politico | In May 1969, a group of African-American parents in Holmes County,
Mississippi, sued the Treasury Department to prevent three new
whites-only K-12 private academies from securing full tax-exempt status,
arguing that their discriminatory policies prevented them from being
considered “charitable” institutions. The schools had been founded in
the mid-1960s in response to the desegregation of public schools set in
motion by the Brown v. Board of Education decision of 1954. In
1969, the first year of desegregation, the number of white students
enrolled in public schools in Holmes County dropped from 771 to 28; the
following year, that number fell to zero.
In Green v. Kennedy (David Kennedy was secretary of the
treasury at the time), decided in January 1970, the plaintiffs won a
preliminary injunction, which denied the “segregation academies”
tax-exempt status until further review. In the meantime, the government
was solidifying its position on such schools. Later that year, President
Richard Nixon ordered the Internal Revenue Service to enact a new
policy denying tax exemptions to all segregated schools in the United
States. Under the provisions of Title VI of the Civil Rights Act, which
forbade racial segregation and discrimination, discriminatory schools
were not—by definition—“charitable” educational organizations, and
therefore they had no claims to tax-exempt status; similarly, donations
to such organizations would no longer qualify as tax-deductible
contributions.
Paul Weyrich, the late religious conservative political activist and co-founder of the Heritage Foundation, saw his opening.
In the decades following World War II, evangelicals, especially
white evangelicals in the North, had drifted toward the Republican
Party—inclined in that direction by general Cold War anxieties,
vestigial suspicions of Catholicism and well-known evangelist Billy
Graham’s very public friendship with Dwight Eisenhower and Richard
Nixon. Despite these predilections, though, evangelicals had largely
stayed out of the political arena, at least in any organized way. If he
could change that, Weyrich reasoned, their large numbers would
constitute a formidable voting bloc—one that he could easily marshal
behind conservative causes.
“The new political philosophy must be defined by us [conservatives]
in moral terms, packaged in non-religious language, and propagated
throughout the country by our new coalition,” Weyrich wrote in the
mid-1970s. “When political power is achieved, the moral majority will
have the opportunity to re-create this great nation.” Weyrich believed
that the political possibilities of such a coalition were unlimited.
“The leadership, moral philosophy, and workable vehicle are at hand just
waiting to be blended and activated,” he wrote. “If the moral majority
acts, results could well exceed our wildest dreams.”
But this hypothetical “moral majority” needed a catalyst—a standard
around which to rally. For nearly two decades, Weyrich, by his own
account, had been trying out different issues, hoping one might pique
evangelical interest: pornography, prayer in schools, the proposed Equal
Rights Amendment to the Constitution, even abortion. “I was trying to
get these people interested in those issues and I utterly failed,”
Weyrich recalled at a conference in 1990.
The Green v. Connally ruling provided a necessary first step: It captured the attention of evangelical leaders , especially
as the IRS began sending questionnaires to church-related “segregation
academies,” including Falwell’s own Lynchburg Christian School,
inquiring about their racial policies. Falwell was furious. “In some
states,” he famously complained, “It’s easier to open a massage parlor
than a Christian school.”
One such school, Bob Jones University—a fundamentalist college in
Greenville, South Carolina—was especially obdurate. The IRS had sent its
first letter to Bob Jones University in November 1970 to ascertain
whether or not it discriminated on the basis of race. The school
responded defiantly: It did not admit African Americans.
Although Bob Jones Jr., the school’s founder, argued that racial
segregation was mandated by the Bible, Falwell and Weyrich quickly
sought to shift the grounds of the debate, framing their opposition in
terms of religious freedom rather than in defense of racial segregation.
For decades, evangelical leaders had boasted that because their
educational institutions accepted no federal money (except for, of
course, not having to pay taxes) the government could not tell them how
to run their shops—whom to hire or not, whom to admit or reject. The
Civil Rights Act, however, changed that calculus.
Bob Jones University did, in fact, try to placate the IRS—in its own
way. Following initial inquiries into the school’s racial policies, Bob
Jones admitted one African-American, a worker in its radio station, as a
part-time student; he dropped out a month later. In 1975, again in an
attempt to forestall IRS action, the school admitted blacks to the
student body, but, out of fears of miscegenation, refused to admit unmarried African-Americans.
The school also stipulated that any students who engaged in interracial
dating, or who were even associated with organizations that advocated
interracial dating, would be expelled.
The IRS was not placated. On January 19, 1976, after years of
warnings—integrate or pay taxes—the agency rescinded the school’s tax
exemption.
For many evangelical leaders, who had been following the issue since Green v. Connally,
Bob Jones University was the final straw. As Elmer L. Rumminger,
longtime administrator at Bob Jones University, told me in an interview,
the IRS actions against his school “alerted the Christian school
community about what could happen with government interference” in the
affairs of evangelical institutions. “That was really the major issue
that got us all involved.”
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