When things were Black & White

When Things Were Black and WhiteMembership restrictions in mens and womens fraternities and sororities in the 20th centuryNGLA February 23rd, 2013Thanks for participating in NGLA!

Why Im not here: To play Gotcha!

To name names or call out organizations or individualsOr to massage the data

That was then. This is now.

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. Surprises for me as I began the research processNot all organizations had a clause

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 inOf those organizations with restrictionsThe language varied. Some language addressed religion as well as race.

When were those adopted? Difficult to determine without extensive research. Reasons for adoption varied.Colleges and UniversitiesDid not play as large a role as thought upon the change process.

WW II veterans played a large roleIn paving the way for equality.

If we can live with them, fight by them, and sometimes hold them when theyre dyingWe should be able to call them

BrotherChronological ReviewThree of four major growth spurts for our organizations:

1830-1859

Leading up to the Civil War

Second growth period1865-1890

Also, 14th Amendment adopted

Many NPC groups foundedsome as womens fraternities, some as fraternities, some as sororities

Third growth periodFrom 1890-1920

Some organizations intentional about being non-sectarian such as Delta Sigma Phi.

NPC (1902) and NIC (1909).

WW IEnormous loss of life1st time on foreign soil. Estimates: 400,000+U.S. soldiers die.Isolationism in the 1920s: America does not join League of Nations2nd Ku Klux Klan 1915-1940

First survey by NIC on the topic1924: 54 members surveyed, 23 acknowledge restrictions

Some evidence that clauses surfaced in first decade of the 20th centuryClyde Johnson.Some groups:Used specific language.

Others made vague references to the Gentlemens AgreementWW II brings major changesOver 14 million men in uniform

The G. I. Bill Follow the money

About 4.4 million veterans will attend college via the G.I. BillColleges and universities expand to meet demand.Federal funding is critical.

Civil rights movement is underway although not yet on the radar.

NPHC?Alpha Phi Alpha leads the way by removing its restrictions in 1945. Other NPHC organizations follow.1946Colleges 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.

Pesky veteransBegin showing up at events.They are not intimidated by older alumni.They are not impressed with traditions.1947Jackie Robinson becomes the first African-American to play major league baseball.

United States Air Force created.1948By 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.President Truman Desegregates armed forces in 1948.Query: Could African-Americans and Japanese Americans serve in combat roles in WW II?The Red Ball ExpressThe Tuskegee Airmen442nd Regimental Combat TeamYet, blacks and Nisei JapaneseReturned from WW II and found segregation and prejudice.1948: 1st of several NIC votesThe number of NIC groups with discriminatory clauses is declining. More difficult to ascertain with womens groups.1950Korean conflict = More veterans, chapter continuity will be affected. The traditional look of fraternities as small groups is fading.

1951National 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.

Dartmouth College becomesOne of several flashpoints in the movement. 1952

Perspective break:A number of mens fraternity chapters voluntarily returned their charters rather than continuing to comply with restrictive language during this period.NIC resolution (1952) for 1953And dont forget the Comity Clause. One interpretationa reaction to chapters jumping ship and looking for another fraternity that will allow African-Americans.1953: SUNY decision & litigationSUNY 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: The panel gives the Heisman to the national organizations.

Perspective breakName the four universities that have produced a U.S. president and a Super Bowl-winning quarterbackanswers later!1954According 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 faithLandmark USSC decisionBrown v. Board of Education 347 U.S. 483

Separate but equal no longer acceptable1955By 1955, ten of 61 NIC member fraternities have membership restrictions.

Only one NPC member has a restrictionreligious.University of ColoradoGives fraternities six years from 1956 to eliminate restrictive language or be suspendedno indication that trustees foresaw this would become another legal battle.

Pattern* argumentsStates 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*Pattern, continuedIf 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 decisionsPattern, continuedThe 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.

Arguments against elimination:Reasons most folks wont challenge.Reasons that would tend to upset some folks.Reasons that are oblique or vague.Fred Turner, Dean of Men atThe 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.Okay! Okay! Well change butCamouflage

Well remove the language1) 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.Civil Rights Act of 1964Federal funding. Show me the money!By 1965Five fraternities remain that have some form of restrictive clause according to an article in Time magazine.

Lawsuit @ UCLA

UCLA requires all chaptersTo sign an anti-discrimination agreement by September 1st, 1964. Two national organizations file suit, which fails as does a request for an injunction.Then, University of ColoradoAlerted 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.Colorado then places their chapter on probationFraternity files suit against the Board of Regents. 285 F Supp 515

Three judge federal panel as in the SUNY case.Court acknowledges Freedom of Association butThere 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

Finally: No Piercing the corporate veil

In other words, this is state actionCourts appear reluctant to second-guess university administration.

Freedom of association is not absolutemeasured in relationship to facts.Response from universities during the 1950s/1960s1) No real issue unless organizations condemn or criticize races/individuals

2) Grandfather: Wont allow new groups that discriminate

3) Change within time frame.Much research remains to be done.Stewart Howe (Kappa Sigma)

If he was alive today, he would bean eBay guy for sure.Thanks!

Questions?Dave WestolDavid.Westol@gmail.com