Thomas Dartmouth Rice was a struggling young white actor in New York in the 1830’s. He wrote a song based on a Black man singing a slave song, which included the lyric, “Eb’ry time I weel about I jump Jim Crow.” Minstrel shows with actors in Black face spread the popularity of the song and the term. By the late 1830’s, the term Jim Crow was established as a slur similar to “coon” or “darkie.” By the end of the century, it was being used to describe the legislated oppression of Black people throughout many states.
The Federal constitutional amendment that freed the enslaved people and other Federal laws to follow were supposed to make it difficult for states to treat Black people differently, but states found many ways around that. The Civil Rights Act of 1965 put an end to most of those legal loopholes, but ongoing litigation continues to challenge laws as discriminatory. The ghost of Jim Crow lives on in our legal code.
Most people think of Rosa Parks first when they think of people who challenged the Jim Crow laws. But seating restrictions on a bus was only one of many ways in which the laws oppressed Black people. Miscegenation (inter-racial marriage or procreation) was outlawed in many states, at least temporarily. Inter-racial adoption was another common prohibition, even in northern states. Schools, libraries, bathrooms, locker rooms, voting, telephone booths, railroad cars, entrances to public facilities, hospitals, and mental health facilities were all segregated by law somewhere in the country.
It is hard to imagine that world today, if you didn’t live through it. And even if you did, you might not have noticed it if there weren’t many Black people in your town. Today the challenge is to notice when a law might have a bias that isn’t immediately obvious, because it’s hidden below layers of other purposes. We can often end up with “unintended consequences” of Racism when we aren’t looking for it. Only statistics can later point it out.
A glaring example of a new Jim Crow law is the Anti-Drug Abuse Act of 1986 that states that a person apprehended with 50 grams of crack cocaine should be sentenced to a minimum of 10 years. A person caught with the same amount of powder cocaine would receive no jail sentence. To receive 10 years, that person would need to have possessed 100 times that amount.
On the surface, this makes no sense because the drugs are essentially the same in their harmful effects. But the difference was that crack was the drug on the streets in the Black communities, while cocaine was primarily used by white, middle class addicts. This is an example of how a new law can perpetuate Racism.
Your practice today is to think about how you trust your law makers to put their proposed laws through the “race” test. Do you trust that our constitution and the major laws like the Civil Rights Act are enough to fix things that go wrong? Do you ask your elected administrators to uphold the essence of these laws, even when not expedient? Think about your own town. What happens with transportation, schools, libraries, public accommodations, employment, and all other aspects of life that could be improved? Are there any Jim Crow laws that are still hiding in your city or state code? How would you know?