Advancement Project

January 26, 2010

A Federal Court Victory for Racial Justice

A few weeks have passed since a federal appeals court decided that a state law that disenfranchised inmates in Washington was racially discriminatory and prohibited by the Voting Rights Act.

This major court decision is far too significant to allow it to go unnoticed on the Just Democracy Blog. Hopefully, this post can prompt some meaningful discussion. On Jan. 5, what the U.S. Court of Appeals for the 9th Circuit said about racial discrimination was simple but profound: “Plaintiffs have demonstrated that the discriminatory impact of Washington’s felon disenfranchisement is attributable to racial discrimination in Washington’s criminal justice system. Thus, that Washington’s felon disenfranchisement law violates Section 2 of the Voting Rights Act. ”

The appeals court found plaintiffs presented credible evidence that the state of Washington in Farrakhan v. Gregoire engaged in racial discrimination against People of Color in two ways: First, the state systematically used police stops, arrests, prosecutions and imprisonment of African-Americans in a discriminatory fashion and at significantly higher rates than the states did with regard to its white residents. Secondly, by depriving those incarcerated on felonies of their voting rights, the state inherently engaged in another from of discrimination by infringing on the voting rights of people of color. This decision shows the federal appeals court found substantial evidence of a two-pronged discrimination: one form of bias through the criminal justice system and a second form resulting in political disempowerment for people of color.

It is rare for the federal courts to find that a state was actively and systemically engaging in bias as part of its normal way of doing business. (By the way, the state did not contest the evidence of bias.)
This case reportedly marks the first time a federal appeals court has linked a prohibition against voting by those incarcerated on felony charges to Jim Crow practices outlawed by the Voting Rights Act, such as poll taxes and literacy tests.

Studies for decades have shown that People of Color–particularly African-Americans, Latinos and Native-Americans–are subjected to far harsher treatment by police, prosecutors and judges. People of Color are more likely to be stopped, more likely to be arrested, more likely to be tried and convicted and more likely to serve time, irrespective of the offense or circumstances.

It’s obvious that such practices make a mockery of the idea that we live in a country of relative freedom and equality. In fact, our constitutional rights to equal protection under the laws are violated constantly by those who are required to uphold those rights. The injustices happen so often that our constitutional rights vary based on the color of one’s skin.

This time, the evidence didn’t come simply from policy experts, academics, or activists, pointing out the need for change. The federal judges affirmed the evidence of racial bias and took action to block the discriminatory disenfranchisement law.

The differences could not be explained away by the idea that African Americans have higher levels of criminal involvement-or that their crimes were more serious, the decision stated. When crimes are comparable for a Black defendant and a White defendant, the outcomes are simply worse for Black defendants.

Although the Black-to-White arrest ratio for violent offenses in Washington was 3.72:1, African Americans are nine times more likely to be in prison than Whites, the decision noted.
The discrimination begins with the initial point of contact with police. People of Color are simply more likely to get stopped, and, after that, more likely to face discrimination at every step of the process from arrest to bail hearings, trials to conviction and sentencing.

A study of the Vancouver Washington Police Department, discussed in the decision, found that African Americans are nearly twice as likely to be searched as Whites and Latinos are three times as likely to be searched. Interestingly, “searches of Whites more frequently resulted in seizure of contraband than searches of African Americans or Latinos,” the decision stated. So, People of Color, who are less likely to have illegal drugs or weapons, are more likely to be frisked and searched, which makes no sense from a law enforcement perspective. But racism is not necessarily about making sense.

This discrimination by the state obviously has had a devastating effect on People of Color: 25 percent of Black men are disenfranchised.

Washington is not alone in practicing rampant institutional racism. Significant bias in the criminal justice system has been documented all over the United States by groups like the Sentencing Project. Sadly, as long as such practices continue People of Color will be needlessly stopped and frisked, jailed and convicted in ways far more damaging to their lives and communities than the lives of White Americans. Entire communities are disempowered politically and economically by this discrimination in the criminal justice system.

This blog was written by staff at Advancement Project, a national organization that advocates for racial justice.