Ralph Ellison immortalized "Juneteenth,"
the annual celebration of the anniversary of June 19, 1865, when the
enslaved Africans in Texas were actually emancipated, in his posthumous
novel of the same name. Ellison's title refers to the date
when Union General Gordon Grander rode horseback into Galveston,
Texas and announced to nearly 250,000 slaves that President Abraham
Lincoln, with a stroke of a pen on the Emancipation Proclamation,
had declared them free on January 1, 1863 – more than two years
earlier.
Upon hearing the news, the reaction of the newly freed slaves wasn't
surprising: they dropped their plows and celebrated their
freedom.
In reality, however, the Emancipation Proclamation did not free
any slaves, its terms were carefully limited to those areas under
the control of the Confederacy and thus beyond the reach of federal
law.
Indeed, it wasn't until 2 ½ years after the signing of the
Emancipation Proclamation, when a regiment of the Union military,
led by Granger, arrived in Texas with the news of slavery's end,
and the power to enforce the proclamation, that Lincoln's proclamation
finally made slaves free. This delay, Ellison said, is a "symbolic
acknowledgement that liberation is a never-ending task of self,
group and nation."
Today, Juneteenth is a vivid historical example that obtaining
rights at law does not necessarily confer rights that have actual
force. It is for this reason that Juneteenth celebrants are
often conflicted.
On one hand, Juneteenth marks the Republicans' critical recognition
that unless action was taken to safeguard the freedmen's status,
Democrats would force Blacks back into slavery, thereby sustaining
the economic dispute that led to Civil War. In recognition
of the entrenched white resistance to Black emancipation, the post-Civil
War Congress enacted the Thirteenth, Fourteenth and Fifteenth Amendments,
which ended slavery, made former slaves citizens, and protected
them from future white supremacy by granting them the right to vote
free of racial discrimination.
On the other hand, Juneteenth marks the time when the newly enfranchised
Black population in the South met massive resistance from whites.
Among other things, this resistance took the form of a century of
poll taxes, grandfather clauses, literacy requirements, and disfranchisement
policies.
The struggle continued with the passage of the Voting Rights Act
of 1965 and now many, but not all, barriers used to prevent Blacks
from the effective use of their votes are unconstitutional or illegal.
One vestige of slavery, however, endures: felon disfranchisement
laws.
Felon disfranchisement laws are state statutes that prohibit people
with felony convictions from voting. In an attempt to prevent
newly-freed Blacks from voting after the Civil War, many state legislators
tailored their felon disfranchisement laws to require the loss of
voting rights only for those offenses committed mostly by Blacks.
For example, the 1890 Mississippi constitutional convention required
disfranchisement for such crimes as theft, burglary and receiving
money under false pretenses, but not for robbery or murder.
These intentionally discriminatory laws were guided by the belief
that Blacks engaged in crime were more likely to commit furtive
offenses than the more robust crimes committed by whites.
Through the convoluted "reasoning" of this provision,
one would be disfranchised for stealing a chicken, but not for killing
the chicken's owner. Many other states, from New York to Alabama,
have also intentionally and effectively utilized felon disfranchisement
laws to prevent Blacks and other racial minorities from voting.
Not surprisingly, felon disfranchisement statutes, as intended,
have served to disproportionately weaken the voting power of Black
and Latino communities. This disparate effect results largely
from the disproportionate enforcement of the "war on drugs"
in Black and Latino communities, which has expanded exponentially
the class of persons subject to disfranchisement.
Today, with nearly 2.1 million Americans incarcerated, the effects
of our nation's reliance on mass incarceration as a primary means
of control in the era of the "war on drugs" is more profound
than ever. As a result, 4.65 million Americans nationwide
– an overwhelming number of whom are Black and Latino – are disfranchised.
Nowhere are the effects of felon disfranchisement more prominent
than in the Black community, where 1.4 million Black males, or 13
percent of the adult Black population, are disfranchised.
The felon disfranchisement phenomenon is most destructive in Black
and Latino neighborhoods because these communities are often disproportionately
plagued with numerous socioeconomic ills – including concentrated
poverty and substandard housing, healthcare and education.
As a result, people in these communities have even less of an opportunity
to effect positive change through the political process.
Not only this, but felon disfranchisement laws also serve to discourage
eligible and future voters from exercising the learned behavior
of voting. In doing so, these laws create a culture of political
nonparticipation that erodes civic engagement and marginalizes the
votes and voices of community members who remain engaged, but who
are deprived of the collective power of the votes of disfranchised
relatives and neighbors.
Although common in the United States, felon disfranchisement statutes
are not a necessary feature of our participatory democracy.
Indeed, Maine and Vermont have no such statutes and permit all people
with felony convictions – including those both currently incarcerated
and formerly incarcerated – to vote. Some states restore voting
rights to formerly incarcerated persons once they have served their
entire prison sentence. But similar to the slaves in Texas,
many formerly incarcerated persons are not informed that their voting
rights have been restored, and although technically free to vote,
remain voteless. In other states, the difficulty of navigating
one's way through the impenetrable restoration process turns many
eligible, formerly incarcerated voters away.
Unfortunately, more than a century after General Granger announced
to the slaves in Texas that they were free, and nearly 40 years
after the passage of the Voting Rights Act of 1965, increasing numbers
of Blacks and Latinos nationwide are losing their voting rights
daily.
Today, there are new frontiers for the expansion of civil rights,
and old battles that remain unfinished. Reform of felon disfranchisement
laws is long overdue.
Ellison remarked that "there've been a heap of Juneteenths
gone by and there'll be a heap more before we're free."
140 Juneteenth anniversaries certainly constitutes a "heap."
In the spirit of Juneteenth's legacy, and in the interest of experiencing
the illusive freedom that Ellison referenced, it is time for the
United States to break down the walls that literally lock citizens
out of the political process so that next Juneteenth we can move
one step closer to truly celebrating freedom.
Ryan Paul Haygood is an Assistant Counsel at NAACP Legal Defense
and Educational Fund, Inc. (LDF),
where he litigates Hayden v. Pataki, a class-action lawsuit seeking
to restore the vote to persons incarcerated and on parole in New
York State for a felony conviction, along with The Community Service
Society ( CSS)
and Center for Law and Social Justice. LDF is also part of
Right to Vote,
a national campaign to remove voting barriers for people with felony
convictions.
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