Expressing Sense of Congress That All Americans Observe the 50th Anniversary of Brown V. Board of Education

EXPRESSING SENSE OF CONGRESS THAT ALL AMERICANS OBSERVE THE 50TH ANNIVERSARY OF BROWN V. BOARD OF EDUCATION WITH A COMMITMENT TO CONTINUING AND BUILDING ON THE LEGACY OF BROWN

Mr. SENSENBRENNER. Mr. Speaker, pursuant to the previous order of the House, I call up the concurrent resolution (H. Con. Res. 414) expressing the sense of the Congress that, as Congress recognizes the 50th anniversary of the Brown v. Board of Education decision, all Americans are encouraged to observe this anniversary with a commitment to continuing and building on the legacy of Brown, and ask for its immediate consideration.

The Clerk read the title of the concurrent resolution.

The text of H. Con. Res. 414 is as follows:

H. CON. RES. 414

Whereas on May 17, 1954, the United States Supreme Court announced in Brown v. Board of Education (347 U.S. 483) that, "in the field of education, the doctrine of 'separate but equal' has no place";

Whereas the Brown decision overturned the precedent set in 1896 in Plessy v. Ferguson (163 U.S. 537), which had declared "separate but equal facilities" constitutional and allowed the continued segregation of public schools in the United States on the basis of race;

Whereas the Brown decision recognized as a matter of law that the segregation of public schools deprived students of the equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States;

Whereas the Brown decision stood as a victory for plaintiff Linda Brown, an African American third grader who had been denied admission to an all white public school in Topeka, Kansas;

Whereas the Brown decision stood as a victory for those plaintiffs similarly situated to Linda Brown in the cases that were consolidated with Brown, which included Briggs v. Elliot (103 F. Supp. 920), Davis v. County School Board (103 F. Supp. 337), and Gephardt v. Belton (91 A.2d 137);

Whereas the Brown decision stood as a victory for those that had successfully dismantled school segregation years before Brown through legal challenges such as Westminster School District v. Mendez (161 F.2d 774), which ended segregation in schools in Orange County, California;

Whereas the Brown decision stands among all civil rights cases as a symbol of the Federal Government's commitment to fulfill the promise of equality;

Whereas the Brown decision helped lead to the repeal of "Jim Crow" laws and the elimination of many of the severe restrictions placed on the freedom of African Americans;

Whereas the Brown decision helped lead to the enactment of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, or national origin in workplaces and public establishments that have a connection to interstate commerce or are supported by the State;

Whereas the Brown decision helped lead to the enactment of the Voting Rights Act of 1965 which promotes every American's right to participate in the political process;

Whereas the Brown decision helped lead to the enactment of the Fair Housing Act of 1968 that prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-relating transactions, on the basis of race, color, national origin, religion, sex, familial status, or disability; and

Whereas in 2004, the year marking the 50th anniversary of the Brown decision, inequalities evidenced at the time of such decision have not been completely eradicated: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Congress-

(1) recognizes and celebrates the 50th anniversary of the Brown v. Board of Education decision;

(2) encourages all Americans to recognize and celebrate the 50th anniversary of the Brown v. Board of Education decision; and

(3) renews its commitment to continuing and building on the legacy of Brown with a pledge to acknowledge and address the modern day disparities that remain.

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Mr. DAVIS of Illinois. Mr. Speaker, I rise today as we celebrate the 50th Anniversary of Brown v. Topeka Board of Education. African Americans and other minorities have been affected tremendously by this landmark decision and have benefited from it over several decades. We would like to think that our country now benefits from the inclusion of having a more enriched and diverse classroom, workplace, and community. We now have more black doctors, lawyers, Members of Congress, CEOs, scientists, astronauts, teachers and the list continues.

There is no doubt Brown represents the power and potential of masses united in struggle for justice and equality. The larger question before us today is, has Brown achieved its goal of equality in education and educational opportunity for African Americans? The sad answer, after so many decades of struggle, remains: No.

When compared to their White counterparts, African American children were three times as likely to be labeled mentally retarded or emotionally disturbed. The number of African Americans attending graduate, medical or dental school slowly has been declining. There are more black males in our prison than in our institutions of higher education.

Although there are 39 African American Members of Congress in the House of Representatives, there is not one black man or woman serving in the U.S. Senate. Out of our 50 states that make up our great Nation-not one has a black man or woman at the top as Governor.

Mr. Speaker, data from the 2000 census makes it clear that the ridged lines of ethnic and racial segregation persist across the entire country. This year is not only a celebration of the step forward in freeing the minds of African-American children but a reflection that in 50 years we have failed as a Nation to provide equal education and opportunities to minority children in our country. After 50 years of "separate but equal" being ruled unconstitutional, it is evident it still exists in our schools and communities today.