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Read Transcript 1 U.S. COMMISSION ON CIVIL RIGHTS + + + + + NATIONAL CONFERENCE ON CIVIL RIGHTS + + + + + A NEW ERA: DEFINING CIVIL RIGHTS IN THE 21ST CENTURY + + + + + TUESDAY, SEPTEMBER 14, 2010 + + + + + The conference was held in the Ballroom of the National Press Club at 529 14th Street, Northwest, Washington, D.C., at 8:45 a.m., Gerald A. Reynolds, Chairman, presiding. PRESENT: GERALD A. REYNOLDS, Chairman TODD F. GAZIANO, Commissioner GAIL L. HERIOT, Commissioner PETER N. KIRSANOW, Commissioner ASHLEY L. TAYLOR, JR., Commissioner MARTIN DANNENFELSER, Staff Director NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 ALSO PRESENT: WILLIAM RASPBERRY, Keynote Speaker DAVID ARMOR MINDY BARRY ROY L. BROOKS ROGER CLEGG VERNARD GANT HARRY HOLZER KAY HYMOWITZ CLARENCE B. JONES KENNETH MARCUS HEATHER MacDONALD ROBERT P. MOSES JENNIFER NILES JAMES T. PATTERSON RUSSELL G. REDENBAUGH WILLIAM STEPHNEY CAROL SWAIN ROLAND WARREN AMY WAX ROBERT L. WOODSON, SR. STAFF PRESENT: DAVID BLACKWOOD, General Counsel, OGC TERESA BROOKS MARGARET BUTLER CHRISTOPHER BYRNES DEMITRIA DEAS LILLIAN DUNLAP PAMELA A. DUNSTON, Chief, ASCD LATRICE FOSHEE LENORE OSTROWSKY JOHN RATCLIFFE, Chief, Budget and Finance MICHELLE ROYSTER EILEEN RUDERT KIMBERLY TOLHURST AUDREY WRIGHT MICHELE YORKMAN RAMEY COMMISSIONER ASSISTANTS PRESENT: NICHOLAS COLTEN TIM FAY DOMINIQUE LUDVIGSON JOHN MARTIN ALISON SCHMAUCH KIMBERLY SCHULD NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3 TABLE OF CONTENTS PAGE I. Welcome & Keynote Introduction, 5 Chairman Gerald A. Reynolds II. Keynote Address, William Raspberry 15 III. Panel I: Discrimination Then 28 and Now IV. Panel II: The Role of Family 90 Structure in Perpetuating Racial and Ethnic Disparities V. Panel III: New Tools for a New Civil Rights Era 153 VI. Panel IV: The Way Forward: Spotlight on Education 226 VII. Panel V: The Future of the Civil Rights Commission 284 VIII. Closing Remarks, Chairman Gerald A. Reynolds 334 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4 1 P-R-O-C-E-E-D-I-N-G-S 2 (8:45 a.m.) 3 MS. TOLHURST: Thank you all for coming, 4 and welcome to the Commission's National Conference. 5 We hope it will be an important and vibrant 6 discussion, and we are very glad that you are all 7 here. 8 My name is Kim Tolhurst. I'm a Commission 9 employee. I'm going to go over a couple of 10 housekeeping things for you before we get started. 11 Today's conference will be comprised of 12 five panels. Each will be moderated by one of our 13 Commissioners. During the last portion of each panel, 14 we welcome audience participation, and we hope that 15 you will have some interesting questions to pose. If 16 you do have a question, we have two microphones, here 17 and here. We welcome you to line up with your 18 questions, and, if you do have a question, please 19 identify yourself by name and organization before you 20 ask your question. 21 As you can see on your agenda, we have a 22 break after every panel. Timing is very tight, and I 23 know they are short breaks, but we have a jam-packed 24 day and don't want you to miss any of the content. So 25 please do your best to adhere to the time limits of NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 5 1 those breaks. 2 The restrooms -- if you go right out the 3 doors here, head straight down into the paneled area, 4 there are a set of restrooms to your right. If you 5 head straight down the hall and to your left, there 6 will be another set of restrooms in the kind of 7 elevator bank area. 8 If I could ask you all to silence your 9 cell phones at this time, make sure those are turned 10 off. 11 And at this point, I will introduce our 12 Chairman, Gerald Reynolds, who will give some 13 introductory remarks. 14 I. WELCOME 15 CHAIRMAN REYNOLDS: Okay. Good morning. 16 Welcome to the U.S. Commission on Civil Rights 17 National Conference. We are honored to have you join 18 us today for the start of a national conversation on 19 formulating a new civil rights agenda for the 21st 20 century. 21 This event is the product of many months 22 of planning and discussions, and we are indebted to 23 those who took the time to help us refine our concepts 24 and thinking on the critical matters that we will take 25 up today. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6 1 Decades since the passage of landmark 2 civil rights legislation and the dismantling of Jim 3 Crow, many believe that civil rights remains the great 4 unfinished business of the nation. While the early 5 civil rights movement benefitted from a moral 6 consensus uniting its proponents around the goal of 7 extending liberty to an oppressed people, there is no 8 consensus today regarding the means, methods, or goals 9 of civil rights for the 21st century. 10 The civil rights landscape, especially as 11 it relates to race, has arguably become more 12 complicated. That complication has made honest 13 dialogue about pressing issues affecting disadvantaged 14 communities treacherous ground upon which even angels 15 fear to tread. 16 Of course, there are other pressing civil 17 rights issues aside from race that are worthy of their 18 own day-long conference. But race tends to be 19 foundational. 20 As one of our panelists, Roy Brooks, has 21 so cogently noted, "Within the civil rights cosmos, 22 concerns about racial disadvantage formed the primary 23 galaxy, and within that racial galaxy black and white 24 relations form the primary constellation." 25 They are indeed foundational, and they NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 7 1 have influenced the way that we perceive and approach 2 solutions to other civil rights challenges. And yet 3 the black experience is also unique, further 4 warranting its separate treatment here today. 5 How did we arrive here? With the passage 6 of the 13th Amendment, the United States outlawed 7 slavery and, theoretically, involuntary servitude. 8 While this amendment stands as a momentous milestone 9 of our nation's effort to extend liberty to blacks, 10 the 13th Amendment and the other reconstruction 11 amendments did not dismantle the oppressive racial 12 caste system that placed severe limits on the 13 aspirations, hopes, and dreams of newly-freed slaves, 14 their descendants, and those freed prior to the 15 Emancipation Proclamation and the 13th Amendment. 16 Over the years, the struggle against 17 American -- against the American racial caste system 18 has taken many forms. It includes the Quaker who put 19 her family at risk by hiding runaway slaves. At one 20 point in our history, civil rights leaders 21 concentrated their efforts on securing anti-lynching 22 legislation. 23 Early in his career, Justice Thurgood 24 Marshall sued states to ensure that public funds were 25 equally distributed under a separate but equal regime. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8 1 Later on in his distinguished career he used his legal 2 skills to tear down the doctrine of separate but 3 equal. 4 By using the right tactics during 5 different periods of the struggle for equality and 6 liberty, we have more or less won the battle for 7 formal equality before the law. 8 Let me unpack that statement, so that we 9 understand each other. We have dismantled the racial 10 caste system that existed in our not-too-distant past, 11 and, through civil rights legislation at various 12 levels of government, we have created mechanisms that 13 allow the aggrieved to seek redress. 14 It is a huge accomplishment. It's not 15 perfect, but nothing is. But looking at where we 16 started, and where we are today, we have made a great 17 deal of progress. 18 Now, during the 21st century, we must 19 maintain our vigilance. We must ensure that all 20 Americans enjoy formal equality before the law. While 21 we have dismantled America's racial caste system, some 22 Americans' ability to pursue their dreams have been 23 hobbled due to factors like the want of a decent 24 education, or the inability to speak English or relate 25 to -- or relate in terms of language and expectations NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9 1 at the workplace. 2 Today I would like to suggest that we 3 create public policies that aim to increase the 4 productive capacity of disadvantaged Americans. Our 5 attempts to lend a helping hand to these individuals 6 have not always focused on increasing their productive 7 capacities. 8 Many times these attempts have resulted in 9 unintended consequences.
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