A summary of the main provisions

The Civil Rights Act of 1964 prohibited discrimination on the basis of race, color, religion, sex, or national origin. Title I mandated that states ensure equal access to voting and barred different voter registration standards based on race. While Southern states often used literacy tests and grandfather clauses to suppress Black voter participation, the Act required states to eliminate these practices. Title II provided measures against discrimination in public accommodations, marking the first prohibition of racial discrimination in hotels, restaurants, and theaters. The infamous "whites-only" signs of the Jim Crow era could no longer be publicly displayed. Title III mandated the desegregation of public facilities and empowered the Department of Justice to enforce compliance on behalf of affected individuals.

Title IV instructed public schools to desegregate, prohibiting the assignment of students based on race. Although challenges remain, with many Black students lacking equal educational opportunities today, this legislation was crucial in abolishing formal discrimination in education and is seen as a necessary initial step toward equity. Title V expanded the authority of the Civil Rights Commission, established in 1957, to investigate discrimination claims and gather data on "denials of equal protection." This bipartisan commission served as a national resource for information about racial discrimination.

Title VI established a non-discrimination standard for federally funded programs, while Title VII prohibited employment discrimination and created the Equal Employment Opportunity Commission to oversee enforcement. Although workplace racial discrimination persists, this was a formal attempt to tackle the issue. Title VIII required states to compile and disclose voter registration data in areas with a history of discrimination. Title IX allowed the Attorney General to intervene in court cases where 14th Amendment protections were allegedly violated. Lastly, Title X created a community relations service to mediate disputes related to discrimination, and Title XI included protections for civil rights workers.

Without the Civil Rights Act of 1964, discriminatory practices would have continued unabated, with White business owners persisting in denying access to Black consumers. Schools could have continued racial segregation, and employers would not have been compelled to address discriminatory practices. This legislation transformed America, shifting it from a nation where racism was socially acceptable to one where such attitudes are increasingly challenged. Nonetheless, the effectiveness of this legislation is contingent on the commitment of those in power to enforce it. For example, Alex Thompson noted in Axios that if Donald Trump were to be re-elected, he might seek to reinterpret Civil Rights-era laws to prioritize "anti-white racism" over discrimination against people of color. This illustrates how enforcement of the same laws can vary dramatically based on the racial biases of those in authority.

George H.W. Bush, during his campaign for a Texas Senate seat, expressed his opposition to civil rights legislation, arguing that "the new civil rights act was passed to protect 14 percent of the people," while expressing concerns for the remaining 86 percent. Such misunderstandings have fueled resistance to desegregation and equality efforts. Importantly, the Civil Rights Act protects all citizens from racial discrimination, not just African Americans. A White restaurant owner cannot refuse service to a Black family based on their race, nor can they be denied service at a Black-owned establishment for the same reason. Although Bush later expressed regret for his comments, his remarks highlighted the anti-civil rights sentiments prevalent among certain segments of White Americans. His racial attitudes also influenced policy, as he vetoed a 1990 Civil Rights Act designed to enhance workplace discrimination protections.

Many Americans are misled about the enforcement of civil and human rights. They often mistakenly believe that merely prohibiting discrimination is sufficient to eliminate it. Even achieving such protections requires a commitment to their implementation. Trump faced criticism in January after suggesting that the Civil War "could have been negotiated." This kind of historical revisionism obscures the fact that most White enslavers were unwilling to relinquish control over Black individuals. Abolitionist John Brown once stated, "Talk is a national institution, but it does not help the slave," underscoring the notion that "There will be no peace in this land until slavery is done for." As Charles V. Taylor Jr., the executive director of the Mississippi NAACP, remarked, "There is no negotiation with slavery."

If a nonviolent solution had existed, Lincoln and others would have gladly pursued it. In reality, Lincoln took a neutral stance on slavery, prioritizing the preservation of the Union. In an 1862 letter to Horace Greeley, Lincoln wrote, "If I could save the Union without freeing any slave, I would do it, and if I could save it freeing all the slaves, I would do it; and if I could save it by freeing some and leaving others alone, I would also do that." Therefore, it is historically inaccurate to claim that Lincoln was unwilling to negotiate or that pro-slavery and anti-slavery efforts could be reconciled peacefully. Securing Black freedom required enforcement, as did protecting those rights once they were established.

The rights that Americans enjoy today stem from the federal government's readiness to enforce civil rights legislation throughout history. During the Reconstruction Era, the promises of the 13th, 14th, and 15th Amendments were compromised by the withdrawal of federal troops from the South. The Equal Justice Initiative noted that President Rutherford B. Hayes' decision to withdraw troops "set the stage for the unchecked resurgence of white supremacist rule in the South, leading to the rapid erosion of political rights for Black individuals." Without consistent enforcement of Reconstruction-era provisions, Black individuals faced significant risks from racist opposition to their rights, contributing to the emergence of Jim Crow. Thus, the relationship between law and the will to enforce it is crucial, as the strength of legal provisions relies on active enforcement.

A recent instance underscores this point. In the 1960s and 70s, the Department of Education initiated an equal access mission, grounded in Title VI of the Civil Rights Act of 1964 and related legal standards. Ensuring equal access and managing formal discrimination complaints are part of the department's official responsibilities. However, significant resistance to these efforts has been observed. For example, on August 5th, the Southlake Carroll Independent School District sent a letter expressing its refusal to negotiate civil rights complaints with the Department of Education. The school board president, Cam Bryan, stated an "impasse in negotiations." Despite the Department of Education's comprehensive investigation supporting the complaints of four students, the board has thus far declined to negotiate in good faith. Allegations of discrimination based on race and sex reportedly created a hostile environment for students. However, district officials claimed that federal Judge Reed O'Conner had prohibited them from implementing or enforcing parts of the Civil Rights Act. This raises the question of whether this legislation can effectively address racial and other forms of discrimination without a commitment to enforcement.

While the Civil Rights Act of 1964 is often viewed as a solid victory, Americans must recognize that such achievements face ongoing challenges. This opposition reveals that civil rights provisions can be mere facades without active enforcement, appearing robust yet easily dismantled.

References

• Abraham Lincoln papers: Series 2. general correspondence. 1858–1864: Abraham Lincoln to Horace Greeley, Friday, August 22, 1862 (clipping from Aug. 23, 1862 daily national Intelligencer, Washington, D.C.) | library of Congress. (n.d.). https://www.loc.gov/resource/mal.4233400/?st=text
• Allen, J. R. (n.d.). The Civil War. John Brown Quotes. https://www.nellaware.com/blog/john-brown-quotes.html
• Emancipation proclamation. The Martin Luther King, Jr. Research and Education Institute. (n.d.). https://kinginstitute.stanford.edu/emancipation-proclamation
• History, G. (2024b, July 12). Juneteenth and General Order No. 3. Galveston Historical Foundation. https://www.galvestonhistory.org/news/juneteenth-and-general-order-no-3
• H.R.7152–88th Congress (1963–1964): Civil Rights Act of 1964. (1964, July 2). https://www.congress.gov/bill/88th-congress/house-bill/7152/text
• Kochi, S., & Jackson, D. (2024, January 8). Civil rights groups denounce Donald Trump’s comment that Civil War “could have been negotiated.” USA Today. https://www.usatoday.com/story/news/politics/elections/2024/01/07/donald-trump-backlash-civil-war-negotiated/72140796007/
• Letter from Carroll Independent School District to Mr. Aurelio and Ms. Gray. (2024, August 5). https://resources.finalsite.net/images/v1722897358/southlakecarrolledu/uxuwicvi2rn5niu2z38y/ResponseLtrtoOCRsigned08052024.pdf?fbclid=IwY2xjawEeSCVleHRuA2FlbQIxMAABHcOV6g0oOxrXnarveXd-vrdsTFovupw8G94mrvpXIhNoF1jVHCuNUINWAA_aem_Nb0H2J1uoVOfGadmZZfBcA
• Madeo. (n.d.). Apr. 24, 1877: Hayes withdraws federal troops from South, ending Reconstruction. calendar.eji.org. https://calendar.eji.org/racial-injustice/apr/24#:~:text=This%20withdrawal%20marked%20the%20end,political%20rights%20for%20Black%20people.
• Rhor, M. (2018, December 4). George H.W. Bush leaves mixed record on race, Civil Rights. USA Today. https://www.usatoday.com/story/news/2018/12/03/george-h-w-bush-race-civil-rights-war-drugs/2197675002/
• Southlake Carroll ISD won’t negotiate civil rights complaints with department of education, Board says. (n.d.-b). https://www.wfaa.com/article/news/education/southlake-texas-carroll-isd-civil-rights-investigation-department-of-education/287-05bbeb72-5e86-4590-9d46-9e94338e7d12
• Thompson, A. (2024, April 1). Exclusive: Trump allies plot anti-racism protections — for white people. https://www.axios.com/2024/04/01/trump-reverse-racism-civil-rights
• US Department of Education (ED). (2024, May 23). Federal role in Education. Home. https://www2.ed.gov/about/overview/fed/role.html?src=ln#:~:text=The%20original%20Department%20of%20Education,States%20establish%20effective%20school%20systems.