Many have been surprised and confounded by the appearance of “reparations” as a point of serious discussion for the 2020 presidential debate. For a few, those whose personal family histories intersect with chattel slavery and/or who have served as next generational holders of the demand for reparations, this is a moment in history whose time has finally come.  And let us not miss the symbolic meaning of a long overdue U.S. congressional hearing on reparations occurring on Juneteenth, 2019.

Juneteenth is the remembrance of the day of African-American freedom, in which many heard for the first time the reading of the Emancipation Proclamation. And 2019 is also the 400-year anniversary of the slave ship, “White Lion,” landing at “Point Comfort,” Virginia, with 20-plus surviving enslaved Africans aboard. Finally, for my family, 2019 is the centennial in which our family was again dismembered, seeking refuge from the terror of the 1919 Elaine, Arkansas, race massacre. My great uncle fled the U.S. and expatriated to Brazil with his young family. We now have six generations of family members in Brazil. 

With this much injustice still unresolved, the quest for healing and reparations must go on.

Reparations, as a point of faith and law, is not a new conversation. In 1894, Callie House, the mother of the reparations movement in the United States, said, “We deserve for the government to pay us as an indemnity for the work we and our fore parents was robbed of from the Declaration of Independence down to the Emancipation” and that“[m]y whole soul and body are for the slave movement and I am willing to sacrifice for it.”

Mrs. House, the Rev. Isaiah Dickerson, and the Rev. Augustus Clark founded the National Ex-Slave and Mutual Relief Bounty and Pension Association. Ms. House had been born in a camp of freed slaves. Between 1894 and 1915, there were over 200,000 members throughout the South and active chapters in Oklahoma, Kansas, Indiana, Ohio, Illinois, and New York.  The organization introduced some five bills and claims against the U. S. government and the Treasury Department, including a $68 million suit. In 1917, after a 10-year postal investigation in which she was exonerated, she was sentenced to one year for fraud for using the mail to distribute one leaflet.

read the full reparations series

An MRB&PA broadside that features both Isaiah Dickerson and Callie House (National Archives)

Since the late 1800s, many have attempted to promote the claim for reparations. Though seldom quoted, in 1963, Martin L. King noted: “While no amount of gold could provide adequate compensation for the exploitation of the Negro American down through the centuries, a price could be placed on unpaid wages.”

In May 1969, Rev. James Foreman, supported by other African-American faith leaders, walked down the church aisles at the historic Riverside Church in New York City and read a “Black Manifesto” that had been adopted in April of the same year by the National Black Economic Development Conference in Detroit. The manifesto demanded $500 million as a “beginning of the reparations due us as people who have been exploited and degraded, brutalized, killed and persecuted.”

In 1989, U.S. Rep. John Conyers (D-Mich.) took the question of American slavery to the heart of the national political process with the proposed resolution to establish a study commission on American slavery. H.R. 40 remains a resolution, introduced into this Congress by Rep. Sheila Jackson Lee (D-Texas). Moreover, I along with many other U.S. citizens of African descent went to South Africa and not only witnessed America’s refusal to officially participate in the 2001 UN World Conference Against Racism, but we also experienced the unsuccessful U.S. efforts to derail African and Caribbean nation-states from supporting the declaration that “the Trans Atlantic Slave Trade was a crime against humanity.”

And, here we are June 19, 2019, in the halls of Congress, pricking the mind and soul of America to do what is right about the human rights of people of African descent in this nation in the ongoing quest for reparations! In the words of the legendary lawyer and jurist, Thurgood Marshall, “Sometimes history takes things into its own hands.”

In his classic novel, “Juneteenth,” Ralph Ellison tells a story of a former jazz musician preacher, Rev. Hickman, and the son he raised who betrayed his commitments. Powerful words in the novel speak to today’s time: “Blood spilled in violence doesn’t just dry and drift away in the wind, no! It cries out for restitution, redemption.” Ellison also had questions that continue to haunt us today: “How can the many be as one? How can the future deny the Past? And How can the light deny the dark?”

These poetic words penned from the hand of Ralph Ellison are a glimpse into the culture, faith, and hope that propelled Thurgood Marshall and so many others over the years to speak life into the movement that has brought H.R. 40 to the forefront of today’s American political debate. These poetic words prophetically captured the significance of me being able to organize a pilgrimage several months ago of over 700 clergy leaders to visit the Equal Justice Institute in Montgomery, Alabama. There the sacred spaces and grounds of the Legacy Museum: From Enslavement to Mass Incarceration and the National Memorial for Peace and Justice commemorated those African Americans — men, women, and children — who were lynched. Yes, we celebrated the vision and tenacity of attorney Bryan Stevenson to make America look at itself.

Bronze sculpture "Raise Up" at the National Memorial for Peace and Justice (Associated Press)

In an era in which xenophobia and divisive, hateful, and racialized rhetoric and policies are spewing from national, state, and local centers of power, H.R. 40 is creating a path to e pluribus unum (out of many, one) and shedding the light upon centuries of denial and the real fake news of America’s past: U.S. prosperity is the result of rugged individualism and American exceptionalism.

As general secretary of the Samuel DeWitt Proctor Conference (SDPC), a United Nations nongovernmental organization, I have engaged other faith leaders and traditions in multiple convenings on four continents in the past six months, interrogating the efficacy of reparations to transform and help bend the arc of the moral universe towards justice. At the heart of these conversations is the acknowledgment that reparations are more than a matter of money. True reparations also involve a process of intentional healing for those who experienced the harm and for those who were enriched by the harm, which sets right and repairs the institutional structures, policies, and practices which sustain the harm.

In a time of intensified Afrophobia and xenophobia, many faith communities are turning inward to identify, name, and seek reparatory justice for their complicity in the trans-Atlantic slave trade and the damage it has wrought on generations of people of African descent. The late theologian, Dr. Katie Geneva Canon echoes Justice Marshall’s words: “Even when people call your truth a lie, tell it anyway.”

As the trans-Atlantic slave trade system and its aftermath were global, so have been the documentable consequences. SDPC just held a truth-telling commission in Elaine, Arkansas, around the consequential damages and harm done to generations of Black families after the Elaine Massacre of 1919. The poignant stories of killings of scores of Black people in a church, continued massacres throughout the county, acres of land and cotton theft, federal troops being complicit in the murdering, false imprisonment, and fake trials of the victims undergird the facts and oral narratives impacting multiple generations.

Indeed, as Callie House and Rev. Dr. King said, there is no amount of money that can ever compensate for the dismembering of families, cultures, histories, and opportunities. There is no amount of money that can fully atone for the terror and trauma that has been endured and passed on through generations. What can happen is that all of us embrace a call whose time has come. What can happen is that we break the silence and stand for right and the rights of others. That is why I stood at the border in McAllen, Texas, and why next month I will join others for the “Year of Return” to Ghana, West Africa. Many argue that the reparations issue is too complex, and therefore remedies and restitution cannot be implemented through the judicial system.

I beg to differ!

Where we go from here is being discussed at the global, national, and local levels in ecumenical and interfaith circles. In the Christian sacred text, the narrative of the tax collector Zacchaeus (Luke 19: 8-9) informs faith leaders and communities, offering parallels and possibilities for remedy. Zacchaeus found peace by giving away possessions to the poor, atoned for cheating others, and paid back four times what he gained.

The Zacchaeus narrative has transformational impact by acknowledging real transgenerational harm done, owning up to benefits inured, and seeking to lead the way to reparatory justice and reparations. At the intersection of faith and the law in today’s context, advocating for tax justice and connecting the social and ecological damage and debt that continue to manifest are principles of justice that can lead down pathways of reparatory justice, reparations, atonement, and human rights protections for ever more.

The late theologian, James Hal Cone said: “black people will not be silent as our children are thrown into rivers, blown into eternity, and shot dead in the streets. Black lives matter. God hears that cry, and Black liberation theology bears witness to it.”

I will continue to bring truth, light, and healing to my Black and white students who often feel cheated, betrayed, and disillusioned when they understand how America’s refusal to acknowledge its past makes them heirs to a nation at war with itself.

Indeed, it behooves all of us to stay woke, show up, be truthful, be courageous, and be prepared to create new paths. At local, national, and global levels, the SDPC and I are challenging the faith community to establish entrepreneurial development, solicit contributions, and distribute trust and investment funds in ways that support the 10-point plan for reparatory justice of the National African American Reparations Commission (NAARC).

The 10 points are:

1. Formal Apology and Establishment of a MAAFA/African Holocaust Institute

2. The Right of Repatriation and Creation of an African Knowledge Program

3. The Right to Land for Social and Economic Development

4.  Funds  for  Cooperative  Enterprises  and  Socially  Responsible  Entrepreneurial

Development

5.   Resources   for   the   Health,   Wellness,   and   Healing   of   Black   Families   and

Communities

6. Education for Community Development and Empowerment

7. Affordable Housing for Healthy Black Communities and Wealth Generation

8. Strengthening Black America’s Information and Communications Infrastructure

9. Preserving Black Sacred Sites and Monuments

10. Repairing the Damages of the “Criminal Injustice System”

NAARC will continue to amplify the voices for reparatory justice and reparations. We are pleased to be in partnership with the ACLU in its efforts to encourage greater discourse around reparations.

In short, justice looks like the establishment of the likes of a “Marshall Plan” after World War II — a plan and fund that does not take America back but resets the terrain for America’s future to be an authentic state of “equality and justice for all,” to live up to its founding principle, E pluribus unum.

Rev. Dr. Iva E. Carruthers serves as founding general secretary of the Samuel DeWitt Proctor Conference, Inc., an interdenominational Black church network of congregations, clergy, and lay leaders as well as a United Nations nongovernmental organization. She is a commissioner of the National African American Reparations Commission. She is professor emeritus at Northeastern Illinois University, co-producer of educational television and software programs, and published author in the areas of sociology, technology, and theology. She holds a Ph.D. degree in sociology from Northwestern University, a Masters of Theology from Garrett Evangelical Theological Seminary, and has been the recipient of several post-doctoral appointments, awards, and honors

 

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Thursday, June 20, 2019 - 1:45pm

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President Trump announced today that former Immigration and Customs Enforcement (ICE) director Thomas Homan will return to his administration as “border czar,” a new post he described during an interview with “Fox & Friends.”

The news comes immediately after we’ve learned even more shocking revelations about the treatment of migrant families and children in U.S. custody, including along the border. But Homan’s appointment will likely intensify the cruelty of the administration’s border policies.

Homan was one of three administration officials, including current Department of Homeland Security (DHS) Secretary Kevin McAleenan, who signed a memo to now-former Secretary Kirstjen Nielsen which paved the way for the family separation policy. The memo stated that DHS could “permissibly direct the separation of parents or legal guardians and minors held in immigration detention so that the parent or legal guardian can be prosecuted.”  It also recommended that the department “pursue prosecution of all amenable adults who cross our border illegally, including those presenting with a family unit, between ports of entry.”  Thousands of parents and children continue to suffer the consequences of this viciously cruel decree.

While Homan was the one who recommended the policy of family separation, he tried to blame everybody but himself. He claimed that “you’d have to put the blame on the parents” for family separation and echoed Trump’s false talking point that Democrats in Congress were the ones responsible for the policy. In reality, it was a decision made and put into practice by none other than the Trump administration itself.

Under Homan’s leadership, ICE ramped up its arrests; targeted so-called sanctuary communities; pushed for extending detentions of pregnant women and presided over two dozen deaths in custody; retaliated against immigrant rights activists; arrested unsuspecting people who showed up to U.S. Citizenship and Immigration Services offices for routine interviews; and apprehended people going to court hearings, including survivors of domestic violence.

ICE also showed a pattern of dishonesty under his leadership, systematically ignoring clear violations of basic detention standards at their brutal detention facilities and even going so far as to mislead a judge in one case in order to accelerate efforts to detain and deport Iraqi-Americans.

Homan defended ICE’s growing number of arrests of people without criminal records by insisting that all immigrants without immigration status ”[s]hould be uncomfortable. You should look over your shoulder and you need to be worried,” he said. Public officials who adopt so-called sanctuary policies to advance their communities’ public safety, Homan said, should be arrested.

Since leaving ICE, Homan joined the Fox News Channel as a contributor, where he has continued to push anti-immigrant messages to a broader public and the network’s number one fan in the White House. On Fox, Homan doubled down on his rhetoric, boasting that “there should be fear in the immigrant community,” and urging the president to close the U.S.-Mexican border.

While it is still unclear what Homan’s new position entails, his record should disqualify him from any position in the federal government—and particularly one that will once again put him in a position to subject children and families to unconscionable treatment.  Congress must continue to use its oversight power to hold Homan accountable for anti-immigrant abuse.

Brian Tashman, Political Researcher and Strategist, ACLU

Date

Friday, June 14, 2019 - 4:45pm

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Since taking office, the Trump administration has launched a systematic attack on laws that exist to protect all of us from discrimination when we seek basic health care.  Today, we’re taking them back to court over it.

Last month, the Department of Health and Human Services (HHS) resurrected a policy that allows health care providers — including hospitals, clinics, and doctors’ offices — to use their religious beliefs to withhold critical information and obstruct patient’s access to health care. In 2009, the ACLU challenged the original version of the rule. Ten years later, we filed a lawsuit to, once again, preserve access to evidence-based, nonjudgmental health care and ensure that medical standards — not religious belief — guide health care.

There is no better example of “a solution in search of a problem” than this policy. In finalizing this rule, the government highlighted a number of cases the ACLU brought to protect patients from discrimination. The rule cites three of our clients: Tamesha Means, who was turned away three times by a religiously affiliated hospital in the midst of a miscarriage of a non-viable fetus, without being provided even the basic counseling that her own life could be in jeopardy if she did not access an emergency abortion; Rebecca Chamorro, who was denied a standard postpartum tubal ligation at the religiously affiliated hospital where she was scheduled to give birth — although her doctor was ready and willing to perform it; and Evan Minton, whose hysterectomy was cancelled by a religiously affiliated hospital the day before it was scheduled to take place when the hospital learned he is transgender.  

According to the Trump administration, the problem is not that Tamesha Means developed a life-threatening infection, that Rebecca Chamorro had to undergo an unnecessary surgical procedure, or that Evan Minton was denied essential gender-affirming care. The problem is that they all stood up and challenged the institutions that put religious directives before their health and wellbeing.

This rule would do nothing to prevent the harm these patients suffered as a result of being denied care. Indeed, by transforming the hospitals’ unlawful act of turning patients away into a protected exercise of religious liberty, this rule would only cause more patients to be discriminated against and deprived of the care they need. That’s not just a bug in the system — it’s the whole point.

We raised exactly these problems when HHS first proposed this rule in 2018. But HHS moved forward with it anyway, resulting in an even more extreme final rule. HHS has even declined to clarify whether the rule applies in emergency situations, potentially leading to refusals of care with dire consequences.

The administration claims this rule is needed to protect religious liberty, but religious liberty does not include a license to discriminate, to deny essential care, or to cause harm to others. There are already safeguards in place to protect employees’ religious beliefs. All this rule does is encourage discrimination against patients, sending a clear message about what discrimination is tolerable and who is worthy of protection.

Like so many of this administration’s policies, the refusal of care rule would have its most profound impact on access to reproductive health care, particularly for the millions of patients — who are disproportionately Black and Latinx — seeking options counseling and a referral for abortion in the Title X program.  Under the rule, if a pregnant patient requests counseling, a nurse could refuse to provide information about abortion, leaving that patient without a complete picture of the available options.  The clinic where the nurse works may not know that the patient did not receive complete counseling because, under this policy, the clinic is only permitted to ask staff members about their objections to doing their jobs once a year. 

And even if the clinic learns that the nurse is refusing to provide complete options counseling to patients, the rule is so absolute that the clinic could have no option but to hire additional staff to provide the services or risk losing all its federal funding if it violates the rule. Because that is unrealistic for most clinics operating under extremely tight budgets, practically this means the clinic would likely have to cut services, diminish the quality of those services, or discontinue them altogether.

The refusal of care rule’s failure to account for patients’ wellbeing not only flies in the face of everything the Title X program stands for, it also undermines basic principles of medical ethics and informed consent. 

The ACLU and NYCLU brought this challenge with two organizations who have been leaders in this fight: the National Family Planning & Reproductive Health Association (NFPRHA), the lead national advocacy organization for the Title X family planning program representing hundreds of health care providers across the country; and Public Health Solutions, Inc. (PHS), the largest public health nonprofit serving NYC, including tens of thousands of uninsured and underinsured New Yorkers each year. We refuse to stand by as access to health care is pushed further out of reach for this country’s most vulnerable populations.  

The refusal of care rule violates the Constitution and numerous federal legal protections for patients and so the rule should be prevented from going into effect.  Contrary to what this government would have you believe, the “problem” is not that people are seeking basic health care; the problem is that the Trump administration is doing everything it can to undermine access to that care as well as to embolden discrimination in the process.

Lindsey Kaley, Staff Attorney, ACLU

Date

Tuesday, June 11, 2019 - 4:00pm

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