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 -- (House of Representatives - May 13, 2004)

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. PAYNE. Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Ms. Waters).

Ms. WATERS. Mr. Speaker, I commend the gentleman from Michigan (Mr. Conyers) and the chairman, the gentleman from Wisconsin (Mr. Sensenbrenner) for bringing to the floor this important resolution recognizing and celebrating the 50th anniversary of Brown v. Board of Education, and I am pleased to be an original cosponsor of this resolution.

Mr. Speaker, it is important to note that this resolution calls upon Congress to do more than just noting the historical significance of the 50th anniversary of the Brown decision. It asks Congress to renew its commitment to continue building on the legacy of Brown with a pledge to acknowledge and address the modern-day disparities that perpetuate a separate but unequal society.

Yet while we celebrate the Brown I decision, we must candidly discuss the many challenges that remain in the quest to achieve equal opportunity for all Americans. Professor Charles Ogletree of the Harvard Law School has written a very powerful book on the legacy of the Brown decision, entitled "All Deliberate Speeds: Reflections on the First Half-Century of Brown v. Board of Education." Professor Ogletree reminds us the second Brown case, decided on December 31, 1955, was every bit as important as the first Brown case, which was decided on May 17, 1954.

While the first case contains the powerful language that we all know, declaring that separate but equal educational facilities were inherently unequal and no longer had a place in American society, in the Brown II decision the Court called for school desegregation to proceed, and I quote, "with all deliberate speed." Mr. Speaker, deliberate means slow, and, unfortunately, while we surely are making progress, the last 50 years of history demonstrates that our progress toward a color-blind, racially equal society has been slow indeed.

Mr. Speaker, let me briefly quote Professor Ogletree's powerful words. He said, and I quote, "Brown v. Board of Education was important because it ended legal segregation. However, the Court's decision, though unanimous, contained a critical compromise which undermined the broad purposes of the campaign to end racial segregation immediately and comprehensively."