No white hood? No rebel flag? Then you aren't discriminating on the basis of race. Carry on.
by digby
My piece in Salon today is about an upcoming Supreme Court decision about the Fair Housing Act. I recount some of the history of how it came to be:
In his epic history of the 1960s, “Nixonland,” Rick Perlstein observed something that few people remember: The price was very, very high for politicians who backed these civil rights laws and that’s because there was a furious white backlash. It’s common knowledge that some of that backlash was formed by the urban riots of the period. But there was something else, which he explored in greater depth in this article:
[Whites were in] terror at the prospect of the 1966 civil rights bill passing, which, by imposing an ironclad federal ban on racial discrimination in the sale and rental of housing—known as”open housing”—would be the first legislation to impact the entire nation equally, not just the South.
He recounts the confrontations that took place in Chicago, then the most segregated city in America, in “Nixonland”:
You could draw a map of the boundary within which the city’s seven hundred thousand Negroes were allowed to live by marking an X wherever a white mob attacked a Negro. Move beyond it, and a family had to face down a mob of one thousand, five thousand, or even (in the Englewood riot of 1949, when the presence of blacks at a union meeting sparked a rumor the house was to be”sold to niggers”) ten thousand bloody-minded whites. In the late 1940s, when the postwar housing shortage was at its peak, you could find ten black families living in a basement, sharing a single stove but not a single flush toilet, in”apartments” subdivided by cardboard. One racial bombing or arson happened every three weeks…. In neighborhoods where they were allowed to”buy” houses, they couldn’t actually buy them at all: banks would not write them mortgages, so unscrupulous businessmen sold them contracts that gave them no equity or title to the property, from which they could be evicted the first time they were late with a payment.
He published some of the constituent letters he found hidden in the archives of a congressman who lost his seat in 1966 over civil rights, protesting those “Open Housing” provisions in the bill before the Congress. Here’s just one example:
I am white and am praying that you vote against open housing in the consideration of Equal Rights. Just because the negro refuses to live among his own race–that alone should give you the answer. I was forced to sell my home in Chicago (‘Lawndale’) at a big loss because of the negroes taking over Lawndale–their morals are the lowest (and supported financially by Mayor Daley as you well know)–and the White Race by law. Please don’t take away our bit of peace and freedom to choose our neighbors. What did Luther King mean when he faced the nation on TV New Year’s day–announcing he will not be satisfied until the wealth of America is more evenly divided? Sounds like Communism to Americans. ‘Freedom for all’–including the white race, Please!
Martin Luther King and his fellow marchers were met with vicious anger, hostility and violence from whites in Chicago that summer culminating in MLK making his famous quip, “I think the people of Mississippi ought to come to Chicago to learn how to hate.” It was very, very ugly.
The case coming before the Supremes has to do with the "disparate impact rule.” That rule holds that you don’t have to be a an outright racist to discriminate. Recent rulings indicate that the conservative majority is convinced that unless you're wearing a white hood and burning crosses you cannot be accused of discrimination. So, this is likely to go down the same drain in which they flushed the Voting Rights Act.
.