The Civil Rights Act of 1964

Civil Rights Act of 1964.jpg

Today, July 2, we celebrate the 56th anniversary of the signing into law the Civil Rights Act of 1964. This landmark legislation was the result of a steadfast campaign by NAACP lobbyist Clarence Mitchell in pursuit of racial justice through the legislative process and was originally proposed by President John F. Kennedy. It prohibited discrimination based on race, color, religion, sex, or national origin in the workplace, public facilities, public education, and public accommodations. However, before its becoming law, the bill faced an uphill battle and launched what is widely regarded as the longest continuous debate in Senate history. The filibuster, which lasted for 60 days, including seven Saturdays, ended on June 10 when the Senate voted 71 to 29 to end the debate. Nine days later, the Senate passed the most comprehensive civil rights legislation in United States history. Less than one month later, President Lyndon B. Johnson, joined by Martin Luther King, Jr., signed the legislation into law on July 2 in a nationally televised broadcast.

The Civil Rights Act of 1964, which amended the Civil Rights Act of 1957 and the Civil Rights Act of 1960, called for, among other things, the desegregation of public facilities and public education, and prohibited discrimination in federally assisted programs. The Act also guaranteed equal employment opportunities for all persons, regardless of race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission, the agency tasked with the prevention of unlawful employment practices, was also a product of this legislation.

Clarence Mitchell and Roy Wilkins of the NAACP

The Civil Rights Act would not exist today if it weren't for the supporters and lobbyists whose steadfast efforts were so instrumental in the passage of this groundbreaking legislation. Two individuals deserve recognition for their exceptional legislative efforts. Clarence Mitchell and Roy Wilkins, whose actions in the NAACP brought about the legislation's successful enactment, are remembered in the Library of Congress exhibit created for the 50th anniversary of its passage. Wilkins, the longest-serving NAACP leader, called the Act a “Magna Carta for the race, a splendid monument for the cause of human rights,” and Mitchell, nicknamed the "101st U.S. Senator,” described it as “a real showdown on civil rights.” Both men are profiled at the links below.

Another prominent NAACP member and leading civil rights figure, Medgar Evers, was killed at age 38 in 1963 and, therefore, did not live to see the passage of the Civil Rights Act that Mitchell and Wilkins worked so tirelessly to make a reality. Evers would be celebrating his 95th birthday today, July 2. His widow, Myrlie Evers, spoke with NPR on Wednesday about the legacy of her husband whose home state of Mississippi just voted to remove the Confederate insignia from its state flag.

Voices of the Era

In tribute to those who lived through the Civil Rights era, we’ve complied a list of resources that feature their voices and personal stories. At the links below, explore photographs and oral histories that document the experiences of people whose lives were impacted by the landmark legislation that was signed into law 56 years ago today.

We Applaud All Who Press For Justice

The promise of the legal system is stamped above the entryway of the U.S. Supreme Court: “Equal Justice Under Law.” Today, our law librarians applaud all who press to make that a reality and who seek to make the story told in the volumes on the Law Library’s shelves bend toward justice, just as Clarence Mitchell and Roy Wilkins did. We echo our colleagues at University of Houston Libraries and affirm our commitment to equity, inclusion, diversity, and anti-racist practices and our pledge to use our skills and resources to advance the sharing and production of knowledge for racial justice.

Fundamental Right of Parents

family-2432966_1280.jpg

Parents have the fundamental right to make decisions regarding the care, custody, and control of their children. The United States Supreme Court recognized a parent’s liberty interest, perhaps one of the oldest, in its decision in Troxel v. Granville [530 U.S. 57 (2000)], a case which struck down a Washington statute granting visitation rights to any person when such visitation was in the best interest of the child. The Court held that the statute unconstitutionally interfered with the parents’ rights to raise their children. In Troxel, the Court applied the presumption that a fit parent necessarily will act in the best interest of the child, and in such case, there would be no need for the state to interfere.

This presumption is at the forefront of a recent case decided by the Texas Supreme Court, In Re C.J.C., a matter involving the modification of a child custody order. The father filed a motion to dismiss the modification proceeding that was filed prior to the death of the child’s mother. The child’s grandparents petitioned to intervene, requesting that they be named joint managing conservators. The mother’s partner with whom she had been living at the time of her death also intervened, seeking the same relief as the grandparents as well as court-ordered visitation. The trial court issued temporary orders naming the mother’s partner a possessory conservator. The father filed a petition for a writ of mandamus, which the appellate court denied. The Texas Supreme Court took up the petition.

The primary issue before the Court was whether the fit parent presumption applied in a child custody modification case. The Court held that “[w]hen a nonparent requests conservatorship or possession of a child, the child’s best interest is embedded with the presumption that it is the fit parent - not the court - who makes the determination whether to allow that request.” Although neither the nonparent standing statute nor the general modification statute includes the fit parent presumption, the Court reasoned that because the modification statute takes into account that the child’s best interest was determined in the original custody proceeding, that determination necessarily includes the fit-parent presumption. Thus, the father was entitled to a presumption that he determined the child’s “best interest based on his fundamental right as a fit parent.”

Remembering Our Friend, Ben Pride

Late last week, we were devastated by news of the sudden and unexpected death of Ben Pride, our friend and fellow law librarian. Ben worked at the Harris County Law Library for over 19 years. He was known for his quiet, easy-going, and gentle demeanor and for his dedication to serving the patrons of the Harris County Law Library.

Ben’s death was the result of an apparent homicide as reported in the Houston Chronicle on June 26, 2020. Anyone with information is urged to call HPD’s homicide division at 713-308-3600 or Houston Crime Stoppers at 713-222-TIPS (8477). Please help us find justice for Ben.

Ben’s Work

During his 19 years at the Harris County Law Library, Ben helped thousands of people access the justice system. Whether an attorney or a self-represented litigant, each and every patron who Ben helped found a friendly smile, a listening ear, and a public servant ready to provide support and encouragement. He worked as part of the team that produced the Law Library’s Pro Se Litigant Handbook, which helps economically-disadvantaged Houstonians access legal aid services. His care and encouragement extended to his coworkers as well and it was common for Ben to offer to walk with a coworker after a late shift or to extend a caring word to a coworker going through a difficult time. Whenever someone needed help, Ben lent a hand.

Ben’s Intellectual Curiosity

Anyone who knew Ben knew he was a voracious reader. It was not uncommon to find Ben pouring through digital archives and examining an article on the influences of ancient history on modern law. His intellectual curiosity led him to discover important historical artifacts in the Law Library’s collection. For example, it was Ben who found a signed copy of Panorama of the World’s Legal Systems by the preeminent legal scholar John Henry Wigmore in the Law Library’s historical collection. Ben also found legal volumes from the personal collection of Justice Learned Hand, which in subsequent years were resold and found their way to the Harris County Law Library. Last year, Ben added a beautiful collection of historical maps of the border between the United States and Mexico to a library exhibit on the law of Coahuila and Texas. Without Ben’s persistent exploration of new intellectual landscapes, these and many other historical treasures would have gone unnoticed. Ben uncovered them and opened them to all.

Ben’s Creativity

In recent years, Ben’s work took on a creative tone. To mark the passing seasons, the Law Library began constructing book art in 2017. From the beginning, Ben took a leading role and oversaw implementation of the project. He relished in gathering books that might languish on a back shelf and creating a focal point to engage the Law Library’s patrons. As each season passed, Ben found ways to improve his constructions and made plans for future holidays.

Words of Remembrance

Ben felt deep sympathy for those in need -- whatever their need might be -- and felt driven to help. He was always ready to help.

- Heather

When I worked the late shift, I usually parked on the top floor of the garage. Ben would walk me to my car each night. It was very sweet.

- Lori-Ann

Ben's kindness illuminated in his smile. You could see the care and attention he gave everyone, the staff members who loved him and the strangers he tried to help in the best possible way. I have not and will not meet anyone as sweet, thoughtful and genuine as Ben. He will be missed and remembered always.

- Alex

Ben was a friend to everyone. He was a true public servant and a scholar. Everyone who knew him will miss him.

- Joe

Marching for Liberation and Pride

Photo Credit: allysonmiller1969 on Pixabay at https://pixabay.com/users/allysonmiller1969-224234/

Photo Credit: allysonmiller1969 on Pixabay at https://pixabay.com/users/allysonmiller1969-224234/

Updated on June 7, 2023

In her 1937 novel, Their Eyes Were Watching God, Zora Neal Hurston famously wrote, “Some years ask questions, and some years answer.” This year seems to be asking more questions than ever, and communities are seeking answers. In 1969, people in the gay community were looking for answers, too. The Stonewall Uprising took place that year on June 28 in a seedy but beloved bar called The Stonewall Inn. Often described as a riot, this pivotal event sparked a revolution.

Just one year later, The Christopher Street Gay Liberation March, which is now recognized as the first Pride parade, took place in Greenwich Village. The march united the community (although the early gay liberation efforts were far from inclusive) and ignited the modern gay rights movement. Activist Martin Boyce put it this way: "What began as a question mark downtown ended in an exclamation point." Sunday is the 50-year anniversary of that first Pride event, and the LGBTQ+ community is continuing to work for progress in achieving equal rights.

To capture the enthusiasm and renegade spirit of the original Christopher Street Gay Liberation March, and to oppose the so-called rainbow capitalism and corporate pinkwashing that has come to dominate modern Pride parades, a more rebellious, politically minded activist group called the Reclaim Pride Coalition is hosts a Queer Liberation March on a Sunday in New York. The march, which is distinguishing itself as a protest with an agenda and a Statement of Purpose, will be streamed online. Many other virtual Pride events are taking place all over the Web. Don’t miss your chance to observe the occasion.

This is certainly a year that asks questions, but people are demanding answers, too. All people who live at the margins are fighting to be acknowledged. They want accountability and action, the same outcomes that gay rights pioneers like Marsha P. Johnson and Sylvia Rivera fought for at that first Pride march on June 28, 1970. In recognition of their efforts, and in celebration of the legal advances that LGBTQ+ individuals have achieved in the fight for equal rights, we are providing a curated list of further reading on the topics of gay liberation, the Stonewall Uprising, and the modern LGBTQ+ movement in the courts and in the culture.

Then and Now

An Amazing 1969 Account of the Stonewall Uprising – The Atlantic

What Does Pride Mean Now? – New York Times

Stonewall Then and Now – The Harvard Gazette

Stonewall National Monument – National Parks Service

Timelines

The Court Cases That Changed L.G.B.T.Q. Rights – New York Times

Milestones in the American Gay Rights Movement – American Experience PBS

LGBTQ Rights Milestones Fast Facts – CNN

Intersections

Global Pride To Focus On Black Lives Matter At First Worldwide LGBT Event -- Forbes

LGBTQ communities are elevating black voices during Pride Month in solidarity – CNN

Video

Stonewall Forever: A Documentary about the Past, Present and Future of Pride

Who Threw the First Brick? Let’s Argue About It – New York Times

Stonewall Uprising – American Experience PBS

Gay and Proud – Library of Congress