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Director's Outlook
Emancipation, Jim Crow, and Title IX,
By Caryn McTighe Musil, Director of the Program on the Status &
Education of Women
Association of American Colleges & Universities |
The long struggle to emancipate African Americans from slavery has
always been--but is not always seen as--a women's issue. For
all of the failures, betrayals, and blind spots between them, the
nineteenth-century abolitionist movement and the nineteenth-century
women's movement inspired one another, shared some of the same spokespeople,
and each battled to dismantle systems of discrimination and exclusion
that ran deep in the very fabric of American institutions, attitudes,
and everyday practices.
In the middle of the twentieth century, the twin struggles for justice
were intertwined once more, as the Civil Rights Movement provided
the models and laid the legislative groundwork that would usher in
the contemporary women's movement and a period of unprecedented emancipation.
Landmark legislation like the Civil Rights Act of 1964 that legally
struck down discrimination on the basis of race also included sex
as a protected class. Eight years later, Title IX, the single most
comprehensive legislation ever passed to protect women and girls of
all races from sex discrimination in education, became the law of
the land.
Race and Gender Equality Under Attack
It is not surprising, then, that in 2003, these two libratory forces
for democracy should be linked yet again. Instead of being joined
to tackle ever more subtle, but still powerful barriers to full equality
in the United States, the two movements are facing a carefully orchestrated,
well funded, and ideologically driven assault to strip them of the
tools that have produced such measurable progress. In both cases,
equal educational opportunities are at the heart of contention. From
targeted legal cases aimed at the nation's elite public institutions
to public referendums in key states to external organizing of conservative
alumni to a letter campaign threatening lawsuits against outreach
and support programs, the attacks have been relentless.
As planned by diversity's opponents, these have all culminated in
a case before the Supreme Court. The particular case involves the
University of Michigan and its undergraduate and law school admissions
policies. It could have easily been some other institution. The White
House and the Justice Department have joined with the plaintiffs against
the University of Michigan. The ultimate goal of these assaults has
been to undo affirmative action, one of the best tools for opening
up opportunities denied to white women and racial minorities for centuries.
During this same period, Title IX has been placed under review by
the Bush administration. Rather than a court battle or a Congressional
confrontation, the arena for this debate is a regulatory one occurring
within the Education Department, the designated agency charged with
enforcing Title IX. While the immediate issue being debated
is sports, the ultimate goal is to undermine the power of Title IX.
Ellie Smeal, President of Feminist Majority, calls it a "stealth attack
on Title IX" (see our feature
article for more on this stealth attack).
Abandoning Democracy's Promise?
What is being challenged is not just a particular admissions policy
on race or how one measures compliance in women and girls' sports.
The stakes are much higher. What is being challenged is whether the
United States will keep moving on our journey toward full democracy
or whether we will turn back the clock, as we did during Reconstruction.
We often forget that the United States is a very young democracy.
In terms of a fully practicing democracy, our origins came not in
1776, but two hundred years later in 1964 when the Civil Rights Act
guaranteed that African Americans and other people of color could
no longer be deprived of their right to vote. Only then did we become
a functioning multiracial democracy. With the passage of Title IX
and other key legislative acts in the 1960s and 1970s guaranteeing
equal rights for women, the United States became a more gender inclusive
multiracial democracy. That brief experiment--that stunning achievement--is
what is at stake today.
Jim Crow and White Supremacy
History has taught us that the march towards democracy is not always
linear. When existing power structures are most threatened, they typically
retaliate to reclaim ascendancy. Rights for newcomers are often stripped
away or nullified. The Emancipation Proclamation, for example, may
have ended slavery in 1863. And Reconstruction after the Civil War
may have launched a short-lived attempt to construct a multiracial
democracy. But after a decade of progress, white supremacy reasserted
its dominion in ways that still haunt us today.
With the rise of the Ku Klux Klan and the passage of Jim Crow laws
in the South, emancipation was quickly replaced by an apartheid system
of wage slavery that was held in place through state sanctioned violence
and intimidation. Both Congress and the North were largely silent
and often deeply complicit in helping to re-establish the pre-Civil
War racial hierarchies. The historical reversal was not inevitable.
It happened because people allowed it to. Americans who had power
opted not to exercise it.
The Academy as Civic Actor
As a result, for the next hundred years, the United States was racially
segregated, more similar to apartheid South Africa than to England,
the very colony we had once fought to escape tyranny and "establish
these truths that all people are born equal with inalienable rights
to life, liberty, and the pursuit of happiness." For the last forty
years, however, our nation has made enormous strides to transform
Jefferson's democratic aspirations into democratic practice. People
with power--and those who were granted none--joined forces and acted.
It made all the difference.
At this pivotal historical juncture when so much is at stake and
education is at the eye of the storm, those of us in higher education
dare not be silent. Let us commit our intellectual capital to raising
these issues among students, colleagues, alumni, and local and national
communities.
Let us continue to incorporate great social justice movements embodying
democracy's principles into every student's course of study. Let us
challenge students to analyze the historic mechanisms that stifled
emancipatory progress in the U.S. and around the world and re-instituted
racial, gender, social, or national stratifications. Let us promote
campus discussions about Title IX (see Title IX Talking
Points) and call for institutional benchmarks of progress made
for women at every college since Title IX was passed. In the face
of attempts to reverse the gains we have made in integrating our campuses,
let us work with others to sustain and initiate programs, policies,
and practices that promote racially inclusive education.
But above all, let us be actively involved in claiming our democratic
selves, our democratic legacies, and our democratic powers. History
does not simply happen. It is made through a series of choices made
by a individuals and groups about systems constructed over time. Gender
and race continue to be inextricably linked. Justice for one is justice
for all. Let us draw upon our legacies of emancipation and struggle
so we might work together to ensure that America moves in this next
decade towards a democracy that affirms rather than denies full racial
justice and gender equality to all its people.
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