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Slide 2 When Things Were Black and White Membership restrictions in mens and womens fraternities and sororities in the 20 th century Slide 3 NGLA February 23rd, 2013 Thanks for participating in NGLA! Slide 4 Why Im not here: To play Gotcha! Slide 5 To name names or call out organizations or individuals Or to massage the data That was then. This is now. Slide 6 Why I am here: This is part of our history. To highlight the courage of many peopleespecially our undergraduates-- in changing the way that we do things. Slide 7 Surprises for me as I began the research process Not all organizations had a clause Slide 8 Sample (1926): Section 12. Any male belonging to the Caucasian race, duly enrolled and in good standing in an educational institution at which this Fraternity has a functioning chapter shall be eligible for membership in Slide 9 Of those organizations with restrictions The language varied. Some language addressed religion as well as race. When were those adopted? Difficult to determine without extensive research. Reasons for adoption varied. Slide 10 Colleges and Universities Did not play as large a role as thought upon the change process. Slide 11 WW II veterans played a large role In paving the way for equality. Slide 12 If we can live with them, fight by them, and sometimes hold them when theyre dying We should be able to call them Brother Slide 13 Chronological Review Three of four major growth spurts for our organizations: 1830-1859 Leading up to the Civil War Slide 14 Second growth period 1865-1890 Also, 14 th Amendment adopted Many NPC groups foundedsome as womens fraternities, some as fraternities, some as sororities Slide 15 Third growth period From 1890-1920 Some organizations intentional about being non-sectarian such as Delta Sigma Phi. NPC (1902) and NIC (1909). Slide 16 WW I Enormous loss of life1 st time on foreign soil. Estimates: 400,000+ U.S. soldiers die. Isolationism in the 1920s: America does not join League of Nations 2 nd Ku Klux Klan 1915-1940 Slide 17 First survey by NIC on the topic 1924: 54 members surveyed, 23 acknowledge restrictions Some evidence that clauses surfaced in first decade of the 20 th centuryClyde Johnson. Slide 18 Some groups: Used specific language. Others made vague references to the Gentlemens Agreement Slide 19 WW II brings major changes Over 14 million men in uniform The G. I. Bill Follow the money About 4.4 million veterans will attend college via the G.I. Bill Slide 20 Colleges and universities expand to meet demand. Federal funding is critical. Civil rights movement is underway although not yet on the radar. Slide 21 NPHC? Alpha Phi Alpha leads the way by removing its restrictions in 1945. Other NPHC organizations follow. Slide 22 1946 Colleges begin taking a stand on The Clausefor the most part those are in the northeast and small private schools. Growth in mens chapters is exponential. Slide 23 Pesky veterans Begin showing up at events. They are not intimidated by older alumni. They are not impressed with traditions. Slide 24 1947 Jackie Robinson becomes the first African-American to play major league baseball. United States Air Force created. Slide 25 1948 By now NIC groups that have restrictive clauses/language are realizing that this issue aint going away. Friendship by force surfaces in publicationsa less-than-subtle criticism of change. Slide 26 President Truman Desegregates armed forces in 1948. Slide 27 Query: Could African-Americans and Japanese Americans serve in combat roles in WW II? The Red Ball Express The Tuskegee Airmen 442 nd Regimental Combat Team Slide 28 Yet, blacks and Nisei Japanese Returned from WW II and found segregation and prejudice. Slide 29 1948: 1 st of several NIC votes The number of NIC groups with discriminatory clauses is declining. More difficult to ascertain with womens groups. Slide 30 1950 Korean conflict = More veterans, chapter continuity will be affected. The traditional look of fraternities as small groups is fading. Slide 31 1951 National Panhellenic Conference admits seven womens groups into full membershipAlpha Epsilon Phi, Alpha Sigma Alpha, Delta Phi Epsilon, Phi Sigma Sigma, Sigma Delta Tau, Sigma Sigma Sigma and Theta Phi Alpha. Slide 32 Dartmouth College becomes One of several flashpoints in the movement. 1952 Slide 33 Perspective break: A number of mens fraternity chapters voluntarily returned their charters rather than continuing to comply with restrictive language during this period. Slide 34 NIC resolution (1952) for 1953 And dont forget the Comity Clause. One interpretationa reaction to chapters jumping ship and looking for another fraternity that will allow African-Americans. Slide 35 1953: SUNY decision & litigation SUNY Board of Trustees votes to ban any social organization with national affiliation. A group of plaintiffs file suit to declare resolution unconstitutional and enjoin its enforcement. Three judge courtdecision to prohibit national affiliation of chapters is the focal point. Webb v. State University of New York. 125 F Supp 910 Note: U.S. Supreme Court declined to reviewno federal question involved. Outcome: Slide 36 The panel gives the Heisman to the national organizations. Slide 37 Perspective break Name the four universities that have produced a U.S. president and a Super Bowl- winning quarterback answers later! Slide 38 1954 According to Alfred McClung Lee, Sigma Chi and author of Fraternities Without Brotherhood, by 1954 only one NPC group had a restriction and that was religious, as in, You must be of this faith Slide 39 Landmark USSC decision Brown v. Board of Education 347 U.S. 483 Separate but equal no longer acceptable Slide 40 1955 By 1955, ten of 61 NIC member fraternities have membership restrictions. Only one NPC member has a restrictionreligious. Slide 41 University of Colorado Gives fraternities six years from 1956 to eliminate restrictive language or be suspendedno indication that trustees foresaw this would become another legal battle. Slide 42 Pattern* arguments States rights v. federal government Our nation founded upon self-selection Racial discrimination is bad but university- imposed integration is worse. Forced friendship We fought WWII to insure that we had the right to make our own decisions* Slide 43 Pattern, continued If self-selection is affected chapters must choose based upon racefraternity will be destroyed. AgitatorsRed Menacecommunist instigators are using this as a means of compromising us. Birds of a feather Undergraduates are not capable of making these decisions Slide 44 Pattern, continued The trunk of the elephant through the window (If we allow this dictated decision other rights will be compromised or changes made) The monster on the other side of the hill. Slide 45 Arguments against elimination: Reasons most folks wont challenge. Reasons that would tend to upset some folks. Reasons that are oblique or vague. Slide 46 Fred Turner, Dean of Men at The University of Illinois and a past national president of Sigma Alpha Epsilon becomes a voice of moderation in the battle involving separate but equal, inclusion, tradition and alumni v. undergraduates. Slide 47 Okay! Okay! Well change but Camouflage Slide 48 Well remove the language 1) Its in the ritual. 2) We have to approve. 3) As long as hes acceptable in every other chapter/undergraduate member and to all alumni. Slide 49 Civil Rights Act of 1964 Federal funding. Show me the money! Slide 50 By 1965 Five fraternities remain that have some form of restrictive clause according to an article in Time magazine. Slide 51 Lawsuit @ UCLA Slide 52 UCLA requires all chapters To sign an anti-discrimination agreement by September 1 st, 1964. Two national organizations file suit, which fails as does a request for an injunction. Slide 53 Then, University of Colorado Alerted to a situation at Stanfordchapter of that national organization at CUin April of 1964 the Stanford chapter was suspended by its national organization after inviting an African-American undergraduate to join. Slide 54 Colorado then places their chapter on probation Fraternity files suit against the Board of Regents. 285 F Supp 515 Three judge federal panel as in the SUNY case. Slide 55 Court acknowledges Freedom of Association but There are limits on associational rightsnot absolute. Board of Regents had a legitimate outcome in mind with anti-discriminatory decision. State has interest in eliminating racial discrimination. Fraternity not required to admit individuals for membership but to eliminate a provision which compels discrimination on the basis of race, color or creed Slide 56 Finally: No Piercing the corporate veil Slide 57 In other words, this is state action Courts appear reluctant to second- guess university administration. Freedom of association is not absolutemeasured in relationship to facts. Slide 58 Response from universities during the 1950s/1960s 1) No real issue unless organizations condemn or criticize races/individuals 2) Grandfather: Wont allow new groups that discriminate 3) Change within time frame. Slide 59 Much research remains to be done. Stewart Howe (Kappa Sigma) If he was alive today, he would bean eBay guy for sure. Slide 60 Thanks! Slide 61 Questions? Dave Westol David.Westol@gmail.com