Ku Klux Klan

In Mississippi Marriage Ruling, Judge Gives History Lesson on Anti-Gay Discrimination

The federal court ruling striking down Mississippi’s ban on same-sex couples getting married is worth reading for many reasons. Paul wrote earlier at People For the American Way's blog about U.S. District Judge Carlton Reeves’s compelling explanation of the role of the courts in protecting Americans’ constitutional rights. The ruling is also filled with rich historical detail about the extent to which the state of Mississippi and the federal government have discriminated against LGBT citizens over the years, as well as the ways in which groups like the Ku Klux Klan and the notorious Mississippi State Sovereignty Commission used anti-gay rhetoric and innuendo in their attacks on African American civil rights leaders and institutions.

This history is an important rebuttal to bogus claims by anti-gay activists that gay people do not need to have their rights protected in law because they have never suffered from discrimination.

Quotes from the opinion, with citations removed for readability:

Any claim that Mississippians quietly accommodated gay and lesbian citizens could no longer be made in the 1960s, when prejudice against homosexuals (and other groups) became more visible during the civil rights movement. Segregationists called their opponents “racial  perverts,” while U.S. Marshals – summoned to enforce civil rights – were labeled “sadists and  perverts.” Klan propaganda tied together “Communists, homosexuals, and Jews, fornicators and liberals and angry blacks – infidels all.”

One Klan photo showed a black man touching the crotch of the white man sitting next to him, attempting to make the link between racial equality and homosexuality explicit.

Civil rights leaders had predicted the attack. In selecting the Freedom Riders, James Farmer had conducted interviews to weed out “Communists, homosexuals, [and] drug addicts.” “We had to screen them very carefully because we knew that if they found anything to throw at us, they would throw it,” he explained.

This reflected society’s notion that homosexuals were “undesirables.” It also placed civil rights leaders in the position of seeking rights for one disenfranchised group while simultaneously seeking to avoid association with another disenfranchised group. Mississippians opposed to integration harassed several civil rights leaders for their homosexuality. Bill Higgs was a prominent gay Mississippi civil rights lawyer. He was targeted for his activism, convicted in absentia of delinquency of a minor, and threatened with “unlimited  jailings” should he ever return to Mississippi.

He never did.

Reeves also discusses the case of Bayard Rustin, the openly gay African American civil rights activist who organized the 1963 March on Washington at which Martin Luther King, Jr. delivered his famous “I Have a Dream” speech.

The most interesting part of Rustin’s story, though – and the reason why he merits more discussion here – is that he was subjected to anti-gay discrimination by both white and black people, majority and minority alike. Congressman Adam Clayton Powell, a black Democrat, threatened to feed the media a false story that Rustin was having an affair with Martin Luther King, Jr., unless Dr. King canceled a protest at the Democratic National Convention.

Other persons within the civil rights movement were similarly “put off by Rustin’s homosexuality.” Roy Wilkins, an NAACP executive, “was particularly nasty to Bayard Rustin – very hostile,” in part because he “was very nervous about Bayard’s homosexuality.” Dr. King eventually had Rustin resign “because of persistent criticism of Rustin’s homosexuality and Communist ties and because of Congressman Adam Clayton Powell’s threat.”

Rustin reemerged years later as one of the principal organizers of the March on Washington for Jobs and Freedom. A. Philip Randolph and Dr. King wanted Rustin as the march’s chief organizer, but Wilkins pushed back “because [Rustin] was gay . . . something which in particular would offend J. Edgar Hoover.” The group ultimately “decided Randolph would be in charge of the march, that Rustin would be the principal organizer, but that he would stay somewhat in the background.”

The concern about offending Hoover was prescient, as the FBI Director and other top officials soon moved to use Rustin’s homosexuality against him. In August 1963, FBI Director J. Edgar Hoover, Attorney General Robert F. Kennedy, and President John F. Kennedy urgently reviewed the transcript of a FBI wiretap in which Dr. King acknowledged Rustin’s homosexuality. A day later, Senator Strom Thurmond of South Carolina “rose in the Senate to denounce Rustin for sexual perversion, vagrancy, and lewdness.” FBI “headquarters badgered the field offices for new details” of Rustin’s sex life for months.

As Reeves makes clear, this kind of persecution was not only reserved for civil rights activists.

Rustin’s story speaks to the long tradition of Americans from all walks of life uniting to discriminate against homosexuals. It did not matter if one was liberal or conservative, segregationist or civil rights leader, Democrat or Republican; homosexuals were “the other.” Being homosexual invited scrutiny and professional consequences.

These consequences befell quite a few Mississippians. Ted Russell, the conductor of the Jackson Symphony Orchestra, lost his job and his Belhaven College faculty position after he was caught in a gay sex sting by the Jackson Police Department. In the early 1980s, Congressman Jon Hinson drew scrutiny for frequenting an X-rated gay movie theater in Washington, D.C., and although he won reelection, he resigned when he returned to Washington and was caught performing gay sex acts in a Capitol Hill bathroom. As early as 1950, the State’s flagship institution of higher learning, the University of Mississippi, “forced three homosexual students and one faculty member to leave the university” because it “did not tolerate homosexuality.” Lesbian instructors at Mississippi University for Women were pushed out of their jobs, while students at other Mississippi public universities were expelled for their homosexuality. A 1979 article on gay Jacksonians said “most” remained closeted because “they fear losing their jobs, friends and families.”

Reeves discusses the anti-gay actions of the Mississippi State Sovereignty Commission, which was created in 1956 to maintain racial segregation by any means necessary.

Sovereignty Commission “[i]nvestigators and local officials also targeted local blacks and outsiders involved in civil rights activities as being sexually deviant.” They singled out Rust College, a private historically black institution, on reports that instructors there were “homosexuals and racial agitators.”

Those with power took smaller, yet meaningful, actions to discourage gay organizing and association in Mississippi. The State refused to let gay rights organizations incorporate as nonprofits. The newspaper at Mississippi State University – student-led, with an elected editor – refused to print a gay organization’s advertisement notifying gay and lesbian students of an off-campus “Gay Center” offering “counseling, legal aid and a library of homosexual literature. An advisor to the U.S. Commission on Civil Rights concluded that the Jackson Police Department took “a series . . . of maneuvers to harass members of Jackson’s gay community.” “As of 1985 not a single university campus in Mississippi recognized a lesbian and gay student group.”

Reeves’s ruling also makes clear that official discrimination is not only in the state’s past.

In 1990, the Mississippi Supreme Court affirmed a trial judge who declared that a mother, who was a lesbian, could not visit her children in the presence of her female partner. In Weigand v. Houghton, the Mississippi Supreme Court affirmed a trial judge who refused residential custody to a father in large part because he was in a long-term relationship with another man. A dissent complained that the father’s sexuality had impaired the court’s judgment, since the child would now have to live with “the unemployed stepfather [who] is a convicted felon, drinker, drug-taker, adulterer, wife-beater, and child-threatener, and . . . the mother [who] has been transitory, works two jobs, and has limited time with the child.”

In 2002, one of Mississippi’s justice court judges, frustrated with advances in gay rights in California, Vermont, and Hawaii, “opined that homosexuals belong in mental institutions.” Although he was reprimanded and fined by the Mississippi Commission on Judicial Performance, the Mississippi Supreme Court vacated the sanctions. It was more important for gay citizens to know that their judge was biased and seek his recusal than to “forc[e] judges to conceal their prejudice against gays and lesbians,” it wrote. The “Commission urges us to ‘calm the waters’ when, as the guardians of this state’s judicial system, we should be helping our citizens to spot the crocodiles.”

Reeves details a number of recent complaints and lawsuits challenging discriminatory treatment by state and local governments as well as legal inequities such as the fact that Mississippi law permits a single person to adopt a child but not gay or lesbian couples.

This kind of restriction was once supported by pseudoscience. We now recognize that it actually “harms the children, by telling them they don’t have two parents, like other children, and harms the parent who is not the adoptive parent by depriving him or her of the legal status of a parent.”

Reeves concludes the historical section of the ruling this way:

“The past is never dead. It’s not even past.” That is as true here as anywhere else. Seven centuries of strong objections to homosexual conduct have resulted in a constellation of State laws that treat gay and lesbian Mississippians as lesser, “other” people. Thus, it is easy to conclude that they have suffered through a long and unfortunate history of discrimination.

Federal Judge Gives History Lesson on Anti-Gay Discrimination

The federal court ruling striking down Mississippi’s ban on same-sex couples getting married is worth reading for many reasons. Paul wrote earlier about U.S. District Judge Carlton Reeves’s compelling explanation of the role of the courts in protecting Americans’ constitutional rights. The ruling is also filled with rich historical detail about the extent to which the state of Mississippi and the federal government have discriminated against LGBT citizens over the years, as well as the ways in which groups like the Ku Klux Klan and the notorious Mississippi State Sovereignty Commission used anti-gay rhetoric and innuendo in their attacks on African American civil rights leaders and institutions.

This history is an important rebuttal to bogus claims by anti-gay activists that gay people do not need to have their rights protected in law because they have never suffered from discrimination.

Quotes from the opinion, with citations removed for readability:

Any claim that Mississippians quietly accommodated gay and lesbian citizens could no longer be made in the 1960s, when prejudice against homosexuals (and other groups) became more visible during the civil rights movement. Segregationists called their opponents “racial  perverts,” while U.S. Marshals – summoned to enforce civil rights – were labeled “sadists and  perverts.” Klan propaganda tied together “Communists, homosexuals, and Jews, fornicators and liberals and angry blacks – infidels all.”

One Klan photo showed a black man touching the crotch of the white man sitting next to him, attempting to make the link between racial equality and homosexuality explicit.

Civil rights leaders had predicted the attack. In selecting the Freedom Riders, James Farmer had conducted interviews to weed out “Communists, homosexuals, [and] drug addicts.” “We had to screen them very carefully because we knew that if they found anything to throw at us, they would throw it,” he explained.

This reflected society’s notion that homosexuals were “undesirables.” It also placed civil rights leaders in the position of seeking rights for one disenfranchised group while simultaneously seeking to avoid association with another disenfranchised group. Mississippians opposed to integration harassed several civil rights leaders for their homosexuality. Bill Higgs was a prominent gay Mississippi civil rights lawyer. He was targeted for his activism, convicted in absentia of delinquency of a minor, and threatened with “unlimited  jailings” should he ever return to Mississippi.

He never did.

Reeves also discusses the case of Bayard Rustin, the openly gay African American civil rights activist who organized the 1963 March on Washington at which Martin Luther King, Jr. delivered his famous “I Have a Dream” speech.

The most interesting part of Rustin’s story, though – and the reason why he merits more discussion here – is that he was subjected to anti-gay discrimination by both white and black people, majority and minority alike. Congressman Adam Clayton Powell, a black Democrat, threatened to feed the media a false story that Rustin was having an affair with Martin Luther King, Jr., unless Dr. King canceled a protest at the Democratic National Convention.

Other persons within the civil rights movement were similarly “put off by Rustin’s homosexuality.” Roy Wilkins, an NAACP executive, “was particularly nasty to Bayard Rustin – very hostile,” in part because he “was very nervous about Bayard’s homosexuality.” Dr. King eventually had Rustin resign “because of persistent criticism of Rustin’s homosexuality and Communist ties and because of Congressman Adam Clayton Powell’s threat.”

Rustin reemerged years later as one of the principal organizers of the March on Washington for Jobs and Freedom. A. Philip Randolph and Dr. King wanted Rustin as the march’s chief organizer, but Wilkins pushed back “because [Rustin] was gay . . . something which in particular would offend J. Edgar Hoover.” The group ultimately “decided Randolph would be in charge of the march, that Rustin would be the principal organizer, but that he would stay somewhat in the background.”

The concern about offending Hoover was prescient, as the FBI Director and other top officials soon moved to use Rustin’s homosexuality against him. In August 1963, FBI Director J. Edgar Hoover, Attorney General Robert F. Kennedy, and President John F. Kennedy urgently reviewed the transcript of a FBI wiretap in which Dr. King acknowledged Rustin’s homosexuality. A day later, Senator Strom Thurmond of South Carolina “rose in the Senate to denounce Rustin for sexual perversion, vagrancy, and lewdness.” FBI “headquarters badgered the field offices for new details” of Rustin’s sex life for months.

As Reeves makes clear, this kind of persecution was not only reserved for civil rights activists.

Rustin’s story speaks to the long tradition of Americans from all walks of life uniting to discriminate against homosexuals. It did not matter if one was liberal or conservative, segregationist or civil rights leader, Democrat or Republican; homosexuals were “the other.” Being homosexual invited scrutiny and professional consequences.

These consequences befell quite a few Mississippians. Ted Russell, the conductor of the Jackson Symphony Orchestra, lost his job and his Belhaven College faculty position after he was caught in a gay sex sting by the Jackson Police Department. In the early 1980s, Congressman Jon Hinson drew scrutiny for frequenting an X-rated gay movie theater in Washington, D.C., and although he won reelection, he resigned when he returned to Washington and was caught performing gay sex acts in a Capitol Hill bathroom. As early as 1950, the State’s flagship institution of higher learning, the University of Mississippi, “forced three homosexual students and one faculty member to leave the university” because it “did not tolerate homosexuality.” Lesbian instructors at Mississippi University for Women were pushed out of their jobs, while students at other Mississippi public universities were expelled for their homosexuality. A 1979 article on gay Jacksonians said “most” remained closeted because “they fear losing their jobs, friends and families.”

Reeves discusses the anti-gay actions of the Mississippi State Sovereignty Commission, which was created in 1956 to maintain racial segregation by any means necessary.

Sovereignty Commission “[i]nvestigators and local officials also targeted local blacks and outsiders involved in civil rights activities as being sexually deviant.” They singled out Rust College, a private historically black institution, on reports that instructors there were “homosexuals and racial agitators.”

Those with power took smaller, yet meaningful, actions to discourage gay organizing and association in Mississippi. The State refused to let gay rights organizations incorporate as nonprofits. The newspaper at Mississippi State University – student-led, with an elected editor – refused to print a gay organization’s advertisement notifying gay and lesbian students of an off-campus “Gay Center” offering “counseling, legal aid and a library of homosexual literature. An advisor to the U.S. Commission on Civil Rights concluded that the Jackson Police Department took “a series . . . of maneuvers to harass members of Jackson’s gay community.” “As of 1985 not a single university campus in Mississippi recognized a lesbian and gay student group.”

Reeves’s ruling also makes clear that official discrimination is not only in the state’s past.

In 1990, the Mississippi Supreme Court affirmed a trial judge who declared that a mother, who was a lesbian, could not visit her children in the presence of her female partner. In Weigand v. Houghton, the Mississippi Supreme Court affirmed a trial judge who refused residential custody to a father in large part because he was in a long-term relationship with another man. A dissent complained that the father’s sexuality had impaired the court’s judgment, since the child would now have to live with “the unemployed stepfather [who] is a convicted felon, drinker, drug-taker, adulterer, wife-beater, and child-threatener, and . . . the mother [who] has been transitory, works two jobs, and has limited time with the child.”

 In 2002, one of Mississippi’s justice court judges, frustrated with advances in gay rights in California, Vermont, and Hawaii, “opined that homosexuals belong in mental institutions.” Although he was reprimanded and fined by the Mississippi Commission on Judicial Performance, the Mississippi Supreme Court vacated the sanctions. It was more important for gay citizens to know that their judge was biased and seek his recusal than to “forc[e] judges to conceal their prejudice against gays and lesbians,” it wrote. The “Commission urges us to ‘calm the waters’ when, as the guardians of this state’s judicial system, we should be helping our citizens to spot the crocodiles.”

Reeves details a number of recent complaints and lawsuits challenging discriminatory treatment by state and local governments as well as legal inequities such as the fact that Mississippi law permits a single person to adopt a child but not gay or lesbian couples.

This kind of restriction was once supported by pseudoscience. We now recognize that it actually “harms the children, by telling them they don’t have two parents, like other children, and harms the parent who is not the adoptive parent by depriving him or her of the legal status of a parent.”

Reeves concludes the historical section of the ruling this way:

“The past is never dead. It’s not even past.” That is as true here as anywhere else. Seven centuries of strong objections to homosexual conduct have resulted in a constellation of State laws that treat gay and lesbian Mississippians as lesser, “other” people. Thus, it is easy to conclude that they have suffered through a long and unfortunate history of discrimination.

PFAW Foundation

GOP Official Who Backs White Supremacist And Violent Groups Wants To Be Next Texas Attorney General

A Republican official who is running to be Texas’ next attorney general has defended white supremacists, Mormon fundamentalists and a militant Jewish group that plotted the assassination of a US congressman, the Texas Observer has found.

The Texas Observer reports that Texas Railroad Commission chairman Barry Smitherman penned a letter to his daughter’s school last year criticizing them for using literature from the Southern Poverty Law Center in a lesson on intolerance in conjunction with the book “To Kill a Mockingbird.”

In the letter, Smitherman accused the SPLC of “intolerance” specifically because of its opposition to the Crusaders for Yahweh, the Jewish Defense League, the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS), Border Guardians and the Oath Keepers. So who are these innocent, patriotic groups?

  • Crusaders for Yahweh, officially known as the Crusaders For Yahweh-Aryan Nations, is a neo-Nazi group that advocates “pro-white Christian identity [and] white nationalism.” Its founder Paul Mullet has criticized the “Jewish media,” called Obama “the Antichrist,” and railed against “nigger behavior.” CrusadersForYahweh.org redirects to a Ku Klux Klan website. 

Here’s Smitherman’s letter, courtesy of Forrest Wilder:

This is Barry Smitherman, [name omitted]’s dad. I am presently helping [name omitted] with this project. While I’m incredibly supportive of reading and analyzing “To Kill a Mockingbird,” an American Classic set in the early part of the 20th century in the rural south, I’m troubled by the “Us and Them” study material provided by the Southern Poverty Law Center (SPLC). “To Kill a Mockingbird” not only shows us the tragedy of the Jim Crow south of 60 years ago, played out horribly in the conviction of Tom Robinson for a rape that he didn’t commit, the book also highlights the strength and integrity of Atticus Finch, some of the townspeople of Maycomb, and even apparently a few of the jury members who struggled with their verdict. At the conclusion of the book, Harper Lee has given us hope that the South is moving away from discrimination based upon skin color and toward judging a man (or woman), as Dr. King would say, “not by the color of their skin, but by the content of their character.”

The Southern Poverty Law Center, however, has a more radical view of racism, hate, and intolerance. A quick review of their website shows that the SPLC considers many patriot, mormon, and judeo-christian religious groups across America, including some in Texas, to be hate groups. For example, the group “Crusaders for Yahweh” is labeled by the SPLC to be a “Christian identity” group and is placed on the SPLC’s national “hate map.” The same with the “Evangelical Latter Day Saints” (mormons), the Jewish Defense League, which SPLC calls “anti-Arab”, and the Border Guardians, which is labeled by the SPLC as “anti-immigration.” Equally disturbing, the SPLC calls out groups like “We the People”, “patriots”, The “Constitution Party,” and “oath keepers” as groups which subscribe to unfounded conspiracy theories and are “opposed to one world order”.

I identify myself as a Christian and find it intolerant for the SPLC to label me as intolerant. Same with many of the patriot groups that have organized in Texas over the last several years. I personally know members of these groups and they are focused not on racism, but on balancing the federal budget and reducing or eliminating our $16 trillion national debt.

Perhaps you are unaware of the tenants of the SPLC; I encourage you to research it thoroughly during this exercise and to explain to your students that SPLC, which allegedly fights intolerance, is itself often intolerant. Thanks for your consideration of this issue. Barry

Taco-Protesting White Supremacist Burns Cross, Runs for Sheriff in Idaho

Shaun Winkler, a Republican candidate for sheriff in Kootenai County, Idaho, showed off a slice of his family life last Friday. After clearing it with friends and family, Winkler allowed reporters to attend a monthly get-together at his compound. Winkler, a member of the White Knights of the Ku Klux Klan and a former staffer for the Aryan Nations, was hosting an old-fashioned cross-burning.

Cameron Rasmusson of the nearby Coeur d'Alene Press attended the family get-together and filed this report
The evening began like many a family picnic elsewhere in the country. Group members barbecued and enjoyed a congenial meal with one another. Afterward, Winkler called everyone's attention to speak for about a half-hour on the racial, political and social groups they opposed. Finally, once darkness fell, the evening concluded by setting a wooden cross afire. 
Winkler is competing for the Republican nomination for sheriff in a May 15th primary. He’s expected to lose badly, but in the meantime he’s participating in candidate forums and clarifying his anti-Jew, anti-“negro,” anti-sex crime platform. Rasmusson reports:
On Monday, he participated in a candidates forum at the Blanchard Community Center. He continued to insist his Ku Klux Klan ties would not impact his performance as sheriff or make him susceptible to racial profiling. Instead, he would focus on tough stances regarding drugs and alcohol.
 
"Most people don't know that we don't just oppose the Jews and the negroes," he said. "We also oppose sexual predators and drugs of any kind."
 
Winkler added that if he had his way, perpetrators of sexual crimes would be hung immediately.
Winkler has previously made a name for himself by picketing a Martin Luther King Day celebration in January, and according to Reuters, last year “Winkler and a handful of followers demonstrated at taco stands to target Latinos in Coeur d'Alene.” Officials and residents of Kootenai County worry that Winkler “will hamper efforts to dispel an image that the northern Idaho region is a haven for hate groups and extremists.” After all, Northern Idaho has traditionally been a hotbed of radical white supremacist activity, and Winkler worked for the man long at the center of it, Richard Butler.
 
Janice Schoonover, owner of a local vacation spot, complained to Reuters that Winkler’s campaign “just stirs the pot and makes us seem like something we're not, complaining that the area hadn’t “been able to shake that stereotype of white supremacists, and it's really unfortunate and unfair.”
 
But that’s probably premature. Winkler isn’t operating alone, and the Kootenai County Constitution Party recently protested a sculpture of Ganesha, the elephant-headed Hindu deity, calling it “an abomination.”

 

 

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