Discrimination

The denial of equal treatment, civil liberties and opportunity to individuals or groups. Behavior that results from prejudiced attitudes by individuals or institutions, resulting in the inequitable outcomes for persons who are perceived as different. It may occur on the basis of factors such as race, nationality, gender, age, religion, political, or ethnic affiliation, sexual orientation, marital or family status, physical, developmental or mental disability, or other similar factors. Includes the denial of cultural, economic, educational, political and/or social rights of members of non-dominant groups.

Systemic Discrimination: The institutionalization of discrimination through policies and/or practices which may appear neutral on the surface but which have an exclusionary impact on particular groups, such that various minority groups are discriminated against, intentionally or unintentionally. It occurs in institutions or organizations in their policies, practices, or procedures (e.g. employment systems: job requirements, recruitment and hiring practices, promotion procedures, etc.).

Religious Pluralism

An intentional, engaged response to the reality of religious plurality (the presence of multiple religious groups) within a community or society. Pluralism moves beyond mere recognition of religious diversity, to the positive valuing of differences as a source of potential strength for the community. Religious pluralism does not require that one view the truth claim of every single religious community as equal, but calls for recognition and respect of the truth claims and traditions of others. A perspective of pluralism encourages movement from mere toleration of differences, to positive appreciation, to dialogue and cooperation that seeks common ground from which a shared social, moral, cultural etc. framework can be created.

The Civil Rights Movement

Because of the extreme inequalities in the south after slavery was abolished, American citizens, both Black and White, created organizations focused on assuring equal rights across America regardless of race, religion, ethnicity, gender. Key issues to be addressed were legal restrictions on who could vote. Literacy tests and poll taxes had to be eliminated to assure that Black citizens could vote and have representation in government. Jim Crow Laws in the south, which effectively controlled where Black citizens could sit, shop, eat, study, etc., were challenged both legally and through political activism. (i.e; Boycotts, sit-ins, amassing of people, etc.) Segregation of the races, which had been allowed if it could be argued that the facilities provided to the races were “equal”, was disallowed. “Separate” facilities were categorically defined as unfair and illegal. Desegregation of schools and other institutions was a complex process that brought state governments in conflict with the federal government and tradition in conflict with legality. 

Dr. Martin Luther King and numerous other Black leaders created a non-violent movement to achieve social equality. The 1964 Civil Rights Act signed by President Lyndon Johnson was one of their achievements. During subsequent years some black political groups emerged promoting Black violence and the rejection of white participants in their efforts. To date, numerous civil rights organizations continue to lobby to enforce social equality between races, religions, ethnicities in America. They often monitor cases of discrimination and violations of the law. The issue of economic inequality between various American groups remains a major concern of many Americans. It is an issue that has been addressed by various pieces of social legislation but continues to be a significant issue in contemporary America.

NAACP: A Century in the Fight for Freedom An Online Presentation

From Slavery to Civil Rights: A Timeline of African American History

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Literary Resources

• Branch, Taylor. The King Years: Historic Moments in the Civil Rights Movement. New York: Simon & Schuster, 2013

• Caro, Robert A. The Years of Lyndon Johnson: The Passage of Power. New York: Random House, 2012

• Freed, Leonard. This is the Day: The March on Washington. Los Angeles: J. Paul Getty Museum, 2013

• Goluboff, Risa. The Lost Promise of Civil Rights. Cambridge, MA: Harvard University Press, 2007

• Hogan, Wesley C. Many Minds, One Heart: SNCC’s Dream for a New America. Chapel Hill: University of North Carolina Press, 2007

• Jackson, Thomas F. From Civil Rights to Human Rights: Martin Luther King, Jr., and the Struggle for Economic Justice. Philadelphia: University of Pennsylvania Press, 2009

• Jones, William P. The March on Washington: Jobs, Freedom, and the Forgotten History of Civil Rights. New York: W.W. Norton, 2013

• Lewis, John, with Michael D’Orso. Walking with the Wind: A Memoir of the Movement. New York: Simon & Schuster, 1998

• Mack, Kenneth W. Representing the Race: The Creation of the Civil Rights Lawyer. Cambridge, MA: Harvard University Press, 2012

• Patterson, James T. Eve of Destruction: How 1965 Transformed America. New York: Basic Books, 2012

• Purdum, Todd S. An Idea Whose Time Has Come: Two Presidents, Two Parties, and the Battle for the Civil Rights Act of 1964. New York: Henry Holt, 2014

• Risen, Clay. The Bill of the Century: The Epic Battle for the Civil Rights Act. London: Bloomsbury, 2014

• Sullivan, Patricia A. Lift Every Voice: The NAACP and the Making of the Civil Rights Movement. New York: New Press, 2009

The Civil War

The Civil War was a result of economic, political, and social issues (slavery) which divided the northern and southern states. The primary issue was whether or not states have the right to secede from the Union. The nature of states’ rights was being explored. Slavery was considered a blight on the nation by the majority in the more populated north where slavery was a very rare exception. The war was extremely bloody with a huge loss of life on both sides, with a higher price paid in the south. The Confederacy was defeated and the Union was preserved. Amendments to the Constitution after the war ended slavery in the US but did not achieve full equal rights for black Americans. The economy of the south as well as its political parties was shattered by the war. The issue of secession from the Union was ended but the issue of state versus federal rights is still a dynamic of American democracy.

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Positive Valuing of Difference and Negotiation of Minority Rights

Diversity of any kind in society may be viewed in different ways. Some members of the majority (whether ethnic, religious, racial, linguistic or other) may perceive minorities as potentially threatening to their previously homogeneous identity. Although from its inception the US has been constituted by people from varied backgrounds, acceptance of “the newcomers” and of “the Other” was not always easy. For example, intra-Christian tensions in the early years (e.g. between pro- and anti-establishment Protestants; later between Protestants and Catholics) were followed by suspicion of Jewish immigrants, and later of newcomers of other religious traditions (e.g. Hinduism, Islam etc.)

Diversity can also be perceived as a source of strength and richness in a society. Positive valuing of difference (or, moving from acknowledging plurality to embracing pluralism) means that one sees the heterogeneity of the population as different reflections of the human experience which can all contribute to enriching the common good. In other words, we can all learn from those who are significantly different from us – and not regard them as potentially dangerous because of “taking away” our own identity. 

Minority rights in the US today are negotiated within the context of great diversity, in light of the historical developments in the civil rights and women’s movements, and on the basis of the US Constitution.

Rule of Law

The principle of rule of law is a corollary of one person one vote, in that law (presumably determined by direct vote or voter representation) and not personality has authority. Rule by established law (instead of by arbitrary personality) creates predictability in that subject persons know the law better than they can predict the whims of a person. This predictability facilitates social stability, prosperity, and cohesion/positive relations. In this way the law provides a framework where persons can exercise their freedoms to a greater extent.

Rule of Law includes several aspects. In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following: 

“1. Laws must exist and those laws should be obeyed by all, including government officials.

2. Laws must be published. 

3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.

4. Laws should be written with reasonable clarity to avoid unfair enforcement.

5. Law must avoid contradictions.

6. Law must not command the impossible.

7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.

8. Official action should be consistent with the declared rule.”

Freedom of Religion and Freedom of Speech

When America fought for its independence from England in the late 18th century, citizens of this new country wanted certain freedoms as a foundation for the new government and society. Many of these freedoms were written into a set of Amendments to the US Constitution. The First Amendment (ratified in 1789) described the freedom of religion, speech, press, and assembly that this new government would protect for each individual.

Freedom of religion is a principle that supports the choice of an individual or community, in public or private, to express beliefs and teachings as well as practice worship and observances that identify a religious affiliation. The concept is generally recognized also to include the freedom to change religious affiliation or not to identify with a religious community at all. This freedom of religious expression is considered by many people and nations to be a fundamental human right.

The modern American conception of freedom of speech derives from the principles of freedom of the press (mainly in the context of political criticism) and freedom of religion as they developed in England, starting in the seventeenth century. Freedom of speech is the freedom to speak without censorship. The synonymous term freedom of expression is sometimes used to indicate not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations, such as libel (deliberately telling lies about someone) and the use of "hate speech.”

The right to freedom of speech is recognized as a human right under Article 19 of the U.N. Universal Declaration of Human Rights (1948) and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR – 1976).

Religious Pluralism/Plurality

Let’s start with the easy term, religious plurality. It clearly refers to a demographic fact, namely, that in a particular area or country there are multiple religious bodies. For example, this is very much the case with the United States of America, among other countries—and it is becoming increasingly true of countries which formerly were largely mono-religious, for example many European countries.

Religious pluralism, building upon religious plurality, goes further by recognizing this religious plurality as potentially adding several positive values. For one, having multiple religions in a country helps its citizens to experience in their own country the pluralistic reality of the world, rather than live in a less reality-reflecting religious cocoon, which does not adequately mirror the rest of the world’s religious multiplicity. 

Beyond that, religious pluralism tends to lead, first to toleration of the religious other, then to positive tolerance and mutual respect, and finally to dialogue and cooperation—in order to mutually make the world more peaceful and flourishing.