Civil Rights—Then (1964) and Now

One of the most important pieces of legislation of the twentieth century was signed fifty years ago this week, on July 2, 1964. That was the day President Johnson, just a few hours after House approval, signed the Civil Rights Act into law.

The Civil Rights Act of 1964 outlawed segregation in businesses such as theaters, restaurants, and hotels. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools.

That 1964 piece of legislation was highly significant. An article in the Huffington Post asserted that it “affected the nation profoundly” and “changed American history.” While it did not solve all the problems of discrimination against African-Americans immediately, it did lead quickly to great improvements.

To give but one example, in Mississippi voter registration of the eligible black population increased from under 7 percent in 1965 to more than 70 percent in 1967.

Back in 1964, the term “civil rights” was used almost exclusively for the rights of African-Americans. In recent years that same term has increasingly been applied to the rights of LGBT persons.

Last semester one of my African-American students, who was considerably older that most of the other students in the class, objected to my use of “civil rights” to refer to what are also called gay/lesbian rights.

But civil rights should be enjoyed by all Americans, and gays/lesbians are the main segment of society today whose rights are often unprotected.

In recent years, the Employment Non-Discrimination Act (ENDA) bill proposed in the U.S. Congress would prohibit discrimination in hiring and employment on the basis of sexual orientation or gender identity by employers with at least 15 employees.

On November 7, 2013, such a bill passed by the Senate with bipartisan support by a vote of 64-32. President Obama supports the bill’s passage, but opposition in the Republican-dominated House of Representatives has kept the bill from becoming law.

Consequently, on June 16 it was announced that the President plans to sign an executive order banning discrimination against gay, lesbian, bisexual and transgender employees by companies that do business with the federal government.

The President’s order will implement on a limited scale what the White House would like to see Congress pass into law for the entire nation.

A June 23 article in Bloomberg Businessweek is titled, “Most Americans Think It's Illegal to Fire Someone for Being Gay. They're Wrong.” That article goes on to point out,

Most U.S. states lack explicit legislation barring discrimination against LGBT employees; current U.S. law is uneven, limited, and ambiguous. Only 21 states and the District of Columbia bar firing employees for their sexual orientation. Of those, 18 (and again, Washington) also ban firing transgender employees.

The President’s upcoming executive order is surely a step in the right direction. It’s a real shame, though, that there cannot be bipartisan support for the Employment Non-Discrimination Act of 2014 as there was for the Civil Rights Act fifty years ago.

I remain baffled that the Republican Party wants to be known as the party that is for discrimination against a sizeable segment of the U.S. population.

What are Republicans Thinking?

This article is not about Republicans in general. Rather it is particularly about the Republicans in the U.S. Congress.

The record of these Republican Congresspersons over the last three years has been quite consistent: they have almost unanimously opposed nearly everything the President has proposed.

There has always been political division in the country, but perhaps there has never been as much polarity as there is now.

In the Senate, the Democrats became so frustrated last week that they even used the “nuclear option” and changed the rules for approving nominations for executive and judicial positions.

That was not necessarily a good thing. But neither is the ceaseless obstructionism that led to that extreme, and possibly unwise, decision.

In particular, I am raising the question about what are Republican lawmakers thinking in their ongoing, obdurate opposition to positions that the large majority of U.S. citizens, including Republicans, are for.

Consider four such issues: (1) legislation to outlaw hiring/firing discrimination against gays/lesbians, (2) immigration reform, (3) background checks for those who want to purchase guns, and (4) raising the minimum wage.

(1) On Nov. 7, the Senate passed the Employment Non-Discrimination Act (ENDA) by a vote of 64-32. (One of the negative votes was by Republican Senator Blunt of Mo.) But at this point, Rep. Boehner has refused to bring the bill up for a vote in the Republican dominated House.

A recent Gallup poll found that nationwide ENDA is supported by 63% of the citizens nationwide, with only 31% opposing it. Even among Republicans, there were 58% in favor and only 36% in opposition.

(2) Back in June, the Senate passed an immigration bill by a 68-32. (The negative votes were all by Republicans, including Senator Blunt.)

But it has yet to be approved by the House, even though earlier this year a CNN poll showed that 84% of the public (78% of the Republicans) backs a program that would allow undocumented workers to stay in the United States and apply for citizenship if they have been in the country for several years, have a job, and pay back taxes.

(3) The tragic school shootings at Sandy Hook were nearly a year ago. There were outcries across the nation for more stringent gun control. In April the Senate bill to extend background checks received 54 votes—but was killed by a Republican filibuster.

A subsequent Gallup poll then indicated that 65% of Americans thought that Senate bill should have passed; only 29% thought it shouldn’t have.

(4) Back in March, Senator Harkin (D-IA) proposed the Fair Minimum Wage Act of 2013, calling for an increase from the current $7.25 to $10.10. This month after passing ENDA, the Senate began to consider Sen. Harkin’s bill along with other possibilities.

This month, a Gallup poll indicated that U.S. citizens favor raising the minimum wage to at least $9.00 by a margin of 76% to 22% (and 58% to 39% among Republicans). But the Senate has yet to come up with anything that they think will be able to clear an expected Republican filibuster.

So here are four hot issues with overwhelming public support for change but which are opposed by Republicans in Congress—which leads again to my question: What can they be thinking?

And how can they claim to be representing the citizens of the country when they keep opposing what a large majority of the citizens are for?

Of course another pertinent question is this: Why do people keep electing lawmakers who do not vote according to the desires of the majority of the American people?