The United States is a country founded on the principles of democracy and individual rights. The Bill of Rights, the first 10 amendments to the Constitution, outlines the rights of Americans in relation to their government. These rights include freedom of expression, press, and religion, among others. However, in recent years, there has been a struggle between upholding these rights and succumbing to authoritarianism.
This struggle is evident in the divide between courts committed to the rule of law and those committed to the agenda of the conservative legal movement. It is also seen in the battle between policymakers who seek to protect the freedoms and rights of all people and those who seek to give more power to the already powerful at the expense of marginalized communities. As experts, it is our duty to ensure that progressive values are upheld and that individual and civil rights are protected in all communities across the country. While it may seem that there is a clear divide between "red" and "blue" states, this conventional wisdom is outdated.
In reality, there are vibrant progressive communities in even the most conservative states, while threats to multiracial democracy can be found in some of the most progressive areas. This program guide aims to showcase how individuals and communities can fight for laws and legal systems that strengthen our democratic legitimacy, defend the rule of law, and guarantee individual and civil rights for all. The topics covered in this guide are not exhaustive, but they serve as examples of the many ways in which progressive individuals can work towards a more just society. For more information on related topics such as electoral initiatives and movements for truth, healing, and racial transformation, please refer to our previous program guides.
The protection of individual rights has long been a cornerstone of the United States Constitution and federal laws. These protections range from the freedom of expression to the right to be free from discrimination based on race, sex, and national origin. The Supremacy Clause of the U. S.
Constitution ensures that federal laws take precedence over conflicting state laws, providing a safety net for those living in areas where local and state governments may deny their rights. For example, the landmark case of Brown v. Board of Education declared racial segregation in public schools unconstitutional, applying to all communities in the United States. Similarly, the ruling in Obergefell v.
Hodges ensured that same-sex marriage was legal across the country, regardless of state laws prohibiting it. In some cases, federal laws may even offer greater protections than state laws, as seen in Bostock v. Clayton County, where the Court held that Title VII prohibits discrimination based on gender identity or sexuality nationwide. While some states have gone above and beyond federal law to explicitly protect individual rights, others have constitutional prohibitions that restrict these rights.
In these cases, Supreme Court rulings have been crucial in guaranteeing rights for a wide range of individuals who would otherwise have no protection. However, in recent years, the U. Supreme Court has shifted towards a more conservative stance and has been heavily influenced by the conservative legal movement. The Roberts Court has worked to weaken protections for marginalized and vulnerable individuals and communities while favoring the privileged few who use their rights as a weapon against others.
One example of this is seen in cases such as Hobby Lobby and Masterpiece Cakeshop, where companies have used their religious beliefs to discriminate against women and members of the LGBTQ+ community. The Roberts Court has also allowed wealthy individuals and businesses to use their First Amendment rights to pour unlimited amounts of money into elections, silencing the voices of those with less means. The Court has also reinterpreted the Second Amendment in a way that expands gun owners' rights, making it difficult for states to enforce reasonable regulations. This has led to numerous challenges against gun regulations, from limitations on high-capacity magazines to age restrictions for licensing and registering weapons.
As experts, it is our responsibility to continue fighting for individual rights and protecting the principles of democracy. We must reject the notion that there is a clear divide between "red" and "blue" states and work towards a more just and equal society for all.
