from obeying God’s command to exercise Genesis 1:28 “dominion” — in today’s terms, human agency.

So, the Emancipation Proclamation and passage of the 13th, 14th, and 15th Amendments were cause for jubilee worship in black churches and among other abolitionists. Likewise when the Civil Rights Act passed in 1964 and the Voting Rights Act passed in 1965, churches across the nation erupted again in worshipful jubilee.

Now, nearly 50 years after the second American jubilee, African Americans are being stripped of dignity and constitutionally protected freedoms like we have not seen since Jim Crow.

Tom Ehrich 8-07-2013
Equality symbol tag cloud,  life_in_a_pixel / Shutterstock.com

Equality symbol tag cloud, life_in_a_pixel / Shutterstock.com

Adaptation is how a bitter and broken South survived its own worst instincts after the war. Progressive pockets emerged in college towns and later in large cities. Hungry for Northern business, the region became less racially polarized. In time, a black man could become mayor of Atlanta and another could become the Episcopal bishop of North Carolina.

The Rev. Martin Luther King, Jr.’s dream of 50 years ago came to seem possible. Distant, yet possible.

But now the dream has receded. The fact of a black president seems to have reopened a pulsing vein of racism. Operating under cover of fiscal austerity, vengeful state politicians are gutting decades of programs that helped the South move forward by helping blacks and Latinos to have a chance.

No more affirmative action, they say; no more dark-skinned citizens flocking to voting stations; no more voting districts shaped by fairness; no more protections from ground-level aggression against people of color.

Once again, as happened in the 19th century, impoverished whites who should be lining up to resist predatory behavior by the moneyed class are being turned against their own best interests by race politics.

Lisa Sharon Harper 8-02-2013

President Johnson hands Martin Luther King Jr. one of the pens used to sign the Voting Rights Act of 1965 into law.

BACK IN THE day, when Stevie Wonder was Wishing “those days could come back once more,” my 6-, 7-, and 8-year-old friends and I had no idea what the heck he was talking about, but we loved the groove and would blast Wonder’s Songs in the Key of Life album from our front steps as we played in front of my house in our West Oak Lane neighborhood of Philadelphia.

Sometimes the boys would coast down the street on handmade skateboards, literally made of old skates—the kind with wheels you strapped to your shoes—nailed to short wooden planks. Sometimes the girls and boys would race each other down a steep street, flying at lightning speed on bikes and boards, to see who could make it first to the candy shop at the bottom of the hill. And sometimes, in all the play, a verbal sparring match would break out:         

“You so big,” one friend would say, “it take two showerheads to clean yo big butt in the morning!” Then the 7-year-old sparring partner would come back: “Oh, yeah?! You so ugly, yo mama say ‘What dat?’ when she give birth to you!”

It would keep going and we’d all laugh out loud until someone got inappropriate. Usually inappropriateness began with three words: “Yo mama so ...” We all knew to never bring someone’s mother into the sparring match unless you wanted to fight for real. Those were fighting words.

This summer the Supreme Court got inappropriate. They spewed fighting words on the playground that is our national public square.

Jim Wallis 8-02-2013

(corgarashu / Shutterstock)

THIS SUMMER, two Supreme Court outcomes dramatically affected the reality of the words “Equal Justice Under Law.” In the first, a key component of the historic Voting Rights Act of 1965 was struck down, jeopardizing equal justice under the law especially for black, Latino, and low-income people whose voting rights have historically been assaulted and have continued to be suppressed as recently as the 2012 election. Efforts to increase barriers to voting for people of color, especially those with lower incomes, are already underway in several states. The Supreme Court’s decision was morally shameful.

The decision revealed how politically partisan this bench has become. The conservative justices have aligned themselves with the extreme right-wing politics that has taken over today’s Republican Party—one that has deliberately encouraged and practiced voter suppression against minorities, low-income people, the young, and the elderly.

America has made great progress on racial justice because of the tireless and courageous efforts of many. But the illusory idea of a “post-racial” America is exposed as a lie by this nation’s criminal justice system, the many recent attempts at racially based voter suppression, and now this decision by the Supreme Court.

QR Blog Editor 7-25-2013
Sign on the exterior of the Department of Justice. Photo courtesy kenkistler/shu

Sign on the exterior of the Department of Justice. Photo courtesy kenkistler/shutterstock.com

The Obama administration will attempt to circumvent the Supreme Court’s June ruling that struck down of a key part of the Voting Rights Act. 

As part of an existing lawsuit that challenges the legality of a 2010 redistricting plan in the state of Texas, the Justice Department plans to request pre-clearance procedures for the state that are similar to the ones struck from the Voting Rights Act, Politico reports.

“Based on the evidence of intentional racial discrimination….as well as the history of pervasive voting-related discrimination against racial minorities that the Supreme Court itself has recognized, we believe that the state of Texas should be required to go through a preclearance process whenever it changes its voting laws and practices,” Attorney General Eric Holder said. "This is the department’s first action to protect voting rights following the Shelby County decision, but it will not be our last.” 

 Read more here

Lisa Sharon Harper 7-18-2013
Sign at a rally for Trayvon Martin. Photo courtesy Steven Ley/shutterstock.com

Sign at a rally for Trayvon Martin. Photo courtesy Steven Ley/shutterstock.com

The acquittal of a person who is not black for the murder or beating of a black person is nothing new: Remember Yusef Hawkins. Remember Rodney King. Remember Amadu Diallo. Remember Alex Moore. Remember Latasha Harlins. Remember Sean Bell. Remember… remember… remember.

Many of us can recall these names without much effort. So, why is the death of Trayvon Martin so different?

It’s different because of the law — and the timing.

Eric Barreto 7-10-2013

Mosaic of the Good Samaritan. Photo courtesy Renata Sedmakova/shutterstock.com

In recent weeks, a number of controversial and divisive political questions have dominated the news. Race and voting rights, abortion in Texas, and marriage equality at the Supreme Court have opened anew the scars of old political and cultural wars. 

In this conflicted political ambit, the Samaritan's bold compassion is a needed reminder today. Let’s remember to be kind to the stranger, certainly. But just as important is that the story of the Good Samaritan also invites us to imagine ourselves in a different part of this narrative.

Imagine yourself not as the Samaritan seeking to love God and neighbor. Imagine yourself as the person in need. A man on the brink of death. A woman in deepest grief. A man lost in the world. A woman with no hope. Imagine yourself at your most vulnerable, deep in despair with only one hope: perhaps someone will help me.

Jim Wallis 6-27-2013
Sign outside the Supreme Court, photo by Victoria Pickering / Flickr.com

Sign outside the Supreme Court, photo by Victoria Pickering / Flickr.com

The words above the Supreme Court read, “Equal Justice Under the Law.” This week, two Supreme Court outcomes dramatically affected the reality of those words.

On Tuesday, in a 5-4 decision, a key component of the historic Voting Rights Act of 1965 was struck down, jeopardizing equal justice under the law especially for black, Hispanic, and low-income people whose voting rights have historically been assaulted and have continued to be suppressed as recently as the 2012 election. In fact, Section 4 of the Voting Rights Act — which required parts of the country that have been especially egregious in racially motivated voter suppression to get federal approval of any changes in their voting laws — was specifically used in the 2012 election to prevent new voter suppression. That provision has now been struck down, and efforts to increase barriers to voting are already underway in several states, especially in the South, that would suppress the future votes of Americans of color, especially those with lower incomes.

Equal justice under the law lost on Tuesday, June 25. The Supreme Court’s decision was morally shameful. ... 

Contrast Tuesday’s decision with the final ones we saw handed down this week. ... I, along with a growing number of people in the faith community, believe that equal protection under the law is essential for our gay and lesbian friends and family members. While some Christians are conflicted about the theological issues involved, or even are unable to support homosexuality on a religious basis, they also don’t want churches to be the ones standing in the way of civil rights. 

Paula Deen, kai hecker / Shutterstock.com

Paula Deen, kai hecker / Shutterstock.com

On Tuesday, the Supreme Court struck down part of the Voting Rights Act that was enacted in 1965 to root out racial discrimination in voting. The specific section of the Act that was stricken — Section 4 — set forth a formula for determining which jurisdictions need federal clearance before making even minor changes to voting procedures. The impact of striking Section 4 is that the most important part of the Act, Section 5, is now rendered useless. Section 5 provides that states, cities, and counties with a history of racial discrimination in voting must “pre-clear” changes to voting procedures with the Department of Justice or a special court in Washington, D.C. Without the formula in Section 4 to determine which states, cities, and counties the preclearance should apply to, the preemptive protection provided by Section 5 no longer exists, and any future challenges to changes in voting procedure must happen after such changes are already in effect.

The majority of the Court felt that racial minorities do not continue to face discriminatory voting practices, and that the preclearance requirement was based on 40-year-old facts that had no logical bearing on present day. Chief Justice Roberts, Jr., wrote:

“Our country has changed. While any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.”

The practical application of Tuesday's decision is that states will be able to enact potentially discriminatory laws that previously had been blocked. This was made immediately apparent in Texas, which announced after the ruling that voter identification laws would go into effect immediately.

the Web Editors 6-25-2013
 Supreme Court Building, Cameron Whitman / Shutterstock.com

Supreme Court Building, Cameron Whitman / Shutterstock.com

In a 5-4 decision, the Supreme Court today struck down a key section of the Voting Rights Act of 1965 that targeted states with histories of racial discrimination, saying the formula for choosing the states subject to "preclearance" is "based on 40-year-old data." The court's decision states that Congress can revise the formula under which it decides which jurisdictions are subject to oversight: 

"Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions," the decision reads. 

Congress could have updated the coverage formula at that time, but did not do so. Its failure to act leaves us today with no choice but to declare §4(b) unconstitutional. The formula in that section can no longer be used as a basis for subjecting jurisdictions to preclearance.  Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in §2.  We issue no holding on §5 itself, only on the coverage  formula. Congress may draft another formula based on  current conditions. … 

Read the full decision HERE.

Ruth Hawley-Lowry 2-28-2013
Richard Ellis/Getty Images

President of the South Carolina NAACP speaks at a rally in support of the Voting Rights Act. Richard Ellis/Getty Images

I was on the airplane, looking forward to reading Taylor Branch’s new book, The King Years: Historical Moments in the Civil Rights Movement. As I opened my Kindle, I realized that it offered large excerpts of Branch’s previous works, and was glad that while I have the other books in hard cover, I had these stories in my Kindle. But as I re-read some of the accounts, I realized that my 40-something-old self reacted differently than when I first read some of the accounts when I was 20-something. My younger self yearned to know: How did they organize? How did they deal with differing motives and different movements? And I yearned to believe that I, too, would have sacrificed my being for “The Movement.”

My late 40-something-old self read these words as a mother — as someone who understood the fury of the parents who were scared as their children sacrificed their very lives for justice’s sake.

Myrna Pérez 2-25-2013
Supreme Court Building,  Brandon Bourdages / Shutterstock.com

Supreme Court Building, Brandon Bourdages / Shutterstock.com

Our country’s laws represent our values and our moral compass as Americans. They set norms, define transgressions, and mete out consequences for actions. And almost 50 years ago, our nation realized the harassment, intimidation, bureaucratic shenanigans, and violence so many African-Americans and other minority communities experienced when trying to exercise their rights to vote and participate in our great democracy. Our intolerance of such injustice led to the passage of the Voting Rights Act of 1965 — a great triumph in the defense of life, dignity, and equality.

Notwithstanding the near-universal praise the Voting Rights Act has received for ending some of the most overt discriminatory practices in our country’s voting history, there are some saying the Voting Rights Act’s time has passed. In fact, on Wednesday, the Supreme Court will hear oral arguments from Shelby County, Ala., that a key provision of the Voting Rights Act is unconstitutional and should be struck down. These arguments are misguided. The Voting Rights Act remains a vital piece of our national moral commitment never to permit racial discrimination in elections again.