The renowned conservative leader, Charlie Kirk (may he rest in peace), said a lot of things during his all too short life. Much of what he said and argued was brilliant, but sometimes he said things that were unnecessarily controversial. One of those was when he discussed the 1964 Civil Rights Act. It was not that his thinking was completely wrong on this subject, but the way he brought it up clouded the issue and prevented the kind of mutual understanding the Mr. Kirk so often achieved. I would address it differently and probably get to a deeper understanding than he did.
When Charlie brought up the 1964 Civil Rights Act he started by saying it was a mistake, and then justified that stance by focusing on the essential wrongness of affirmative action. I would instead start by saying the Act was long overdue, and addressed some historical errors that had to be corrected, but that some other parts of the Act were wrongheaded.
First among those historical errors was the establishment of equal justice and rights before the law for Black Americans. Most folks don't realize or remember that prior to that Act, in many states, Black people were often denied not just the right to vote, but in addition, they could not serve on juries, could not testify in court against a White person, or bring suit against a White person. Those, and other, legal injustices had to be ended, and were rendered illegal by the 1964 Civil Rights Act.
Charlie Kirk was, however, partially correct about the second part of that act, what is called Affirmative Action, but then he didn't even mention what, in this writer's opinion, was the worst aspect of it, which was the accommodations mandates.
Going back to the 1960's, I was a young teenager when I first learned about affirmative action being proposed. I had never been involved in politics up until then, but I will always wish that I had gotten involved on that issue. From the first, I was uncomfortable with affirmative action, which was going to give preference in hiring to Black folks in an attempt to make up for discrimination in hiring in years gone by.
While I was uncomfortable with, as I termed it, wading into the waters of the judgment day, I could see that making an exception in this case made good moral sense. Black folks had been denied opportunities which, in a truly free market, they would have had. So while starting into the process of conducting some kind of judgment day was, as I saw it, fraught with all kinds of pitfalls (which have come to pass), doing something to make up for past injustices to Black folks was too important to ignore.
So I came to the conclusion, back in '65 or so, that what we should do is to make it to where affirmative action lasted only one generation or so, just long enough to allow some Black professionals and workers to get a toe hold and a presence in many fields formerly closed to them. I figured a definite sunset on the programs, after twenty, or even thirty years would be fair, and prevent us going down the path of the judgment day.
Like I said, I wish I would have spoken up about this back then, because now we are more that sixty years into this mess, and lots more groups are involved than just Black folks. It HAS become a kind of secular judgment day, and the only group left out, the only group assigned the permanent role of scapegoat is White, heterosexual, conservative, Christian males. This dynamic promises to continue until the unfairness is undeniable, and then we will probably be fooled into another round of the same wrong headed policies. It seems we must allow the pendulum of injustice to swing to one extreme or the other, and no one has the sense to stop it in the fair middle.
The other wrongheaded aspect of the 1964 Civil Rights Act, something that Charlie Kirk, to my knowledge, never addressed, was the accommodations mandates. These mandated that restaurants, motels and other public accommodations could no longer refuse to serve anyone, Black, White, or whatever. While, once again, this was dealing with a real problem, it did so by slyly taking an important aspect of a free society from us, which was the freedom of association. Over time, this squashing of the freedom of association has led to cake makers and florists being prosecuted for not wanting to create works honoring actions they find repugnant.
While the denial of public accommodations was a real problem, the way to deal with that was not by using government, but rather by employing the free market guided by moral vision. Denying the right of free association to the American people has served to divide us, to inflame old social wounds, and has not brought about the peaceful unity we all desire. As Martin Luther King once said, “”They can't make a law forcing you to love me, but they can make a law preventing you from lynching me.”. The accommodations aspect of the 1964 Civil Rights Act was an attempt to force folks to love each other, and it DID NOT WORK.
We should have used a different method to deal with the problem. Something that has been forgotten about the Civil Rights movement of the 50's and 60's is that the freedom riders, and other activist groups, did not operate only in the South. In the South they sat in at lunch counters and on buses as a way to change local and state Jim Crow laws. In the North there were no Jim Crow laws, but there were corporate and business policies enforcing segregation. In the North, activists sat in at lunch counters and the like, and worked successfully to change those corporate policies.
After Dr. Kings “I have a dream” speech, which started turning the hearts of White Americans toward racial justice, a national campaign to change corporate policy would have almost undoubtedly succeeded. I have long imagined some nice little motel, with picket fence and all, in 1965, with a “Whites Only” sign proudly displayed in the front of the parking lot. After some well run national campaigns calling all good hearted people to boycott one major motel chain after another, until they all, one by one, changed to accommodate Black folks, I can see in my mind that same little motel, in 1975, now run down, few customers and barely in business, going out and taking that “Whites Only” sign down.
In other words, that aspect of the Civil Rights act was deeply wrong headed, because it not only deprived we, the people, of our natural right of free association, but it prevented the cultural coming together that would, and should, have resulted from the change in heart that the Civil Rights Movement affected.
With freedom of association intact, White business owners would have been under soft but unrelenting social pressure to offer accommodations. Black folks would have been under similar pressure to be on their best behavior so as to confirm the sentiment that it was time to come together as a people. Instead, with freedom of association nullified, White business owners operated under resented legal demands, and Black folks often abused the situation, angrily threatening lawsuits anytime their eggs were not properly cooked, It might have felt like a moment of satisfying comeuppance, but it made things worse, not better.
In conclusion, I wish Charlie Kirk were still alive, so I could talk to him about this subject. Instead of starting off a conversation about the 1964 Civil Rights Act by saying it was a mistake (which he did), I would advise a different approach. Admit that the 1964 Civil Rights Act was long overdue, and that it restored some rights to Black people that had long been denied. However, parts of that Act were misconceived, and worked against the noble goals of the Act. Both the Affirmative Action, and the accommodations portions should have been rethought, and done in a better way. If we had done that, we would probably be much closer to MLK”s dream of the “beloved community” than we are today.
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