Taking down Confederate monuments is but one part of a continuing story in Virginia as the Commonwealth tries to come to grips with its racist history. The story is in no way a pretty one. Africans who were brought to the colony as enslaved people were kept in bondage with cruelty and repression. They were stripped of their names and given names that had no meaning to them. Slaves were for the most part not taught to read and their ability to congregate together was severely restricted. They were overlooked in the Declaration of Independence and considered only three-fifths of a person in the Constitution. When Virginia plantations no longer found their labor needed with the depletion of the soil in the state, slaves were sold into the deep South with their families being broken up. The Civil War brought emancipation, but repression of Black people continued with the rise of the Ku Klux Klan, lynching, and Jim Crow laws. It was not until the Civil Rights Act of 1965 that African Americans started to realize what equal protection of the laws really meant.
During this history the General Assembly of Virginia passed laws that make those of us interested in the state’s history hang our heads in shame at the racism they embodied. Earlier this year Governor Ralph Northam appointed The Commission to Examine Racial Equality in Virginia Law to take a look at the language and intent of legislative actions in The Acts of Assembly and the Code of Virginia. The interim report issued this past week was shocking to those of us who study this issue for its sheer volume as well as for the stark language it uncovered of racism in the laws. Take a look for yourself at Racial Inequity Report.
Passed as recently as 1956 was a law, part of Massive Resistance, that provided that “no child shall be required to enroll in or attend any school wherein both white and colored children are enrolled.” The Commission found that “Virginia policymakers engaged in deliberate and coordinated legislative strategies to deny equal educational opportunities to black students…” There are numerous examples of laws including the poll tax that were intended to keep black people from voting.
Though most of the laws identified by the Commission are outdated and have no legal effect, they remain in the law. The Interim Report states that “the Commission believes that such vestiges of Virginia’s segregationist past should no longer have official status.” Laws that have been found to be unconstitutional or otherwise been invalidated should be repealed to ensure that they “could not be revived with a change of law or interpretation by a different leadership or court.”
The Commission found that “white and nonwhite Virginians face starkly disparate outcomes in health, educational attainment, financial stability, and access to justice. Any assessment of their disparities must take into account Virginia’s haunting legacy of coordinated, intentional, and official acts of forced segregation and overt racism.” The past is for recording in history books and not in official laws of today. The General Assembly meeting in January must take the important step of wiping the slate clean!
This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal…
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