Pursuing the Ideal of Equality

 

To consider the ideal of equality in the story of the United States, there is a certain beauty and simplicity in beginning with the Declaration of Independence, which affirms inalienable human rights and equality of all people. As noted previously, this document is not legally binding, but serves as an ideal toward which we strive, recognizing that our start on the journey as a country was immeasurably far from the ideal.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.

 

From a broader, international perspective, consider The Universal Declaration of Human Rights which includes among its affirmations Article I which reads “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[1]

The larger arc of this story is that the Constitution originally established and protected the rights of the male ruling class of property owners, very far from the ideal of the equality of all persons. Slowly, gradually, and with much pain and toil, the law of the land is has undergone many changes to evolve toward the ideal of equality. Many interpreters and admirers of the Constitution have marveled at its apparent capacity to stand as a basis for this development. In that journey the first major step would be the “Bill of Rights,” the first ten amendments to the constitution which were passed and ultimately ratified by the requisite number of states in 1791. These amendments address and protect, in brief, (1) freedoms of religion, speech, press, assembly, (2) the right to bear arms, (3) quartering of troops (4) unlawful search and seizure, (5) self-incrimination and guarantee of judicial due process, (6) the right to trial by jury, (7) guidelines for civil suits, (8) protection from excessive bail and cruel and unusual punishment, and (10) states’ rights. It is important not to overlook Amendment (9), which states … “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This provision is generally interpreted to provide for the reality of rights not yet specified so as to make it clear that the constitution nor the amendments limit the scope of human rights under the law.

     This is a principle that we will do well to hold in our mind as we interpret the slow expansion of human rights and equal rights outside the scope of white male property owners. The ideals of the Declaration of Independence may be ever behind us, or before us, or as it were, above us, but history in the United States reveals that the holders of power do not relinquish that power on moral grounds. A morally based expansion of civil rights would have settled many issues of human equality in the United States by the middle of the 1800s as abolitionists and suffragists traveled throughout the states spreading their religious and moral message. They were opposed at every turn equally by the business interests and the Christian religious authorities and norms. 

     In U.S. race history, more than any other area, the ideals of freedom and equality have been contradicted by the surrounding historical realities of the slave trade, slave labor, slave morality, and the legal system of humans as the property of other humans. This moral myopia is characteristic of many chapters of our American history. In retrospect we can recognize the profundity of  “all men are created equal.”  Was this a stroke of genius? …an act of God?  However, the truth is that when written, those who affirmed it could barely begin to comprehend and apply its application. I hold that we all stand to learn from our mistakes so as thereby to strive for our better selves, individually and collectively.

Slavery and Equality

The very existence of slavery anywhere that it has existed screams inequality at a most fundamental level. However, this gigantic blind spot was reality for the first 90 years of the existence of the United States (and many years before 1776). The abolitionist movement against slavery was infused with many different ideals not all consistent, and not all based on equality. Anti-slavery sentiments were  mingled with doctrines of racial superiority, segregation, and African colonization, for example. Some abolitionists, foremost including William Lloyd Garrison and Frederick Douglass, boldly took a stand to promote a moral and spiritual message of immediate abolition and the potential unity of black and white American citizens in the spirit of the Declaration of Independence. This stream of the movement was consistent in rejecting segregation or removal by colonization as inconsistent with the inherent and inalienable rights and equality of all men.[2]

Rights and Equality After the Civil War

     15th amendment prohibited denial of the vote on the basis of race or former slave status. Initially former slaves and former free blacks became very active in the political process, even taking a majority or near majority in several southern states. White supremacy interests quickly and effectively rolled back these voting privileges and political participation, by enacting various literacy tests, history tests, religious tests, and poll taxes that were implemented under the absolute authority of local election registrars who had no intention of allowing black suffrage. Beyond the electoral and political sphere, Jim Crow laws stripped away any semblance of equal rights and privileges for black citizens across the board. This system became pervasive throughout the former slave states and remained deeply entrenched until the Civil Rights movement beginning in the middle of the 1950s. Thus, citizenship participation equality gained in principle in 1865 was not enjoyed to any significant extent for many decades after the abolition of slavery.

     Almost 100 years passed before the persistent fight for civil rights for black Americans began to bear fruit through determined litigation in the court system. A significant milestone in this fight was the Supreme Court case of Brown v. Board of Education in 1954 which found state sanctioned racial segregation of schools to be unconstitutional. In dramatic fashion, the civil rights movement gained momentum for the next decade leading to the Civil Rights Act of 1964 and the Voting Rights Act of 1965 (which has recently been significantly rolled back). This legislation, along with the 1965 Immigration and Naturalization Act, marked a significant legal change in federal law to turn from an entire century of race based inequity, oppression, and a plethora of creatively constructed barriers preventing minority citizens access to tangible resources. 

By no means can we conclude that these changes in federal law have addressed or provided remedy to the previous 350 years of racial inequity that pervaded every aspect of law and society. Discussion of this important and relevant issue is beyond the scope of the present volume.[3] But the legal history of the expansion of legal rights for black Americans is illustrative of the gradual process of change that we have witnessed in the moral progress represented by expanding equality under the law.

A similar path of moral development reflected in legislation passed to address historical injustice and inequity can be observed with other people groups represented in our society. The ideal of equality is severely challenged by our treatment of the original native inhabitants of the expanding United States. A multitude of agreements and treaties that governed this relationship for the first century of our nation’s history were wiped out in the systematic removal of virtually all Native Americans to reservations in the west in the 1830s and 1840s. Significant congressional attention to these injustices is represented in legislation beginning in the 1930s such as the Indian Reorganization Act, the Indian Civil Rights Act, the Indian Self-Determination and Education Assistance Act, and the Indian Child Welfare Act, addressing the historical practice of removing Native American children from their communities and placing them in non-Indian homes.[4]

From the founding of our nation, immigration was allowed and encouraged, but naturalization was restricted to free whites until after the Civil War. The 14th Amendments not only extended citizenship to former slaves, but to all persons born or naturalized in the United States, irrespective of the nationality of their parents. Further codification of immigration policy after the Civil War consistently favored white Europeans. Asians were the first to experience restrictions, and many came to the United States as laborers. The Chinese Exclusion of 1882 codified restrictions limiting Chinese immigration and restricting Chinese travel to labor purposes. This legal status remained in effect until 1943. In the 1920s, immigration quotas came into effect, and generally, almost all Asians and most Southern and Eastern European immigration was strictly limited, while immigration from Western Europe continued at a more rapid pace. From 1952 to 1965, racial distinctions were omitted from immigration restrictions, however other means of establishing quotas favored immigration from Ireland, the United Kingdom, and Germany. 

The consistent theme of all immigration legislation until 1965 was based on principles favoring whites and those from Western Europe, and restricting all others -  Mexicans and Latin Americans, Asians, Indians, Africans,  and those from Eastern Europe. The idea that "all are created equal" was not a guiding principle for immigration policy. The Immigration and Nationality Act of 1965 did not eliminate regional quotas altogether, but equalized them somewhat on a geographic basis, and also established criteria for naturalization that included labor skill and family unification (existing relatives in the United States). 

The past five decades since these significant revisions of federal civil rights law and practice with regard to race and nationality has been a period in which other excluded groups continue to fight for rights denied in various legal and civil spheres. Early women’s rights movements started in the mid nineteenth century and included many crossover advocates who also worked for the abolition of slavery. Marking the Seneca Falls Convention in New York (1848) as the formal beginning of this movement, the 19th Amendment to the Constitution extended suffrage to women in 1920, after approximately 70 years of activism. The Equal Rights Amendment (ERA) was passed by Congress in 1972 and ratified by the requisite number of states in 2020, however, it remains in a legal limbo between ratification and full status of law. The ERA has been approved by three-fourths of the states, a number which includes Texas and Tennessee, but none of the other Bible belt states.

In the legal realm most relevant to the subject matter of this volume – religious and legal exclusion and oppression of persons on the basis of sexual orientation or identity, there is a great deal of legislation under consideration that could address the issue of equality for these groups. Marriage equality was only recently gained for same-sex couples in 2015 by the Supreme Court decision Obergefell v. Hodges, however, this was a 5-4 decision, reflecting the legal and political reality of the struggle for equality. This right was further solidified by the Respect for Marriage Act, passed by Congress in 2022.

The extremely arduous path toward full civic equality for all persons, not qualified by sexuality, gender, race, ethnicity, geography, or other characteristics, is affected by the willingness of people of faith and communities of faith to recognize the moral development of human inequality and equality in our history, the proper provenance of law and religion, and the sensitive issues of Bible interpretation in the light of the historical distance from ancient cultures, and above all, in the light of love.  



[1] (https://www.un.org/en/about-us/universal-declaration-of-human-rights)

[2] Blight, D.W., Frederick Douglass, p. 90 and Meyer, Henry, All on Fire: William Lloyd Garrison and the Abolition of Slavery, p. 110.

[3] See my companion volume, Deconstructing Christians and the Third Wave: Unstoppable Beloved Community, Part 3: Reflections on Race, and Chapter 24: Truth, Justice and Reparations.

[4] Library of Congress Research Guides. https://guides.loc.gov/american-indian-law/Legislation