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One Nation, Indivisible: the Civil Rights Challenge for the 1990S

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One Nation, Indivisible: the Civil Rights Challenge for the 1990S DOCUMENT RESUME ED 319 835 UD 027 436 AUTHOR Govan, Reginald C., Ed.; Taylor, William L., Ed. TITLE One ration, Indivisible: The Civil Rights Challenge for the 1990s. INSTITUTION Citizens Commission on Civil Rights, Washington DC SPONS AGENCY Ford Foundation, New York, N.Y. REPORT NO ISBN-0-9622865-0-8 PUB DATE 89 NOTE 659p. PUB TYPE Collected Works - General (020) -- Reports - Research /Technical (143) EDRS PRICE MF03/PC27 Plus Postage. DESCRIPTORS *Civil Rights; *Civil Rights Legislation; Equal Education; Equal Opportunities (Jobs); *Equal Protection; Federal Government; *Federal Legislation; Feminism; *Government Role; *Law Enforcement; Research Reports; Voting Rights IDENTIFIERS *Reagan Administration ABSTRACT This report reviews and summarizes 28 reports on the status and enforcement of civil rights legislation. All aspects of federal law and policy that deal with equal opportunity for racial and ethnic minorities, women and the elderly are investigated in the following areas: (1) administration of justice; (2) education; (3) employment rights;(4) health;(5) housing; (6) language rights; (7) minority business development; and (8) political rights. The rights of institutionalized persons and the rights of the disabled are treated in two separate sections. Each report focuses on the following major issues: (1) evidence of continuing inequality; (2) the role of the Federal Government in the development of proscriptions against discrimination as they existed in 1981;(3) the efforts of the Reagan Administration to modify or change longstanding interpretations of key protection and enforcement policies; (4) the enforcement record of agencies responsible for compliance;(5) emerging policy questions; and (6) recommendations to strengthen enforcement. The report concludes that the campaigns by the Reagan Administration to repeal fundamental policies providing for broad coverage of civil rights laws and affirmative remedies by and large were unsuccessful. However, there is confusion about the federal commitment to equality of opportunity, and the elimination of effective enforcement programs has resulted in the denial of opportunity to many. The Bush Administration must reaffirm its commitment to equal opportunity, reinstate enforcement programs, and restore the public's confidence in government's adherence to existing law. A total of 2,467 endnotes divided by chapter, information about the contributors, and a list of cases dealing with the civil rigr_s of prisoners are appended. (FMW) *********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** The Civil Rights C't ONE NATION, INDIVISIBLE: 00 Challenge for the 1990s r=4 JT 'A.11"41.11111f4 U P. DEPARTMENT OF EDUCATION Office of Educational Research and Improvement EbUCAT1ONAL RE1OURCES INFORMATION CENTER (ERIC) lyThis document has been reproducedas received from the person Cr organization originating it O Minor changes have been made to Improve reproduction quality Pants of vieworopinions stated inthis data- mint do not necessarily represent official OERIposition or policy "PERMISSION TO REPRODUCE THIS MAT RIAL HAS BEEN GRANTED BY TO THE rOUtATIONALRESOURCES INFORMATION CENTER (ERIC)." 'ee 9 One Nation, inellitisikie: The Civil Rights Challenge for the 1990s 0I') One Nation, Indivisible: The Civil Rights Challenge for the 1990s Edited by Reginald C. Govan and William L. Taylor Report of the Citizens' Commission on Civil Rights 4 Copyright © 1989 by The Citizens' Commission on Civil Rights Appendix A to Chapter V is excerpted from an article in different form in the 1985 University of Illinois Law Review 785,790-95 (1986), by permission of the author and the Board of Trustees of the University of Illinois. Cover by Rick Reinhard All rights reserved. This book, or parts thereof, may not be reproduced inany form without permission. Library of Congress Catalog Card Number: 89-061199 Library of Congress Cataloging-in-Publication Data One nation indivisible. Bibliography: p. 1.Civil rights -- United States.I. Govan, Reginald C., 1953- .II. Taylor, William L. 1931- III.Citizens' Commission on Civil Rights (U.S.) KF4749.053 1989342.73'085 89-9742 347.30285 ISBN 0-9622865-0-8 ©1989 Citizens' Commission on Civil Rights 2000 M Street, N.W. Suite 400 Washington, DC 20036 (202) 659-5565 Published by L&B Limited 19 Rock Creek Church Road, N.W. Washington, D.C. (202) 723-1600 Dedicated to the memory of Wiley A. Branton, Jr. whose skills as a civil rights lawyer, teacher, community leader, raconteur and informal historian of the movement contributed so much to the (Nye for equal justice and brightened the lives of so many people. 6 19111/1 cnrmum Mere r`kw 'vV IV 1.1.1.. 1.114.11 IVA Is= II I ,o,7 The Commissioners has many debts to acknowledge for the preparation of thisreport. Reginald C. Go/an, Director and Counsel, worked closely with all of tae individual authors andwrote the Commissioner's report. William L. Taylor, a member of the Commission, helped edit thereport and provided overall guidance for the project. Gwen Benson-Walker, projector administrator,had major responsibility for design and production of the book. Dana Washington, Mindy Kaiden, Lucy Hodderand Rick Glaser, law students, performed research for the report. Administrativesupport was provided by Donna Glover. The Commissioners also are grateful to the people who provided invaluableassistance in the production of this book Nancy Stella, Sue Vogelsinger and Barbara Parker, of Parkerand Vogelsinger, worked as- siduously to assure that the report would gain media attention and would reacha wide public audience. Jean Avery, applied her superb proofreading skills to the maruscript. Thecover photograph is by Rick Reinhard. A very large debt of gratitude is owed to the authors whose work providesthe substance of this report. Many others helped to identify source material, collect data frameanalyses, and possible reconnenda- tions. Special thanks go to Robert Burgdorf, and to the late Wiley Branton, Myles Lynk,Robert Plotkin, Thomas Williamson and Carlos Vasquez who helped identifypersons who were willing to accept respon- sibility for preparing the papers. We thank the law firms ofDewey Ballentine, Busby, Palmer and Wood and of Laxalt, Washington, Perito and Dubuc for theirgenerous hospitality in providing comfortable meet- ing space on short notice. Many persons who helped to collect dataon the record of federal civil rights enforcement were Senate and House staff. We appreciate the help of Margaret Morton, ShirleyWilshire, Antionette Cook, Erlene Patrick, Robe:t "off, Carolyn Osolinik, Jeff Blattner, Bill Lewis, Jerry Tinker, MichaelMayers, John Tresvina, TerriAnn Lowenthal, Virginia Baylan, Peter Taylor, EdmundCooke, Jr., Maureen West, Susanne Martinez, Allan Lovesee, Ricardo Martinez, Warner Sessions,Marc Smolonsky, Jeff Peck, Mark Gitenstein, Andy Rainer, Stuart Weissberg, Stuart Ishimaru, Ivy Davis,Cedric Hendricks, Larry Irving, and Patrice Johnson. Our appreciation also goes to Professors Mary Francis Berry, RobertArt, and Calvin Bradford, and Wade Henderson (American Civil Liberties Union), Marcia Greenberger(National Womens' Law Center), Phyl- lis McClure, Penda Hair, and Barry Goldstein (NAACP LegalDefense and Education Fund), Marvin Caplan, Arnold Aronson, Ralph Neas and Karen Arrington (LeadershipConference Education Fund), Melanne Verveer, Susan Liss and Susan Amsby (People for the AmericanWay), Judith Litchman (Womens' Legal Defense Fund), F Richard Larson and Martha Jimenez(Mexican-American Legal and Educational Defense Fund), Patrisha Wright (Disability Rights Legaland Educational Defense Fund), Jane O'Grady and CynCia McChotghan (AFL-CIO), William Robinson(Dean, District of Columbia Law School), Anthony Pharr (United Church of Christ), Mary CarolCombs (EPIC), Nau Aron (Alliance for Justice), Donna Shavlik (American Councilon Education), Barbara Stein and Gay Barker (National Educa- tion Association), James Head (National 1.7conomic DevelopmentLaw Project), Shanna Smith (Toledo Fair Housing Organization), Allen Fishbein (Center for CommunityChange); Dr. Bernard Gifford and Linda Wing (National Commissionon Testing), Janet Kohn (Leadership Conference on Civil Rights), David Honig (Communications Counsel, NAACP), Lisa Navarett(National Council of La Raza), Dick Warden and Betty Robinson (U.A.W.), and Cynthia Hill (League ofWomen Voters Education Fund). We also note with appreciation that James 0. Gibson of theRockefeller Foundation, and Mora McLean and Mary Lynn Walker of the Fo--I Foundation took time from theirbusy schedules to join in a all-day roundtable discussion of the papers which makeup the chapters of this book. The Commission again expresses its appreciationto the Ford Foundation both for its financial support an..i for its substantive interest in this project. 7 FOREWORD The Citizens' Commission on Civil Rights is a bipartisan group of former officials who have served in the federal government in positions with responsibility for equal opportunity.It was established in 1982 to monitor the policies and practices of the federal government and to seek ways to accelerate progress in the area of civil rights. The Commission gratefully acknowledas the support of the Ford Foundation for this study. iv S MEMBERS OF THE CITIZENS' COMMISSION Birch Bayh; Bayh, Tabbert and Capehart; William M. Marutani; Dilworth, Paxton, Kalish, Washington,
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