11 Trial Lawyer • Spring 2024 By Lisa T. Hunt Diversity, equity and inclusion. The individual words are not new. Their existence together as a phrase representing a societal and political aspiration, a corporate concern in human resources departments and job training, or a course or degree offering in higher education, is related to 2020s BLM, MeToo and Stop Asian Hate movements, among others.1 Historically, however, their origins and concerns for social justice and equality are most closely attributed to the early 60s and 70s civil rights movement.2 Federal civil rights In 1963, various civil rights and labor organizations participated in the March on Washington for Jobs and Freedom to “spotlight economic inequalities and press for a new federal jobs program and a higher minimum wage,” and to ensure “passage of the Civil Rights Act, full integration of public schools, and enactment of a bill prohibiting job discrimination.”3 Its chief organizer was a gay African-American man, Bayard Rustin,4 who, in a short time, drew the participation of over 250,000 people to gather at the Lincoln Memorial on August 28, 1963 where they were inspired by the words of Dr. Martin Luther King and the voice of Mahalia Jackson, among others.5 The march concluded with a personal pledge to “join and support all actions undertaken in good faith in accord with the time-honored democratic tradition of non-violent protest, of peaceful assembly and petition, and of redress through the courts and the legislative process * * * [for] the achievement of social peace through social justice.”6 The following year, Congress passed the Civil Rights Act, Public Law 88-352, prohibiting discrimination on the basis of race, color, religion, sex or national origin in employment as well as public accommodations and federally funded programs.7 It further sought to strengthen and enforce voting rights and the desegregation of schools.8 The Voting Rights Act passed in 1965, prohibiting discrimination in voting on the basis of race, color or language minority status. The Fair Housing Act passed in 1968, prohibiting discrimination in housing on the basis of race, color, religion, sex or national origin. Title IX was codified in 1972 to prohibit discrimination on the basis of sex in education. And in 1973, the Supreme Court decided Roe v. Wade, acknowledging the rights of women to have access to safe and legal abortions. In contrast, the 1923 Equal Rights Amendment languished in every session of (a male-dominated) Congress until March 1972 when it passed both chambers and was sent to the states for ratification by the requisite three fourths (38) of the (50) states.9 It set forth a seemingly simple requirement: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.10 The ERA sought primarily to prohibit discrimination by ensuring that gender would be a suspect classification requiring a “strict scrutiny” standard of review.11 Only 35 of the requisite 38 states voted for ratification in the early 70s; the final three votes were issued by Nevada in 2017, Illinois in 2018, and Virginia in 2020.12 Enactment into law continues to face legal challenges.13 Some argue that the requisite majority was untimely reached, some states now wish to rescind their earlier ratification vote, and some argue for an alternative ratification and codification process.14 Lisa T. Hunt OREGON’S Long and Winding Road See Winding Road p 12
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