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1964 California Proposition 14

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133-669: Mayoral elections: Mayoral elections: Mayoral elections: Mayoral elections: Mayoral elections: Mayoral elections: State of Idaho State of Washington California Proposition 14 was a November 1964 initiative ballot measure that amended the California state constitution to nullify the 1963 Rumford Fair Housing Act , thereby allowing property sellers, landlords and their agents to openly discriminate on ethnic grounds when selling or letting accommodations, as they had been permitted to before 1963. The proposition became law after receiving support from 65% of voters. In 1966,

266-537: A preferendum when the choices given allow the voters to weight their support for a policy. In Switzerland , for example, multiple choice referendums are common. Two multiple choice referendums were held in Sweden , in 1957 and in 1980, in which voters were offered three options. In 1977, a referendum held in Australia to determine a new national anthem was held, in which voters had four choices. In 1992, New Zealand held

399-523: A modern state in 1848 . Italy ranks second with 78 national referendums : 72 popular referendums (51 of which were proposed by the Radical Party ), 4 constitutional referendums, one institutional referendum and one advisory referendum . A referendum usually offers the electorate a straight choice between accepting or rejecting a proposal. However some referendums give voters multiple choices, and some use transferable voting. This has also been called

532-432: A 'referendum' is often said to be a vote to change the federal constitution and 'plebiscite' a vote which does not affect the federal constitution. However, this is erroneous as not all federal referendums have been on constitutional matters (such as the 1916 Australian conscription referendum ), and state votes that likewise do not affect either the federal or state constitution are frequently said to be referendums (such as

665-733: A Black student from attending its public elementary schools and instead established a separate segregated school when it was sued. Portland's public schools were integrated in 1872. Congress passed the Reconstruction Acts of 1867, ratified the Fifteenth Amendment to the United States Constitution in 1870, granting African Americans the right to vote, and it also enacted the Civil Rights Act of 1875 forbidding racial segregation in accommodations. Federal occupation in

798-625: A Democrat from North Carolina, accused him of trying to break down segregation laws, Ickes wrote him to deny that: The New Deal, nonetheless, also provided federal benefits to Black Americans. This led many to become part of the New Deal coalition from their base in Northern and Western cities where they could now vote, having in large numbers left the South during the Great Migration . Influenced in part by

931-523: A Latin gerund, referendum has no plural). The Latin plural gerundive 'referenda', meaning 'things to be referred', necessarily connotes a plurality of issues. It is closely related to agenda , "those matters which must be driven forward", from ago , to impel or drive forwards; and memorandum , "that matter which must be remembered", from memoro , to call to mind, corrigenda , from rego , to rule, make straight, those things which must be made straight (corrected), etc. The term 'plebiscite' has

1064-495: A Latin word and attempting to apply to it the rules of Latin grammar) is unsupportable according to the rules of both Latin and English grammar. The use of "referenda" as a plural form is posited hypothetically as either a gerund or a gerundive by the Oxford English Dictionary , which rules out such usage in both cases as follows: Referendums is logically preferable as a plural form meaning 'ballots on one issue' (as

1197-404: A backlash among white Republicans led to the rise of the lily-white movement to remove African Americans from leadership positions in the party and to incite riots to divide the party, with the ultimate goal of eliminating black influence. By 1910, segregation was firmly established across the South and most of the border region, and only a small number of black leaders were allowed to vote across

1330-784: A campaign town hall meeting in Los Angeles: "The people have the right to discriminate if they want to." The president of the California Real Estate Association had recently claimed that realtors were against anything smacking of prejudice against minorities. In endorsing Proposition 14, the Los Angeles Times stated: "One of man’s most ancient rights in a free society is the privilege of using and disposing of his private property in whatever manner he deems appropriate." The editorial further stated: "But we do feel, and strongly, that housing equality cannot safely be achieved at

1463-439: A car whose occupants they believed had shot into their homes and mistakenly killed two policemen riding in a car. The next day, a full-scaled riot erupted which ended only after nine whites and thirty-nine blacks had been killed and over three hundred buildings were destroyed. Anti-miscegenation laws (also known as miscegenation laws) prohibited whites and non-whites from marrying each other. The first ever anti-miscegenation law

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1596-533: A college for African Americans in New Haven, Connecticut. Black schools were established by some religious groups and philanthropists to educate African Americans. Oberlin Academy was one of the early schools to integrate. Lowell High School also accepted African American students. California passed a law prohibiting "Negroes, Mongolians and Indians" from attending public schools. It took ten or more minorities in

1729-458: A colored person"— or vice versa—each party "shall be guilty of a felony" and face prison terms of five years. In 1965, Virginia trial court Judge Leon Bazile, who heard their original case, defended his decision: Almighty God created the races white , black , yellow , Malay , and red , and placed them on separate continents , and but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated

1862-427: A community to petition for a segregated school or these groups were denied access to public education. The state's superintendent of schools, Andrew Moulder , stated: "The great mass of our citizens will not associate in terms of equality with these inferior races, nor will they consent that their children do so." In Colorado housing and school segregation lasted into the 1960s. In 1867, Portland, Oregon prevented

1995-547: A disadvantage when it came to the job market, which led to a decrease in marriage rates in the black community due to the large number of men that weren't financially secure enough to take care of a family. Hypersegregation was prominent in creating an isolated community for African Americans in the United States. This pattern was consistent in making African American residents unstable financially which spread to other poor living conditions. The pattern of hypersegregation began in

2128-411: A five-option referendum on their electoral system. In 1982, Guam had a referendum that used six options, with an additional blank option for those wishing to (campaign and) vote for their own seventh option. A multiple choice referendum poses the question of how the result is to be determined. They may be set up so that if no single option receives the support of an absolute majority (more than half) of

2261-572: A generally similar meaning in modern usage and comes from the Latin plebiscita , which originally meant a decree of the Concilium Plebis (Plebeian Council), the popular assembly of the Roman Republic . Today, a referendum can also often be referred to as a plebiscite, but in some countries the two terms are used differently to refer to votes with differing types of legal consequences. In Australia,

2394-423: A gerundive is an adjective , not a noun , it cannot be used alone in Latin, and must be contained within a context attached to a noun such as Propositum quod referendum est populo , "A proposal which must be carried back to the people". The addition of the verb sum (3rd person singular, est ) to a gerundive, denotes the idea of necessity or compulsion, that which "must" be done, rather than that which

2527-458: A given neighborhood not to sell to blacks. Whites who broke these agreements could be sued by "damaged" neighbors. In the 1948 case of Shelley v. Kraemer , the U.S. Supreme Court finally ruled that such covenants were unenforceable in a court of law. Residential segregation patterns had already become established in most American cities, and have often persisted up to the present from the impact of white flight and redlining . In most cities,

2660-510: A handful of northern colleges accepted black students. Northern denominations and especially their missionary associations established private schools across the South to provide secondary education. They provided a small amount of collegiate work. Tuition was minimal, so churches financially supported the colleges and also subsidized the pay of some teachers. In 1900, churches—mostly based in the North—operated 247 schools for black people across

2793-547: A means of legally handcuffing public housing that may be greatly needed for low-income renters, including minorities. Despite the court decision in Shelley , segregation in California continued. As an example, an insidious form of segregation known as blockbusting occurred in East Palo Alto . In 1954, a white resident sold his house to a black family. Almost immediately, agents of the California Real Estate Association, including

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2926-527: A minority lives on within its particular city. The higher segregation is within that particular area, the smaller the amount of land a minority group will control. In the 1980s, the rise of hypersegregation was distinctively large in Black neighborhoods. The extreme segregation of African Americans resulted in a different society lived by black and white residents. The isolation of the African American community

3059-409: A motivated minority of voters. Referendums may require a turnout threshold (also called a participation quorum) in order for the referendum to be considered legally valid. In a participation quorum a majority of those voting must approve of the referendum, and a certain percentage of population must have voted in order for the results to be approved. The usage of participation quorums in referendums

3192-409: A referendum are more likely to be driven by transient whims than by careful deliberation, or that they are not sufficiently informed to make decisions on complicated or technical issues. Also, voters might be swayed by propaganda , strong personalities, intimidation, and expensive advertising campaigns. James Madison argued that direct democracy is the " tyranny of the majority ". Some opposition to

3325-473: A referendum. Therefore avoid referendums. Therefore don't raise questions which require them, such as the big versus the little states. Some critics of the referendum attack the use of closed questions. A difficulty called the separability problem can plague a referendum on two or more issues. If one issue is in fact, or in perception, related to another on the ballot, the imposed simultaneous voting of first preference on each issue can result in an outcome which

3458-557: A segregated audience in Jacksonville, Florida . City officials relented following this announcement. A contract for a 1965 Beatles concert at the Cow Palace in Daly City, California , specifies that the band "not be required to perform in front of a segregated audience". Despite all the legal changes that have taken place since the 1940s and especially in the 1960s (see Desegregation ),

3591-524: A separate vote on each of the multiple options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the 'winning' option was chosen by the Single Member Plurality ("first past the post") system. In other words, the winning option was deemed to be that supported by a plurality , rather than an absolute majority, of voters. In

3724-919: A series of race riots. In 1898 white citizens of Wilmington, North Carolina , resenting African Americans' involvement in local government and incensed by an editorial in an African-American newspaper accusing white women of loose sexual behavior, rioted and killed dozens of blacks. In the fury's wake, white supremacists overthrew the city government , expelling black and white officeholders, and instituted restrictions to prevent blacks from voting . In Atlanta in 1906, newspaper accounts alleging attacks by black men on white women provoked an outburst of shooting and killing that left twelve blacks dead and seventy injured. An influx of unskilled black strikebreakers into East St Louis, Illinois , heightened racial tensions in 1917. Rumors that blacks were arming themselves for an attack on whites resulted in numerous attacks by white mobs on black neighborhoods. On July 1, blacks fired back at

3857-554: A similar requirement existed. The federal government required them to be explicitly segregated to be federally backed. The federal government's financial backing also required the use of racially restrictive covenants , that banned white homeowners from reselling their house to any Black buyers, effectively locking Black Americans out of the housing market. The government encouraged white families to move into suburbs by granting them loans, which were refused to Black Americans. Many established African American communities were disrupted by

3990-410: A single space; clustering often leads to one big ghetto and the formation of "hyperghettoization". Centralization measures the tendency of members of a minority group to be located in the middle of an urban area, often computed as a percentage of a minority group living in the middle of a city (as opposed to the outlying areas). Concentration is the dimension that relates to the actual amount of land

4123-454: Is "fit for" doing. Its use as a noun in English is not considered a strictly grammatical usage of a foreign word but is rather a newly coined English noun, which follows English grammatical usage, not Latin grammatical usage. This determines the form of the plural in English, which according to English grammar should be "referendums". The use of "referenda" as a plural form in English (treating it as

1964 California Proposition 14 - Misplaced Pages Continue

4256-508: Is a class of referendum required to be voted on if certain conditions are met or for certain government actions to be taken. They do not require any signatures from the public. In areas that use referendums a mandatory referendum is commonly used as a legally required step for ratification for constitutional changes, ratifying international treaties and joining international organizations, and certain types of public spending. Typical types of mandatory referendums include: An optional referendum

4389-408: Is a class of referendums that is put to the vote as a result of a demand. This may come from the executive branch, legislative branch, or a request from the people (often after meeting a signature requirement). Types of optional referendums include: From a political-philosophical perspective, referendums are an expression of direct democracy , but today, most referendums need to be understood within

4522-463: Is argued as the reason why, since World War II , there has been no provision in Germany for the holding of referendums at the federal level. In recent years, referendums have been used strategically by several European governments trying to pursue political and electoral goals. In 1995, John Bruton considered that All governments are unpopular. Given the chance, people would vote against them in

4655-463: Is controversial, as higher requirements have been shown to reduced turnout and voter participation. With high participation quorums, the opposition of a referendum has an interest in abstaining from the vote instead of participating, in order to invalidate the referendum results through low turnout. This is a form of the no-show paradox . All others who are not voting for other reasons, including those with no opinion, are effectively also voting against

4788-648: Is displeasing to most. Several commentators have noted that the use of citizens' initiatives to amend constitutions has so tied the government to a jumble of popular demands as to render the government unworkable. A 2009 article in The Economist argued that this had restricted the ability of the California state government to tax the people and pass the budget, and called for an entirely new Californian constitution. A similar problem also arises when elected governments accumulate excessive debts. That can severely reduce

4921-599: The 12th Academy Awards ceremony at the Ambassador Hotel in Los Angeles she was required to sit at a segregated table at the far wall of the room; the hotel had a no-blacks policy, but allowed McDaniel in as a favor. McDaniel's final wish to be buried in Hollywood Cemetery was denied because the graveyard was restricted to whites only. On September 11, 1964, John Lennon announced The Beatles would not play to

5054-416: The 2009 Western Australian daylight saving referendum ). Historically, they are used by Australians interchangeably and a plebiscite was considered another name for a referendum. In Ireland, 'plebiscite' referred to the vote to adopt its constitution, but a subsequent vote to amend the constitution is called a 'referendum', as is a poll of the electorate on a non-constitutional bill. The name and use of

5187-587: The California Supreme Court in a 5–2 split decision declared Proposition 14 unconstitutional under the equal protection clause of the United States Constitution ( Fourteenth Amendment ). The U.S. Supreme Court affirmed that decision in 1967 in Reitman v. Mulkey . Political science research has tied white support for Proposition 14 to racial threat theory, which holds that an increase in

5320-586: The Civil Rights Act of 1875 , but it was overturned by the U.S. Supreme Court in 1883 in the Civil Rights Cases . The U.S. Supreme Court upheld the constitutionality of segregation in Plessy v. Ferguson (1896), so long as " separate but equal " facilities were provided, a requirement that was rarely met. The doctrine's applicability to public schools was unanimously overturned in Brown v. Board of Education (1954). In

5453-635: The Constitution of Massachusetts . Emlen Institution was a boarding school for African American and Native American orphans in Ohio and then Pennsylvania. Richard Humphreys bequeathed money to establish the Institute for Colored Youth in Philadelphia. Yale Law School co-founder, judge, and mayor of New Haven David Daggett was a leader in the fight against schools for African Americans and helped block plans for

1964 California Proposition 14 - Misplaced Pages Continue

5586-597: The Deep South . The legitimacy of laws requiring segregation of black people was upheld by the U.S. Supreme Court in the 1896 case of Plessy v. Ferguson , 163 U.S. 537. The Supreme Court sustained the constitutionality of a Louisiana statute that required railroad companies to provide " separate but equal " accommodations for white and black passengers, and prohibited white people and black people from using railroad cars that were not assigned to their race. Plessy thus allowed segregation, which became standard throughout

5719-598: The John Birch Society and the California Republican Assembly. As these and other groups endorsed the proposal it became increasingly popular and the petition to have the proposition added to the ballot garnered over one million signatures. This was more than twice the 480,000 signatures that were required. Other supporters of Proposition 14 included the American Nazi Party and local branches of

5852-580: The Marines had no blacks enlisted in their ranks. There were blacks in the Navy Seabees . Before the war, the army had only five African-American officers. No African American received the Medal of Honor during the war, and they were mostly relegated to non-combat units. Black soldiers were sometimes forced to give up their seats in trains to Nazi prisoners of war. World War II saw the first black military pilots in

5985-557: The Officer Candidate School became the Army's first formal experiment with integration – with all Officer Candidates, regardless of race, living and training together. During World War II , 110,000 people of Japanese descent (whether citizens or not) were placed in internment camps . Hundreds of people of German and Italian descent were also imprisoned (see German American internment and Italian American internment ). While

6118-679: The Republican Party in the South splintered and lost support, leading to the conservatives (calling themselves " Redeemers ") taking control of all the Southern states. 'Jim Crow' segregation began somewhat later, in the 1880s. Disfranchisement of black people began in the 1890s. Although the Republican Party had championed African-American rights during the Civil War and had become a platform for black political influence during Reconstruction,

6251-530: The White Citizens' Councils , a network of white supremacist, segregationist organizations. The National States' Rights Party , a white supremacist political party having the slogan "White Men Unite," also supported Proposition 14. The statewide director of the campaign against Proposition 14 asked the California Real Estate Association to repudiate the White Citizens' Council's support of Proposition 14, but

6384-502: The electorate (rather than their representatives ) on a proposal, law, or political issue. A referendum may be either binding (resulting in the adoption of a new policy ) or advisory (functioning like a large-scale opinion poll ). 'Referendum' is the gerundive form of the Latin verb referre , literally "to carry back" (from the verb ferre , "to bear, bring, carry" plus the inseparable prefix re- , here meaning "back" ). As

6517-419: The federal civil service , according to Brian J. Cook in his work, Democracy And Administration: Woodrow Wilson's Ideas And The Challenges Of Public Management . White and black people were sometimes required to eat separately, go to separate schools, use separate public toilets, park benches, train, buses, and water fountains, etc. In some locales, stores and restaurants refused to serve different races under

6650-582: The southern United States , and represented the institutionalization of the Jim Crow period. Everyone was supposed to receive the same public services (schools, hospitals, prisons, etc.), but with separate facilities for each race. In practice, the services and facilities reserved for African-Americans were almost always of lower quality than those reserved for white people, if they existed at all; for example, most African-American schools received less public funding per student than nearby white schools. Segregation

6783-655: The " Black Cabinet " advisors and the March on Washington Movement , just prior to America's entry into World War II, Roosevelt issued Executive Order 8802 , the first anti-discrimination order at the federal level and established the Fair Employment Practices Committee . Roosevelt's successor, President Harry Truman appointed the President's Committee on Civil Rights , and issued Executive Order 9980 and Executive Order 9981 providing for desegregation throughout

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6916-524: The 'referendum' is thought to have originated in the Swiss canton of Graubünden as early as the 16th century. After a reduction in the number of referendums in the Mid-twentieth century, the referendum as a political tool has been increasing in popularity since the 1970s. This increase has been attributed to dealignment of the public with political parties, as specific policy issues became more important to

7049-495: The 1930s . The US government heavily advertised the suburbs to them and the subsidized mortgages the government provided were typically cheaper than monthly rent. These same mortgages were not provided to Black Americans in public housing , leading to overcrowding, while white public housing sat vacant. As industry began to move out of the inner city, the African-American residents lost the stable jobs that had brought them to

7182-690: The 1930s as a whole was racially segregated; black people and whites rarely worked alongside each other in New Deal programs. The largest relief program by far was the Works Progress Administration (WPA); it operated segregated units, as did its youth affiliate, the National Youth Administration (NYA). Black people were hired by the WPA as supervisors in the North; of 10,000 WPA supervisors in

7315-546: The 1948 court decision in Shelley , an item appeared in the California Real Estate magazine, a publication of the California Real Estate Association (the organization is currently named the California Association of Realtors) advocating an amendment to the United States Constitution that would overturn Shelley and constitutionally guarantee the legal enforcement of racially restrictive covenants throughout

7448-564: The 1977 Australian referendum, the winner was chosen by the system of preferential instant-runoff voting (IRV). Polls in Newfoundland (1949) and Guam (1982), for example, were counted under a form of the two-round system , and an unusual form of TRS was used in the 1992 New Zealand poll. Although California has not held multiple-choice referendums in the Swiss or Swedish sense (in which only one of several counter-propositions can be victorious, and

7581-505: The California Real Estate Association had admitted its concern is not with property rights – it is to destroy human rights." Other opponents of Proposition 14, including the AFL-CIO Los Angeles County Labor Federation, also demanded that the California Real Estate Association fire its Southern California publicity director who had written extensively for the White Citizens' Council magazine, and who stated during

7714-513: The California Real Estate Association opposing the relocation of the evacuated Japanese (during World War II ) in California or anywhere on the West Coast. In 1942, in response to the success of some Negroes in moving out of the Los Angeles ghetto and into traditionally all white neighborhoods, the California Real Estate Association formed its Race Restriction Committee. The purpose of the committee

7847-475: The California Real Estate Association, acting through its president, refused to do so. In response to this refusal, Rev. H. H. Brookins , chairman of the United Civil Rights Committee, said: "It no longer is possible for proponents of Proposition 14 to hide their real intention, which is to legalize segregation in housing. By refusing to repudiate support of a local Mississippi-based racist group,

7980-459: The Constitution." The argument further stated that Proposition 14 "would legalize and incite bigotry. At a time when our nation is moving ahead on civil rights, it proposes to convert California into another Mississippi or Alabama and to create an atmosphere for violence and hate." Following much publicity the proposition gained the endorsement of many large conservative political groups, including

8113-645: The Rumford Act. A member of the State Fair Employment Practice Commission, the agency which enforced the Rumford Fair Housing Act, asserted that some members of the California Real Estate Association were promoting their initiative campaign to repeal the Rumford Fair Housing Act to continue blockbusting. The initiative, numbered Proposition 14 when it was certified for the ballot, was to add an amendment (Cal. Const. art. I, § 26) to

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8246-617: The Rumford Fair Housing Act was signed into law by Governor Pat Brown . The California Real Estate Association had fought the Rumford Fair Housing Act "every step of the way." In the minds of California Real Estate Association leaders, the Rumford Fair Housing Act directly threatened the financial interests of the real estate industry who came to see "the promotion, preservation, and manipulation of racial segregation as central – rather than incidental or residual – components of their profit generating strategies." The California Real Estate Association also advised its member boards that speakers from

8379-619: The South helped allow many black people to vote and elect their own political leaders. The Reconstruction amendments asserted the supremacy of the national state and they also asserted that everyone within it was formally equal under the law. However, it did not prohibit segregation in schools. When the Republicans came to power in the Southern states after 1867, they created the first system of taxpayer-funded public schools. Southern black people wanted public schools for their children, but they did not demand racially integrated schools. Almost all

8512-454: The South, only 11 were black. Historian Anthony Badger argues, "New Deal programs in the South routinely discriminated against black people and perpetuated segregation." In its first few weeks of operation, Civilian Conservation Corps (CCC) camps in the North were integrated. By July 1935, practically all the CCC camps in the United States were segregated, and black people were strictly limited in

8645-611: The South, with a budget of about $ 1 million. They employed 1600 teachers and taught 46,000 students. Prominent schools included Howard University , a private, federally chartered institution based in Washington, D.C.; Fisk University in Nashville, Atlanta University , Hampton Institute in Virginia, and others. By the early 1870s, the North lost interest in further reconstruction efforts, and, when federal troops were withdrawn in 1877,

8778-408: The State Fair Employment Practice Commission, the agency which enforced the Rumford Fair Housing Act, should be prevented from talking to the general real estate membership about the new law. Instead, all questions about the interpretation of the new law would come from the real estate association itself. Following the assassination of President John Kennedy on November 22, 1963, tremendous pressure

8911-781: The Statement of Vote were as follows: Shortly following the successful Proposition 14 election, the president of the National Association of Real Estate Boards declared that private property rights were more basic to human liberty than the civil rights of minority groups. A 2018 study in the American Political Science Review found that white voters in areas which experienced massive African-American population growth between 1940 and 1960 were more likely to vote for Proposition 14. Political scientists have taken this as evidence for " racial threat theory ", which holds that

9044-409: The U.S. These five dimensions are evenness, clustering, exposure, centralization and concentration. Evenness is the difference between the percentage of a minority group in a particular part of a city, compared to the city as a whole. Exposure is the likelihood that a minority and a majority party will come in contact with one another. Clustering is the gathering of different minority groups into

9177-491: The U.S., he responded, "I hope not; I don’t believe in it", before asking a question often aimed at anyone advocating racial integration, "Would you want your daughter to marry a Negro? She won't love someone who isn't her color." In 1958, officers in Virginia entered the home of Richard and Mildred Loving and dragged them out of bed for living together as an interracial couple, on the basis that "any white person intermarry with

9310-497: The U.S., the Tuskegee Airmen , 99th Fighter Squadron, and also saw the segregated 183rd Engineer Combat Battalion participate in the liberation of Jewish survivors at Buchenwald concentration camp . Despite the institutional policy of racially segregated training for enlisted members and in tactical units; Army policy dictated that black and white soldiers train together in officer candidate schools (beginning in 1942). Thus,

9443-698: The United States Armed Forces. A club central to the Harlem Renaissance in the 1920s, the Cotton Club in Harlem, New York City, was a whites-only establishment, with blacks (such as Duke Ellington ) allowed to perform, but to a white audience. The first black Oscar recipient Hattie McDaniel was not permitted to attend the premiere of Gone with the Wind with Atlanta being racially segregated , and at

9576-477: The United States based on racial categorizations . Segregation was the legally or socially enforced separation of African Americans from whites , as well as the separation of other ethnic minorities from majority and mainstream communities. While mainly referring to the physical separation and provision of separate facilities, it can also refer to other manifestations such as prohibitions against interracial marriage (enforced with anti-miscegenation laws ), and

9709-407: The United States remains, to some degree, a segregated society, with housing patterns, school enrollment, church membership, employment opportunities, and even college admissions all reflecting significant de facto segregation. Supporters of affirmative action argue that the persistence of such disparities reflects either racial discrimination or the persistence of its effects. Gates v. Collier

9842-545: The United States, especially in the South, signs were used to indicate where African Americans could legally walk, talk, drink, rest, or eat. With the passing of National Housing Act of 1934 , the United States government began to make low-interest mortgages available to families through the Federal Housing Administration (FHA). Black families were explicitly denied these loans. While technically legally allowed these loans, in practice they were barred. This

9975-451: The United States. In advocating support for a federal constitutional amendment guaranteeing the legal enforcement of racially restrictive covenants, the California Real Estate Association publication stated that "millions of home owners of the Caucasian race have constructed or acquired homes in areas restricted against occupancy by Negroes. The practice of surrounding homes in such areas with

10108-408: The alleged expense of minorities. Examples include the unsuccessful 2018 California Proposition 5 and 2020 California Proposition 19 , which has been criticized for not helping first-time homeowners who are disproportionately minorities and for reinforcing racial inequity within California's tax system. Ballot measure A referendum , plebiscite , or ballot measure is a direct vote by

10241-724: The area. Many were unable to leave the inner city and became increasingly poor. This created the inner-city ghettos that make up the core of hypersegregation. Though the Civil Rights Act of 1968 banned discrimination in housing, housing patterns established earlier saw the perpetuation of hypersegregation. Data from the 2000 census shows that 29 metropolitan areas displayed black-white hypersegregation. Two areas—Los Angeles and New York City—displayed Hispanic-white hypersegregation. No metropolitan area displayed hypersegregation for Asians or for Native Americans. President Woodrow Wilson removed many Blacks from public office. He did not oppose segregation practices by autonomous department heads of

10374-406: The ban on interracial marriage was still enforced in 29 states. While interracial marriage had been legal in California since 1948, in 1957 actor Sammy Davis Jr. faced a backlash for his involvement with white actress Kim Novak . Harry Cohn , the president of Columbia Pictures (with whom Novak was under contract) gave in to his concerns that a racist backlash against the relationship could hurt

10507-616: The black homeowners had difficulty making payments which created a slum in East Palo Alto. The tipping point for the California Real Estate Association to pursue an initiative for a state constitutional amendment in California was the enactment of the Rumford Fair Housing Act in 1963. The Rumford Fair Housing Act was passed by the California Legislature to help end racial discrimination by property owners and landlords who refused to rent or sell their property to "colored" people. It

10640-618: The boarding school to one for only African American girls, but Crandall was jailed for her efforts for violating a Black Law . In 1835, an anti- abolitionist mob attacked and destroyed Noyes Academy , an integrated school in Canaan, New Hampshire founded by abolitionists in New England . In the 1849 case Roberts v. City of Boston , the Massachusetts Supreme Judicial Court ruled that segregated schools were allowed under

10773-520: The campaign for Proposition 14 to "another hate binge which began more than 30 years ago in a Munich beer hall ." In a letter to the editor response to several items published in the Los Angeles Times relating to Proposition 14, Governor Brown wrote: “I submit that it is not the Governor who is inflammatory. It is Proposition 14. And I submit that it is not the opponents of Proposition 14 who encourage

10906-548: The case continued. The U.S. Supreme Court affirmed the California Supreme Court's decision in Reitman v. Mulkey (1967), holding that Proposition 14 was invalid because it violated the equal protection clause. The proposition was repealed by Proposition 7 in the November 1974 election. Reitman established a significant precedent because it held that state assistance or encouragement of private discrimination violated

11039-509: The constitution of California. This amendment would provide, in part, as follows: Neither the State nor any subdivision or agency thereof shall deny, limit or abridge, directly or indirectly, the right of any person, who is willing or desires to sell, lease or rent any part or all of his real property, to decline to sell, lease or rent such property to such person or persons as he, in his absolute discretion, chooses. In California, housing segregation

11172-408: The construction or acquisition of homes of superior quality whether large or small. The experience has been uniform that whenever and wherever Negroes have occupied homes in such areas this has not only depreciated values of the properties which they own, but has depreciated the values of all surrounding properties." In further support of the constitutional amendment, the publication stated: "Moreover,

11305-479: The context of representative democracy . They tend to be used quite selectively, covering issues such as changes in voting systems, where currently elected officials may not have the legitimacy or inclination to implement such changes. Since the end of the 18th century, hundreds of national referendums have been organised in the world; almost 600 national votes have been held in Switzerland since its inauguration as

11438-451: The early 20th century. African-Americans who moved to large cities often moved into the inner city in order to gain industrial jobs. The influx of new African-American residents caused many white residents to move to the new suburbs (federally subsidized for white families only ) in a case of white flight . This was encouraged by the government, as many were white middle-class families who lived in segregated public housing first established in

11571-519: The effective margin for later governments. Both these problems can be moderated by a combination of other measures as Referendums occur occasionally rather than periodically as elections are and they don’t offer the same kind of formal opposition. Because referendums affect for a longer term than legislative deliberation, a turnout and supermajority requirement is necessary to maintain principles of majoritarianism. In republic polities, referendums could be used to bypass legislatures and representatives by

11704-538: The equal protection guarantee of the Fourteenth Amendment. Even following the U.S. Supreme Court decision in Reitman , the California Real Estate Association was looking for ways to continue engaging in housing discrimination by evading the high court decision. Similar to Proposition 14, there have been subsequent efforts by the real estate industry to promote ballot measures in California to generate more profits at

11837-613: The executive body. Zurcher argues that the use of the Nazi referendums was ending turnout requirements to advance intrinsic advantages in an otherwise slower and more demanding manner to constitutional and policy changes. https://ballotpedia.org/List_of_ballot_measures_by_year From 1777 inclusively Racial segregation in the United States Facilities and services such as housing , healthcare , education , employment , and transportation have been systematically separated in

11970-543: The expense of still another basic right." According to the Los Angeles Times , the ability to discriminate against home buyers or renters by race, color, and creed was considered a "basic property right." In a letter-to-the-editor response to the Times ' endorsement of Proposition 14, then- California Attorney General Stanley Mosk stated: "I oppose the segregation initiative. I oppose it because it sugar-coats bigotry with an appeal to generalities we can accept, while ignoring

12103-427: The federal Constitution. Gov. Brown's stance proved controversial; later in 1966, he was defeated in his bid for re-election by Ronald Reagan . However, Reagan opposed both Proposition 14 and the Rumford Act, and stated that Proposition 14 was "not a wise measure." Reagan labeled the Rumford Act as an attempt "to give one segment of our population a right at the expense of the basic rights of all our citizens." However,

12236-553: The federal government and the armed forces. In an often-cited 1988 study, Douglas Massey and Nancy Denton compiled 20 existing segregation measures and reduced them to five dimensions of residential segregation. Dudley L. Poston and Michael Micklin argue that Massey and Denton "brought conceptual clarity to the theory of segregation measurement by identifying five dimensions". African Americans are considered to be racially segregated because of all five dimensions of segregation being applied to them within these inner cities across

12369-421: The following years the court further ruled against racial segregation in several landmark cases including Heart of Atlanta Motel, Inc. v. United States (1964), which helped bring an end to the Jim Crow laws . Segregation was enforced across the U.S. for much of its history. Racial segregation follows two forms, De jure and De facto . De jure segregation mandated the separation of races by law, and

12502-540: The government program of Japanese American internment targeted all the Japanese in America as enemies, most German and Italian Americans were left in peace and were allowed to serve in the U.S. military. Pressure to end racial segregation in the government grew among African Americans and progressives after the end of World War II. On July 26, 1948, President Harry S. Truman signed Executive Order 9981 , ending segregation in

12635-567: The government to break down their resistance. On at least six occasions over nearly 60 years, the Supreme Court held, either explicitly or by necessary implication, that the "separate but equal" rule announced in Plessy was the correct rule of law, although, toward the end of that period, the Court began to focus on whether the separate facilities were in fact equal. The repeal of "separate but equal" laws

12768-485: The historical legacy of de jure segregation. Schools were segregated in the U.S. and educational opportunities for Black people were restricted. Efforts to establish schools for them were met with violent opposition from the public. The U.S. government established Indian boarding school where Native Americans were sent. The African Free School was established in New York City in the 18th century. Education during

12901-682: The losing proposals are wholly null and void), it does have so many yes-or-no referendums at each election day that conflicts arise. The State's constitution provides a method for resolving conflicts when two or more inconsistent propositions are passed on the same day. This is a de facto form of approval voting —i.e. the proposition with the most "yes" votes prevails over the others to the extent of any conflict. Other voting systems that could be used in multiple-choice referendum are Condorcet method and quadratic voting (including quadratic funding ). Quorums are typically introduced to prevent referendum results from being skewed by low turnout or decided by

13034-602: The new public schools were segregated, apart from a few in New Orleans . After the Republicans lost power in the mid-1870s, Southern Democrats retained the public school systems but sharply cut their funding. Almost all private academies and colleges in the South were strictly segregated by race. The American Missionary Association supported the development and establishment of several historically black colleges including Fisk University and Shaw University . In this period,

13167-544: The only way blacks could relieve the pressure of crowding that resulted from increasing migration was to expand residential borders into surrounding previously white neighborhoods, a process that often resulted in harassment and attacks by white residents whose intolerant attitudes were intensified by fears that black neighbors would cause property values to decline. Moreover, the increased presence of African Americans in cities, North and South, as well as their competition with whites for housing, jobs, and political influence sparked

13300-436: The president of the statewide real estate Association himself, began warning of a "Negro invasion" and even staged burglaries to panic white homeowners to sell at below-market prices. Those properties were then sold to Negroes at higher-than-market prices with real estate interests handsomely profiting from the transactions. These East Palo Alto houses had been priced so much higher than similar properties for white homeowners that

13433-477: The prices of homes in such areas are well within the purchasing power of vast numbers of Negroes. These circumstances greatly aggravate the hazard to which such home owners are exposed. ... Additionally, the insistence of some Negroes upon moving into areas previously restricted exclusively to the occupancy of Caucasians will necessarily create racial tensions and antagonisms and do much harm to our national social structure." The federal constitutional amendment effort

13566-458: The public than party identifiers. The term "referendum" covers a variety of different meanings, and the terminology is different depending on the us that holds them. A referendum can be binding or advisory. In some countries, different names are used for these two types of referendum. Referendums can be further classified by who initiates them. David Altman proposes four dimensions that referendums can be classified by: A mandatory referendum

13699-584: The races shows that he did not intend the races to mix. In World War I , blacks served in the United States Armed Forces in segregated units. The 369th Infantry (formerly 15th New York National Guard) Regiment distinguished themselves, and were known as the " Harlem Hellfighters ". The U.S. military was still very segregated in World War II. The Army Air Corps (forerunner of the Air Force ) and

13832-467: The racial minority population triggers a fearful and discriminatory response by the dominating racial majority. As early as 1927, the California Real Estate Association (the eventual sponsor of Proposition 14) began to advise its membership in ways to keep California communities all white. This was part of a decades-long campaign by real estate interests to undercut the rights of minority groups in regard to housing facilities in California. This also included

13965-601: The racists and bigots in this state, but those who support Proposition 14.” Martin Luther King Jr. visited California on multiple occasions to campaign against Proposition 14, saying its passage would be "one of the most shameful developments in our nation’s history." Proposition 14 appeared on the November 3, 1964, general election ballot in California. The ballot proposition passed with 65.39% support, receiving 4,526,460 votes in support and 2,395,747 votes against. The final election results by county for Proposition 14 from

14098-474: The rapid increase in a minority population triggers fears among the majority race population, leading the majority to impose higher levels of social control on the subordinate race. Soon after Proposition 14 was passed, the federal government cut off all housing funds to California. Many also cited the proposition as one of the causes of the Watts Riots of 1965 . With the federal housing funds cut off and with

14231-522: The referendum has arisen from its use by dictators such as Adolf Hitler and Benito Mussolini who, it is argued, used the plebiscite to disguise oppressive policies as populism . Dictators may also make use of referendums as well as show elections to further legitimize their authority such as António de Oliveira Salazar in 1933 ; Benito Mussolini in 1934 ; Adolf Hitler in 1934 , 1936 ; Francisco Franco in 1947 ; Park Chung Hee in 1972 ; and Ferdinand Marcos in 1973 . Hitler's use of plebiscites

14364-853: The referendum to take place. In one such challenge, in 2017, the Spanish Constitutional Court suspended the Catalonia 's independence referendum . In post-referendum disputes, they challenge the result. British courts dismissed post-referendum challenges of the Brexit referendum. International tribunals have traditionally not interfered with referendum disputes. In 2021, the European Court of Human Rights extended its jurisdiction to referendums in its judgment Toplak and Mrak v. Slovenia , initiated by two disabled voters over polling place access . In Political Governance states that voters in

14497-499: The referendum. In the 2005 Italian fertility laws referendum , opposition to the proposed loosening of laws on research on embryos and on allowing in-vitro fertilization , campaigned for people to abstain from voting to drive down turnout. Although a majority of people voted yes for the changes in the law, the results were invalid because participation was low. Important referendums are frequently challenged in courts. In pre-referendum disputes, plaintiffs have often tried to prevent

14630-526: The right of all home and apartment owners to choose buyers and renters of their property as they wish, without interference by State or local government." The argument further stated that "most owners of such property in California lost this right through the Rumford Act of 1963. It says they may not refuse to sell or rent their property to anyone for reasons of race, color, religion, national origin, or ancestry." The ballot argument against Proposition 14 stated that Proposition 14 "would write hate and bigotry into

14763-476: The routing of interstate highways through their neighborhoods. In order to build these elevated highways, the government destroyed tens of thousands of single-family homes. Because these properties were summarily declared to be "in decline", families were given pittances for their properties, and forced to move into federally-funded housing which was called " the projects ". To build these projects, still more single-family homes were demolished. The New Deal of

14896-627: The same roof. Public segregation was challenged by individual citizens on rare occasions but had minimal impact on civil rights issues, until December 1955, in Montgomery, Alabama, Rosa Parks refused to be moved to the back of a bus for a white passenger. Parks' civil disobedience had the effect of sparking the Montgomery bus boycott . Parks' act of defiance became an important symbol of the modern Civil Rights Movement and Parks became an international icon of resistance to racial segregation. Segregation

15029-408: The security of such restrictions has become a traditional element of value in home ownership throughout this nation." The publication further stated: "The recent decisions of the Supreme Court abovementioned have destroyed the values thus secured. The threat of occupancy by Negroes of property in such areas depreciates the value of all home properties and constitutes a direct deterrent to investment in

15162-460: The separation of roles within an institution. The U.S. Armed Forces were formally segregated until 1948 , as black units were separated from white units but were still typically led by white officers. In the 1857 Dred Scott case ( Dred Scott v. Sandford ), the U.S. Supreme Court found that Black people were not and could never be U.S. citizens and that the U.S. Constitution and civil rights were not applicable to them. Congress passed

15295-463: The slave period in the United States was limited. Richard Humphreys , Samuel Powers Emlen Jr , and Prudence Crandall established schools for African Americans in the decades preceding the Civil War. In 1832, Prudence Crandall admitted an African American girl to her all-white Canterbury Female Boarding School in Canterbury, Connecticut , resulting in public backlash and protests. She converted

15428-412: The specific problem that confronts us." The Proposition 14 campaign was heated and included several controversial comments from Edmund Brown who was the Governor of California at the time. Governor Brown stated that passage of Proposition 14 would put into California's Constitution "a provision for discrimination of which not even Mississippi or Alabama can boast." Previously, Governor Brown had likened

15561-505: The studio. Davis briefly married black dancer Loray White in 1958 to protect himself from mob violence. Inebriated at the wedding ceremony, Davis despairingly said to his best friend, Arthur Silber Jr., "Why won't they let me live my life?" The couple never lived together and commenced divorce proceedings in September 1958. When former president Harry S. Truman was asked by a reporter in 1963 if interracial marriage would become widespread in

15694-642: The supervisory roles they were assigned. Philip Klinkner and Rogers Smith argue that "even the most prominent racial liberals in the New Deal did not dare to criticize Jim Crow." Secretary of the Interior Harold Ickes was one of the Roosevelt Administration 's most prominent supporters of black people and former president of the Chicago chapter of the NAACP . In 1937, when Senator Josiah Bailey ,

15827-541: The support of Governor Pat Brown , the constitutionality of the measure was challenged soon afterward. In 1966, the California Supreme Court did not consider whether Proposition 14 was unconstitutional because it violated the equal protection and due process provisions of the California Constitution ; instead, it held that Proposition 14 violated the equal protection clause of the Fourteenth Amendment to

15960-657: The votes, resort can be made to the two-round system or instant-runoff voting , which is also called IRV and PV. In 2018 the Irish Citizens' Assembly considered the conduct of future referendums in Ireland , with 76 of the members in favour of allowing more than two options, and 52% favouring preferential voting in such cases. Other people regard a non-majoritarian methodology like the Modified Borda Count (MBC) as more inclusive and more accurate. Swiss referendums offer

16093-416: Was a case decided in federal court that brought an end to the trusty system and flagrant inmate abuse at the notorious Mississippi State Penitentiary at Parchman, Mississippi . In 1972 federal judge , William C. Keady found that Parchman Farm violated modern standards of decency. He ordered an immediate end to all unconstitutional conditions and practices. Racial segregation of inmates was abolished. And

16226-440: Was a major focus of the civil rights movement . In Brown v. Board of Education , 347 U.S. 483 (1954), the Supreme Court outlawed segregated public education facilities for black people and white people at the state level. The Civil Rights Act of 1964 superseded all state and local laws requiring segregation. Compliance with the new law came slowly, and it took years with many cases in lower courts to enforce it. In parts of

16359-447: Was also pervasive in housing. State constitutions (for example, that of California ) had clauses giving local jurisdictions the right to regulate where members of certain races could live. In 1917, the Supreme Court in the case of Buchanan v. Warley declared municipal resident segregation ordinances unconstitutional. In response, whites resorted to the restrictive covenant , a formal deed restriction binding white property owners in

16492-574: Was because eligibility for federally backed loans was largely determined by redlining maps created by the Home Owners' Loan Corporation (HOLC). Any neighborhood with "inharmonious racial groups" would either be marked red or yellow, depending on the proportion of Black residents. This was explicitly stated within the FHA underwriting manual that the HOLC used as for its maps. For neighborhood building projects,

16625-444: Was drafted by William Byron Rumford , the first African American from Northern California to serve in the legislature. The Act provided that landlords could not deny people housing because of ethnicity, religion, or national origin (later the law would be extended to apply to sex, marital status, physical handicap, or familial status). Future Governor Ronald Reagan opposed this and other legislative attempts to enact fair housing, but

16758-484: Was evident in living conditions, grocery markets, job applications, etc. As segregation shaped different lifestyles in those that live in the suburbs compare to areas with public housing, the Concentration dimension of segregation played a significant role. Concentration increased poverty in black neighborhoods by providing more expensive and less ideal living situations to African Americans. This rise of poverty created

16891-488: Was not mandated by law in the Northern states, but a de facto system grew for schools, in which nearly all black students attended schools that were nearly all-black. In the South, white schools had only white pupils and teachers, while black schools had only black teachers and black students. President Woodrow Wilson , a Southern Democrat, initiated the segregation of federal workplaces in 1913. Some streetcar companies did not segregate voluntarily. It took 15 years for

17024-563: Was passed by the Maryland General Assembly in 1691, criminalizing interracial marriage. During one of his famous debates with Stephen A. Douglas in Charleston, Illinois in 1858, Abraham Lincoln stated, "I am not, nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people". By the late 1800s, 38 US states had anti-miscegenation statutes. By 1924,

17157-404: Was placed on the California Real Estate Association to call off their initiative campaign to repeal the Rumford Fair Housing Act. The association instead decided to "delay a little while" to "let things simmer down." In 1964, the California Real Estate Association (currently named the California Association of Realtors) sponsored an initiative constitutional amendment to counteract the effects of

17290-403: Was rampant as a result of decades of racially discriminatory housing policies explicitly aimed at keeping people of color confined to urban ghettos and out of the expanding suburbs. Proposition 14 attempted to re-legalize discrimination and associational privacy by landlords and property owners. The ballot argument in favor of Proposition 14 stated that the constitutional amendment "will guarantee

17423-695: Was the form imposed by slave codes before the Civil War and by Black Codes and Jim Crow laws following the war. De jure segregation was outlawed by the Civil Rights Act of 1964 , the Voting Rights Act of 1965 , and the Fair Housing Act of 1968. De facto segregation, or segregation "in fact", is that which exists without sanction of the law. De facto segregation continues today in such closely related areas as residential segregation and school segregation because of both contemporary behavior and

17556-567: Was to establish perpetual race restrictions on parcels of property. In 1948, the United States Supreme Court in Shelley v. Kraemer precluded judicial enforcement of racially restrictive housing covenants . Prior to 1948, the California Real Estate Association routinely promoted and enforced racially restrictive housing covenants to prevent family homes from ending up in the hands of minorities, particularly Negroes . Shortly following

17689-624: Was unsuccessful, but the reasons for pursuing such an amendment provided insight into the underlying reasons for pursuing a future and similar protective state constitutional amendment in California. The California Real Estate Association also supported California Proposition 10 on the November 1950 election ballot (adding Article 34 to the California Constitution and known as the "Public Housing Project Law") which made it significantly more difficult to build low-rent housing projects in California communities. Proposition 10 had been described as

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