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On December 17, 2009, President Obama nominated Sharon Browne, a senior attorney at the Pacific Legal Foundation (“PLF”), to serve on the Legal Services Corporation (“LSC”) Board of Directors. Browne’s decades-long legal efforts to undo our nation’s progress in preserving social justice and equality are at odds with the mission of the Legal Services Corporation.

Browne has long advocated for the narrow application of civil rights laws geared toward creating a more just and equitable society. She made her name through her work on California’s Proposition 209, a ballot initiative that, upon its approval in 1996, prohibited the state from considering past discrimination “of any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

Browne has also alleged that Section 5 of the Voting Rights Act, one of our nation’s most cherished civil rights laws protecting minorities against disenfranchisement, is illegal. Moreover, Browne has demonstrated an ingrained hostility to immigrants’ rights, championing California’s Proposition 227, which banned bilingual education in public schools, and Proposition 187, which prohibited undocumented immigrants from accessing California’s social services, health care, and public education systems.

As of February 2nd, President Obama has nominated 39 judges and had only 15 of them confirmed. At a similar point in his presidency, President Bush had nominated 89 judges and had 30 of them confirmed. President Bush doubled President Obama’s nomination and confirmation rate despite facing a Democratic-controlled Senate for most of the time period. This disparity is stark and must be quickly addressed.

It is an honor to be here, in the city where the NAACP was formed, to mark its centennial. What we celebrate tonight is not simply the journey the NAACP has traveled, but the journey that we, as Americans, have traveled over the past one hundred years.

It is a journey that takes us back to a time before most of us were born, long before the Voting Rights Act, the Civil Rights Act, and Brown v. Board of Education; back to an America just a generation past slavery. It was a time when Jim Crow was a way of life; when lynchings were all too common; and when race riots were shaking cities across a segregated land.

It was in this America where an Atlanta scholar named W.E.B. Du Bois, a man of towering intellect and a fierce passion for justice, sparked what became known as the Niagara movement; where reformers united, not by color but cause; and where an association was born that would, as its charter says, promote equality and eradicate prejudice among citizens of the United States.

From the beginning, Du Bois understood how change would come – just as King and all the civil rights giants did later. They understood that unjust laws needed to be overturned; that legislation needed to be passed; and that Presidents needed to be pressured into action. They knew that the stain of slavery and the sin of segregation had to be lifted in the courtroom and in the legislature.

But they also knew that here, in America, change would have to come from the people. It would come from people protesting lynching, rallying against violence, and walking instead of taking the bus. It would come from men and women – of every age and faith, race and region – taking Greyhounds on Freedom Rides; taking seats at Greensboro lunch counters; and registering voters in rural Mississippi, knowing they would be harassed, knowing they would be beaten, knowing that they might never return.

Because of what they did, we are a more perfect union. Because Jim Crow laws were overturned, black CEOs today run Fortune 500 companies. Because civil rights laws were passed, black mayors, governors, and Members of Congress serve in places where they might once have been unable to vote. And because ordinary people made the civil rights movement their own, I made a trip to Springfield a couple years ago – where Lincoln once lived, and race riots once raged – and began the journey that has led me here tonight as the 44th President of the United States of America.

And yet, even as we celebrate the remarkable achievements of the past one hundred years; even as we inherit extraordinary progress that cannot be denied; even as we marvel at the courage and determination of so many plain folks – we know that too many barriers still remain.

We know that even as our economic crisis batters Americans of all races, African Americans are out of work more than just about anyone else – a gap that’s widening here in New York City, as detailed in a report this week by Comptroller Bill Thompson.

We know that even as spiraling health care costs crush families of all races, African Americans are more likely to suffer from a host of diseases but less likely to own health insurance than just about anyone else.

We know that even as we imprison more people of all races than any nation in the world, an African-American child is roughly five times as likely as a white child to see the inside of a jail.

And we know that even as the scourge of HIV/AIDS devastates nations abroad, particularly in Africa, it is devastating the African-American community here at home with disproportionate force.

These are some of the barriers of our time. They’re very different from the barriers faced by earlier generations. They’re very different from the ones faced when fire hoses and dogs were being turned on young marchers; when Charles Hamilton Houston and a group of young Howard lawyers were dismantling segregation.

But what is required to overcome today’s barriers is the same as was needed then. The same commitment. The same sense of urgency. The same sense of sacrifice. The same willingness to do our part for ourselves and one another that has always defined America at its best.

The question, then, is where do we direct our efforts? What steps do we take to overcome these barriers? How do we move forward in the next one hundred years?

The first thing we need to do is make real the words of your charter and eradicate prejudice, bigotry, and discrimination among citizens of the United States. I understand there may be a temptation among some to think that discrimination is no longer a problem in 2009. And I believe that overall, there’s probably never been less discrimination in America than there is today.

But make no mistake: the pain of discrimination is still felt in America. By African-American women paid less for doing the same work as colleagues of a different color and gender. By Latinos made to feel unwelcome in their own country. By Muslim Americans viewed with suspicion for simply kneeling down to pray. By our gay brothers and sisters, still taunted, still attacked, still denied their rights.

On the 45th anniversary of the Civil Rights Act, discrimination must not stand. Not on account of color or gender; how you worship or who you love. Prejudice has no place in the United States of America.

But we also know that prejudice and discrimination are not even the steepest barriers to opportunity today. The most difficult barriers include structural inequalities that our nation’s legacy of discrimination has left behind; inequalities still plaguing too many communities and too often the object of national neglect.

These are barriers we are beginning to tear down by rewarding work with an expanded tax credit; making housing more affordable; and giving ex-offenders a second chance. These are barriers that we are targeting through our White House Office on Urban Affairs, and through Promise Neighborhoods that build on Geoffrey Canada’s success with the Harlem Children’s Zone; and that foster a comprehensive approach to ending poverty by putting all children on a pathway to college, and giving them the schooling and support to get there.

But our task of reducing these structural inequalities has been made more difficult by the state, and structure, of the broader economy; an economy fueled by a cycle of boom and bust; an economy built not on a rock, but sand. That is why my administration is working so hard not only to create and save jobs in the short-term, not only to extend unemployment insurance and help for people who have lost their health care, not only to stem this immediate economic crisis, but to lay a new foundation for growth and prosperity that will put opportunity within reach not just for African Americans, but for all Americans.

One pillar of this new foundation is health insurance reform that cuts costs, makes quality health coverage affordable for all, and closes health care disparities in the process. Another pillar is energy reform that makes clean energy profitable, freeing America from the grip of foreign oil, putting people to work upgrading low-income homes, and creating jobs that cannot be outsourced. And another pillar is financial reform with consumer protections to crack down on mortgage fraud and stop predatory lenders from targeting our poor communities.

All these things will make America stronger and more competitive. They will drive innovation, create jobs, and provide families more security. Still, even if we do it all, the African-American community will fall behind in the United States and the United States will fall behind in the world unless we do a far better job than we have been doing of educating our sons and daughters. In the 21st century – when so many jobs will require a bachelor’s degree or more, when countries that out-educate us today will outcompete us tomorrow – a world-class education is a prerequisite for success.

You know what I’m talking about. There’s a reason the story of the civil rights movement was written in our schools. There’s a reason Thurgood Marshall took up the cause of Linda Brown. There’s a reason the Little Rock Nine defied a governor and a mob. It’s because there is no stronger weapon against inequality and no better path to opportunity than an education that can unlock a child’s God-given potential.

Yet, more than a half century after Brown v. Board of Education, the dream of a world-class education is still being deferred all across this country. African-American students are lagging behind white classmates in reading and math – an achievement gap that is growing in states that once led the way on civil rights. Over half of all African-American students are dropping out of school in some places. There are overcrowded classrooms, crumbling schools, and corridors of shame in America filled with poor children – black, brown, and white alike.

The state of our schools is not an African-American problem; it’s an American problem. And if Al Sharpton, Mike Bloomberg, and Newt Gingrich can agree that we need to solve it, then all of us can agree on that. All of us can agree that we need to offer every child in this country the best education the world has to offer from the cradle through a career.

That is our responsibility as the United States of America. And we, all of us in government, are working to do our part by not only offering more resources, but demanding more reform.

When it comes to higher education, we are making college and advanced training more affordable, and strengthening community colleges that are a gateway to so many with an initiative that will prepare students not only to earn a degree but find a job when they graduate; an initiative that will help us meet the goal I have set of leading the world in college degrees by 2020.

We are creating a Race to the Top Fund that will reward states and public school districts that adopt 21st century standards and assessments. And we are creating incentives for states to promote excellent teachers and replace bad ones – because the job of a teacher is too important for us to accept anything but the best.

We should also explore innovative approaches being pursued here in New York City; innovations like Bard High School Early College and Medgar Evers College Preparatory School that are challenging students to complete high school and earn a free associate’s degree or college credit in just four years.

And we should raise the bar when it comes to early learning programs. Today, some early learning programs are excellent. Some are mediocre. And some are wasting what studies show are – by far – a child’s most formative years.

That’s why I have issued a challenge to America’s governors: if you match the success of states like Pennsylvania and develop an effective model for early learning; if you focus reform on standards and results in early learning programs; if you demonstrate how you will prepare the lowest income children to meet the highest standards of success – you can compete for an Early Learning Challenge Grant that will help prepare all our children to enter kindergarten ready to learn.

So, these are some of the laws we are passing. These are some of the policies we are enacting. These are some of the ways we are doing our part in government to overcome the inequities, injustices, and barriers that exist in our country.

But all these innovative programs and expanded opportunities will not, in and of themselves, make a difference if each of us, as parents and as community leaders, fail to do our part by encouraging excellence in our children. Government programs alone won’t get our children to the Promised Land. We need a new mindset, a new set of attitudes – because one of the most durable and destructive legacies of discrimination is the way that we have internalized a sense of limitation; how so many in our community have come to expect so little of ourselves.

We have to say to our children, Yes, if you’re African American, the odds of growing up amid crime and gangs are higher. Yes, if you live in a poor neighborhood, you will face challenges that someone in a wealthy suburb does not. But that’s not a reason to get bad grades, that’s not a reason to cut class, that’s not a reason to give up on your education and drop out of school. No one has written your destiny for you. Your destiny is in your hands – and don’t you forget that.

To parents, we can’t tell our kids to do well in school and fail to support them when they get home. For our kids to excel, we must accept our own responsibilities. That means putting away the Xbox and putting our kids to bed at a reasonable hour. It means attending those parent-teacher conferences, reading to our kids, and helping them with their homework.

And it means we need to be there for our neighbor’s son or daughter, and return to the day when we parents let each other know if we saw a child acting up. That’s the meaning of community. That’s how we can reclaim the strength, the determination, the hopefulness that helped us come as far as we already have.

It also means pushing our kids to set their sights higher. They might think they’ve got a pretty good jump shot or a pretty good flow, but our kids can’t all aspire to be the next LeBron or Lil Wayne. I want them aspiring to be scientists and engineers, doctors and teachers, not just ballers and rappers. I want them aspiring to be a Supreme Court Justice. I want them aspiring to be President of the United States.

So, yes, government must be a force for opportunity. Yes, government must be a force for equality. But ultimately, if we are to be true to our past, then we also have to seize our own destiny, each and every day.

That is what the NAACP is all about. The NAACP was not founded in search of a handout. The NAACP was not founded in search of favors. The NAACP was founded on a firm notion of justice; to cash the promissory note of America that says all our children, all God’s children, deserve a fair chance in the race of life.

It is a simple dream, and yet one that has been denied – one still being denied – to so many Americans. It’s a painful thing, seeing that dream denied. I remember visiting a Chicago school in a rough neighborhood as a community organizer, and thinking how remarkable it was that all of these children seemed so full of hope, despite being born into poverty, despite being delivered into addiction, despite all the obstacles they were already facing.

And I remember the principal of the school telling me that soon all of that would begin to change; that soon, the laughter in their eyes would begin to fade; that soon, something would shut off inside, as it sunk in that their hopes would not come to pass – not because they weren’t smart enough, not because they weren’t talented enough, but because, by accident of birth, they didn’t have a fair chance in life.

So, I know what can happen to a child who doesn’t have that chance. But I also know what can happen to a child who does. I was raised by a single mother. I don’t come from a lot of wealth. I got into my share of trouble as a kid. My life could easily have taken a turn for the worse. But that mother of mine gave me love; she pushed me, and cared about my education; she took no lip and taught me right from wrong. Because of her, I had a chance to make the most of my abilities. I had the chance to make the most of my opportunities. I had the chance to make the most of life.

The same story holds for Michelle. The same story holds for so many of you. And I want all the other Barack Obamas out there, and all the other Michelle Obamas out there, to have that same chance – the chance that my mother gave me; that my education gave me; that the United States of America gave me. That is how our union will be perfected and our economy rebuilt. That is how America will move forward in the next one hundred years.

And we will move forward. This I know – for I know how far we have come. Last week, in Ghana, Michelle and I took Malia and Sasha to Cape Coast Castle, where captives were once imprisoned before being auctioned; where, across an ocean, so much of the African-American experience began. There, reflecting on the dungeon beneath the castle church, I was reminded of all the pain and all the hardships, all the injustices and all the indignities on the voyage from slavery to freedom.

But I was also reminded of something else. I was reminded that no matter how bitter the rod or how stony the road, we have persevered. We have not faltered, nor have we grown weary. As Americans, we have demanded, strived for, and shaped a better destiny.

That is what we are called to do once more. It will not be easy. It will take time. Doubts may rise and hopes recede.

But if John Lewis could brave Billy clubs to cross a bridge, then I know young people today can do their part to lift up our communities.

If Emmet Till’s uncle Mose Wright could summon the courage to testify against the men who killed his nephew, I know we can be better fathers and brothers, mothers and sisters in our own families.

If three civil rights workers in Mississippi – black and white, Christian and Jew, city-born and country-bred – could lay down their lives in freedom’s cause, I know we can come together to face down the challenges of our own time. We can fix our schools, heal our sick, and rescue our youth from violence and despair.

One hundred years from now, on the 200th anniversary of the NAACP, let it be said that this generation did its part; that we too ran the race; that full of the faith that our dark past has taught us, full of the hope that the present has brought us, we faced, in our own lives and all across this nation, the rising sun of a new day begun. Thank you, God bless you, and may God bless the United States of America.

As reported by numerous outlets, including HuffPo, Newscoma and Nashville is Taking, Sherri Goforth, an executive assistant for Tennessee State Rep. Diane Black (R-Gallatin), sent this picture out to other legislative staffers:

Eva talks about the role of unconscious bias in how racism is manifested today and also about her movie, Presidential Race, which examines how far we have come in the forty-six years since Martin Luther King electrified the country with his “I Have A Dream” speech.

Listen to the interview here (go to the 3:11:48 mark):
http://www.bbc.co.uk/iplayer/episode/b00l59b4/Up_All_Night_18_06_2009

EJS’s profound interest in the science of unconscious bias is a key component of our long-range initiative to dismantle the Intent Doctrine. In 1976, just a few years after Justice William Rehnquist joined the bench, Washington v. Davis was decided, placing a nearly insurmountable hurdle in the way of plaintiffs seeking redress for discrimination.

This decision placed a prohibitive burden on victims of discrimination and limited the Equal Protection Clause of the Fourteenth Amendment by restricting its remedial reach to cases in which the plaintiff could prove a decision-maker’s specific “intent” to discriminate.

Racial justice is impossible to achieve when the law fails to reflect the actual experiences of communities who have seen and felt discrimination. Social psychologists, critical sociologists and other social scientists have developed empirical and theoretical research showing that the Intent Doctrine fails to reflect how a large part of discrimination actually occurs.

According to these studies, all of us have unconscious biases that influence how we perceive and make decisions about other people. Individual and institutional discrimination, often guided by these cognitive biases and stereotypes, can occur even in the absence of blatant prejudice. Many of these powerful theories and studies, however, are not being fully utilized on the front lines of political debate or courtrooms by legal advocates.

In order to provide lawyers with the necessary tools to challenge the faulty assumptions of the Intent Doctrine, the Equal Justice Society brings together social scientists, lawyers, pollsters, legal academics and students to develop long-term strategies for introducing a more accurate understanding of discrimination into the law. Most Americans do not want to be racist and do not think they act in racially biased ways.

Not only does our promoting of the unconscious bias framework support our work to dismantle Intent, but it also allows for a more engaging approach to address racism – i.e., promoting unconscious bias takes a “building awareness” rather than a “blaming” approach.

(San Francisco, CA, June 12, 2009)—We are very surprised and deeply disappointed in the manner in which the Obama administration has defended the so-called Defense of Marriage Act against Smelt v. United States, a lawsuit brought in federal court in California by a married same-sex couple asking the federal government to treat them equally with respect to federal protections and benefits. The administration is using many of the same flawed legal arguments that the Bush administration used. These arguments rightly have been rejected by several state supreme courts as legally unsound and obviously discriminatory.

We disagree with many of the administration’s arguments, for example that DOMA is a valid exercise of Congress’s power, is consistent with Equal Protection or Due Process principles, and does not impinge upon rights that are recognized as fundamental.

We are also extremely disturbed by a new and nonsensical argument the administration has advanced suggesting that the federal government needs to be “neutral” with regard to its treatment of married same-sex couples in order to ensure that federal tax money collected from across the country not be used to assist same-sex couples duly married by their home states.

There is nothing “neutral” about the federal government’s discriminatory denial of fair treatment to married same-sex couples: DOMA wrongly bars the federal government from providing any of the over one thousand federal protections to the many thousands of couples who marry in six states. This notion of “neutrality” ignores the fact that while married same-sex couples pay their full share of income and social security taxes, they are prevented by DOMA from receiving the corresponding same benefits that married heterosexual taxpayers receive.

It is the married same-sex couples, not heterosexuals in other parts of the country, who are financially and personally damaged in significant ways by DOMA. For the Obama administration to suggest otherwise simply departs from both mathematical and legal reality.

When President Obama was courting lesbian, gay, bisexual and transgender voters, he said that he believed that DOMA should be repealed. We ask him to live up to his emphatic campaign promises, to stop making false and damaging legal arguments, and immediately to introduce a bill to repeal DOMA and ensure that every married couple in America has the same access to federal protections.

On Tuesday, May 26, President Barack Obama announced his historic nomination of Judge Sonia Sotomayor to the Supreme Court. On the same morning, the California Supreme Court ruled against marriage equality by upholding Prop. 8. The following day brought news that a preeminent scholar on our nation’s diversity, UC Berkeley professor Ronald Takaki, passed away.

SUPREME COURT NOMINEE JUDGE SONIA SOTOMAYOR

In nominating Judge Sonia Sotomayor to the Supreme Court, President Obama fulfilled a promise to the American people to appoint judges who are well-qualified, grounded in the rule of law and the Constitution, fair-minded and committed to equal justice for all. Judge Sotomayor embodies all these traits.

In the course of a life that began in a housing project in the South Bronx and brought her to the pinnacle of her profession, Judge Sotomayor accumulated more experience on the federal bench than any incoming Supreme Court Justice in the past 100 years, touching nearly every aspect of our legal system.

But Judge Sotomayor’s ethnicity has proven too much of a temptation for the voices of hate and extremism, who instead of looking at her judicial record have launched a vocal rampage that has reached new heights of absurdity, including calling her a “reverse racist” and calling the National Council of La Raza (NCLR) “the Latino KKK without the hoods and nooses.”

Condemn these unacceptable attacks on Latinos and Judge Sotomayor now. Join NLCR and send a message to Chairman Michael Steele of the RNC, House Minority Leader John Boehner, and Senate Minority Leader Mitch McConnell asking them to denounce these statements and restore the nomination process for Judge Sotomayor to a more appropriate and civil discourse.

EJS has also launched a blog and Facebook page in support for Judge Sotomayor. Visit http://ConfirmSotomayor.org and join the Facebook page as a fan. The blog includes a page with information on how you can support Judge Sotomayor.

And if you’re in California, please support our Californians for Fair and Independent Judges coalition so that organizations and individuals here can work together to support Judge Sotomayor’s confirmation. Email Keith Kamisugi at kkamisugi@equaljusticesociety.org for information about joining the coalition.

CALIFORNIA SUPREME COURT RULING ON PROP. 8

The California Supreme Court last Tuesday in a 6-1 vote upheld Prop. 8, the ballot measure discriminating against marriage by same-sex couples.

EJS is relieved the Court protected couples who married before November 5. The presence of thousands of married same-sex couples across California will show that marriage strengthens families and communities and threatens no one.

But by upholding Prop 8, the Court has diminished its legacy as a champion of equality. No minority group should have to defend its right to equality at the ballot. The Court’s decision jeopardizes every minority group in California.

As a racial justice organization, the Equal Justice Society opposes Prop. 8 – not only because it’s the right thing to do, but also because EJS strongly believes in working with others to ensure that the rights of all are expanded, rather than diminished, in our society.

We cannot just pigeonhole Prop. 8 as a ‘gay’ issue. By rolling back the fundamental rights of one group, the Supreme Court’s decision on Prop. 8 casts a threat that now looms over the civil rights of all.

Since the vote on Prop 8, there has been a tidal wave of momentum in favor of full equality. Five states now embrace marriage equality for same-sex couples, and several more are on the brink. We believe that California voters will reverse this injustice at the ballot. California has been a leader in standing up for equality, and it will be again.

Banning same-sex couples from marriage is unfair. Same-sex couples have the same hopes, dreams and concerns for their families as everyone else. They should be allowed the dignity, recognition, and responsibility that come with marriage, just like everyone else.

The fight is not over. Join our friends at the National Center for Lesbian Rights (led by EJS board member Kate Kendall) to receive updates on next steps in this battle for justice.

PROF. RON TAKAKI PASSES AWAY

Ronald Takaki, professor emeritus of ethnic studies at the University of California, Berkeley, and a preeminent scholar of U.S. race relations who taught the University of California’s first black history course, died at his home in Berkeley on Tuesday, May 26, at age 70. He had struggled for years with multiple sclerosis, an autoimmune condition that attacks the central nervous system.

During his more than 40 years at UC Berkeley, Takaki established the nation’s first ethnic studies Ph.D. program as well as UC Berkeley’s American Cultures requirement for graduation, and advised President Clinton in 1997 on his major speech on race.

“Ron Takaki elevated and popularized the study of America’s multiracial past and present like no other scholar, and in doing so had an indelible impact on a generation of students and researchers across the nation and world,” said Don Nakanishi, director of and professor at UCLA’s Asian American Studies Center and a longtime friend of Takaki’s.

Takaki’s 1989 book, “Strangers from a Different Shore: A History of Asian Americans,” was nominated for a Pulitzer Prize.

A descendent of Japanese field workers in Hawai’i, Takaki was acutely attuned to the inequities in Hawai’i's tough and ethnically divided plantation system.

In 1966, he was hired to teach UCLA’s first black history course in the wake of the explosive Watts riots. “I can still remember the smoke rising from Los Angeles and the sound of gunfire – it was a war zone,” he told the San Francisco Chronicle in that same interview.

When a student in the black history class asked him which revolutionary tools he could teach them, Takaki replied: “We’re going to study the history of the U.S. as it relates to African Americans. We’re going to strengthen our critical thinking skills and our writing skills. These can be revolutionary tools if we make them so.”

After five years at UCLA, Takaki returned in 1971 to UC Berkeley as the Department of Ethnic Studies’ first full-time teacher. He became wildly popular, filling auditoriums with hundreds of students hungry for perspectives on the struggles of America’s minority groups, and went on to win the campus’s Distinguished Teaching Award in 1981.

Takaki is survived by his wife, Carol; his three children, Todd of El Cerrito, Calif., Troy of Los Angeles and Dana of Chester, Conn.; and several grandchildren.

Takaki has donated his research and published papers to the Ethnic Studies Library at UC Berkeley. His family asks that, in lieu of flowers, donations be made in Takaki’s name to the Asian Law Caucus in San Francisco. Plans for a campus memorial service are pending.

All of us at the Equal Justice Society mourn Prof. Takaki’s passing and we express our deepest condolences to Ron’s family and friends.

Join a Facebook page launched in tribute to Prof. Takaki.

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