FTWMI: “Being…” – Lessons in Svādyāya (an expanded and “renewed” post) May 17, 2023
Posted by ajoyfulpractice in "Impossible" People, Changing Perspectives, Confessions, Gratitude, Healing Stories, Hope, Life, Music, One Hoop, Pain, Philosophy, Rabbi Abraham Joshua Heschel, Suffering, Texas, Wisdom, Yoga.Tags: Brown v Board, chitilin' circuit, Club Supreme, desegregation, Dowling Street, Linda Brown, Linda Carol Brown, Perception, perspective, Plessy v Ferguson, Rabbi Noah Weinberg, SCOTUS, segregation, Supreme Court, The Sportsman, Thurgood Marshall, union, yoga
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Many blessings to everyone, and especially to anyone Counting the Omer!
For Those Who Missed It: The following expanded and “renewed” post related to May 17, 2022, includes material from the 2020 post. A link for the 2021 post is embedded towards the end of the post. I have updated class details and some language referencing dates.
BEING GRATEFUL
“Just to be is a blessing. Just to live is holy.”
– Rabbi Abraham Joshua Heschel
“If you’re not happy with what you have, you’ll never be happy with what you get.”
– Rabbi Noah Weinberg
Yesterday, [the practice included] a philosophical reminder that life is precious and, some would argue, mathematically rare. It’s a simple idea that most people can agree upon (even when we can’t agree on when life begins – or ends). That’s why we have all those pithy statements life “life is a gift,” “this moment is a gift, that’s why it’s called the present (in English),” and – one of my personal favorites – “your presence in this present moment is also a gift.”
Here’s the thing about gifts though: When we receive them, we give thanks. Even when we don’t like or want the gift and even when we would prefer something else, we say thank you. When we really, truly, appreciate the gift, we might go into great detail about how much we appreciate the gift, why it is perfect for us, and/or how it will make our life better. We may even find ourselves giving thanks long after we have received the gift. In fact, every time we use it and/or think of it, we might express a bit of gratitude. And all of that gratitude is inextricably connected to our happiness and well-being.
What happens, however, if we are simultaneously receiving our blessings in one hand and having them taken away from the other hand? What happens if we are struggling to hold on to our blessings? What happens, if something was passed down to us and we not only took it for granted, we never really gave thanks?
I’ll tell you what happens. We struggle. We fear. We despair. We may even feel hopeless. In those moments, we may not think of expressing gratitude. Or, we may think giving thanks is too hard given our present challenges. And, sure, yes, it may be hard. But, it’s not impossible. In fact, I would argue that it is essential. It is essential that we give thanks for the rights and the blessings that have been given to us. It is essential that we express gratitude for the people (adults and children) who fought and struggled to get us where we are today. To do that, however, to really appreciate what was done for us, we have to know our history.
We also have to get/understand our history – something, I’ll admit, was sometimes beyond me. Even though I’m Brown. Considering I didn’t always get it, I shouldn’t be surprised that others (still) don’t get it.
BEING BROWN
The following was originally posted in 2020. You can practice svādyāya (“self-study”) with this post, by putting yourself in my shoes or the shoes of some of the other people mentioned. You can also practice svādyāya by noticing what resonates with you, what parallels your own experience, and what feels odd to you.
“I stopped explaining myself when I realized other people only understand from their level of perception.”
– Anonymous
“…we lived in an integrated neighborhood and I had all of these playmates of different nationalities…. I just couldn’t understand what was happening because I was so sure that I was going to go to school with Mona and Guinevere, Wanda, and all of my playmates.”
– Linda Brown, quoted in a “Black/White and Brown” produced by KTWU Channel 11 (May 3, 2004)
For a long time, most of my life, I didn’t get it. How could I get it, as odd as it is to understand, it was outside of my experience.
I am related to some of the smartest people I know – and I know a lot of really smart people. My father has a PhD and taught doctors, his mother was a school teacher, my maternal great-grandmother and both grandmothers taught Sunday school, and my mother worked with doctors and lawyers – so I didn’t get why they made such a big deal about my grades or my education. I appreciated it when my parents arranged things so I could enroll in special programming (like “Research and Development”), but sometimes I kind of took it for granted. Going to a private school, for instance, was just what my brothers and I did sometimes. Granted, one of my brothers ended up in private school after my parents were informed he would be bused to a “Black school” as part of a desegregation plan in the 80’s (which I thought was beyond silly, but I didn’t spend too much time thinking about why the plan existed (in the mid-80’s!!!). I didn’t get it; it was outside of my experience.
My maternal grandfather owned bars in Houston, like the Sportsman, and supper clubs, like The Club Supreme, which was part of the “Chitlin’ Circuit” (venues owned and operated by and for African-American audiences during segregation). I grew up hearing about the great talents he booked and about people like Sammy Davis, Jr., Harry Belafonte, and the Supremes stopping by the house for dinner. Sometimes I would walk into Club Supreme, look down the dark and dusty ballroom to the stage at the back and imagine what it was like in its heyday. When I walked next door to the Sportsman, owners/editors of newspapers, bankers, and business owners seemed to not only know my name, but also my GPA. Sometimes I thought it was weird – especially when they would tell me they were holding a job for me when I graduated from college – but mostly I just thought part of being a grandfather was being proud of your grandchildren; I figured he must talk about me to his customers because that’s what grandfathers did. I didn’t get it; it was outside of my experience.
“I was kind of afraid at first. I didn’t talk about it very much, I guess, because I was afraid it would get back to someone who would make trouble.”
– Linda Brown, age 17, in a 1961 New York Times interview
In May 2004, I finally started to get it. It was the 50th Anniversary of Brown v. Board of Education of Topeka and as people were celebrating, remembering, and producing documentaries, I was doing the math. In doing the math, I finally really understood that Black people not being able to go to the school of their choice wasn’t part of some distant history lesson. It was part of living history – it was part of my family history. The teachers, administrators, farmers, businessmen and businesswomen, police officers, doctors, nurses, insurance agents, authors, truckers, military personnel, farmers, and preachers in my family successfully did what they did – not because they had the economic and educational advantages that they gave me, but in spite of not having what I took for granted. My parents grew up in the South, in the shadow of Brown v Board, in a state where the Attorney General actively worked to keep school segregation legal despite the U. S. Supreme Court’s landmark ruling. The people who worked behind the bar and sat on the barstools at my grandfather’s clubs knew me not because my Paw-Paw was some random grandfather proud of his random grandchildren, but because they all understood what I did not: my brothers, cousins, and I were symbols of progress and change. We were proof that the world – or at least our little corner of the world – was getting better, more equitable and more just.
When my grandfather died, people seemed to come out the woodwork. I kind of expected the elders. What I didn’t expect were the people my age, people who wanted to remember and celebrate a businessman in the community who had financially supported the education of young people in the community. They came to celebrate and remember, because they got it.
“None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.”
– Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall referencing his SCOTUS successor in a Newsweek interview (dated October 28, 1991)
Linda Brown, the student at the center of Brown v Board, was actually part of three school segregation related lawsuits: the one SCOTUS ruled on today in 1954; Brown II in 1955; and a case filed by the adult Linda Brown in 1978 (Brown III), which was re-opened and appealed through the late 80’s / early 90’s. The first case, officially filed as “Oliver Brown, et al v Board of Education of Topeka, et al,” was a class action lawsuit filed by Thurgood Marshall, the NAACP’s chief counsel, for thirteen parents on behalf of 20 school-aged children. However, the case itself was a test case and symbolic of several cases across the country. The case in Kansas was selected by the NAACP as the pilot case, because it was considered more Midwestern than Southern, the Brown’s neighborhood was desegregated (but the local school was not), and Oliver Brown was selected as the named plaintiff because he was a man. (The idea being that a male plaintiff might be considered more seriously by the courts and the ruling might carry more national weight if inequality could be proven outside of the South.)
While the unanimous 1954 ruling is celebrated as a landmark victory, it was more symbolic than anything else. The Supreme Court first ruled that there was no such thing as “separate, but equal” – at least not as schools existed at that time. Then, in 1955, SCOTUS ordered states to desegregate “with all deliberate speed” – but, here again there was no timetable and the interpretation of the very poetic phrase was left not to the NAACP or the plaintiffs, but to the states.
“It’s disheartening that we are still fighting. But we are dealing with human beings. As long as we are, there will always be those who feel the races should be separate.”
– Linda Brown, in a 1994 New York Times article (around 40th anniversary)
Look around today and you will see the legacy of Brown v Board. There is some positive, some signs of progress; there is also some negative. Were Linda Brown still alive today, she could easily file another lawsuit…on behalf of her grandchildren or even her great-grandchildren. Part of the legacy of Brown v Board is living in the shadow of the Plessy v Ferguson concept of “separate but equal.” We can say it’s the shadow that makes us appreciate the light; but, at some point we need more light.
“I didn’t understand what was happening then, but it was clear that Brown versus Board of Education was a necessary victory. It might have been a little flame, but it served to set off a mighty flame. To me, the impact of Brown is best seen in the increasing numbers of black professionals today. These are the people that, after 1954, were able to have some degree of choice. This surely made a difference in their aspirations and their achievements.”
– Linda Brown, in a April 29, 2004 speech (marking the 50th anniversary) at Chautauqua Institution
SVĀDYĀYA I: BEING LINDA
In 2021 and 2022, I started May 17th practice with a visualization exercise inspired by one that Shelly Graf (Associate Director of Common Ground Meditation Center) offered in 2021. As I explained in [the 2021] post (and in the practice), the exercises we offered are different, except in the fact that they provide an opportunity for svādyāya (“self-study”). My version of the exercise may land different (now that you have the background), but if you have another few moments, please check out the 2021 post to read about the visualization and related insights.
Please join me today (Wednesday, May 17th) at 4:30 PM or 7:15 PM for a yoga practice on Zoom. Use the link from the “Class Schedules” calendar if you run into any problems checking into the class. You will need to register for the 7:15 PM class if you have not already done so. You can request an audio recording of this practice via a comment below or by emailing myra (at) ajoyfulpractice.com.
Wednesday’s playlist is available on YouTube and Spotify. [Look for “05172020 Brown”]
“When they won, it set a lasting legal precedent. [Linda] Brown was attending an integrated junior high school by then, and she later recalled the initial desegregation of local elementary schools going smoothly. But over the course of her life, she saw the reality of school integration fall short, locally and nationally.”
– quoted from the 2018 Chalkbeat article entitled “In her own words: Remembering Linda Brown, who was at the center of America’s school segregation battles” by Sarah Darville (posted May 27, 2018)
In the spirit of generosity (“dana”), the Zoom classes, recordings, and blog posts are freely given and freely received. If you are able to support these teachings, please do so as your heart moves you. (NOTE: You can donate even if you are “attending” a practice that is not designated as a “Common Ground Meditation Center” practice, or you can purchase class(es).
Donations are tax deductible; class purchases are not necessarily deductible.
### NAMASTE ###
Space and the Power of Hearing(s) (a special Black History note, w/a Tuesday link) February 8, 2023
Posted by ajoyfulpractice in "Impossible" People, Art, Books, Buddhism, Changing Perspectives, Dr. Martin Luther King, Jr., Faith, Gandhi, Gratitude, Healing Stories, Hope, Life, Men, Minnesota, Music, One Hoop, Pain, Peace, Poetry, Suffering, Tragedy, Wisdom, Women, Writing, Yoga.Tags: Alabama Supreme Court, Andy Wright, Beth Birmingham, Bhamwiki.com, birthdays on February 7, Black History Month, Charlie Weems, Christopher Isherwood, Civil Rights Movement, Clarence Norris, Countee Cullen, Creed Conyers, dreaming, Dred Scot, Eeva Sallinen, Ella Virginia Eaton Adams, Emily Sarmiento, Eugene Williams, Frank “Doc” Adams, Garth Brooks, Hallie Rubenhold, Haywood Patterson, HBCUs, James Baker, Laura Ingalls Wilder, Mann Act, Myal Greene, niyamas, Olin Montgomery, Oscar William Adams Jr., Oscar William Adams Sr., Ralph D. Cook, Reverend Fred Shuttlesworth, Roy Wright, Ruth Bader Ginsburg, santosha, santoşā, Scottsboro Boys, SCOTUS, Season of Non-violence, Season of Nonviolence, Sinclair Lewis, Supreme Court, Swami Prabhavananda, Tom Gordon, U. W. Clemon, Willie Roberson, yamas
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Peace and ease to all during this “Season of Non-violence” and all other seasons!
This is a special post for Tuesday, February 7th. You can request a recording of the Tuesday practice via a comment below or (for a slightly faster reply) you can email me at myra (at) ajoyfulpractice.com. Please note that only the Tuesday evening practice references this profile.
WARNING: The following includes a recounting of the Scottsboro Boys trials.
“It’s a bad habit we have: We tell the tale of the murder and not the murdered.”
“I’ll also explain why my research has enraged so many people who claim to be experts in the Ripper case.”
“If you want to know how we got the Ripper story so wrong, what those mistakes tell us about ourselves, and why putting the record straight makes some people so very angry, join me, Hallie Rubenhold for Bad Women: The Ripper Retold.”
– quoted from the podcast trailer for Season 1of Bad Women: The Ripper Retold, hosted by Hallie Rubenhold
How we tell a story, especially a story about real life and real events, says a lot about how we feel about our circumstances. Same goes for what we read (if we are in the habit of reading for pleasure) and/or what other kinds of media we consume. On a certain level, it is all about escape. But, are we “escaping” because we need to decompress and give our brains a rest? Or are we “escaping” because we’re not satisfied with our lot in life? If it’s the latter, what would it take for to be content, satisfied – happy even – with our lot?
These are the kinds of questions I pose during classes on February 7th. They’re questions that serve as entryways into the practice of santoşā (“contentment”), which is the second niyama (“internal observation”) in the Yoga Philosophy (or, today, you can think of it as the Number 7 in the philosophy’s list of ethics). Answering the question requires turning inward and doing a little svādhyāya (“self study”), which is the fourth niyama. One way to turn inward and take a look at yourself is to reflect on what you would do and how you would feel in certain situations. Classically, it might be understood that such reflection would be done in the context of sacred text; however, it is also possible to simply put yourself in someone else’s shoes.
For example, would you be content, satisfied – happy even, if you were a girl born in “a little house on the prairie” – or, would you dream of something more? Would you stay on the prairie, unsatisfied, like “a hard luck woman” waiting for your man? Or, would you be like Laura Ingalls Wilder (b. 02/07/1867, in Pepin Country, Wisconsin) and make your dreams come true by writing about your experiences (and all the people you knew)? Even then, how much of your dreams would need to come true for you to be grateful and, therefore, satisfied?
Or, perhaps, like Sinclair Lewis (b. 02/07/1885, in Sauk Centre, Minnesota) you were born in a northern town with “one light blinking off and on.” Would you be content, satisfied – happy even – or, would you dream of something more? Would you be the one in the song who never does the things they thought they would and never knew they could leave? Or, would you be the one, like Mr. Lewis, who left for the big city, wrote about your experiences (and all the people you knew), and became what everyone’s talking about down on Main Street? Even then, would you be grateful (and, therefore, satisfied) or would you be like Carol Milford and want to change everything?
The thing is, there is nothing wrong with dreaming, hoping, and praying for change. There is nothing inherently wrong with wanting to improve your situation and/or the situations of others. Nor is there anything wrong with wanting to change injustice laws and breakdown systems of inequity. You could be a common man, a simple man, a sweet man born in Tornado Alley – like Troyal Garth Brooks (b. 02/07/1962, in Tulsa, Oklahoma) – and dream of sharing your storytelling gifts with the world. But would you be satisfied? Would you be “happy in this modern world? Or do you need more?” And when would the “more” be enough for you to be grateful and, therefore, satisfied?
Take a moment to consider being yourself in one of those other people’s circumstances and then, let’s go a little deeper.
Click here to read my 2021 post about practicing santoşā on the 7th.
On Monday, I referenced the daily contemplation elements offered by the Mahatma Gandhi Canadian Foundation for World Peace during this Season of Nonviolence. Remember, these are elements found in the teaching of both Gandhi and the Reverend Dr. Martin Luther King Jr. The element for February 7th is dreaming and it brings to mind the fact that MLK (as well as Gandhi) dreamed of better worlds, more just worlds, more equitable worlds. They were committed to practicing non-violence and passive resistance, but they were not satisfied. They were not content (with the social status quo). Nor should they have been. Some things, after all, are unacceptable.
To practice santoşā, however, we must accept what is (i.e., what exists as it exists in the moment – or as we understand it to exist). Acceptance, in this case, does not mean that we just casually throw our hands up and accept violence, injustice, and inequity as basic staples of life. Neither does it mean that ignore what is happening around us. Instead, the practice requires us to be truthful about the situation, our roles in the situation, and what we can do to change the situation. The practice also requires us to proceed with clear-minded awareness of how we are connected to everything and everybody and to be dedicated and disciplined in our practice of non-violence and non-harming. Finally, the practice requires that we practice non-attachment; meaning that we do all we can do and then let go with a kind of trustful surrender. This is basically a summary of 9 of the 10 elements that make up the ethics of the Yoga Philosophy.
The elements that make up the corner stone of the Yoga Philosophy overlap commandments found in the Abrahamic religions, precepts found in Buddhism, and values found in philosophies and indigenous religions around the world. These are shared values that stretch back into eons and yet we still have problems… big problems – which means we still need leaders and, thinkers, and speakers who can hear what is needed in the world and respond wisely, safely, and justly. Such a man was born in Alabama, during the period of violence that directly preceded the Civil Rights Movement in the United States. His life and his legacy are yet another illustration of a dreamer who was not satisfied, yet made choices for which we can all be grateful.
“Editorials expressed hope that through participation in war, black citizens would gain opportunities at home. Among the outrages that the Reporter chronicled were frequent lynchings across the South, a topic that led [Oscar William Adams, Sr.] to write, ‘It is a shame before the living God and man that we should continue to preach democracy and permit such autocracy and savagery within our own borders.’”
– quoted from Bhamwiki.com (citing Gordon, Tom (May 2, 2018) “Civil decency. Human honesty.” B-Metro
Born in Birmingham, Alabama on February 7, 1925, Oscar William Adams, Jr. was the oldest of two sons born to Oscar William Adams, Sr. and Ella Virginia Adams (née Eaton). His brother, Frank “Doc” Adams became a great jazz clarinetist, saxophonist and bandleader, who was inducted into the Alabama Jazz Hall of Fame. Their father, the senior Mr. Adams, was a journalist and publisher who founded The Birmingham Reporter in 1906.
Unlike Black newspapers published in the North at the time, southern media outlets like The Birmingham Reporter had to tread carefully and be circumspect in it’s coverage of race-related news. To be too critical in opinion pieces or – in many cases – too honest about the facts of certain news stories, might mean that the newspaper, the journalists, and their families could be physically attacked. By all accounts, Oscar William Adams, Sr. had a real knack for creating layouts and crafting articles that told the whole story without explicitly telling the whole story. He couldn’t always tell his readers what happened, but he could show them. He could juxtapose articles about 9 Black kids being tried for rape with articles about almost twice as many white teenagers being exonerated before a trial. His readers had practice the skill of reading between the lines. It was like his readers understood the practice of focusing, concentrating, and meditating on the space between the ears and the process of hearing.
“In this state of withdrawal, ‘Great Disincarnation’ the mental coverings composed of rajas and tamas dwindle away and the light of sattwa is revealed.”
– quoted from How to Know God: The Yoga Aphorisms of Patanjali (3:42), translated and with commentary by Swami Prabhavananda and Christopher Isherwood
That prime example (above) is one of the ways Oscar William Adams, Sr. covered the Scottsboro Boys, a group of nine African Americans teenagers (age 12 – 19 years old) who were accused of raping two white women on a train full of “hoboes.” Nowadays, people might think of hoboes, tramps, and bums as one and the same. During the Great Depression, however, people very clearly understood that a hobo was someone who was traveling in order to work (but didn’t have the means to pay for that travel). On March 25, 1931, a fight broke out (in Tennessee) on a Southbound train full of Black and white hobos, because a group of white teenagers declared the train “whites only.” Even though there were reportedly the same number of hoboes of each race on the train, the white teenagers ended up leaving the train. Defeated and angry, they told the local sheriff that they had been attacked by the Black teenagers. The sheriff – plus some local residents that he deputized – intercepted the train in Paint Rock, Alabama, and arrested the Black teenagers.
They also arrested two young white women (age 17 and 21 years old).
Now, if you know anything about “bad women,” you know that two unaccompanied white women traveling in the presence of men – especially Black men – didn’t have a lot of choices. They could be labeled as prostitutes – which, in this case (because they crossed state lines) would mean they had violated The White-Slave Traffic Act of 1910, also called the Mann Act, and could face lengthy prison terms. The other option was to say they were raped. Unlike most of the men, the two women knew each other and were actually traveling together. They decided (or, possibly the older one convinced the younger one) that it was in their best interest to say they were raped. A doctor was called in to examine them, but could find no signs of rape or trauma. It would later turn out that no one could truthfully confirm if the women and the teenagers were ever even in the same car. But, none of that mattered: it was 1931 and the teenagers would go to court in Scottsboro, Alabama.
At the end of three speedy trials, all eight of the nine teenagers – including one who was almost blind and another who was so disabled that he could barely walk – were convicted and sentenced to death by all-white juries. The youngest of the nine was convicted, but his trial ended in a hung jury, because they couldn’t agree on the penalty: some wanted him to receive the death penalty, despite his age. All of the cases were appealed to the Alabama Supreme Court and then the Supreme Court of the United States (SCOTUS), which overturned the convictions and sent the cases back down to Alabama. A change of venue was granted and all nine headed to court in rural Decatur, Alabama in the Spring of 1933.
Despite the decision for the cases to be re-tried, all nine were under heavy guard and the eight previously sentenced to death were in prison garb. Despite arguments from the defense attorneys (Samuel Leibowitz and Joseph Brodsky, who had also served as second chair on the earlier trials), the trials again had all-white juries. Despite the fact that youngest of the alleged victims recanted, the defendants were again convicted. The first of the nine was convicted despite the fact that many of the jurors knew he was innocent. But, Decatur was Klan country and the Ku Klux Klan made it very clear what they thought the outcome of the trials should be and what would happen to any juror who didn’t convict and recommend the death penalty. Judge James Edwin Horton set the verdict aside and indefinitely postponed the other trials. He did this, knowing it would end his political career. He also considered a change of venue, but, in the end, the first of the Scottsboro Boys faced his third trial in Decatur.
With a new judge, but no National Guard protection, the second set of retrials took place in Winter 1933 and resulted in two more convictions. Appeals to SCOTUS, in 1935, resulted in the convictions being overturned and Scottsboro 9 were back in court. This time, however, there was one African American juror: Creed Conyers, the first Black person to serve on an Alabama grand jury since 1877. The newly elected Attorney General served as the prosecuting attorney and the trials lasted from January of 1936 until the summer of 1937. After spending over six years in prison (as adults on death row), the legal fate of the Scottsboro Boys was as follows:
- After 4 trials, Haywood Patterson (18 when arrested) was convicted and sentenced to 75 years in prison (the first time a Black man in Alabama had been convicted of raping a white woman and not received the death penalty). He escaped in 1949, end up in Michigan, but then went back to prison on a different case in 1951.
- After 3 trials, Clarence Norris (19 when arrested) was convicted and given the death penalty. His sentence was commuted in 1938; he was paroled (and jumped parole) in 1946. He was pardoned in 1976.
- After 2 trials, Charlie Weems (19 when arrested) was convicted and sentenced to 105 years. He was paroled in 1943.
- After 2 trials, Andrew “Andy” Wright (19 when arrested) was convicted and sentenced to 99 years. He was paroled, violated his parole, then was placed on parole again (in New York) in 1950.
- During his 2nd trial, Ozie Powell (16 when arrested) was shot by a sheriff and suffered brain damage. Somehow, he pleaded guilty to assaulting an officer and received 20 years, the rape charges were dropped as part of his plea agreement. He was paroled in 1946.
- After 2 trials, the final prosecutor declared Olin Montgomery (17 when arrested) “not guilty” and dropped all charges.
- After 2 trials, the final prosecutor declared Willie Roberson (16 when arrested) “not guilty” and dropped all charges.
- After 2 trials, Roy Wright (12 when arrested) was deemed “too young” to be convicted and all charges were dropped.
- After 2 trials, Eugene Williams (13 when arrested) was deemed “too young” to be convicted and all charges were dropped.
NOTE: The number of trials (noted above) does not count appeals or the fact that the defendants were often in the courtroom when others were being tried. Nor does it reflect the fact that sometimes jurors were swapped (like school kids moving between classrooms). Several of the aforementioned had other legal issues, but I have not listed them all.
In 1938, the Governor of Alabama (Bibb Graves) made plans to pardon those who were imprisoned, but changed his mind because he didn’t like their attitude and they continued to declare themselves innocent. In 2013, 82 years after they were arrested, the state of Alabama issued posthumous pardons for Haywood Patterson, Charlie Weems, and Andy Wright.
“Remembering their sharp and pretty
Tunes for Sacco and Vanzetti,
I said:
Here too’s a cause divinely spun
For those whose eyes are on the sun,
Here in epitome
Is all disgrace
And epic wrong.
Like wine to brace
The minstrel heart, and blare it into song.
Surely, I said,
Now will the poets sing.
But they have raised no cry.
I wonder why.”
– quoted from the poem “Scottsboro, Too, Is, Worth Its Song” by Countee Cullen
The trials and tribulations of the Scottsboro Boys inspired a plethora of writers, including Langston Hughes (Scottsboro Limited), Harper Lee (To Kill A Mockingbird), Ellen Feldman (Scottsboro: A Novel), Richard Wright (Native Son), Allen Ginsberg (America), Countee Cullen (“Scottsboro, Too, Is, Worth Its Song”), Jean-Paul Sartre (The Respectful Prostitute [La Putain respectueuse]), Utpal Dutta (মানুষের অধিকারে [The Rights of Man]); as well as creators of the musicals The Scottsboro Boys and Direct from Death Row The Scottsboro Boys; musicians like Lead Belly (“The Scottsboro Boys”) and Rage Against the Machine (“Scottsboro, Too, Is, Worth Its Song”); and filmmakers and political cartoonists.
The events also, inevitably, shaped the thoughts and desires of Oscar William Adams, Jr. – who would have turned 6 years old shortly before the teenagers were arrested (and his father started covering the story); 12 (the same age the youngest had been when arrested) when the final trials concluded; and around 18 (the same age the first to be convicted was when arrested) when the first man was paroled. Can you imagine what it would have been like to grow up in the Birmingham at that time? Regardless of if you visualize yourself as you are, in that situation or if you see yourself as the junior Mr. Adams, can you imagine how this situation might have informed your opinions – of yourself, of people who look like you, as well as of people who don’t look like you? Can you imagine how this situation would have informed your dreams and your decisions about the world?
And, this is all without considering “The Talk.”
I can’t imagine any Black child being satisfied with these circumstances. I can’t imagine any Black kid being content with these circumstances. I can’t imagine any Black teenager not dreaming about a better world; a more just, equitable, and peaceful world.
“The black man does not wish to be the pet of the law. The more blacks become enmeshed in meaningful positions in our society, then the more that society will be come non-discriminatory. His goals and ideals will become identical with goals and ideals of the rest of society. To insist on special treatment, and demand and get integration in other aspects of society is to pursue inconsistent approaches. If a black man is allowed to go as far as his talents will carry him, he will not need special protection from the courts. If he is not, the courts will once again be asked for special protection.”
– quoted from the special concurrence opinion for Beck v. State, 396 So. 2d 645 (1980) by Alabama Supreme Court Justice Oscar W. Adams
Maybe if Oscar William Adams, Jr. been someone else’s son and experienced Birmingham in the mid-20th century through someone else’s, he would have made different decisions. We’ll never know. What we do know is that after he graduated from high school, Mr. Adams, Jr. attended two historically Black colleges and universities (HBCUs): Talladega College, Alabama’s oldest private HBCU, where he earned a degree in philosophy (1944) and Howard University, where he earned a law degree (1947). We also know that he came back to Alabama to practice.
Mr. Adams, Jr. was admitted to the Alabama State Bar soon after he graduated and opened up his own private practice, where he specialized in civil rights cases. He worked very closely with the Reverend Fred Shuttlesworth, founder of the Alabama Christian Movement for Human Rights (ACMHR) and co-founder of the Southern Christian Leadership Conference (SCLC), which was instrumental in organizing the Selma-to-Montgomery marches in 1965. He became the first African American member of Birmingham Bar Association (1966) and, in 1967, he and Harvey Burg co-founded the first integrated law firm in Alabama. Two years later, in 1969, he and James Baker, an Ivy League lawyer from Philadelphia, founded Birmingham’s first African American law firm. The firm became known as Adams, Baker & Clemon, the original partners were joined by U.W. Clemon, who would become a lot of notable firsts (including Alabama’s first African American federal judge).
Throughout his career as an attorney in private practice, Oscar William Adams, Jr. litigated various kinds of cases on behalf of Martin Luther King Jr. and the National Association for the Advancement of Colored People (NAACP), as well as school desegregation (e.g., Armstrong v. Board of Education of City of Birmingham, Ala., 220 F. Supp. 217 (N.D. Ala. 1963)); discrimination cases (e.g., Terry v. Elmwood Cemetery, 307 F. Supp. 369 (N.D. Ala. 1969) and Pettway v. AMERICAN CAST IRON PIPE COMPANY, 332 F. Supp. 811 (N.D. Ala. 1970)); and voting rights cases.
He became the first African American to serve on an Alabama appellate court on October 10, 1980, when an Alabama Supreme Court justice retired due to health issues. Eleven days before was sworn in, the court heard arguments for Beck v. State, 396 So. 2d 645 (1980), a case about the death penalty and how it was applied. The court’s decision would include a history of the death penalty in Alabama and highlight a period of injustices. However, stating that “during part of Alabama’s history, [what offenses authorized the imposition of death] reflected the interaction and relative position of the races, especially during the period prior to the Civil War, when slaves and free Negroes were admittedly singled out for special treatment insofar as capital punishment was concerned. Nevertheless, with that one exception…” made it sound as if the death penalty was rarely applied to innocent people purely based on their race – completely negating the fact that (in their lifetimes) it had been thusly applied multiple times. Mr. Adams, Jr. was sworn in on December 17th, listened to a recording of the argument and, two days later, wrote a special concurrence. It was his first official statement from the bench.
“In the early seventies, blacks argued for bifurcated jury trials, and this Court today has mandated such for the State of Alabama. In the seventies, blacks asked that sentences for rape and other offenses be not discriminatorily and freakishly imposed.”
– quoted from the special concurrence opinion for Beck v. State, 396 So. 2d 645 (1980) by Alabama Supreme Court Justice Oscar W. Adams
After completing the remaining two years of the unexpired term he had assumed, he decided to run for the office. The largest bar associations endorsed him, rather than his white counterparts, and in 1982, he became the first African American to be elected (by popular vote) to a statewide constitutional office in Alabama. He served on the Alabama Supreme Court until October 31, 1994, when retired from the bench. After his retirement from being behind the bench, he returned to the front: working with the Birmingham law firm of White, Dunn & Booker (now White, Arnold & Dowd). He also served as co-chairman of the Second Citizens’ Conference on Judicial Elections and Campaigns.
Oscar William Adams Jr. was replaced with the state’s second African American Supreme Court Justice, Ralph D. Cook. It would make for a great story if, in the intervening years – between 1980 and 1994 and between 1994 and today – more African American lawyers had become judges who became justices in the state of Alabama. That would be super satisfying.
Unfortunately, I can’t truthfully tell that story.
Associate Justice Cook retired from the bench in 2001. John H. England Jr served as a justice on the Alabama Supreme Court justice from 1999 until 2001. (His son, John H. England, III is one of a handful of African American judges in Alabama’s federal courts.) According to the Brennan Center for Justice’s 2022 update, Alabama is currently one of 28 states with no Black justices. Furthermore, it is one of six states where Black residents make up at least 10% of the population. Specifically, 35% of Alabama’s population is classified as people of color and 27% of the total population identifies as Black. Yet, all nine of the Supreme Court justices, all five members of the Court of Criminal Appeals, and all five of the Court of Civil Appeals are white.
Quite often, when statistics like this are presented, some people will say representation doesn’t matter as much as education and experience. Well, I am just grateful that more and more people are getting the education and the experience that puts them in the pipeline. That appreciation for the way things are changing is part of the practice of santoşā. If you ask me if I am actually satisfied and content to wait, I can honestly say that I have no choice; because I can’t (directly) do anything about it. And that acceptance (and awareness of what is and is not in my control) is the non-attachment part of the practice. Of course, the next logical question is: Well, when will you be satisfied? When will you be content? When posed with a similar question, SCOTUS associate justice Ruth Bader Ginsberg had a pretty succinct answer. I’m not sure if it would be my answer; but it is worth considering what the country would be like – what the world would be like – if the tables turned.
“Supreme Court Justice Ruth Bader Ginsburg famously said, ‘I’m sometimes asked, “When will there be enough [women on the Supreme Court]?” And I say when there are nine. People are shocked. But there’d been nine men, and nobody’s ever raised a question about that.’
Asking, ‘How diverse is diverse enough?’ still represents a tick–the–box mentality rather than embracing the types of cultural, innovation, and bottom–line changes we have described here. When organizations start to embrace the breakthrough diversity can represent, we can move beyond thinking about quotas and targets. The real change we are talking about takes us far past ‘the one/the few’ to as many hires as it takes to create a culture of belonging and move our sector into the future.”
– quoted from “What Is Diverse Enough” in “Chapter 4. A Clear Case” of Creating Cultures of Belonging: Cultivating Organization where Women and Men Thrive by Beth Birmingham and Eeva Sallinen Simard (forward by Myal Greene and Emily Sarmiento)
PRACTICE NOTES: I don’t necessarily have a standard sequence for a February 7th practice, but it is a practice that leans towards having a fair amount of balance. Sometimes, I pose the question after completing a portion of the practice, Would you be satisfied if this was the end of the practice? Would you grateful (if you got what you needed), or would you still be wishing, hoping, praying for what you wanted? What would cause you to be more grateful and, therefore, more joyful.
Every once in a while, I’ll even throw in a tolāsana (scale pose).
### 7 of 9 (1857) ###
What Can I Say? And Who Is Listening? (mostly the music and links) August 30, 2022
Posted by ajoyfulpractice in Music, Philosophy, Yoga.Tags: Molly Ivins, SCOTUS, Supreme Court, Thurgood Marshall
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“We will see that the true miracle was not the birth of the Constitution, but its life, a life nurtured through two turbulent centuries of our own making, and a life embodying much good fortune that was not.”
– conclusion to the speech given by Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall at The Annual Seminar of the San Francisco Patent and Trademark Law Association, Maui, Hawaii May 6, 1987
The syndicated columnist Molly Ivins (and author of Molly Ivins Can’t Say That, Can She?) was born today in 1944 and Thurgood Marshall was confirmed as a Supreme Court justice today in 1967. To learn a little more about some noteworthy history connected to this date, check out this post from 2020.
Please join me today (Tuesday, August 30th) at 12:00 PM or 7:15 PM for a yoga practice on Zoom. You can use the link from the “Class Schedules” calendar if you run into any problems checking into the class. You can request an audio recording of this practice via a comment below or (for a slightly faster reply) you can email me at myra (at) ajoyfulpractice.com.
Tuesday’s playlist is available on YouTube and Spotify. [Look for “10202020 Pratyahara”]
In the spirit of generosity (“dana”), the Zoom classes, recordings, and blog posts are freely given and freely received. If you are able to support these teachings, please do so as your heart moves you. (NOTE: You can donate even if you are “attending” a practice that is not designated as a “Common Ground Meditation Center” practice, or you can purchase class(es). Donations are tax deductible; class purchases are not necessarily deductible.)
### Word ###
“Being…” – Lessons in Svādyāya (an expanded and “renewed” Tuesday post) May 17, 2022
Posted by ajoyfulpractice in "Impossible" People, Changing Perspectives, Confessions, Gratitude, Healing Stories, Hope, Life, Music, One Hoop, Pain, Philosophy, Rabbi Abraham Joshua Heschel, Suffering, Texas, Wisdom, Yoga.Tags: Brown v Board, chitilin' circuit, Club Supreme, desegregation, Dowling Street, Linda Brown, Linda Carol Brown, Perception, perspective, Plessy v Ferguson, Rabbi Noah Weinberg, SCOTUS, segregation, Supreme Court, The Sportsman, Thurgood Marshall, union, yoga
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Be humbly grateful as we find enduring compassion and balance together.
This is an expanded and “renewed” post for Tuesday, May 17th. You can request an audio recording of any of these practices via a comment below or (for a slightly faster reply) you can email me at myra (at) ajoyfulpractice.com.
In the spirit of generosity (“dana”), the Zoom classes, recordings, and blog posts are freely given and freely received. If you are able to support these teachings, please do so as your heart moves you. (NOTE: You can donate even if you are “attending” a practice that is not designated as a “Common Ground Meditation Center” practice, or you can purchase class(es). Donations are tax deductible; class purchases are not necessarily deductible.
Check out the “Class Schedules” calendar for upcoming classes.)
BEING GRATEFUL
“Just to be is a blessing. Just to live is holy.”
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– Rabbi Abraham Joshua Heschel
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“If you’re not happy with what you have, you’ll never be happy with what you get.”
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– Rabbi Noah Weinberg
Yesterday, I ended the practice with a philosophical reminder that life is precious and, some would argue, mathematically rare. It’s a simple idea that most people can agree upon (even when we can’t agree on when life begins – or ends). That’s why we have all those pithy statements life “life is a gift,” “this moment is a gift, that’s why it’s called the present (in English),” and – one of my personal favorites – “your presence in this present moment is also a gift.”
Here’s the thing about gifts though: When we receive them, we give thanks. Even when we don’t like or want the gift and even when we would prefer something else, we say thank you. When we really, truly, appreciate the gift, we might go into great detail about how much we appreciate the gift, why it is perfect for us, and/or how it will make our life better. We may even find ourselves giving thanks long after we have received the gift. In fact, every time we use it and/or think of it, we might express a bit of gratitude. And all of that gratitude is inextricably connected to our happiness and well-being.
What happens, however, if we are simultaneously receiving our blessings in one hand and having them taken away from the other hand? What happens if we are struggling to hold on to our blessings? What happens, if something was passed down to us and we not only took it for granted, we never really gave thanks?
I’ll tell you what happens. We struggle. We fear. We despair. We may even feel hopeless. In those moments, we may not think of expressing gratitude. Or, we may think giving thanks is too hard given our present challenges. And, sure, yes, it may be hard. But, it’s not impossible. In fact, I would argue that it is essential. It is essential that we give thanks for the rights and the blessings that have been given to us. It is essential that we express gratitude for the people (adults and children) who fought and struggled to get us where we are today. To do that, however, to really appreciate what was done for us, we have to know our history.
We also have to get/understand our history – something, I’ll admit, was sometimes beyond me. Even though I’m Brown. Considering I didn’t always get it, I shouldn’t be surprised that others (still) don’t get it.
BEING BROWN
The following was originally posted in 2020. You can practice svādyāya (“self-study”) with this post, by putting yourself in my shoes or the shoes of some of the other people mentioned. You can also practice svādyāya by noticing what resonates with you, what parallels your own experience, and what feels odd to you.
“I stopped explaining myself when I realized other people only understand from their level of perception.”
– Anonymous
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“…we lived in an integrated neighborhood and I had all of these playmates of different nationalities…. I just couldn’t understand what was happening because I was so sure that I was going to go to school with Mona and Guinevere, Wanda, and all of my playmates.”
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– Linda Brown, quoted in a “Black/White and Brown” produced by KTWU Channel 11 (May 3, 2004)
For a long time, most of my life, I didn’t get it. How could I get it, as odd as it is to understand, it was outside of my experience.
I am related to some of the smartest people I know –and I know a lot of really smart people. My father has a PhD and taught doctors, his mother was a school teacher, my maternal great-grandmother and both grandmothers taught Sunday school, and my mother worked with doctors and lawyers – so I didn’t get why they made such a big deal about my grades or my education. I appreciated it when my parents arranged things so I could enroll in special programming (like “Research and Development”), but sometimes I kind of took it for granted. Going to a private school, for instance, was just what my brothers and I did sometimes. Granted, one of my brothers ended up in private school after my parents were informed he would be bused to a “Black school” as part of a desegregation plan in the 80’s (which I thought was beyond silly, but I didn’t spend too much time thinking about why the plan existed (in the mid-80’s!!!). I didn’t get it; it was outside of my experience.
My maternal grandfather owned bars in Houston, like the Sportsman, and supper clubs, like The Club Supreme, which was part of the “Chitlin’ Circuit” (venues owned and operated by and for African-American audiences during segregation). I grew up hearing about the great talents he booked and about people like Sammy Davis, Jr., Harry Belafonte, and the Supremes stopping by the house for dinner. Sometimes I would walk into Club Supreme, look down the dark and dusty ballroom to the stage at the back and imagine what it was like in its heyday. When I walked next door to the Sportsman, owners/editors of newspapers, bankers, and business owners seemed to not only know my name, but also my GPA. Sometimes I thought it was weird – especially when they would tell me they were holding a job for me when I graduated from college – but mostly I just thought part of being a grandfather was being proud of your grandchildren; I figured he must talk about me to his customers because that’s what grandfathers did. I didn’t get it; it was outside of my experience.
“I was kind of afraid at first. I didn’t talk about it very much, I guess, because I was afraid it would get back to someone who would make trouble.”
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– Linda Brown, age 17, in a 1961 New York Times interview
In May 2004, I finally started to get it. It was the 50th Anniversary of Brown v. Board of Education of Topeka and as people were celebrating, remembering, and producing documentaries, I was doing the math. In doing the math, I finally really understood that Black people not being able to go to the school of their choice wasn’t part of some distant history lesson. It was part of living history – it was part of my family history. The teachers, administrators, farmers, businessmen and businesswomen, police officers, doctors, nurses, insurance agents, authors, truckers, military personnel, farmers, and preachers in my family successfully did what they did – not because they had the economic and educational advantages that they gave me, but in spite of not having what I took for granted. My parents grew up in the South, in the shadow of Brown v Board, in a state where the Attorney General actively worked to keep school segregation legal despite the U. S. Supreme Court’s landmark ruling. The people who worked behind the bar and sat on the barstools at my grandfather’s clubs knew me not because my Paw-Paw was some random grandfather proud of his random grandchildren, but because they all understood what I did not: my brothers, cousins, and I were symbols of progress and change. We were proof that the world – or at least our little corner of the world – was getting better, more equitable and more just.
When my grandfather died, people seemed to come out the woodwork. I kind of expected the elders. What I didn’t expect were the people my age, people who wanted to remember and celebrate a businessman in the community who had financially supported the education of young people in the community. They came to celebrate and remember, because they got it.
“None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.”
– Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall referencing his SCOTUS successor in a Newsweek interview (dated October 28, 1991)
Linda Brown, the student at the center of Brown v Board, was actually part of three school segregation related lawsuits: the one SCOTUS ruled on today in 1954; Brown II in 1955; and a case filed by the adult Linda Brown in 1978 (Brown III), which was re-opened and appealed through the late 80’s / early 90’s. The first case, officially filed as “Oliver Brown, et al v Board of Education of Topeka, et al,” was a class action lawsuit filed by Thurgood Marshall, the NAACP’s chief counsel, for thirteen parents on behalf of 20 school-aged children. However, the case itself was a test case and symbolic of several cases across the country. The case in Kansas was selected by the NAACP as the pilot case, because it was considered more Midwestern than Southern, the Brown’s neighborhood was desegregated (but the local school was not), and Oliver Brown was selected as the named plaintiff because he was a man. (The idea being that a male plaintiff might be considered more seriously by the courts and the ruling might carry more national weight if inequality could be proven outside of the South.)
While the unanimous 1954 ruling is celebrated as a landmark victory, it was more symbolic than anything else. The Supreme Court first ruled that there was no such thing as “separate, but equal” – at least not as schools existed at that time. Then, in 1955, SCOTUS ordered states to desegregate “with all deliberate speed” – but, here again there was no timetable and the interpretation of the very poetic phrase was left not to the NAACP or the plaintiffs, but to the states.
“It’s disheartening that we are still fighting. But we are dealing with human beings. As long as we are, there will always be those who feel the races should be separate.”
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– Linda Brown, in a 1994 New York Times article (around 40th anniversary)
Look around today and you will see the legacy of Brown v Board. There is some positive, some signs of progress; there is also some negative. Were Linda Brown still alive today, she could easily file another lawsuit…on behalf of her grandchildren or even her great-grandchildren. Part of the legacy of Brown v Board is living in the shadow of the Plessy v Ferguson concept of “separate but equal.” We can say it’s the shadow that makes us appreciate the light; but, at some point we need more light.
“I didn’t understand what was happening then, but it was clear that Brown versus Board of Education was a necessary victory. It might have been a little flame, but it served to set off a mighty flame. To me, the impact of Brown is best seen in the increasing numbers of black professionals today. These are the people that, after 1954, were able to have some degree of choice. This surely made a difference in their aspirations and their achievements.”
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– Linda Brown, in a April 29, 2004 speech (marking the 50th anniversary) at Chautauqua Institution
SVāDYāYA I: BEING LINDA
This year and last year, I started May 17th practice with a visualization exercise inspired by one that Shelly Graf (Associate Director of Common Ground Meditation Center) offered in 2021. As I explained in last year’s post (and in the practice), the exercises we offered are different, except in the fact that they provide an opportunity for svādyāya (“self-study”). My version of the exercise may land different (now that you have the background), but if you have another few moments, please check out last year’s post to read about the visualization and related insights.
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“When they won, it set a lasting legal precedent. [Linda] Brown was attending an integrated junior high school by then, and she later recalled the initial desegregation of local elementary schools going smoothly. But over the course of her life, she saw the reality of school integration fall short, locally and nationally.”
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– quoted from the 2018 Chalkbeat article entitled “In her own words: Remembering Linda Brown, who was at the center of America’s school segregation battles” by Sarah Darville (posted May 27, 2018)
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### NAMASTE ###
The Difference A Day Made II (the “missing” Wednesday post) July 29, 2021
Posted by ajoyfulpractice in Books, Changing Perspectives, First Nations, Gratitude, Healing Stories, Hope, Life, Mathematics, Men, Movies, Music, One Hoop, Pain, Philosophy, Suffering, Wisdom, Women, Yoga.Tags: 13th Amendment, 14th Amendment, 15th Amendment, 19th Amendment, Astavakra Gita, Beverly Palmer, Black Codes, Black Laws, Civil Rights Act of 1866, Damon Root, Dinah Washington, Dolly Johnson, Dorsey Brothers, Dred Scott, Ernie Pyle, Eydie Gormé, Florence Johnson, Frederick Douglass, General Order No. 3, Harry Roy & his Orchestra, Henry Johnson, Holly Ochoa, Jimmie Ague, John Elk, Liz Johnson, Los Panchos, María Grever, Mrs. Eliza McCardle Johnson, Natalie Cole, Orquesta Pedro Vía, Sam and Margaret Johnson, Stanley Adams, Supreme Court, Thaddeus Stevens, The Indian Citizenship Act of 1924, Theodore Parker, William Andrew Johnson
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[This is the “missing” post for Wednesday, July 28th. You can request an audio recording of either practice via a comment below or (for a slightly faster reply) you can email me at myra (at) ajoyfulpractice.com.
In the spirit of generosity (“dana”), the Zoom classes, recordings, and blog posts are freely given and freely received. If you are able to support these teachings, please do so as your heart moves you. (NOTE: You can donate even if you are “attending” a practice that is not designated as a “Common Ground Meditation Center” practice, or you can purchase class(es). Donations are tax deductible; class purchases are not necessarily deductible.
Check out the “Class Schedules” calendar for upcoming classes. If you are using an Apple device/browser and the calendar is no longer loading, please email me at myra (at) ajoyfulpractice.com at least 20 minutes before the practice you would like to attend.]
“What a difference a day made
And the difference is you”
– quoted from the song “What a Diff’rence a Day Makes”* by Dinah Washington
Every present moment is the culmination of previous moments and the beginning of the next moment. Bundle a bunch of moments together and you get a day – which is the culmination of all the days before and, and the beginning of all the days that come after. So, a day can make a big difference. Individually and collectively, we can change course in a day. It’s unfortunate that something built up over a lifetime can be destroyed in a day (see the next post); however, the converse is also true: we can begin to right a wrong in a day. Yes, a day can make a big difference, but the difference depends on what we do with the day.
Take today, a few years ago. It was a sunny Saturday, before the rain started, and I was serving as an officiant in the wedding of two dear friends. This couple had been together for 15 years and a day – and, as I pointed out to them: “That day is very important, because, historically, it provides a legal marker for the completion of a year.” Additionally, in a variety of ancient traditions – from the pagan Celts to the Vodou practicing Haitians – a year and a day is a sacred period, a period of time connected to an honorable duty that transcends lifetimes and generations. In fact, we now have reason to believe that Celtic couples who hand-fasted for a year and a day were legally wed. In European feudal societies, a serf who escaped and was absent from their place of servitude for a year and a day, was legally recognized as free and granted certain rights and privileges.
This particular day had an extra special significance to us, as African Americans, because the 14th Amendment to the United States Constitution was adopted today in 1868. It granted citizenship, the rights and liberties of citizenship – including representation, and “equal protection of the laws” to “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.…” The amendment was specifically intended to extend the above to free Blacks and former slaves, theoretically granted voting rights to Black men (although it would take the 15th Amendment for that to start taking effect and even then…). The 14th Amendment also made it illegal for former slave owners to request repayment for emancipated slaves and gave the United States Congress “the power to enforce, by appropriate legislation, the provisions of this [amendment].”
Sounds pretty cut and dry, right?
Except the original 14th Amendment excluded Indigenous Americans “not taxed,” women, and (as late as 1873) it excluded children. It has become the foundation of a large number of Supreme Court decisions, but has not been easily enforced. In fact, enforcement (of the letter and spirit of the law) has required a number of amendments and court decisions. Plus, the actual adoption, today in 1868, almost didn’t happen.
“So far as the appeals of the learned gentleman [from Ohio, U. S. Representative George Hunt Pendleton] are concerned, in his pathetic winding up, I will be willing to take my chance, when we all molder in the dust. He may have his epitaph written, if it be truly written, ‘Here rests the ablest and most pertinacious defender of slavery and opponent of liberty;”’ and I will be satisfied if my epitaph shall be written thus: ‘Here lies one who never rose to any eminence, who only courted the low ambition to have it said that he striven to ameliorate the condition of the poor, the lowly, the downtrodden of every race and language and color.’
I shall be content, with such a eulogy on his lofty tomb and such an inscription on my humble tomb, to trust our memories to the judgement of the ages.”
– quoted from the January 13, 1865 speech by U. S. Representative (from Pennsylvania) Thaddeus Stevens, as published in The Selected Papers of Thaddeus Stevens: April 1865 – August 1868 by Thaddeus Stevens, edited by Beverly Palmer and Holly Ochoa
The Civil Rights Act of 1866 has been referred to as the first civil rights law in the United States. It began the process of voiding the Dred Scott v. John F. A. Sandford, 60 U.S. (19 How.) 393 (1857), Supreme Court of the United States (SCOTUS) decision which declared that the constitution was not intended to include people of African descent and that said individuals could not claim or apply for citizenship regardless of the conditions of their birth. However, it excluded members of First Nations because of their tribal allegiances/citizenship. Some argued that Indigenous Americans were still subject to U. S. jurisdiction and were therefore entitled to U. S. citizenship and representation. The language in the 14th Amendment was intended to clear up this murkiness, but it was still problematic – as became clear(er) when John Elk tried to register to vote in April 1880.
Mr. Elk was born into a Ho-Chunk/Winnebago tribe, but later lived outside of the reservation (in a white community) and renounced his tribal membership, thus giving him the right to claim U. S. citizenship. Or, at least, that was the theory. His claim was denied; however, for the same reason he thought he had a claim: the 14th Amendment. In John Elk v. Charles Wilkins, 112 U.S. 94 (1884), the Supreme Court upheld the fact that Charles Wilkins denied John Elk’s claim. The Indian Citizenship Act of 1924 (also known as the Snyder Act) basically changed the status of Indigenous Americans and made Elk v. Wilkins legally irrelevant – but did not overturn the SCOTUS decision. Women, of course, were granted the right to vote when the 19th Amendment was ratified in 1920.
It bears noting that while the 14th Amendment has become the foundation of a large number of Supreme Court decisions (also see link below), it has not been easily enforced. In fact, enforcement (of the letter and spirit of the law) has required a number of amendments and court decisions. And, as I said before, it almost didn’t happen.
Resistance to what would become the 14th Amendment dates back as early as 1866, when Congress introduced the Civil Rights Act of 1866 in order to enforce the 13th Amendment (which abolished slavery). President Andrew Johnson, who inherited the presidency after the assassination of Abraham Lincoln, saw no need to restrict former Confederate states as they were reintroduced into the Union. He also frowned upon legislation that curtailed the Black Laws (or Black Codes) intended to keep former slaves in restricted situations. (I sometimes think of the end of “General Order No. 3” as the beginning of such restrictions.) Furthermore, he feared what would happen if citizenship was granted to certain immigrants (e.g., Chinese Americans – who were later excluded by the Chinese Exclusion Acts of the 1880s – and Romani people).
“The way Frederick Douglass told it, he learned to distrust Andrew Johnson practically on sight. On March 4, 1865, Douglass was in Washington DC, one of the many thousands of people gathered in attendance for the second inauguration of President Abraham Lincoln. According to Douglass’s account, he watched from the crowd as Lincoln conferred with Johnson, his vice president to be. ‘Mr. Lincoln touched Mr. Johnson and pointed me out to him,’ Douglass reported. ‘The first expression which came to [Johnson’s] face, and which I think was the true index of his heart, was one of bitter contempt and aversion.’ Johnson quickly realized that Douglass was looking right back at him, so he ‘tried to assume a more friendly appearance.’ But there was no mistaking that original, unguarded expression of hostility. Douglass, according to his telling, then turned to his neighbor in the crowd and remarked, ‘Whatever Andrew Johnson may be, he certainly is no friend of our race.’
The prediction would prove all too accurate.”
– quoted from “5: ‘One Nation, One Country, One Citizenship’ – ‘No Friend of Our Race’ in A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution by Damon Root
While many legislatures were appalled, I’m not sure they should have been surprised at the newly assumed President’s attitude. Nor, in my humble opinion, should they have been surprised by the fact that he vetoed the bill that would become the Civil Rights Act of 1866. President Johnson was, after all, a North Carolina-born Democrat, a former Senator from Tennessee, and a former owner of at least 10 slaves. Ironically, he had “escaped” from what was technically a form of legal serfdom when he was a teen.
At the age of ten, he joined his older brother William as an apprentice to the tailor James Selby. He was legally bound to serve for about 11 years, but ran away (along with his brother) after about 5 years – because he was unhappy with his situation. Mr. Selby offered a reward for both brothers – or for the future president alone. Despite his best efforts, Andrew Johnson was not able to purchase his own freedom (from James Selby). Almost twenty years later, however, he was able to purchase his first two slaves: teenaged half-siblings named Sam and Dolly. About fourteen years after that he acquired a teenaged slave named Henry, who would eventually accompany him (as a freedman) to the White House.
After purchasing his first slaves, the then-Senator Johnson would often “hire” Sam out and, eventually, Sam received some of that payment – courtesy of Mrs. Eliza McCardle Johnson. Sam also married a slave named Margaret and they had several children, at least three of whom were born into slavery. Although not married, Dolly had three (maybe four) children. While she and Sam appear to be pretty dark-skinned (in pictures and according to the census), Dolly’s second daughter, Florence Johnson** – who accompanied the Johnson’s to the Executive Mansion – appears quite light-skinned and all three of her children were listed on the census as “mulatto” (indicating that they were mixed). Dolly’s son, William Andrew Johnson**, was twelve years younger than his eldest sister (Liz) and ten years younger than Florence. When he died at the age of 86, his death certificate listed President Johnson’s son, Robert, as his father. (There is no record naming the father of either of Dolly’s daughters, but there were a lot of rumors in Tennessee at the time of their births.)
To be clear, records indicate that Andrew Johnson freed his slaves on August 8, 1863 – courtesy of Mrs. Eliza McCardle Johnson; that they all stayed on as paid employees; that the Johnson family maintained friendly ties with the emancipated people; and that Sam eventually arranged for emancipated family members to live (rent free) on Johnson land. On October 24, 1864, the then-Governor of Tennessee declared himself “your Moses” and freed enslaved people in Tennessee. Fast forward and President Johnson would be impeached in 1868, for violating the 1867 Tenure of Office Act – which only existed because Congress, once again, overrode his veto. (The act was repealed in 1887. SCOTUS declared it unconstitutional in 1926.)
“I asked [William Johnson] if he wasn’t better off when Andrew Johnson owned him then since then. He said, ‘Yes, we were mighty well off then. But any man would rather be free than a slave.’”
– quoted from Ernie’s America: The Best of Ernie Pyle’s 1930s Travel Dispatches by Ernie Pyle
In April 1866, the United States Congress made the landmark decision to override a presidential veto. Later that month, the gentleman from Pennsylvania, U. S. Representative Thaddeus Stevens, combined several different proposals into a single amendment (the 14th), which was approved and submitted for state ratification in June 1866. President Johnson, again, opposed the proposition – but Congress made it veto poof. The Southern states resisted ratification, but Congress made ratification of both the 13th and 14th amendments a requirement in order for those States to regain their political voice. Additionally, the Union Army ensured compliance.
Connecticut was the first state to ratify the amendment (on June 30, 1866). New Hampshire would follow suit about a week later (on July 6, 1866) and the president’s adopted state of Tennessee (on July 18, 1866). Other states trickled in, but some states (like South Carolina and the president’s home state of North Carolina) initially rejected the amendment. Then there were states like New Jersey, Oregon, and Ohio) that rescinded their ratification. Note that I am leaving out a whole lot of legal certification and maneuvering when I jump to the part where Alabama ratified it (on July 13, 1868) and Georgia, which had previously rejected the amendment, ratified it on July 21, 1868. Secretary of State William H. Seward staunch opponent of the spread of slavery (and a former Senator and Governor of New York) received Georgia’s formal ratification on July 27th and officially proclaimed the adoption today in 1868.
After the 14th amendment had been officially adopted, Virginia (October 1869), Mississippi (January 1870), Texas (February 1870), Delaware (February 1901), Maryland (April 1959), California (May 1959), and Kentucky (March 1976) ratified the amendment. Note that Mississippi and California were the only states out of that list that had not previously rejected the amendment. The states that had previously rescinded their ratification all re-ratified: New Jersey (April 2003), Oregon (April 1973), and Ohio (March 2003).
Yes, it was 2003 before the 14th amendment was ratified by all the states that existed during Reconstruction.
You can make of that what you will… but be very clear in your logic. Ask yourself, how would you feel if in 2003 you lived in a state where (“legally” and on paper) you were not considered a fully endowed citizen? How would you feel about Others if you were afforded all the rights of citizenship, but they were not? How would you treat those Others?
“‘If one thinks of oneself as free, one is free, and if one thinks of oneself as bound, one is bound. Here this saying is true, “Thinking makes it so.”’”
– quoted from the Ashtavakra Gita (1.11) [English translation by John Richards]
Wednesday’s playlist is available on YouTube and Spotify.
*NOTE: I love and am often inspired by the song “What a Diff’rence a Day Makes,” but today is the first time I actually looked up the songs history. Popularized in the English-speaking world by Dinah Washington in 1959, the song was originally called “Cuando vuelva a tu lado.” It was written in Spanish by María Grever, the first Mexican woman to achieve international acclaim as a composer, and recorded by Orquesta Pedro Vía in 1934. Thirty years later the original song experienced a resurgence of popularity when it was covered by Los Panchos, a trío romantico, joined by Eydie Gormé. A beautiful version (in Spanish, with an English verse) was released by Natalie Cole in 2013.
The English lyrics, by Stanley Adams, were played by Harry Roy & his Orchestra and recorded in 1934 by Jimmie Ague as well as by the Dorsey Brothers. However, it was Dinah Washington who won a Grammy Award for the song (in 1959) and whose version was inducted into the Grammy Hall of Fame in 1998. The song also appears in some recordings as “What a Diff’rence a Day Made” and with “difference” completely spelled out.
** NOTE: I refer to Florence Johnson and William Andrew Johnson even though President Johnson’s slaves did not have surnames. As many emancipated people did, the newly-freed Sam and Margaret, Dolly, Henry, and the children of the former adopted the surnames of their former owners.
“I do not pretend to understand the moral universe. The arc is a long one. My eye reaches but little ways. I cannot calculate the curve and complete the figure by experience of sight. I can divine it by conscience. And from what I see I am sure it bends toward justice.”
– quoted from an 1853 sermon by abolitionist and Unitarian minister Theodore Parker
If you are thinking about suicide, worried about a friend or loved one, or would like emotional support, you can call 1-800-273-TALK (8255). You can also call the TALK line if you are struggling with addiction or involved in an abusive relationship. The Lifeline network is free, confidential, and available to all 24/7. YOU CAN TALK ABOUT ANYTHING.
If you are a young person in crisis, feeling suicidal, or in need of a safe and judgement-free place to talk, call the TrevorLifeline (which is staffed 24/7 with trained counselors).
### HOW FREE DO YOU FEEL, TODAY? ###
Svādyāya I: Being Linda (the “missing” Monday post) May 19, 2021
Posted by ajoyfulpractice in "Impossible" People, Books, Buddhism, Changing Perspectives, Dharma, Gratitude, Healing Stories, Hope, Life, Meditation, Music, One Hoop, Pain, Philosophy, Suffering, Wisdom, Yoga.Tags: Brown v Board, desegregation, education, Linda Brown, Linda Carol Brown, Perception, Plessy v Ferguson, SCOTUS, segregation, Supreme Court, Thurgood Marshall, union
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[This post is related to the Common Ground Zoom practice on Monday, May 17th. You can request an audio recording of Monday’s practice via a comment below or (for a slightly faster reply) you can email me at myra (at) ajoyfulpractice.com.
In the spirit of generosity (“dana”), the Zoom classes, recordings, and blog posts are freely given and freely received. If you are able to support these teachings, please do so as your heart moves you. (NOTE: You can donate even if you are “attending” a practice that is not designated as a “Common Ground Meditation Center” practice, or you can purchase class(es). Donations are tax deductible; class purchases are not necessarily deductible.
Check out the “Class Schedules” calendar for upcoming classes.]
Patricia Rayborn has written several books and essays about race, religion, family expectations, and Oswald Chambers, who asked, “Would I recognize God if He came in a way that I was not prepared for?”
Another way to phrase that is: “Would you recognize the Dharma (Dhamma) if it came in a way that you were not prepared for?” (Or, not expecting?)
Keeping all that in mind, if you have a moment, I invite you to participate in a little exercise. It is an exercise in svādyāya (“self-study”), partially inspired by a visualization exercise guided by Shelly Graf, Associate Director of Common Ground Meditation Center on Sunday. While they had some teachers, staff, and volunteers from the center visualizing, imagining, a future moment, on Monday I used it to guide people back… to some past moments.
“Hey, you know, everybody’s talkin’ about the good old days, right
Everybody’s talkin’ the good old days, the good old days
Well, let’s talk about the good old days
Come to think of it as, as bad as we think they are
these will become the good old days for our children, so um
Why don’t we, ah… Try to remember…”
– quoted from the intro to the song medley “The Way We Were / Try to Remember” by Gladys Knight& The Pips
Take a moment to get comfortable. Make sure that your breath is deep. Then, imagine your “first day of school.” It can be the first day of school that you remember – which may not actually be the first time you went to a school outside of your home. Conversely, maybe it was your first day at a new school; maybe your first day of school in a new state or even in a new country. Just take a moment, maybe even read this and then close your eyes, and remember what you were wearing and how you felt.
Think about how you got to school: Was it in your neighborhood or somewhere else? Did you walk? Ride a bus? (If so, was it a school bus or public transit? Do you remember what the driver looked like, or even their name?) Did one of your parents drive you (or in some other way accompany you)?
Keep going. What about the other students? How did they look? What were they wearing? Who was your first friend? Or the first person you met that didn’t become your friend? What did your favorite teacher look like? What about your least favorite teacher? What about your principal and assistant principal? Do you remember any of the other staff?
Take a moment to soak up that imagery. Now, imagine the first day of school for your child or a child with whom you are very familiar. Can you visualize the answers to the same questions?
How different is/was their experience from your experience? How many years passed in between?
“Discernment is God’s call to intercession, never to fault finding.”
– quoted from “May 3 – Vital Intercession” in My Utmost for His Highest by Oswald Chambers (although it is also often attributed to Corrie ten Boom)
At the beginning of Monday’s Common Ground practice on Zoom, I guided nine people through this exercise (after ascertaining that, between the 10 of us, we had gone to school in 14 states within 2 countries. (I didn’t count the cities, but it was more than 14). I didn’t ask anyone’s age, but my guess is that there was at least one person in the group in their 20’s, several of us in our 50’s, and possibly someone (or two) in their 60’s – and then some in between. And, while there were some overlaps in states, there was some diversity… in the states and in the people.
Suffice to say, if we had talked about it afterwards, we would have shared some similar experiences and some really different experiences. Yet, there we were, all on Zoom, sharing an experience. More to the point: having the resources to share the experience.
And yet, each of us experienced the exercise and the practice in different ways, because of our previous experiences – include those school experiences. More importantly, those school experiences are part of the foundation through which we experience all of our current experiences – even when we share them.
Consider that even when we don’t think about this foundation – and how it influences us – it still plays a part in how we are currently moving through the world. It also plays a part in how we interact with people who had different school experiences – or we perceive to have had different childhood experiences from us. It plays a part in how we make friends (and, to a certain degree, if we make friends with people outside of our first family, tribe, and community of birth). It also plays a part in how we see ourselves (and how we understand our place in the world).
Lack of awareness about those differences – or assumptions about those differences, can create conflict. It can also compound conflict; especially when we are not aware of our preconceived notions and/or biases. Lack of awareness can increase the suffering we experience and inflict, as well as prevent us from alleviating our own suffering.
“When they won, it set a lasting legal precedent. [Linda] Brown was attending an integrated junior high school by then, and she later recalled the initial desegregation of local elementary schools going smoothly. But over the course of her life, she saw the reality of school integration fall short, locally and nationally.”
– quoted from the 2018 Chalkbeat article entitled “In her own words: Remembering Linda Brown, who was at the center of America’s school segregation battles” by Sarah Darville (posted May 27, 2018)
Monday, May 17, was the anniversary of the landmark United States Supreme Court case known as Brown v. Board of Education. In getting ready for the practice, I experienced a little sadness that we are not further along as a country (when it comes to racial and class disparities, as well as gender inequality). I experienced a little anger that, throughout this pandemic, we saw those disparities in who was able to show up for virtual classes and who was walking to their school yard (or a restaurant or Apple store) so they could use the internet. And, while I admire local business owners and wealthy celebrities who support the school systems in their areas, I can’t help but be frustrated that (a) private citizens seem to be doing more than our municipalities (or federal government) and (b) that the private citizens who seem to do the most are those who are most aware of the disparities because they lived them.
Yes, I was feeling sad, angry, and frustrated – even a little judge-y. What I wasn’t feeling was a ton of gratitude. However Brown v. Board of Education, while more symbolic than practical (and apply-able) in 1954 (let alone 1955), was a “first step” for which I personally do feel grateful. In getting in touch with the feeling of gratitude – without dismissing or suppressing those other feelings – I thought about Shelly’s exercise. And I decide to go back. But, I didn’t want to go back in order to pass judgement on anyone’s experience. Instead, I wanted to simply raise awareness around our individual experiences (and maybe consider how we would feel if we walked in Linda Brown’s shoes).
During the practice, I mentioned the details of all three Brown cases (which you can read about in my 2020 blog post) and the ways in which (energetically speaking) we house and process our life experiences. Of course, no discussion about Brown would be complete without referencing Supreme Court Justice Thurgood Marshall (who was then serving as the NAACP’s chief counsel).
“None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.”
– Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall referencing his SCOTUS successor in a Newsweek interview (dated October 28, 1991)
There is no playlist for the Common Ground practice. (However, I did post a “Brown” playlist in 2020.)
### UPEKŞĀ (EQUANIMITY) ###
Because Every Vote Counted (Part 3): more aptly titled “To Ensure Every Vote Counted” July 2, 2020
Posted by ajoyfulpractice in Uncategorized.Tags: Brown v Board, Cab Calloway, Caesar Rodney, Charles Hamilton Houston, Civil Rights Act of 1964, Constitution, Declaration of Independence, freedom, Furman v Georgia, Howard University, independence, inspiration, Langston Hughes, law, liberty, Lincoln University, Malcolm X, Martin Luther King Jr, Mike Wallace, Murray v Pearson, Plessy v Ferguson, Roe v Wade, Skinner v. Railway, Supreme Court, Thurgood Marshall, truth
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[Surprise! This is an expanded version of two more events I mention during classes on July 2nd: the anniversary of the birth of Supreme Court Justice Thurgood Marshall and the passage of the Civil Rights Act of 1964. ]
“The issue in this case is not whether declaring a war on illegal drugs is good public policy. The importance of ridding our society of such drugs is, by now, apparent to all…. Precisely because the need for action against the drug scourge is manifest, the need for vigilance against unconstitutional excess is great. History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.”
– Supreme Court Justice Thurgood Marshall in the dissenting opinion on Skinner v. Railway Labor Executives Association, 489 U.S. 602 (1989)
Freedom. Liberty. Independence. We’ve already established that when Caesar Rodney cast his vote for independence, today in 1776, his vote did not extend freedom, liberty, or independence to all humans within his territory. But, that is not the end of today’s story. Exactly 132 years after Caesar Rodney’s famous ride to cast a vote for independence, a baby boy was born to a railroad porter named William and his wife Norma, a teacher. This son, a descendant of slaves on both sides, would spend his whole life working to extend those freedoms to all and today in 1964 (on his 56th birthday) he would receive a great “birthday present” in the form of the Civil Rights Act of 1964.
But, I’m getting ahead of myself.
Let’s go back to Baltimore, Maryland on July 2, 1908.
William and Norma Marshall named their son Thoroughgood, which he would later shorten it to Thurgood. The Marshalls were a Black family, the descendants of slaves. William and Norma taught their sons about the Constitution and the rule of law. William even took his sons to listen to court cases, which the Marshalls would then debate. Thurgood Marshall would later say that those early debates with his father turned him into a lawyer. But he wasn’t just any lawyer: he was the “winning-est” attorney in the history of the United States Supreme Court (SCOTUS), the first African-American United States Solicitor General, and the first African-American to Supreme Court Justice.
“If the Son shall make you free, ye shall be free indeed.”
– The Gospel According to John (8:36) and motto for Lincoln University (Oxford, Pennsylvania)
“Veritas et Utilitas (‘Truth and Service’)”
– motto for Howard University (Washington, D. C.)
“None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.”
– Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall referencing his SCOTUS successor in a Newsweek interview (dated October 28, 1991)
By all accounts, Thurgood Marshall was an excellent student throughout high school (graduating third in his class), but started college as a bit of a prankster. He attended Lincoln University in Oxford, Pennsylvania (halfway between Philadelphia and Baltimore) and graduated cum laude with a Bachelor of Arts degree in American literature and philosophy. His peers included Langston Hughes and Cab Calloway, who would become internationally renowned artists. Thurgood Marshall would become just as celebrated as Hughes and Calloway, but rather than pursuing literature, he earned a law degree from Howard University School of Law, graduating first in his class, and proceeded to change the world.
During the Civil Rights Movement, he argued and won more cases (29 out of 32) before the country’s highest court than any other attorney. After an equally notable career as an appeals court judge – notable in part because Senators from the southern states held up his appointment, causing him to serve the first few months in recess, and also because once he was able to serve none of his cases were overturned – Thurgood Marshall served as United States Solicitor General (winning 14 out of 19 cases). He then returned to the Supreme Court – this time as its first African-American Justice; the first in 178 years.
Both of Thurgood Marshall’s alma maters (Lincoln University and Howard University) are historically black universities (HBCUs). It wasn’t as if he never considered attending a school that was not an HBCU; he didn’t have a choice – segregation prevented him from attending institutions of higher education like the University of Maryland School of Law. In what some might consider an interesting twist of fate, he would not only become known for arguing Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), a school segregation case he argued in his mid-forties, his first major victory working with the National Association for the Advancement of Colored People (NAACP) was also a school segregation case: against the University of Maryland School of Law. At the age of 26, Thurgood Marshall joined his mentor Charles Hamilton Houston in representing Donald Gaines Murray in Murray v. Pearson, 169 Md. 478, 182 A. 590 (1936). Murray had been denied acceptance to the University of Maryland because of his race. In both Murray v. Pearson and Brown v. Board, Thurgood Marshall challenged Plessy v. Ferguson, 3 U.S. 537 (1896), and the doctrine of “separate but equal.” He won both cases, but only the latter case completely overturned the legality of school segregation.
“What’s at stake here is more than the rights of my client. It’s the moral commitment stated in our country’s creed.”
– Thurgood Marshall, NAACP attorney for plaintiff in Murray v. Pearson, 169 Md. 478, 182 A. 590 (1936)
As I referenced before, the Civil Rights Act was signed into law today in 1964 by President Lyndon B. Johnson. It prohibited discrimination based on race, color, religion, sex, or national origin. It would also outlaw unequal application of voter registration requirements and racial segregation in schools, work environments, and public accommodations. It also expanded the definition of “all men” (as written in the second sentence of the “Declaration of Independence”) to include all people. Over the years, there would be several landmark cases that impacted the application of the Civil Rights Act of 1964. One of those cases was decided almost exactly 56 years later (on June 15, 2020), when SCOTUS upheld a portion of the Civil Rights Act (Title VII) as it relates to sexual orientation and gender identity. In a 6 -3 decision, the highest court in the country affirmed that it is unconstitutional for an employer to fire someone for being gay or transgender. Clarence Thomas, Thurgood Marshall’s successor in that he is the only other African-American to serve on the Supreme Court, was one of the 3 dissenters.
Thurgood Marshall believed the death penalty was unconstitutional (Furman v. Georgia, 408 U.S. 238 (1972)) and supported a woman’s right to choose (Roe v. Wade, 410 U.S. 113 (1973)). He is not only remembered as a champion of Civil Rights, his name and his work are often mentioned in the same breath as the names and efforts of Rev. Martin Luther King, Jr. and Malcolm X. The three men had different backgrounds and so worked in different ways, even in different spheres; and yet they had the same aim: to expand those “unalienable Rights” detailed in the “Declaration of Independence” and ratified by the Constitution of the United States of America.
A spirit of strong conviction (first 5 minutes only)
Electric… but not an Electrician
“Like many anniversary celebrations, the plan for 1987 takes particular events and holds them up as the source of all the very best that has followed. Patriotic feelings will surely swell, prompting proud proclamations of the wisdom, foresight, and sense of justice shared by the Framers and reflected in a written document now yellowed with age. This is unfortunate. Not the patriotism itself, but the tendency for the celebration to oversimplify, and overlook the many other events that have been instrumental to our achievements as a nation. The focus of this celebration invites a complacent belief that the vision of those who debated and compromised in Philadelphia yielded the ‘more perfect Union’ it is said we now enjoy.
I cannot accept this invitation, for I do not believe that the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the Framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government, and its respect for the individual freedoms and human rights, we hold as fundamental today. When contemporary Americans cite ‘The Constitution,’ they invoke a concept that is vastly different from what the Framers barely began to construct two centuries ago.
– from speech given by Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall at The Annual Seminar of the San Francisco Patent and Trademark Law Association, Maui, Hawaii May 6, 1987
“And so we must be careful, when focusing on the events which took place in Philadelphia two centuries ago, that we not overlook the momentous events which followed, and thereby lose our proper sense of perspective. Otherwise, the odds are that for many Americans the bicentennial celebration will be little more than a blind pilgrimage to the shrine of the original document now stored in a vault in the National Archives. If we seek, instead, a sensitive understanding of the Constitution’s inherent defects, and its promising evolution through 200 years of history, the celebration of the “Miracle at Philadelphia” Bowen, Miracle at Philadelphia: The Story of the Constitutional Convention May to September 1787 (Boston 1966), will, in my view, be a far more meaningful and humbling experience. We will see that the true miracle was not the birth of the Constitution, but its life, a life nurtured through two turbulent centuries of our own making, and a life embodying much good fortune that was not.
Thus, in this bicentennial year, we may not all participate in the festivities with flag-waving fervor. Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights.”
– conclusion to the speech given by Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall at The Annual Seminar of the San Francisco Patent and Trademark Law Association, Maui, Hawaii May 6, 1987
### MOKSHA • MUKTI ###
Being Brown May 17, 2020
Posted by ajoyfulpractice in "Impossible" People, Books, Changing Perspectives, Dharma, Gratitude, Healing Stories, Hope, Life, Music, One Hoop, Pain, Suffering, Wisdom, Yoga.Tags: Brown v Board, chitilin' circuit, Club Supreme, desegregation, Dowling Street, Linda Brown, Linda Carol Brown, Perception, perspective, Plessy v Ferguson, SCOTUS, segregation, Supreme Court, The Sportsman, Thurgood Marshall, union, yoga
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(“Ramadan Mubarak, Blessed Ramadan!” to anyone who is observing Ramadan. I typically talk about Ramadan at the end of the season, so keep your eyes open.)
“I stopped explaining myself when I realized other people only understand from their level of perception.”
– Anonymous
“…we lived in an integrated neighborhood and I had all of these playmates of different nationalities…. I just couldn’t understand what was happening because I was so sure that I was going to go to school with Mona and Guinevere, Wanda, and all of my playmates.”
– Linda Brown, quoted in a “Black/White and Brown” produced by KTWU Channel 11 (May 3, 2004)
For a long time, most of my life, I didn’t get it. How could I get it, as odd as it is to understand, it was outside of my experience.
I am related to some of the smartest people I know –and I know a lot of really smart people. My father has a PhD and taught doctors, his mother was a school teacher, my maternal great-grandmother and both grandmothers taught Sunday school, and my mother worked with doctors and lawyers – so I didn’t get why they made such a big deal about my grades or my education. I appreciated it when my parents arranged things so I could enroll in special programming (like “Research and Development”), but sometimes I kind of took it for granted. Going to a private school, for instance, was just what my brothers and I did sometimes. Granted, one of my brothers ended up in private school after my parents were informed he would be bused to a “Black school” as part of a desegregation plan in the 80’s (which I thought was beyond silly, but I didn’t spend too much time thinking about why the plan existed (in the mid-80’s!!!). I didn’t get it; it was outside of my experience.
My maternal grandfather owned bars in Houston, like the Sportsman, and supper clubs, like The Club Supreme, which was part of the “Chitlin’ Circuit” (venues owned and operated by and for African-American audiences during segregation). I grew up hearing about the great talents he booked and about people like Sammy Davis, Jr., Harry Belafonte, and the Supremes stopping by the house for dinner. Sometimes I would walk into Club Supreme, look down the dark and dusty ballroom to the stage at the back and imagine what it was like in its heyday. When I walked next door to the Sportsman, owners/editors of newspapers, bankers, and business owners seemed to not only know my name, but also my GPA. Sometimes I thought it was weird – especially when they would tell me they were holding a job for me when I graduated from college – but mostly I just thought part of being a grandfather was being proud of your grandchildren; I figured he must talk about me to his customers because that’s what grandfathers did. I didn’t get it; it was outside of my experience.
“I was kind of afraid at first. I didn’t talk about it very much, I guess, because I was afraid it would get back to someone who would make trouble.”
– Linda Brown, age 17, in a 1961 New York Times interview
In May 2004, I finally started to get it. It was the 50th Anniversary of Brown v. Board of Education of Topeka and as people were celebrating, remembering, and producing documentaries, I was doing the math. In doing the math, I finally really understood that Black people not being able to go to the school of their choice wasn’t part of some distant history lesson. It was part of living history – it was part of my family history. The teachers, administrators, farmers, businessmen and businesswomen, police officers, doctors, nurses, insurance agents, authors, truckers, military personnel, farmers, and preachers in my family successfully did what they did – not because they had the economic and educational advantages that they gave me, but in spite of not having what I took for granted. My parents grew up in the South, in the shadow of Brown v Board, in a state where the Attorney General actively worked to keep school segregation legal despite the U. S. Supreme Court’s landmark ruling. The people who worked behind the bar and sat on the barstools at my grandfather’s clubs knew me not because my Paw-Paw was some random grandfather proud of his random grandchildren, but because they all understood what I did not: my brothers, cousins, and I were symbols of progress and change. We were proof that the world – or at least our little corner of the world – was getting better, more equitable and more just.
When my grandfather died, people seemed to come out the woodwork. I kind of expected the elders. What I didn’t expect were the people my age, people who wanted to remember and celebrate a businessman in the community who had financially supported the education of young people in the community. They came to celebrate and remember, because they got it.
“None of us got where we are solely by pulling ourselves up by our bootstraps. We got here because somebody – a parent, a teacher, an Ivy League crony or a few nuns – bent down and helped us pick up our boots.”
– Supreme Court Justice (and former NAACP chief counsel) Thurgood Marshall referencing his SCOTUS successor in a Newsweek interview (dated October 28, 1991)
Linda Brown, the student at the center of Brown v Board, was actually part of three school segregation related lawsuits: the one SCOTUS ruled on today in 1954; Brown II in 1955; and a case filed by the adult Linda Brown in 1978 (Brown III), which was re-opened and appealed through the late 80’s / early 90’s. The first case, officially filed as “Oliver Brown, et al v Board of Education of Topeka, et al,” was a class action lawsuit filed by Thurgood Marshall, the NAACP’s chief counsel, for thirteen parents on behalf of 20 school-aged children. However, the case itself was a test case and symbolic of several cases across the country. The case in Kansas was selected by the NAACP as the pilot case, because it was considered more Midwestern than Southern, the Brown’s neighborhood was desegregated (but the local school was not), and Oliver Brown was selected as the named plaintiff because he was a man. (The idea being that a male plaintiff might be considered more seriously by the courts and the ruling might carry more national weight if inequality could be proven outside of the South.)
While the unanimous 1954 ruling is celebrated as a landmark victory, it was more symbolic than anything else. The Supreme Court first ruled that there was no such thing as “separate, but equal” – at least not as schools existed at that time. Then, in 1955, SCOTUS ordered states to desegregate “with all deliberate speed” – but, here again there was no timetable and the interpretation of the very poetic phrase was left not to the NAACP or the plaintiffs, but to the states.
“It’s disheartening that we are still fighting. But we are dealing with human beings. As long as we are, there will always be those who feel the races should be separate.”
– Linda Brown, in a 1994 New York Times article (around 40th anniversary)
Look around today and you will see the legacy of Brown v Board. There is some positive, some signs of progress; there is also some negative. Were Linda Brown still alive today, she could easily file another lawsuit…on behalf of her grandchildren or even her great-grandchildren. Part of the legacy of Brown v Board is living in the shadow of the Plessy v Ferguson concept of “separate but equal.” We can say it’s the shadow that makes us appreciate the light; but, at some point we need more light.
“I didn’t understand what was happening then, but it was clear that Brown versus Board of Education was a necessary victory. It might have been a little flame, but it served to set off a mighty flame. To me, the impact of Brown is best seen in the increasing numbers of black professionals today. These are the people that, after 1954, were able to have some degree of choice. This surely made a difference in their aspirations and their achievements.”
– Linda Brown, in a April 29, 2004 speech (marking the 50th anniversary) at Chautauqua Institution
Please join me for a 65-minute virtual yoga practice on Zoom today (Sunday, May 17th) at 2:30 PM, to celebrate progress, to remember those who made it possible, and to raise awareness so that we understand what is needed to move forward together. You can use the link from the “Class Schedules” calendar if you run into any problems checking into the class. Today’s playlist is available on YouTube and Spotify.
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