Marty Laubach was an unlikely political radical. Born in Indianapolis, Indiana, his working-class Republican parents attended a church with members of the ultraconservative John Birch Society. But several concurrent events placed him at odds with his parent’s conservative values. The 1968 riots at the Democratic National Convention, the possibility of conscription into Vietnam, the 1970 shooting of antiwar demonstrators at Kent State University by National Guardsmen, and his older brother’s antiwar views solidified his youthful rebellion. He began attending antiwar demonstrations and started working on an unauthorized publication at Arsenal Technical High School called After Breakfast. The publication, which had a short duration, ceased in 1971, so Laubach and a group of like-minded peers created a new underground newspaper called the Corn Cob Curtain.[1] The paper’s countercultural tone and opposition to school policies about unauthorized publications on campus led students to file a lawsuit that went all the way up to the U.S. Supreme Court in 1974.[2]
The Corn Cob Curtain controversy launched the conservative city of Indianapolis and high school students into a battle of free speech. Besides old newspaper clippings, there is no public recognition of the conflict. At its peak, the paper printed around 3,000 copies of a single issue, circulated in over 15 public and private Indianapolis high schools and the surrounding suburbs.[3] It received criticism from school administrators, legal officials, concerned residents who submitted letters to the editors, and the city’s two major newspapers, the Indianapolis Star and the Indianapolis News.
Laubach and his peers were not alone in their efforts in challenging high school’s censorship policies. From mid-1960s to the mid-1970s, a minority of Indiana high school students published and distributed underground publications. Laced with creative drawings, designs, and witty language, they bared the names Blackhawk Broadcast, Desiderata, and the purposely-misspelled New Amerikan Mercury. Constituting a minority of contributors, these publications emerged in urban and rural areas and raised poignant questions about local issues, race, education, and free speech rights.[4] Students remained either indifferent, hostile, or supportive. School administrators balked at their existence and contributors risked retaliation from school officials.[5] Indiana State Treasurer, most notably, referred to them as “trash so foul as to be beyond normal belief” and claimed they were “flooding” high school and college campuses throughout the state.[6]
One contributor, Jeff Jacobs, recalled his experience dealing with hostile school officials while trying to distribute the paper. Although he found Arsenal Tech and Crispus Attucks High School campuses welcoming, he faced resistance at Southport and Emmerich Manual High Schools. At Manual High, school officials threatened to call the Marion County sheriff. “These little skirmishes, with our oppressors should not discourage us, but should enlighten us to try that much harder,” he told readers. “One of the greatest reasons for the CCC’s exisstance [sic] is to equalize the student with the administrators.”[7]
Within this atmosphere, the Corn Cob Curtain was born in 1971. Using pre-established social networks, activists met teenagers from other schools throughout the summer, forming a citywide underground newspaper. The witty name originated from two Cold War metaphors—the “Iron Curtain” and the “Bamboo Curtain”—that alluded to geopolitical divisions between communist and non-communist countries in Europe and Asia. Adapting these metaphors, the students argued that their fight for constitutional rights on campus grounds was akin to the ideological battle “between the Free world and the Communist world.” They found themselves “locked behind a kind of ‘curtain’ of Midwestern Provincialism—a curtain of corn cobs.”[8]
The publication covered a multitude of topics. National and local news stories, American history, student affairs, education, music, movies, book reviews, and cartoons all appeared in the pages. Students critiqued their schools, with one contributor writing “All students in the Indianapolis area attending one of the prisons we call high school,” one written claimed. They insisted “high schools are de-humanizing,” and called for the formation of a citywide student union to “raise an effective voice to start the machinery in motions to bring about these changes.”[9] But no such group ever formed.
Generating public support for the newspaper was an arduous task at first. Some students had reportedly claimed the paper “eats shit.” But these complaints had legitimacy. The first two issues were aesthetically unappealing, images were scarce, stories lacked headlines, and the publication was printed on mimeograph paper. The students improved the paper substantially by printing it on newspaper print, incorporating images, and overall, made it look like an actual newspaper. In the third issue, publishers wrote an article titled “On Your Ass” and lambasted students’ lackluster participation and demanded action on their part to improve the paper’s shortcomings. “You, your paper, need to criticize what’s wrong with the Cob, if you don’t like it. You are the only one who can change it,” they exclaimed. If anything, the students wanted their peers to know that the Corn Cob Curtain was a collective effort, not just the responsibility from a small group of volunteers.[10]
The Corn Cob Curtain controversy began after the district Superintendent banned the publication upon the fifth issue’s release. Administrators’ justification for the ban stemmed from a cartoon that appeared on the back page. In a cartoon series called George the Cat, the character George wires up some dynamite in a bathroom while expressing dissatisfaction with the school. Just as he lights the fuse, the principal walks into the restroom, leading George to frantically jump into the toilet. As the principal begins using the restroom the toilet explodes. George survives the explosion with bruises, a broken arm, and human feces on his head. He quips, “I may have gotten rid of the school, but I’m still eatin’ the principals’ shit.” What was intended as a joke infuriated school officials who viewed the entire publication as obscene and wanted it discarded. The district’s attorneys agreed. They cited the cartoon as advocating “violence and the destruction and the school and the murder of the principal.” This gave school officials fodder to justify banning the paper.[11]
Laubach and five friends sought legal assistance from Craig Pinkus of the American Civil Liberties Union of Indiana and Ronald Elberger of the Legal Service Organization (LSO). Both young lawyers, Pinkus and Elberger agreed to represent the students. As a publicly funded organization that represented low-income families in Marion County, the LSO received criticism for representing what the local press dismissed as privilege, middle-class youth. Although this description wasn’t entirely accurate, it never halted the conservative editorial board of the Indianapolis Star from alleging the group was seeking to “destroy the power of Indianapolis school officials to ban a smutty underground paper from high school.”[12]
The federal district court ruled in the students’ favor, as did the U.S. Court of Appeals, citing that school officials had failed to show the detrimental effects the publication had on young people. Emboldened by calls to appeal the case by the Indianapolis Star and Indianapolis News after the district court ruling, the school district appealed the case all the way up to the U.S. Supreme Court in 1974.[13] The oral arguments delivered by the school district’s attorney to Supreme Court justices revealed that school officials viewed the issue as a power struggle.
Attorney Lila Young insisted the district had “a complete inability to have any rules or regulations of what is going to be distrusted in our schools.” She constantly referred to the Corn Cob Curtain as “filth,” and alleged it contained “filthy cartoons” and “gutter language.” She argued that the distribution of such material contributed “to the delinquency of minors.” The students’ lawyer, Craig Pinkus, juxtaposed the publication to other material students read in schools that also continued inappropriate language, such as the New York Times, Wall Street Journal, and Catcher in the Rye. But the justices continuously asked him whether the policy applied to elementary schools, and Pinkus stated his organization drew a line between primary and secondary schools.[14]
Since the students did not file a class-action lawsuit, Supreme Court justices ruled the case moot in February 1975. Additionally, the publication no longer existed, partly because the plaintiffs had graduated from high school. The court remanded the case back to the lower court. Justice William O. Douglass wrote a dissenting opinion about the mootness of the case. He believed clashes would continue between students and administrators and the issue might appear in court again.[15] But his prophesy never came to fruition in Indianapolis. Interestingly, no consensus emerged for what the ruling meant. The ACLU argued that students’ rights to distribute an unauthorized publication on campus had not been overturned while the Indianapolis Star viewed the ruling as a victory for the school district, but acknowledged its inconclusiveness. Nonetheless, by 1975 high school underground newspapers were no longer a topic of contention in Indiana.[16]
The Corn Cob Curtain controversy represented the clash of counterculture and conservative politics in a city impacted by the social upheaval of the 1960s much later than other major urban areas. Tame compared to locations such as the San Francisco Bay area, Chicago, and New York, it took little to be declared a radical by city and school officials in Indianapolis. Indianapolis’s high school students infrequently participated in strikes. Instead, they created a citywide student protest movement through an underground newspaper and built a growing, radical political consciousness in the process.
Notes:
[1] Martin Laubach, interview with author, June 9, 2017, Bloomington, Indiana.
[2] Aaron G. Fountain, Jr., “Building a Student Movement in Naptown: The Corn Cob Curtain Controversy, Free Speech, and 1960s and 1970s High School Activism in Indianapolis,” Indiana Magazine of History 114, no. 3 (September 2018): 202-237.
[3] Oral Arguments, Board of School Commissioners of the City of Indianapolis v. Jacobs, December 11, 1974, accessed Oyez.org.
[4] Diane Divoky, How Old Will You Be in 1984?: Expressions of Student Outrage from the High School Free Press (New York: Avon Books, 1969), ix.
[5] Fountain Jr., “Building a Student Movement in Naptown,” 209.; “W.G.U. Responds to Criticism,” Warren Owl (Warren Central High School), December 10, 1971, Warren Central High School Archives, Indianapolis, Ind.
[6] “Snyder Hails Tax Feat of Legislature,” Indianapolis Star, March 26, 1969.
[7] Jeff Jacobs, Corn Cob Curtain 1, no. 3, December 1971, 4, Box 6, Folder 15, Youth Liberation Press Records.
[8]Corn Cob Curtain1, no. 1, [1971?], copy in author’s possession, used with permission by Deborah Owen.
[9] “Jail Break,” Corn Cob Curtain, 1, no. 5, [1972?], 5, Box 6, Folder 15, Youth Liberation Press Records, SCRC 175, Special Collections Research Center, Temple University Libraries, Philadelphia, Pennsylvania.
[10] “On Your Ass,” Corn Cob Curtain, 1, no. 3, December 1971, Box 6, Folder 15, Youth Liberation Press Records.
[11] Ibid., 223; “Underground Paper ‘Guidelines’ Sought,” Indianapolis Star, September 29, 1972.
[12] Fountain Jr., “Building a Student Movement in Naptown,” 223-224.; “Funds for Radicalism?” Indianapolis Star, October 20, 1972.
[13] Fountain, Jr., “Building a Student Movement in Naptown,” 230-231.
[14] Oral Arguments, Board of School Commissioners of the City of Indianapolis v. Jacobs, December 11, 1974, accessed Oyez.org..
[15]Jacobs v. The Board of School Commissioners, 1975, U.S. Supreme Court. LEXIS 30.
[16] Fountain, Jr., “Building a Student Movement in Naptown,” 232-234.
The San Francisco Chronicle asked Americans “who have a wide experience and many points of contact with 1922” to predict the trials and triumphs Americans would experience 100 years later.* Probing prominent individuals like a pastor, architect, social reformer, author, film producer, educator, and politician, the paper concluded that there are “plenty of ifs and buts, but in general the prospect for a century hence seems rosy.” As a historian at the dawn of 2022, some of the predictions seem amusingly off-base, like author and critic Henry L. Mencken’s certainty that the U.S. “will be a British colony. . . . The American who will be most agreeably discussed by Anglo-American historians in 2022 will be Woodrow Wilson, the first premier of the United American Colonies.” Notorious moving picture producer D.W. Griffith was equally shortsighted when he stated, “I do not foresee the possibility of instantaneous transmission of living action to the screen within 100 years.” (Inventor-turned reluctant Fort Wayne businessman Philo Farnsworth would transmit the first “electronic television image” just a few years later in California).
Some musings proved surprisingly prescient, like those of architect Thomas Hastings, who wondered, “Will civilization relapse, perhaps through the medium of another world war, into semi-barbarism?” The telephone was only just beginning to be used in households—World Wide What?—when Hastings urged readers to consider “the probability of revolutionizing inventions—even the discovery of forces which we know nothing about now.” Famed birth control activist Margaret Sanger—who reportedly called upon Indianapolis reformer Roberta West Nicholson to help found the city’s first Planned Parenthood clinic—was arguably correct in her belief that access to birth control would result in:
happier homes, greater mutual respect between husband and wife, honeymoons lasting two or three years before children arrive, with husband and wife thoroughly equilibrated to one another, because there has been time for mutual understanding and development before parenthood is entered upon.
Among the soothsayers was Mary Garrett Hay, a Charlestown, Indiana native, trailblazing suffragist, and, by 1922, head of New York City’s League of Women Voters. The accuracy of her predictions prompt a look back at her life and career, both of which were far ahead of her time, so to speak. Hay informed the San Francisco Chronicle that in 2022:
The life of even the average woman will be broader and better. Woman’s drudgery in the household will be eliminated, her care of the family will be lessened, as new inventions come in and new methods of work. Women, like men, will do the tasks for which they are best fitted by temperament, gifts and training.
Technological advancements have certainly liberated women from household drudgery. And women have increasingly stepped away from the home and into the public sphere due to a redefinition of the “tasks for which they are best fitted by temperament, gifts and training.” Hay occupied this sphere throughout her life, beginning around 1880, when as a young woman she worked as a drug clerk in Charlestown.[1] Hay later supported herself as a writer, reform speaker, and political consultant in New York City, having eschewed the institution of marriage and accompanying division of labor (Again defying gender norms, she had a long-term relationship with renowned suffragist Carrie Chapman Catt).
Described as a “born executive,” Hay flexed her entrepreneurial skills when in 1908 she formed the Women’s Travel Bureau. Drawing on twenty years of navigating railroad networks across the U.S. for her suffrage campaign, Hay formed a company that appealed to the unique needs of female travelers, such as featuring safe accommodations and advertising women’s events. Hay told the New-York Tribune that since the 1893 Columbian Exposition, women increasingly used rail travel for a brief reprieve from the demands of family life. This was made possible, she said, because “‘women have for the first time in history begun to earn good salaries.'”[2] The Travel Bureau is one of many examples of Hay carving out opportunities in a male-dominated field by pairing her expertise with public demand.
While Hay’s prediction alluded to shifting gender norms, she made clear in the Buffalo Times that the shift must be more immediate, telling the paper, “‘It is the right of every human to have a career in the home and in the field-and the two are not mutually exclusive.'” She stated bluntly, “‘If men are willing to let their wives go out in quest of careers in the field as well as in the home they are reasonable husbands.'” The paper added that Hay “advocates women taking paid positions even after they are married and employing servants to do the housework far more efficiently than they could ever do it themselves.” In 1926, she argued that not only should women be allowed in the workforce, but that some were better suited for it than the home, noting:
I’ve known many women who were very inefficient mothers but excellent business women. They could manage what we call a man’s job and make a conspicuous success of it, and be absolutely beaten by housework or the rearing of their children.[3]
Of course, in order to work in the professional field, jobs needed to be available. Hay worked to create these as a member of the Committee for Extending Business Opportunities to Women, formed around 1915, because “the entrance of women into various fields of work has been effected with so much difficulty.”[4]
In the second half of her prophesy for the San Francisco Chronicle, Hay predicted:
Politically, women will be powerful. They will share with men the real constructive work of government. Many will hold office. If there is not a woman President, the thought of one will shock no one. It will seem natural and proper to elevate women to whatever positions they have the ability to fill. Co-operation will be the magic word in 2022.
Confirming Hay’s point, many Americans in 2016 were shocked not that Hillary Clinton was poised to become the country’s first female president, but that she lost the election in a stunning upset—despite winning the popular vote. The glass ceiling came closer to being shattered when Kamala Harris was elected the first female U.S. Vice President in 2020 and when she briefly became the first woman imbued with presidential power in 2021 when President Joe Biden went under anesthesia for a medical procedure.
In fact, Hay’s own name had been floated as a U.S. presidential candidate in the 1910s. This was, in large part, because of her organizational and political prowess, particularly in recruiting members for the Republican Party.[5] Described as “the big boss of New York,” the G.O.P. appointed Hay to influential positions, soliciting her insight about issues important to women and strategies for mobilizing them to the polls.[6] Friend and fellow Hoosier— and Warren Harding’s presidential campaign manager—Will Hays appointed her chairman of the Republican Women’s National Executive Committee.[7] In this role, she was tasked with organizing “the women in the nation for the Republican Party as she had organized for suffrage. She was sought after at all political gatherings, and was made a delegate to every kind of convention.”[8]
From lobbying for Indiana W.C.T.U. branches to heading a West Coast speaking tour organized by Susan B. Anthony to bringing to the Albany legislature “tenement house suffragists to illustrate how much women need the vote on the lower East Side,” Hay evolved from a social reformer to a political organizer.[9] She envisioned women’s influence extending beyond ratification of the 19th Amendment and viewed the political realm as a source of women’s professional fulfilment.
In her “Politics, A Profession for Women” essay for Catherine Filene’s 1920 Careers for Women, Hay wrote that politics “lacks the stultifying effect attaching to most occupations for women. Politics for women means a life of real vitality and worth.” She noted that “women who were trained by suffrage campaigns” were qualified for “good positions” within political parties. Strengths inherent to women, Hay argued, intersected well with those required of the political sector, such as the “ability to judge and handle people . . . sagacity, resourcefulness, power to discern the true from the false, common sense, imperturbability, [and] wide experience with human nature.” Having earned a reputation as an exceptional orator, Hay delivered a speech in 1926 in which she stated governmental work was tantamount to “housekeeping on a large scale.”[10] Because of these convictions, Hay used her sway within the Republican Party to bring more women into politics, although, the Times-Tribune noted, “she frequently found herself a[t] storm center by her insistence that leaders of the party permit women workers to join in the inner councils.”[11]
While she predicted that “Politically, women will be powerful,” Hay wanted not only “political equality between the sexes,” but “equality in every single thing in life.” This sentiment paralleled U.S. Supreme Court Justice Ruth Bader Ginsburg’s belief that “women belong in all places where decisions are being made.”[12] Hay worked for their systemic inclusion, including in higher education, law enforcement, jury duty, and prison reform.[13]
In this sense, Hay’s approach to equality was unique for the period, as historian William O’Neil argued, “’the postsuffrage feminists failed to see that the woman problem was part of a larger social question involving sex roles in American society and the entire order.’” Furthermore, these reformers “’asked only for legal equality without addressing themselves to the whole range of problems facing women who tried to make a notch for themselves in a man’s world.’”[14] Hay, “one of the best known leaders in the fight for the emancipation of women,” proved the rare exception.[15]
Her 1928 death would exacerbate this void in leadership for women’s equality. But in the nearly 100 years since her passing, her vision has been realized to a meaningful extent, as women increasingly occupy significant roles in the workplace and government. Perhaps she was able to envision the ideals and gender norms that would become fairly commonplace by 2022 because she embodied them herself.
Sources:
This post draws on the research notes for the Mary Garrett Hay historical marker.
* Unless otherwise specified, all material is drawn from the San Francisco Chronicle, January 14, 1923, p. 10, accessed via Newspapers.com.
[1] “Mary G. Hay,” Clark County, Indiana, Census, 1880, accessed Ancestry Library Edition.
[2] Departure of Trains Schedule, National American Woman’s Suffrage Association, New Orleans, March 19th to 25th, 1903, Miller NAWSA Suffrage Scrapbooks, 1897-1911, Scrapbook 3 (1897-1904), Rare Book and Special Collections Division.; “Women Conduct Tourist Bureau,” Brooklyn Daily Eagle, June 21, 1908, 24, accessed Newspapers.com.; “Women Who Travel,” New-York Tribune, August 4, 1908, 5, accessed Newspapers.com.
[3] Cynthia Grey, “Cynthia Says Home and Country Should Be Managed Jointly,” Courier-Post (Camden, NJ), April 19, 1926, 9, accessed Newspapers.com.
[4] “Mary G. Hay,” Clark County, Indiana, Census, 1880, accessed AncestryLibrary.; “Mary G. Hay,” 1910 United States Federal Census, New York, accessed AncestryLibrary.; “Women Form to Open New Fields,” Woman’s Journal and Suffrage News, January 2, 1915, accessed HeinOnline.
[5] Joan Moody, “What Will They Do With It?,” Everybody’s Magazine (November 1919): 113, accessed GoogleBooks.
[6] “Cheers Greet Women as They Enter Politics,” Indianapolis Star, April 3, 1919, 1, 8, accessed Newspapers.com.
[7] “Mary Garrett Hay’s Watchword to Women in Politics Was: ‘Be Nice to the Men’; Fought for Suffrage from Girlhood,” Brooklyn Eagle, September 2, 1928.
[8]Indianapolis Star, April 3, 1919, 1, 8.; Brooklyn Eagle, September 2, 1928.
[9] “Suffrage Leaders Get Together Now,” Star-Gazette
(Almira, NY), March 5, 1910, 2, accessed Newspapers.com.
[10] Cynthia Grey, “Cynthia Says Home and Country Should be Managed Jointly,” Courier-Post (Camden, NJ), April 19, 1926, 9, accessed Newspapers.com.
[11] “Mary Garrett Hay,” The Times Tribune (Scranton, PA), September 1, 1928, accessed Newspaper.com.
[12] “They Will Stand on Their Rights,” Boston Globe, February 27, 1908, 10, accessed Newspapers.com.
[13] “Mainly About People,” Daily News (New York), January 6, 1922, 41, accessed Newspapers.com.; “Women and the Jury System,” The Scranton Republican, February 28, 1922, accessed Newspapers.com.; “Leagued Together for Law Enforcement,” Oakland Tribune, November 29, 1927, 28, accessed Newspapers.com.
[14] Quoted in Winifred D. Wandersee, Women’s Work and Family Values, 1920-1940 (Cambridge: Harvard University Press, 1981), 119-120.
[15]Buffalo Times, July 9, 1922, 52, accessed Newspapers.com.
Black Hoosiers helped shape Indiana by establishing early farming communities, preserving the Union through service in the Civil War, gaining suffrage for women in the 1920s, defending democracy in WWI and WWII, and expanding equality and political power throughout the Civil Rights Era and beyond. But Black Hoosiers also suffered enslavement in Indiana, violent persecution, discrimination in jobs and housing, Jim Crow laws, and lynching.
Many Black Hoosiers and Black Americans continue to feel the stress imposed both by the continued disproportionate violence against people of color as well as the inherited traumas of the past. Already facing entrenched and systemic racism in American culture, people of color have additional burden of social media and news outlets filled with images of violence, sometimes fatal, against Black people. These images only reinforce the brutal American legacy of slavery, lynching, and Jim Crow.[1]
This racial trauma impacts mental health, sleep patterns, appetite, fertility, and susceptibility to disease, among other detriments. According to Safe Black Space, a community organization promoting healing, people of color “are experiencing trauma related to systemic racism and are feeling the impact of our humanity not being valued.” Their statement continues:
Some of us avoid our feelings or numb out. Some of us experience fear that something bad is going to happen to us or to our loved ones. Some of us are struggling with rage and frustration. It can be overwhelming.[2]
But sacred Black spaces have been and continue to be essential to healing from this trauma, feeling safe, breathing deeply, and reclaiming health. The history of overt racism and violence inflicted on Black Hoosiers by their white neighbors makes clear just how important Indiana’s African American churches were to Black Hoosiers in centuries past. Since at least the early 19th century, Black Hoosiers gathered in small churches across the state to worship, celebrate, and socialize – but also to organize opposition to voter suppression and the Klan, to form local NAACP and Urban League branches, and organize protests and rallies that furthered civil rights.
Local history can show us the extraordinary in the ordinary, the bravery of average folks, and the work of a community to make the world just a little better. Allen Temple in Marion, Indiana was not unlike other Black churches in the Midwest or even others in Grant County. And yet, Allen Temple pastors and members pushed their community to desegregate, to increase rights of African Americans, and to stop violence against Black Marion residents. And those feats are no less remarkable for being reflected by other churches. The Civil Rights Movement and the gains it brought Black Americans was not an inevitable wave of progress. This wave was made up of individual droplets of hard work and bravery by small groups of people like those who found a home at Allen Temple African Methodist Episcopal Church.
Allen Temple’s history is rooted in Weaver Settlement. Black pioneers fleeing threats to their freedom in southern slave states founded this nearby Grant County community by the 1840s. Weaver grew over the decades as the pioneers were joined by other free and formerly enslaved families. These hardworking Black settlers established productive farms and the settlement grew to over 3000 acres by 1860. As the self-sustaining community thrived, residents built schools, churches, and stores, and male residents participated in the political process. But farmers could only divide their land between so many children before the plot would no longer be able to sustain a family. One or two children would inherit the farm, while others would have to find work elsewhere. By the 1880s, the descendants of the settler-farmers were looking to Marion for employment opportunities.[3]
As more African Americans moved to Marion, the Rev. G. W. Shelton, who served as pastor of Hill’s Chapel at Weaver Settlement, began organizing a new A.M.E. church in South Marion. Marion residents had already established an A.M.E church on 5th Street in the city’s downtown, but Weaver residents settling on the southside needed both a religious and civic center in that area. Rev. Shelton completed the organization of the as-yet-unnamed church in September 1900. Church and county histories report that the congregation first gathered in a private home. By November 1901, the congregation purchased the church building at Washington and Thirty-Fifth Streets from a Protestant congregation.[4]
Most of the information about Allen Temple’s early history comes from columns in the Indianapolis Recorder reporting on the Black communities of Weaver and Marion. For several years of the church’s early history, the newspaper referred to the church as “the South Marion Mission” or “the 35th Street A. M. E. Church.” From 1901 to 1904, church leadership organized a choir, raised funds for improvements, and established a Sabbath School. Congregants hosted social dinners, Thanksgiving suppers, and lectures by prominent religious leaders.[5]
In 1905, the congregation finished remodeling the building and the church joined the Indiana A.M.E. Conference, officially making it a part of the larger A.M.E. hierarchy and organization. Finally, on July 23, 1905, the church received the name Allen Temple during a “grand rally.” More than 600 African American residents of Marion and surrounding communities attended a corner stone laying celebration. Allen Temple Rev. J. J. Evans, leading regional A.M.E. clergy, the prestigious “colored Masons,” and the Marion mayor were among those who led the ceremonies. Church leaders chose the name Allen Temple to honor Bishop Richard Allen, the founder of the African Methodist Episcopal denomination.[6]
Over the following decades, Allen Temple hosted fundraisers and revivals, often sharing members and pastors with Hill’s Chapel, and worked to pay off its mortgage.[7] Meanwhile, Marion prospered from the gas boom and industrial workers organized and became more political. By the end of WWI, the city boomed. According to historian James Madison, “Lining the Courthouse Square in the 1920s were banks, clothing stores, drug stores, ice cream parlors, cigar stores, and theaters, some spreading a block or so off the square.” Black Marion residents were among the city’s business owners, professionals and civic employees. But they were not welcome everywhere in their own hometown.[8]
Black residents did not have access to a number of Marion businesses and recreational attractions. Segregation was the rule, despite the 1885 Indiana Civil Rights Act that legally gave African Americans the right to patronize these establishments. In addition, bootleggers and gamblers brought increased crime as they flouted Prohibition. The police were reportedly apathetic at best. Most alarmingly, the Ku Klux Klan rose in power as many white Protestant Hoosiers turned their fears of crime, immigration, and increased diversity into an organized force for hate and discrimination.[9] But these forces did not go unchallenged.
When NAACP state president Katherine “Flossie” Bailey organized a Marion branch in 1918, Allen Temple Rev. W. C. Irvin signed on as a founding member.[10] Allen Temple clergy would continue to serve the NAACP at the state and local level throughout the church’s history. In September 1929, Bailey brought African American U.S. Representative Oscar DePriest to Allen Temple. Speaking to a large crowd of Black congregants and residents, DePriest called on the audience to vote and “to stand together.”[11] Again, Allen Temple was not unique as a civil rights organizational center. Black churches across the country served this role. Allen Temple was not even unique in Marion, as several other churches hosted civil rights rallies and speakers as well. But that does not make it less heroic.
In September 1930, a white mob tore three Black teenagers, accused but not convicted of crimes against two white Marion residents, from the Marion jail. The mob then beat, mutilated, and lynched Tom Shipp and Abe Smith. The perpetrators left the young men’s bodies hanging as a message to Black residents that “they were at the mercy of white residents,” according to historian Nicole Poletika. The story of the 1930 Marion lynchings has been thoroughly and sensitively told elsewhere by other scholars, notably by James H. Madison in his 2001 monograph Lynching in the Heartland.[12] But understanding that Marion’s Black community was deeply wounded, shaken, and afraid for their lives is important to understanding the significance of the work that Marion’s Black churches accomplished in the shadow of the lynchings.
In the face of this horror and fear, some local Black leaders still found the courage to speak out and call for action. Rev. Hillard D. Saunders, who had only recently been appointed pastor of Allen Temple, joined Bailey and others in demanding legal justice in the wake of the lynchings. They presented the Indiana governor with a petition calling for the removal of the sheriff who failed to protect Smith and Shipp. [13] While Bailey deserves the credit for ultimately leveraging the heinous crimes into anti-lynching legislation, the united support of the local NAACP leaders, Marion clergy, and the courage of every day Black residents demanded the attention of the Indiana General Assembly and governor. [14]
Allen Temple members and clergy continued to humbly push Marion towards greater inclusion and equality. In 1945, the church hosted John C. Dancy, executive secretary of Detroit Urban league.[15] Dancy had helped desegregate industrial businesses in Michigan, opening skilled positions to African Americans. He likely spoke to Marion residents on peaceful desegregation tactics.[16] By 1947, Allen Temple hosted regular meetings of the Marion Urban League, which was incorporated in 1942 with a much-needed mission of working “to secure equal Opportunities in all sectors of our society for Black and other minorities.”[17] In May 1949, Allen Temple pastor C. T. H. Watkins joined speakers from Marion College and the Indiana Jewish Community Relations Council at an “interracial fellowship dinner.”[18] By November 1949, the Marion Urban League boasted a membership of 350 African Americans, almost 15% of the city’s Black population.[19]
Yet Marion remained segregated. In 1954, the Marion Urban League and the local NAACP successfully worked to desegregate the public pool, a highly visible symbol of inequality in the city. White and Black Marion residents pushed for increased hiring of Black teachers and police officers throughout the 1950s and 60s, making small but regular gains.[20]
In 1961, A.M.E. leadership appointed the “dynamic” Rev. Dr. Ford Gibson to serve as pastor of Allen Temple. An Indianapolis native and former school teacher with a Ph.D. in sociology, Rev. Gibson had recently served as the president of the Indianapolis NAACP. In 1957 and 1958, Rev. Gibson led “the epic struggle for fair employment” at local supermarkets.[21] Unsurprisingly, when he arrived at Allen Temple, Rev. Gibson invested himself in the fight for greater equality in Marion.
In the summer of 1962, Rev. Gibson and Rev. B. A. Foley of Bethel AME led a campaign demanding an “immediate investigation and the removal” of Marion Postmaster Charles R. Kilgour.[22] The pastors charged that Kilgour, as president of the Francis Marion Hotel, which “allegedly refused to accommodate Negroes,” should be removed from his position as postmaster.[23] Foley and Gibson publicly called on U.S. Attorney General Robert Kennedy to act. Rev. Gibson, who had also served as president of the Indiana chapter of the NAACP, addressed a crowd of 300 people at a mass meeting. According to the Indianapolis Recorder, the pastor stated that the Black residents of Marion “will not stop until segregation is dead and buried and never to rise again.”[24]
While Kilgour kept his job, Rev. Gibson continued his calling. Rev. Gibson went on to serve the NAACP as the president of the Indiana Conference of Branches and president of Region 11, which included eight state organizations. He also joined the 1964 March on Washington and worked for the passage of the Civil Rights Act.[25] While Black Americans continued to make progress toward equality, Marion still had a long way to go.
By July 1969, the city was on edge. The Marion NAACP reported “continued police brutality, abuse, harassment and refusal to protect young black people in that city.”[26] White residents blamed local Black youth for a series of firebombings that destroyed a lumber company and country club.[27] The Marion NAACP reported “arrests of black victims of unprovoked assaults by white hoodlums and the holding of young black people in custody and refusal of bonds on illegal grounds.”[28] At the same time, the Marion city council approved the purchase of police dogs, threatening to further escalate violence.[29]
On July 19, the Indianapolis Recorder reported on the national NAACP convention where the organization addressed the escalating violence in Marion. Marion representatives reported that in only one week, seventy-five Black residents had been arrested by Marion police “in a fashion of harassment and intimidation.” Once jailed, authorities were demanding excessive bail bonds of up to $10,000. Most alarmingly, the Marion NAACP leadership, including local branch president Carlyle Gulliford, received death threats.[30]
In response, NAACP president Roy Wilkins called on the state NAACP organizations of Indiana, Illinois, Ohio, Michigan, Wisconsin, Kentucky, and West Virginia to descend on Marion for “a seven-state mass protest rally” on July 20.[31] The NAACP published a list of demands for Marion officials, mainly attacking segregation and job discrimination. They demanded the city hire Black firemen, policemen, and officials and called out specific companies who would not hire African Americans, including the municipal phone and light companies. The NAACP also called for fair housing and mortgage practices and for an end to segregation in recreational facilities.[32]
An estimated 3,000 people marched in the name of these demands, including the congregants of Allen Temple. Long time member Pearl Bassett, who was also active in the Urban League and a leader within the state NAACP, remembered the march. She recalled, “We first had the walk from 26th Street to the courthouse for discrimination and equal opportunities for people and jobs. And it was a wonderful thing.”[33] Bassett told the Indianapolis Recorder, “It was so well organized and we accomplished what we set out to do.”[34] Black activists did change Marion, but it took a long time. The city’s civil rights progress trailed the nation and the state. In his book Lynching in the Heartland, Dr. James Madison presents convincing evidence that this stunting of equality was in large part a result of the lingering fear and trauma imposed on the community by the 1930 lynchings.[35]
But for centuries sacred Black spaces have served to heal some of this trauma. In these spaces, people of color can feel heard and process anxiety, engage in prayer and meditation, and become empowered through activism. Thus, these spaces are essential to creating positive change in all communities. By marking and preserving these spaces, we honor those people of color who sought refuge here throughout history- a moment to regain their strength in the face of oppression in order to continue fighting for civil rights. Each small, historically Black church across our state has a story to tell. The Indiana Historical Bureau and the friends and family of Weaver Settlement look forward to dedicating a new state historical marker in 2022 to tell the story of Allen Temple.
Notes:
[1] “Coping with Racial Trauma,” Department of Psychology, University of Georgia, psychology.uga.edu.
[2] Akilah Cadet, “Black Health Matters: Safe Spaces to Exist and Thrive,” January 29, 2021, Healthline, healthline.com; Safe Black Space, “Historical Perspective,” www.safeblackspace.org.
[3]Indiana Historical Bureau, Weaver Settlement State Historical Marker, in.gov/history.
[4] “Weaver,” Indianapolis Recorder, February 25, 1899, 1, Hoosier State Chronicles; “Marion Flashes,” Indianapolis Recorder, September 15, 1900, 5, Hoosier State Chronicles; “Marion Flashes,” Indianapolis Recorder, July 6, 1901, 5, Hoosier State Chronicles; “Marion Flashes,” Indianapolis Recorder, November 16, 1901, 5, Hoosier State Chronicles; Asenath Peters Artis, “The Negro in Grant County,” 1909, in Centennial History of Grant County, 1812-1912, edited by Ronald L. Whitson (Chicago: Lewis Publishing Co., 1914), 348-57, accessed Archive.org. Church histories produced by Allen Temple report that the congregation first met in the home of local resident Turner Wallace. IHB was unable to confirm the claim with census or newspaper research. Noted local historian Aseneth Peters Artis reported in 1909 that the congregation then purchased the building at Washington and Thirty-Fifth Streets from a Protestant congregation in 1901. This would have to have occurred in the second half of the year as the Indianapolis Recorder reported in July 1901 that the congregation was looking to build a church. By November 1901, the Indianapolis Recorder reported that “the South Marion Mission held services in the Methodist Protestant Church on 35 street.” It still took the congregation some years to pay off the mortgage.
[6]“Marion Flashes,” Indianapolis Recorder, July 8, 1905, 3, Hoosier State Chronicles; “Conference Meets,” Indianapolis Recorder, July 22, 1905, 1, Hoosier State Chronicles; “Pastor of the 35th Street Church,” Marion News-Tribune, July 23, 1905, 7, microfilm, Marion Public Library; “Great Event,” Marion News-Tribune, July 24, 1905, 2, Marion and Grant County File, Marion Public Library.
[8] James H. Madison, A Lynching in the Heartland: Race and Memory in America (New York: Palgrave, 2001), 32.
[9] Madison, 30-42.
[10] Marion Indiana Branch National Association for the Advancement of Colored People, Application for Charter, Date of Organization Meeting: November 28, 1918, NAACP Founding Documents, Library of Congress, copy available in IHB’s Allen Temple marker file.
[11] “Marion Group to Escort DePriest,” Kokomo Tribune, September 7, 1929, 11, Newspapers.com; Madison, 60.
[12] Madison, passim.
[13] “A. M. E. Church Appointments Made Public,” Indianapolis Times, October 1, 1929, 16, Hoosier State Chronicles; “Grant Sherriff’s Ousting Is Asked,” Indianapolis Star, August 21, 1930, 9, Newspapers.com.
[14]Nicole Poletika, “Strange Fruit: The 1930 Marion Lynching and the Woman Who Tried to Prevent It,” Untold Indiana, May 15, 2018, blog.history.in.gov.
[15] Merle L. Thruston, “Marion, Ind.,” Indianapolis Recorder, February 24, 1945, 15, Hoosier State Chronicles.
[16] “John Campbell Dancy,” photograph, n.d., accessed Victoria W. Wolcott, “John Campbell Dancy Jr.,” January 19, 2007, BlackPast.org.
[17] “Urban League, Carver Center Hold Annual Meet at Marion,” Indianapolis Recorder, December 13, 1947, 9, Hoosier State Chronicles; “Marion Urban League Stages Campaign; Seeks 600 Members,” Indianapolis Recorder, May 7, 1949, 9, Hoosier State Chronicles.
[18] “Fellowship Meet Addressed by Local Cleric, at Marion,” Indianapolis Recorder, May 14, 1949, 9, Hoosier State Chronicles.
[19] “Marion Urban League Lauded at Meet: Work of Marion Urban League Wins Praise,” Indianapolis Recorder, November 12, 1949, 9, Hoosier State Chronicles.
[20] Madison, 130-138.
[21] “Hoosier Minister Gets Degree in California,” Indianapolis Recorder, August 25, 1951, 6, Hoosier State Chronicles; “Rev. Ford Gibson Re-Elected NAACP President for Year,” Indianapolis Recorder, December 27, 1958, 1, Hoosier State Chronicles; “Ministerial Appointments Are Made at AME 123rd Meet,” Indianapolis Recorder, November 18, 1961, 9, Hoosier State Chronicles.
[22] “Marion Hotel Owner Under ‘Bias Fire:’ Ind. Postmaster Party to Charge of Jimcrowism,” Indianapolis Recorder, June 30, 1962, 1, Hoosier State Chronicles.
[23] Ibid.
[24] “AME Minister Scores Racial Bias at Marion, Ind,” Indianapolis Recorder, July 7, 1962, 1, Hoosier State Chronicles.
[25] “Dr. Ford Gibson Assumes New AME Church Post,” Indianapolis Recorder, July 6, 1968, 13, Hoosier State Chronicles; “Dr. Ford Gibson to Speak Sun. at Allen Chapel AME,” Indianapolis Recorder, January 11, 1969, 7, Hoosier State Chronicles.
[26] “NAACP Protests Racial Atrocities at Marion,” Indianapolis Recorder, July 5, 1969, 1, Hoosier State Chronicles.
[27] “Riots Engulf Three Hoosier Cities,” Indianapolis Recorder, July 5, 1969, 1, Hoosier State Chronicles.
[28]”NAACP Protests Racial Atrocities at Marion,” 1.
[29] Madison, 140.
[30] “Wilkins to Address Marion Rally,” Indianapolis Recorder, July 19, 1969, 1, Hoosier State Chronicles.
[31] Ibid.
[32] “3000 Turnout for Marion Protest,” Indianapolis Recorder, July 26, 1969, 1, Hoosier State Chronicles.
[33] Pearl Bassett, Oral History Interview, 2009, University of Southern Indiana, University Archives and Special Collections, David L. Rice Library, University of Southern Indiana.
[34] Annette L. Anderson, “NAACP Victorious Then and Now,” Indianapolis Recorder, July 10, 1993, 11.
Legendary choreographer and “unsung gay hero” Charles Allen sat with a tape recorder in his Fort Wayne house, a veritable art museum awaiting curation. Sipping gin and orange juice from an empty peanut butter jar, he began to document his life. Notorious for self-mythologizing—once claiming to have killed a man using “voodoo and black magic”—some of the anecdotes he fed the tape no doubt were embellished.[1] These would prove unnecessary, however, as his legacy speaks for itself. Not only did Allen give “birth to generations of dancers and . . . change the way people looked at the world around him,” but he inspired and empowered LGBTQ+ Hoosiers, perhaps unintentionally. Upon Allen’s 1980 death, Jerry Jokay wrote in TROIS, Fort Wayne’s gay newsletter, that “Although he probably wouldn’t have seen it this way, one of his greatest contributions was that he was a gay hero. And he is a gay hero simply because his gayness was a trivial issue in his life even in spite of the oppression it caused him.”[2] Allen, on the other hand, would probably consider his greatest contributions to be advancing performing arts and instilling a love of storytelling and self-expression in Hoosiers.
Born in 1912, Allen was likely raised by his aunt and uncle in Mongo, Indiana. Depictions of Allen’s childhood are characteristically colorful and include a traipse through Tamarack Swamp with famed author and naturalist Gene Stratton Porter in search of insects and plant specimens.[3] Allen “recalled dyeing his hair pinkish-brown as a child, catching blue racer snakes, putting them around his neck, and startling passersby on highway 20 near his home. A barefoot, innocent, wild-haired child of the swamp.”[4] The spirited child attended school in Kendallville and spent free time in LaGrange, where he learned to play piano at Wigdon Theater. Fully enamored with artistic expression, he devoured performances delivered by a travelling company. The News-Sentinel reported “there was a troupe of four or five men, who did a two-reel silent movie, and set up an impromptu stage with an indian scene. There was singing, and two of the men did female impersonations. When he left the show, his life had changed. . . . He’d fallen in love.”
The production continued to call to him, long after the caravans departed. He left school, took a train to northern Michigan, where the travelling company had migrated, and became its new pianist. As despair deepened during the Great Depression, the public increasingly took solace in travelling shows. These provided Allen with opportunities to try his theatrical hand and hone his skills as a performer. The News-Sentinel noted, “People were doing almost anything for money. He fell in with a freak show,” dubbed the Palace of Wonders, for which he mesmerized crowds as the Human Pin Cushion. During this period, Allen learned how to perform the “half-man, half-woman” act, styling his feminine half after screen siren Marlene Dietrich. When he returned to Fort Wayne, he would perform this routine at local tavern, Henry’s, and played piano at bars like This Old House, Trolly Bar, and the Caboose.[5] Allen insisted that friends stay at his house once the bars closed down for the night, hating solitude.[6]
The eclectic career he had forged for himself was abruptly derailed by the conformist ethos of the 1940s. At a time of global upheaval, Americans held evermore sacrosanct heteronormativity. The News-Sentinel reported that during this “less enlightened age,” a judge sentenced Allen to six years in a Michigan City Prison after “an affair with a soldier led to a charge of sodomy.”[7] Allen recalled in the Fort Wayne Free Press that the judge declared ironically “we’re going to send you where you’ll be happy; locked up with a lot of men!”[8] This prediction proved correct, as he spent time with paramours in a makeshift room fashioned out of old pianos and curtains. On weekends, he played piano for the men waiting in line to watch a movie. While it played, a band mate would take his place at the piano, so that he could go hold hands with his companion. During his few years in prison, Allen made friends, assembled a band—for which he played the sousaphone—and learned how to dance.[9]
The News-Sentinel noted that in prison Allen “kept following his insatible [sic] desire to learn. Where he could find no one else to teach him, he taught himself. The creativity could never let him rest. It would be that way to the end of his life.”[10] This cultivation of self-expression paralleled the journey of African American poet, Etheridge Knight. While serving eight years at the Indiana State Prison in the 1960s, he discovered the restorative power of writing, culminating in his revolutionary Poems from Prison. Knight later stated that “Poetry and a few people in there trying to stay human saved me . . . I knew that I couldn’t just deaden all my feeling the way some people did.”[11]
So, too, did music and dance sustain Allen during his incarceration. Upon release, he returned to Fort Wayne, opening the Charles Allen Dance Studio.[12] According to the Journal-Gazette, he was the city’s only choreographer and, through his trips to New York and Chicago, “single-handedly” invigorated the city’s theater scene. Something of a cultural conduit, Allen traveled to Vera Cruz, Mexico to research indigenous dances. He studied dance at the University of Guatemala and the Palace of Fine Arts in Mexico, imbuing midwestern students with unique material and perspectives.[13]
In life and work, Allen gravitated towards those on the fringes, perhaps identifying with their struggles or the stigmatization they endured. He reportedly taught exotic dancers how to improve their performances and played piano at “houses of ill repute.”[14] In his TROIS article, Springer wrote that Allen played piano and felt a “kinship” with Black Americans because “like him, they were among the outsiders of society.”[15] Though he was exacting and sometimes cruel, the News Sentinel reported that “he would work with beginners no one else had time for, work tirelessly because he felt a love of what he was doing.”[16] Janice Dyson recalled this experience, after her mom “scrimped grocery money to help pay” for lessons for her and her sister, Bernice. She recalled that Allen “was a real taskmaster. . . . Bernice was intimidated by him and quit after about a year. I wasn’t afraid of him, but I learned pretty quickly that when he said practice or else, he meant it.”[17] Perhaps he hoped to provoke the same grit he’d developed through surmounting the many hardships imposed by society.
While he worked with Fort Wayne performers, Allen reportedly knew the jazz greats, like Billie Holiday and Louis Armstrong, and one friend noted that “a lot of famous people used to come here and have him fix their acts. Polish the acts. Reblock them or rechoreograph them.'”[18] Legend has it that one winter Allen sold his horse to pay the train fare to see Holiday perform in New York City. Due to a snow storm, he was the only person to show up at the theater. The usher relayed his presence to Holiday, who performed only for him, after which they went out for a drink. She reportedly drove him to the train station and ran alongside the cars, waving as the train departed. Allen was so moved by the experience that he wept while watching the train station scene in “The Lady Sings the Blues.”[19]
Purdue University Fort Wayne (PUFW) recognized the ingenue’s talent, hiring Allen to teach courses like Stage Movement.[20] He felt immense pride about being self-taught. A man who embodied resistance towards oppression and convention, his influence intersected fortuitously with the cultural revolution of the late 1960s and 1970s. Friends and colleagues seem to agree that he was not an activist in the traditional sense, but he always answered when called to provide insight about homosexuality or the burgeoning “homophile” movement. He recognized that, as one of few men in the area living openly, if he did not engage in public discourse that no one one would. When asked by WANE-TV to serve as one of five panelists about homosexuality Allen agreed, saying “‘I’m all right here, I don’t have any problems because I’m not scared. But a lot of people are scared; they’re scared they’ll get arrested.”[21] He appealed to dozens of people to serve as panelists, but only two agreed. Those who declined feared that their parents would disown them or that they would lose their job, as had one of Allen’s friends who served in World War II. Others claimed the panel was unnecessary or worried that it would upset the “status quo,” which had provided a modicum of safety. To this reasoning, Allen said, “‘I thought if everything is so fine, why can’t they get on the air and say it’s fine. It’s because it isn’t fine.”[22]
Allen spoke about homosexuality at PUFW campus teach-ins and college classes, and wrote editorials for the student paper, The Fort Wayne Free Press, under the pseudonym “Claude Hawk.”[23] He wanted audiences to understand that sexuality was not a choice, noting that “My own doctor tells me that one gene or chromosome determines sexual preference—not butchness, effeminancy, athleticism, not militancy, but whom you want to go to bed with.”[24] He added that this knowledge, while “comforting,” doesn’t help if you get fired or the “bartender breaks your glass after each drink, etc., etc.” His efforts shifted the perspectives of students like Linda Lamirand and Katharine Stout, who attended a teach-in with the “brave man” who “sat up there and told it like it is.”[25] The authors were enlightened by Allen’s revelations that he knew he was gay at the age of four and that scientific studies suggested that biology dictated sexual preference.
In one Free Press editorial, Allen addressed those who had come to terms with their sexuality, but faced the question “where do you go?” to meet someone. Of the dilemma, he wrote:
You can’t find someone at an office party or at a neighborhood bar because someone would ‘find out’. So you experiment. You drink too much or get so horny that, without experience, you get your teeth bashed in saying something dumb to to the wrong person; or the right-wrong person who relieves you of your watch, wallet, and rings. Or sometimes you are picked up by a nicelooking, intelligent, young man with long hair and bare feet, who turns out to be fuzz and you are entrapped, fined, and-or jailed.[26]
He advised readers to find a “gentle, gay” friend, who can help navigate the covert social world, or a relatively tolerant restaurant or bar. A “third salvation,” Allen noted, was to “know an art or theater crowd who don’t give a damn. Not about you, but about it.” The theater provided a world in which he did not have to explain himself or act as a local spokesperson for homosexuality. He wrote that the “freedom, acceptance, and love” afforded by the theater community created “a place to breathe in this pollution of brotherhood. Since one doesn’t have to hide, or lose his job in these fields, these are the more obvious” ones in which to work.[27] In fact, Allen noted that living as a gay man paralleled life in the performing arts, writing:
“You are forced to think and live like a male and play the game so well that you are never uncovered. And this becomes an art, gives you a facility for understanding objectively what’s going on. It’s like a play, and while others are doing it naturally you’re listening for clues, and if well rehearsed, arrive at a happy ending.”[28]
While TROIS writer Jerry Jokay considered Allen “Fort Wayne’s unsung gay hero,” he noted that “his fortitude laid in the fact that he didn’t dwell upon his difference . . . Allen was preoccupied with being so much more, as his best friends attest.”[29] Preoccupied, he was. Allen informed Free Press readers about his life, writing in 1971 that “I ran my own school, taught at Purdue, played piano in bars, was connected with Ft. Wayne Civic Theater, Kenosha Little Theater, Theater Alanta, had choreographed a Broadway show, was a Japanese paper folder, an Arabian knot tier.”[30] He had traveled the globe in search of inspiration and imbued new generations of performers with it. The News-Sentinel wrote that “he became unique, in a world of his own creation. His art became his life, his life his art.”[31]
His life, his art. Perhaps it was his cancer diagnosis that inspired him to detail them on tape, stories that writer Dan Luzadder suggested “may have been plucked from the intensity of his nether world.”[32] We don’t know what stories he told, as he ran out of time to complete the recordings,* but perhaps he described the demands of caring for his pet python or recited original sonnets, haikus, and Limericks, “both clean and questionable.”[33] We can be certain that his life and art profoundly influenced those around him. This is evidenced by the obituaries written upon his death in 1980 at the age of 68. Luzadder wrote in the Fort Wayne News-Sentinel:
There was loneliness and insecurity. There were things that drove him. And there was tremendous courage to live through the times of his life, to aspire to art, to survive with nothing more than intelligence and faith in himself, to go hungry, to be alone, to see the world in its intolerance and still love it.[34]
On March 21, hundreds of people from all walks of life—including actors, dancers, bartenders, city officials, and editors—stood shoulder-to-shoulder at the Performing Arts Center to pay their respects to the man “whose life had taught them the meaning of art.”[35] His memorial served as a final standing ovation, with Civic Director Richard Casey reading from “Hamlet,” poets performing spoken word, and dancers delivering a finale performance of “Mr. Bojangles.”[36]
Allen provides us with a window into the experiences of those who lived openly in Indiana prior to the liberating events of the 1980s and 1990s. Before a sense of community was fostered by the formation of groups like Fort Wayne Gay and Lesbian Organization (GLO), Pride Week celebrations, and the publication of gay newsletters, Allen drew upon a deep reservoir of self-assurance and creative impulse to fashion a fulfilling life.[37] In his 1980 tribute, Steve Springer described Allen as “an individualist. Society had its standards of behavior and Allen had his own.” And although he had suffered because of these standards, Springer insisted that “Long after Anita Bryant and her hordes of intolerants are forgotten, the legend of Charles Allen will live on.”[38]
* The author has been unable to locate these recordings. If you know of their location please contact npoletika @library.in.gov.
[1] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, Indiana State Library (ISL) microfilm.
[3] “Arts Center Site for Allen Service,” (Fort Wayne) News-Sentinel, March 20, 1980, ISL microfilm.
[4] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[5] Dell Ford, “Artists’ Artist Charles Allen Dies,” Fort Wayne Journal-Gazette, March 20, 1980, 1C, 2C, ISL microfilm.
[6] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[7] Ibid.
[8] Claude Hawk, “Boys Will Be Girls!,” The Fort Wayne Free Press 2, iss. 1 (January 1, 1971): 3.
[9] Ibid.
[10] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[11] Nicole Poletika, “Etheridge Knight: ‘can there anything good come out of prison,'” May 3, 2017, accessed Untold Indiana.
[12] Steve Springer, “Chas. Allen,” The Communicator, March 27, 1980, reprinted in TROIS (Three Rivers’ One in Six) (May 1980): 5, 7, Northeast Indiana Diversity Library Collection, accessed Indiana Memory.
[13] Dell Ford, “Artists’ Artist Charles Allen Dies,” Fort Wayne Journal-Gazette, March 20, 1980, 1C, 2C, ISL microfilm.
[14] Ibid.; Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[15] Steve Springer, “Chas. Allen,” The Communicator, March 27, 1980, reprinted in TROIS (Three Rivers’ One in Six) (May 1980): 5, 7, Northeast Indiana Diversity Library Collection, accessed Indiana Memory.
[16] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[17] Janice Dyson, “Studio Marks 65 Years of Dancing,” KPC News, December 28, 2017, accessed kpcnews.com.
[18] Dell Ford, “Artists’ Artist Charles Allen Dies,” Fort Wayne Journal-Gazette, March 20, 1980, 1C, 2C, ISL microfilm.
[19] Steve Springer, “Chas. Allen,” The Communicator, March 27, 1980, reprinted in TROIS (Three Rivers’ One in Six) (May 1980): 5, 7, Northeast Indiana Diversity Library Collection, accessed Indiana Memory.
[20] “Family Festival Slated,” Fort Wayne Journal-Gazette, April 28, 1976, 6C.
[21] “It Isn’t Fine,” The Fort Wayne Free Press 2, no. 17 (September 9-23, 1971).
[22] Ibid.
[23] Claude Hawk, “Wherever You Are!,” The Fort Wayne Free Press 1, iss. 10 (October 7-21, 1970): 4.; Claude Hawk, “Out of the Closet,” The Fort Wayne Free Press 1, iss. 11 (November 2-18, 1970): 3, 6.; “It Isn’t Fine,” The Fort Wayne Free Press 2, no. 17 (September 9-23, 1971).
[24] Claude Hawk, “Wherever You Are!,” The Fort Wayne Free Press 1, iss. 10 (October 7-21, 1970): 4.
[25] Linda Lamirand and Katharine Stout, “Dear Freep,” The Fort Wayne Free Press 2, iss. 7 (April 22-May 6, 1971): 10.
[26] Claude Hawk, “Wherever You Are!,” The Fort Wayne Free Press 1, iss. 10 (October 7-21, 1970): 4.
[27] Ibid.
[28] Claude Hawk, “God Love Us All,” The Fort Wayne Free Press 2, iss. 8 (May 6, 1971): 9.
[30] Bob Ihrie and Charles Allen, “Holiday on Ice,” The Fort Wayne Free Press 2, iss. 2 (January 18-February 2, 1971): 3.
[31] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[32] Ibid.
[33] Dell Ford, “Artists’ Artist Charles Allen Dies,” Fort Wayne Journal-Gazette, March 20, 1980, 1C, 2C, ISL microfilm.
[34] Dan Luzadder, “Charles Allen: His Life and His Art Were his Epitaph,” (Fort Wayne) News-Sentinel, March 21, 1980, 7A, ISL microfilm.
[35] Dell Ford, “Funeral Celebrates Dance, Poetry, Drama, Music,” Fort Wayne Journal Gazette, March 22, 1980, C1, ISL microfilm.; Steve Springer, “Chas. Allen,” The Communicator, March 27, 1980, reprinted in TROIS (Three Rivers’ One in Six) (May 1980): 5, 7, Northeast Indiana Diversity Library Collection, accessed Indiana Memory.
[36] Dell Ford, “Funeral Celebrates Dance, Poetry, Drama, Music,” Fort Wayne Journal Gazette, March 22, 1980, C1, ISL microfilm.
[37] Nicole Poletika, “From ‘Gay Knights’ to Celebration on the Circle: A History of Pride in Indianapolis,” October 5, 2021, accessed Untold Indiana.
[38] Steve Springer, “Chas. Allen,” The Communicator, March 27, 1980, reprinted in TROIS (Three Rivers’ One in Six) (May 1980): 5, 7, Northeast Indiana Diversity Library Collection, accessed Indiana Memory.
*This post was written by IUPUI Public History graduate student Molly Hollcraft.
Often, stories and memories play an important part in understanding history. They offer a human element that helps connect people to one another. W. Todd Groce wrote in an article for History News that “Memory is deeply emotional,” and when people remember something they do so because they have a connection to it. According to historian David Thelen, memory “can illuminate how individuals, ethnic groups, political parties, and cultures shape and reshape their identities.” In 2009, at the age of 98, Black activist Pearl Cannon Bassett gave an interview to a student at the University of Southern Indiana. In the interview, she recounted events related to civil rights and desegregation that she witnessed while living in Marion, Indiana. Bassett’s memories of the discrimination and Civil Rights Movement in Grant County illuminate how Black citizens in Marion shaped their identity.
Pearl Bassett and Civil Rights
Pearl Elizabeth Cannon Bassett was born April 28, 1911, in Marion, Indiana. Aside from the years she spent in Dayton and Cincinnati, Ohio and Chicago, Illinois, Pearl Bassett, also known to many as “Ms. Pearl,” spent her life in Marion. In her oral history interview, Bassett briefly talked about her early education and her family. She recalled how her teacher lowered her grade because it was “too high.” While she was not living in Marion at the time, she recalled the impact the 1930 Marion lynching had on the local Black community. As a 19-year-old, she would have been about the same age as victims Tom Shipp and Abe Smith. In August, the young men had been jailed for the murder of Claude Deeter and rape of Mary Ball. A white mob ripped Shipp and Smith from their cells, brutally beat them, and lynched them near the Marion courthouse. Fearing for her safety, Bassett’s family told her that she should not return home yet. When the National Guard was called into action in Marion not long after the lynching, some of the soldiers were standing in her family’s yard. In remembering the lynching, she said “that was terrible because we had a lot of discrimination.” Shortly after the tragedy, she became a member of the National Association for the Advancement of Colored People (NAACP).
Through organizations like the NAACP, Bassett became an active member in the Marion community and helped fight discrimination and segregation. Her name appeared frequently in the African American newspaper TheIndianapolis Recorder for these efforts. Her work included how helping the Red Cross reach its quota for war relief, serving as chairman for the war service commission, and serving as a board member for the Carver Community Center. In her interview, Bassett talked about how she helped organize the NAACP Auxiliary, Women in NAACP, and the Urban Gild, all of which would play a role in desegregation efforts throughout the city.
She also described the discrimination that Black citizens in Marion faced because of segregated of swimming pools, such as Matter Park. Before its 1954 integration, African Americans had to travel to Anderson to swim. When they did get to swim in the Marion pools they would be drained and refilled afterwards. While it is unclear how directly Bassett was involved in these efforts, it is certainly possible as she was a member of the Marion Urban League, one of the two civil rights organizations that worked to desegregate the swimming pool.
We do know that she participated in anti-discrimination efforts through civil disobedience, as she stated: “When we could not go into the restaurant and eat. . . we formed a committee, and we just read the civil rights law, which has always been right. . . . And if they didn’t open up the place, when they were charged $100 a person in their restaurant. So they opened it up the day we walked in there.”
She also joined an NAACP march in 1969, recalling “We first had the walk from 26th Street to the courthouse for discrimination and equal opportunities for people and jobs. And it was a wonderful thing.” The Ku Klux Klan tried unsuccessfully to confront them at the courthouse, but were told by the city that “they would need a permit and that they [the KKK] would have to take their hoods off.” This was not the only experience that Pearl Bassett had with the Klan. While president of one of the many organizations she was involved in, she received a call from the Klan members. She said, “Many a time they told me they were coming out and burn up my house.”
While in the NAACP, The Indianapolis Recorder reported in the 1960s that Bassett was elected secretary and chaplain for the Marion branch. Bassett was also the President of Women and “wore her tiara as the state queen of the NAACP” during a visit to Kokomo in 1982. She was also the first Black secretary of the Democratic Committee in Grant County. Pearl Bassett also received numerous awards from the NAACP and The Fort Wayne Frost Illustrated reported in 2004 that she received the Region Three Rosa Parks Women of the Year award for her work in civil rights. The Mayor of Marion made a Proclamation for Pearl Bassett Day and gave her a key to the city. In June 2021, Pearl Bassett passed away at the age of 110. Her first-hand accounts help humanize tragic events and shape the identity of Black citizens in Grant County. Her documented memories are invaluable because traditional media often mischaracterized or neglected to record minority history.
W. Todd Groce, “The Value of History: When History and Memory Collide,” History News (2006): 5-6, accessed JSTOR.
David Thelen, “Memory and American History,” The Journal of American History (1989): 1117 1129, accessed JSTOR.
“Pearl Bassett,” Indiana Commission for Women: Writing her Story, 2019, accessed in.gov.
“Pearl Bassett Oral History Interview,” University of Southern Indiana, November 7, 2009, University Archives and Special Collections, David L. Rice Library, University of Southern Indiana.
Nicole Poletika, “Strange Fruit: The 1930 Marion Lynching and the Woman Who Tried to Prevent It,” Untold Indiana, May 15, 2018, accessed Untold Indiana.
* A note on terminology:We recognize that terminology referring to this marginalized community will continue to evolve. We have chosen to use “LGBTQ+” and “queer” after consulting with Indy Pride board members, historians specializing in the field, and new scholarship. We are cognizant that the community is not monolithic and that some individuals may not identify with these terms. It is also important to note that the mainstream civil rights movement excluded people of color, those living in poverty, and transgender individuals.
The fabric of America has always been comprised of LGBTQ+ individuals, but due to social stigmas, legal discrimination, and the perpetuation of violence, many of these individuals lived quietly. While the 1969 Stonewall Uprising in New York City proved to be a watershed moment in the national fight for equality, those in the conservative state of Indiana continued to socialize privately, for the most part. In 1976, the first “Gay Pride Week” was held in Indianapolis, hosted by the Metropolitan Community Church (MCC) and the Gay Peoples Union. Rather than celebrate publicly, attendees were invited to attend a picnic at Sugar Creek Park, donate blood at MCC, participate in a “Youth Kamp Disco,” and attend workshops entitled “Do I Tell My Parents?,” “Christian and Gay,” “Lifestyles in the ‘70s,” and “Gays and Government.” MCC pastor Rev. James Hill said the purpose of the week was “to make society aware of our presence and as a self-affirming thing for gay people as well—affirming they have the right to be.’”
According to an article The Works, when Pride plans failed to materialize in 1980, activists gathered at the Ramada Inn and formed a Pride Week Committee, which sponsored the 1981 Pride Week Brunch at Essex Hotel House. The Indianapolis Star noted in 1982 that celebrations continued in an insular manner, writing that individuals celebrated “Indiana style—without marches or noisy rallies.” Instead, they raised funds for various causes, donated food to the needy, and “tried quietly to let others know they are here.” Celebrants in 1984 continued the tradition of picnics, in addition to raising funds for AIDS research. The summer of that year, hundreds of LGBTQ+ Hoosiers met at Monument Circle to socialize, listen to local activists, learn about their rights, and register to vote.
While organizers were careful to note that this was not a protest or demonstration, it was the first large public gathering of queer individuals in the state. Their goal was to increase visibility for the community, hoping the show of solidarity would lead to a decrease in police harassment and increased commitment to solving the murders of LGBTQ+ individuals. Mayor Bill Hudnut reluctantly issued a letter that was read at one of the gatherings, declaring a commitment to “an absence of anti-gay bias in all police matters.” According to a June 1985 The Works article, this marked “the first time any Mayor of Indianapolis has made any positive public pronouncement on gays in Indianapolis.” Although relations between police and elected officials and queer Hoosiers would remain relatively fraught, the Works considered the 1984 gatherings a success, writing that the events:
will go down in the gay history of Indiana as the first time gays in this state have exercised their Constitutional right to freedom of public assembly. Gays and lesbians exercised this Constitutional right in no less a place than the Monument Circle area of Indianapolis in full view of many Indianapolis citizens who came to see what gays had to say.
After the 1984 gatherings, which some dubbed “Gay Knights on the Circle,” Pride Week celebrations remained relatively private until 1990. That year, the twentieth anniversary of NYC’s first Pride Week, Indiana activists felt ready to celebrate publicly. Organized primarily by Justice, Inc.’s Ruth Peters, the New Works News noted that the June event would “provide an opportunity for gays and lesbians to increase their political and community awareness and visibility. Having the event on the Circle will provide both an educational and enjoyable atmosphere for the Indianapolis community at large to enjoy the speakers and entertainers.”
Some Hoosiers, like Drew Carey, feared making themselves vulnerable by attending the state’s first large outdoor Pride event. Nevertheless, he felt his presence was important, writing in an editorial reprinted in the New Works June 1990 issue:
I can’t tell you how much this intimidates me. I have never made such an open stand. But I’m going to be there, stomach in knots and all, because there is nothing so vitally important. . . . If we make excuses for not going, we manifest the internalized homophobia that will continue to keep us on the fringe, where society need not even recognize that we exist. We say to ourselves, to friends, to family, and to society, ‘I’m ashamed; I’m embarrassed about what I am. Your stereotypes about gays and lesbians are right.’
Those who turned out for the unprecedented event enjoyed entertainment like drag shows, learned about gay rights legislation, listened to AIDS activists, and interacted with those manning booths for the Indiana Crossdresser Society (IXE), Indiana Youth Group, Damien Center, Act-Up Indy, Marion County Health Department Condom Contest, and Indiana Pro-Choice Action League.
Despite the presence of protesters, the event empowered attendees, challenged social stigmas, and welcomed a range of sexual and gender expressions. The New Works News editor reflected in August, “As I looked around me . . . I had but one thought: this is what a city is supposed to be like-alive, vibrant, filled with productive, enjoyable activity.” Carmen Kruer had a similar sentiment, writing in an editorial for the same issue that for the first time the community could:
socialize publicly with minimal fear of harassment and was also able to feel the strength that its numbers can provide. I was very proud to be a part of the lesbian and gay community as it drew together to support one goal – the attainment of a safe environment for all persons regardless of their sexual orientation, race, creed, or gender. I will always remember this day as I anticipate the next public celebration in Indiana.
With the event’s success, organizations like Justice, Inc. pushed to keep the momentum going through donations and activism. One writer for the New Works News wrote in July that the “Celebration on the Circle” was only the beginning, contending that “The Gay Civil Rights movement is at a critical point in its development. Much has been accomplished, but there is still much of a negative nature which must be overcome both within ourselves and in the public in general. . . . It’s up to us.”
In the ensuing years, Justice, Inc. and Indy Pride helped grow the event and by 2012 an estimated 80,000 people and 300 vendor booths attended the celebration. According to Indy Pride, the Cadillac Barbie Pride Parade “featured a float, an antique truck, a few drag queens, some antique cars, and several walking groups,” becoming a cornerstone of celebrations. Of the annual event’s significance, Indy Pride noted “In the years since Pride first ‘came out of the closet,’ the exposure has created a massive change in the society of the city of Indianapolis and the state of Indiana. The battle is not won until everyone is equal but the Indy Pride Festival and the Indy Pride Parade are Indiana’s symbol of a growing acceptance in our cultures.”
As with most efforts to secure civil rights, progress for the queer community in the city known for its “Polite Protest” and “Hoosier Hospitality” occurred in fits and spurts. The 2014 legalization of gay marriage and the 2015 enactment of the Religious Freedom Restoration Act exemplifies this duality. As of 2021, organizations like the Indiana Youth Group and Indy Pride continue to provide resources and press for equal protection under the law.
* Sources used to write this post can be found here.
Learn about the following Indiana LGBTQ+ history topics:
Five men are sitting in a jail cell in Terre Haute, Indiana. The leader of the group—a middle-aged, mustached, and unassuming figure—had been arrested on charges of “vagrancy and ‘for investigation’,” according to the local police chief. But it wasn’t a drunk or an unlucky drifter sitting in the cell. It was the leader of an American political party and its nominee for President of the United States. He had tried to give a speech in Terre Haute when arrested by the local authorities. His case became a statewide and even national discussion on the importance and limits of free speech. Now, who could’ve caused all of this ruckus? It was Earl Browder, General Secretary of the Communist Party of the United States.
Music: “And Then She Left” by Kinoton, “Echo Sclavi” by the Mini Vandals, “Namaste” by Audionautix, “Myositis” by the United States Marine Band, “Finding the Balance” by Kevin MacLeod, and “Dana” by Vibe Tracks
This post is dedicated to Tom Flynn—freethinker, friend, and keeper of the Ingersoll flame.
On July 22, 1899, Hoosier Eugene Victor Debs, a radical labor organizer and the future socialist party candidate for president, published a tribute to one of his biggest influences and close friends—the orator and freethinkerRobert Green Ingersoll. Known as the “Great Agnostic” for his decades-long public critique of organized religion, Ingersoll became the leader of the “Golden Age of Freethought” in the United States, a movement dedicated to secularism that began after the Civil War and ended around World War I. His death on July 21, 1899, at the age of 65, left an irreplaceable void in the hearts of many who saw Ingersoll as the leader of a new rationalist awakening in America.
For 23 years it has been my privilege to know Colonel Ingersoll, and the announcement of his sudden death is so touching and shocking to me that I can hardly bring myself to realize the awful calamity. Like thousands of others who personally knew Colonel Ingersoll, I loved him as if he had been my elder brother. He was, without doubt, the most lovable character, the tenderest and greatest soul I have ever known.
He also noted the amount of charity work Ingersoll did, both for organizations and for individuals, such as a woman he aided after the financial collapse of her father and abandonment by her church. “Such incidents of kindness to the distressed and help to the needy,” Debs observed, “might be multiplied indefinitely, for Colonel Ingersoll’s whole life was replete with them and they constitute a religion compared with which all creeds and dogmas become meaningless and empty phrases.”
Later, on January 17, 1900, Debs wrote to Ingersoll’s publisher C.P. Farrell that “I have never loved another mortal as I have loved Robert Ingersoll, and I never shall another.” While this language may seem a bit saccharine for us today, Debs meant every word of it. From his initial meetings with Ingersoll as a young man in Terre Haute, Indiana to the Great Agnostic’s defense of him during the Pullman railroad workers strike of 1894, Eugene Debs always felt a deep kinship with the heretical orator. While they took different spiritual tracks—with Ingersoll a dedicated agnostic and Debs a social-gospel Christian—both saw the importance of caring for others in this life, despite what might come after, and believed in the power of human reason as a vehicle for transcending outmoded superstitions. Debs learned the power of effective oratory from Ingersoll, routinely citing him as one of his biggest rhetorical influences. Ingersoll also had views on labor and capital that went far beyond the traditional liberalism of his day, something that likely played a role in the radicalization of Debs. As such, their unique friendship left a lasting imprint on American life during the turn of the twentieth century.
They first met in the spring of 1878, after Debs invited Ingersoll to give a lecture to the Occidental Literary Club in Terre Haute, an organization that the former helped organize. The Terre Haute Weekly Gazette reported on May 2, 1878 that Ingersoll’s oration the previous evening was on the “religion of the past, present, and future” and noted that “Mr. Ingersoll was introduced by Mr. E. V. Debs, in well chosen and well delivered words.” Years later, in his “Recollections on Ingersoll” (1917), Debs reflected on his first encounter with the legendary orator. In fact, the lecture that Ingersoll gave that evening, according to Debs, was one of his most important, “The Liberty of Man, Woman, and Child.” In it, Ingersoll excoriates those who held humanity in the bondage of superstition and called for freedom of intellectual development. As he declared, “This is my doctrine: Give every other human being every right you claim for yourself. Keep your mind open to the influences of nature. Receive new thoughts with hospitality. Let us advance.” Debs was amazed by this speech. Writing decades later, “Never until that night had I heard real oratory; never before had I listened enthralled to such a flow of genuine eloquence.” Ingersoll’s words, which “pleaded for every right and protested against every wrong,” galvanized the budding orator and political activist.
Also in 1878, Ingersoll used his considerable speaking talents towards another issue of grave importance: the condition of labor. While it would be too much to say that Ingersoll was a socialist like Debs, he was nevertheless a socially-conscious liberal Republican who understood the inequities between workers and owners in a capitalist society. In a speech entitled “Hard Times and the Way Out,” delivered in Boston, Massachusetts on October 20, 1878, Ingersoll laid out his views on the subject. While he reiterated his belief that “there is no conflict, and can be no conflict, in the United States between capital and labor,” he nevertheless chastised the capitalists who would impugn the dignity and quality of life of their laborers. “The man who wants others to work to such an extent that their lives are burdens, is utterly heartless,” he bellowed to the crowd in Boston. He also called for the use of improved technology to lower the overall workday. Additionally, in a passage that could’ve been composed by Eugene V. Debs decades later, Ingersoll declared:
I sympathize with every honest effort made by the children of labor to improve their condition. That is a poorly governed country in which those who do the most have the least. There is something wrong when men are obliged to beg for leave to toil. We are not yet a civilized people; when we are, pauperism and crime will vanish from our land.
This speech left a lasting impression on Debs, so much so that he quoted it at length in an 1886 article in the Locomotive Firemen’s Magazine calling for the eight-hour workday. It is safe to say that Ingersoll’s own progressive views on labor influenced Debs’s own labor advocacy, especially during his time leading the Brotherhood of Locomotive Firemen and co-founding the Industrial Workers of the World (I.W.W).
Years later, in 1894, Eugene V. Debs and the American Railway Union (ARU) led a massive labor strike against the Pullman Palace Car Company in the outskirts of Chicago. Approximately 2,000 employees walked off the job in May, demanding an end to the 33 1/3% pay cut they took the year prior. When the strikes escalated into violence, largely due to the aggressive tactics of the Chicago police, the United States Court in Chicago filed an injunction against Debs and the ARU. The injunction claimed that Debs, as head of the ARU, violated federal law by “block[ing] the progress of the United States mails,” the Indianapolis Journal reported. Debs was later arrested for his actions, using legendary civil rights attorney Clarence Darrow for his defense. Some speculated at the time that Robert Ingersoll, himself a lawyer, would defend Debs in court, but that never came to pass. Instead, Ingersoll defended Debs in the court of public opinion, when the press reported his previous treatment for alcoholism in an effort to discredit his cause.
An article in the July 9, 1894 issue of the Jersey City News reported that Dr. Thomas S. Robertson treated Debs in 1892 for “neurasthenia” and “dipsomania,” terms used in the era to describe anxiety due to spinal cord injury and alcoholism, respectively. To help his friend, Ingersoll had written a letter of introduction for Debs to Dr. Robertson, as he had used the physician’s services before. The article quotes Dr. Robertson at length, who claimed that Debs suffered from exhaustion, which had been exacerbated by drinking, but he had improved in the two years since. When asked if Debs was of sound mind, Dr. Robertson said, “in ordinary times, yes, but he is likely to be carried away by excitement and enthusiasm.” In essence, Debs suffered from what today we might call stress-induced anxiety, which became more pronounced by substance abuse. However, it is important to note that charges of alcoholism were common in this era, and Debs might have exhibited symptoms of it without ever being intoxicated.
Sensing the intention of the press with this story, Ingersoll released a statement to the Philadelphia Observer, later reprinted in the Unionville, Nevada Silver State on August 27, 1894. In it, he stood up for his friend and the causes he fought for. “I have known Mr. Debs for about twelve years,” Ingersoll said, and “I believe, [he] is a perfectly sincere man—very enthusiastic in the cause of labor—and his sympathies are all with the workingman.” When asked about Debs’s drinking, Ingersoll pushed back on the claims, saying “I never met him when he appeared to be under the influence of stimulants. He was always in good health and in full possession of his faculties.” He also commented on the attempts at scandal in the newspapers, adding that his “testimony is important in view of gossip and denunciation that everywhere attend the public mention of the strike leader.” In one of Debs’ darkest hours, when his character and cause came under fire, Ingersoll publicly defended his friend and challenged the claims made against him. Such was the nature of their bond.
While Robert Ingersoll certainly influenced Debs on the importance of oratory and the cause of labor, he also left a profound intellectual influence on the future socialist. Early in his life, Debs developed an iconoclastic view of religion, which primed him for a rewarding relationship with Ingersoll. In conversations with Larry Karsner, published in book form in 1922, Debs reflected on the event that made him weary of organized religion. At the age of 15, Debs attended a sermon at St. Joseph’s Catholic Church in Terre Haute. The priest’s vivid descriptions of hell, with a “thousand demons and devils with horns and bristling tails, clutching pitchforks, steeped in brimstone,” completely soured him on institutionalized Christianity. “I left that church with rich and royal hatred of the priest as a person, and a loathing for the church as an institution,” Debs said, “and I vowed that I would never go inside a church again.” Furthermore, when asked by Karsner if he was a disbeliever at that time, Debs replied, “Oh yes, a strong one.”
He furthered his views on hell in a February 19, 1880 article in the Terre Haute Weekly Gazette. “I do not believe in hell as a place of torment or punishment after death,” he wrote, “. . . the hell of popular conception exists solely in the imagination.” He further argues that while the idea of hell may have served a beneficial function in the past, “as soon, however, as people become good enough to be just and honorable for the simple satisfaction it affords them, and avoid evil for the same reason, then there is no further necessity of hell.” With these words, Debs actually echoed much of what Ingersoll said on the subject in an 1878 lecture. “The idea of a hell,” Ingersoll noted, “was born of revenge and brutality on the one side, and cowardice on the other. In my judgment the American people are too brave, too charitable, too generous, too magnanimous, to believe in the infamous dogma of an eternal hell.”
While the doctrine of hell and the strictures of the church left Debs cold, he nevertheless adopted a liberal, nondenominational form of Christianity later in his life, one molded by his exposure to Ingersoll and freethought. In a 1917 article entitled “Jesus the Supreme Leader,” published in the Call Magazine and later reprinted in pamphlet form, Debs shared his thoughts on the prophet from Nazareth. Debs saw Christ not as a distant, ethereal presence, but rather as a revolutionary figure whose own humanity made him divine. “Jesus was not divine because he was less human than his fellow-men,” he wrote, “but for the opposite reason, that he was supremely human, and it is this of which his divinity consists, the fullness and perfection of him as an intellectual, moral and spiritual human being.” He placed Jesus in the same pantheon of transformative figures as abolitionist John Brown, President Abraham Lincoln, and philosopher Karl Marx.
For Debs, Christ’s appeal to “love one another; as I have loved you, that ye also love one another” was the same in spirit as Marx’s famous dictum in the Communist Manifesto: “Workers of all countries unite! You have nothing to lose but your chains. You have a world to win.” Both statements are about solidarity—of people coming together, helping one another, and fighting for a better world. In this sense, Debs interpreted Christ like many humanists and non-sectarian Christians do today—as a deeply human figure that preached love, peace, and harmony with others.
While Debs and Ingersoll did not share the exact same views on Christianity, they did share a commitment to secularism, tolerance, freethought, and social justice. Debs would parlay his knowledge from Ingersoll and others into a successful political career, running five times on the socialist party ticket and earning nearly a million votes in 1920 while imprisoned for speaking out against America’s involvement in WWI. As Ingersoll was the leader of the “Golden Age of Freethought,” Debs was the leader of the “Golden Age of American Socialism,” with thousands attending his speeches and joining socialist organizations. Despite their friendship being tragically cut short by Robert Ingersoll’s death in 1899, Debs honored the legacy of the Great Agnostic for the rest of his life. Writing in his “Recollections of Ingersoll” in 1917, Debs said:
He was absolutely true to the highest principles of his exalted character and to the loftiest aspirations of his own unfettered soul. He bore the crudest misrepresentation, the foulest abuse, the vilest calumny, and the most heartless persecution without resentment or complaint. He measured up to his true stature in every hour of trial, he served with fidelity and without compromise to the last hour of his noble life, he paid in full the price of his unswerving integrity to his own soul, and each passing century to come will add fresh luster to his immortal fame.
In studying their lives and their friendship, one might say these words for Robert Green Ingersoll could equally apply to Eugene Victor Debs.
On the precipice of World War I, Hoosier women had reason to be hopeful that they had, at last, won their long fight for suffrage. The 1917 legislative session brought about three major suffrage measures, all of which passed. But the constitutionality of suffrage bills would soon be challenged, and when the United States formally entered the war on April 6, 1917, Hoosier suffragists and clubwomen stood at a crossroads. Should they continue fighting for the vote or should they pause their efforts to focus attention on assisting the homefront?
Historian Anita Morgan noted that during the Civil War, “women had dropped suffrage campaigning in exchange for tackling war work and thought, erroneously, that war work would win them suffrage. That disappointment yet festered, and this time, they would not make the same mistake.”[i] In fact, Dr. Morgan asserted that “what the war managed to do was to finally focus the energies of all these suffragists and club women so they acted in concert for one goal—win the war and in the process win suffrage for themselves.”[ii] Leaders believed that their best response to the U.S. entering World War I would be to support its efforts entirely while simultaneously continuing the fight for suffrage. Doing so would put President Wilson in their debt and earn the National American Woman Suffrage Association valuable supporters.[iii] It would also, incidentally, afford women a unique experience in which to hone their public speaking and organizational skills.
***
“Never again will suffrage be decried or ignored in Indiana,” declared fliers sent to women across Indiana by Marie Stuart Edwards, president of the Woman’s Franchise League (WFL). Edwards wrote to Indiana Federation of Clubs’ members around the state reporting that suffragists were intensifying their efforts, regardless of the war, writing: “plans are being made to carry the fight and you will hear about them.” She encouraged Hoosier women to “emphasize the relations between suffrage and patriotism” to enhance their credibility as future-voters. By combining the war effort with suffrage efforts, women could now band together and show the country and government why they were worthy of the vote. Edwards went on to say that “real patriotism demands that we serve the Government no matter how out of patience we get with state authorities. If possible, make a showing as a LEAGUE.”[i]
Indiana women, following Edwards’s suggestion, quickly mobilized. Reports from the WFL show that Lenore Hannah Cox requested names of prominent women from across the state, who might telegraph congressmen in regards to the passage of the federal suffrage amendment when called upon to do so.[ii] Financial reports of the Woman’s Franchise League similarly show that the league began collecting Liberty Bond donations as part of its budget, promoting the drive through their newspaper, The Hoosier Suffragist.[iii]
Prolific columnist and Indianapolis suffragist Grace Julian Clarke wrote in the Indianapolis Star, “more depends upon us in this matter than many persons realize, and it is a work that only women can perform.”[iv] She quickly assumed a leadership role in her community and volunteered to lead a sign-up station for the Red Cross at the Irvington post office. Other prominent club women around Indianapolis followed suit.[v] Clarke also introduced a resolution at a “patriotic meeting” held at the Y.W.C.A. in Indianapolis that urged local women to “pledge . . . to do our bit in war emergency relief work, and to induce others to do the same.”[vi] About 400 women registered their intent to take part in war relief work after Clarke’s address. By May 1917, Clarke had been appointed to supervise WFL war work, which required Clarke to process all of the records from the war work registration drive.[vii] Registrars had asked women to complete registration cards promising to help with some type of government service if called upon during the war.[viii]
In October of 1917, Hoosier suffragists like Clarke joined the “fourteen-minute women,” speaking before clubs, church societies, and other women’s organizations for about—you guessed it—fourteen minutes on the subject of food conservation. The group was “one wing of the army of talkers, pledgers, advertisers and boosters” that the local branch of the United States food administration, led by future U.S. president Herbert Hoover, expected to disseminate important facts regarding food conservation. The “fourteen-minute women,” organized by suffragist and former WFL secretary Julia C. Henderson as part of the speakers’ bureau for the Seventh District for food conservation work, collaborated with “four-minute men.”[ix]
Members of the “fourteen-minute women” included other locally prominent women in hundreds of speaking tours during the war, which helped develop their public speaking skills.[x] In January of 1918, the “fourteen-minute women” were enlisted in state service after their effort had been found to be “so effective that it was deemed advisable to enlarge and extend it beyond the 7th District.”[xi] This expansion included training women to speak on activities that were expected of women in the General Federation of Clubs as an aid in prosecuting the war, with an emphasis on food conservation. Clarke, among others, received unique training and experience in public speaking as a result, further elevating her reputation as a public figure. Of this link between war work and the drive for enfranchisement, she contended:
we [women] are truly patriotic, not only by knitting and doing the conventional kinds of war work, but by the utmost exertions to secure for the women of our country their rightful place as equal partners in the tremendously important enterprise of government . . . Women of all religious denominations, club women, women who work whether in the home or in the many fields outside, young women and old, colored women and white, all women with sufficient wit to discern right from wrong, daylight from night, should enlist in the present suffrage drive.[xii]
Women quite literally utilized war work to demonstrate their deservedness of full-enfranchisement. The state’s Constitutional Convention law was challenged in court on the grounds that it was an “unnecessary public expense,” and the partial suffrage law was challenged for simply costing too much to effectively double the number of voters in the state. Responding to these assertions, Hoosier suffragists attended an Indiana Supreme Court hearing, bringing supplies most likely as part of their “knitting for soldiers campaign to support the war effort, and stayed through four hours of arguments.” In their newsletter, The Hoosier Suffragist, WFL members further challenged these claims, writing “‘Mr. Hoover says he expects the women of this country to save enough to pay for the war,” and yet some men complained that “ballot boxes and ‘fixings’ for women to vote will cost at least six thousand dollars.” The author quipped “If we pay for the war can’t the men scrape up the money for those ballot boxes?”[xiii]
***
On May 7, 1919, 20,000 jubilant men and women cheered returning soldiers at the Welcome Home Parade in Indianapolis. The parade stretched for thirty-three blocks, and left the city awash in red, white, and blue. Trains unloaded returning Hoosier soldiers who displayed their regimental colors. Many attendees had survived the 1918 influenza pandemic, nursed the sick at Fort Harrison, or lost friends and relatives to the pandemic. While suffragists celebrated the end of the war and the dwindling of a catastrophic pandemic, their struggle for full-enfranchisement endured.
According to Talking Hoosier History, Congress finally passed the 19th Amendment to the Constitution in June 1919, which then required thirty-six states to ratify in order to become law. Indiana suffragists immediately began calling for Governor Goodrich to convene a special session of the General Assembly to ratify the 19th Amendment. The governor, however, wanted to wait to see what other states would do before spending time and money on a special session. Months later, with still no sign of a special session, suffragists turned up the pressure and Franchise League president Helen Benbridge delivered petitions signed by 86,000 Hoosiers.
Their determination proved effective and Governor Goodrich agreed to call a special session. Historian Anita Morgan noted that Hoosier “legislators who spoke in favor of the [suffrage] measure gave women’s war work, which to them signified women’s loyalty, as the reason to support.”[i] On January 16, 1920, Indiana ratified the 19th Amendment to the U.S. Constitution. The Indianapolis News reported on the reaction of women at the statehouse when they heard the news:
As soon as the house passed the resolution, a band in the hall began playing ‘Glory, Glory Hallelujah.’ Women joined in the singing. Scores rushed into the corridor and began embracing. Many shook hands and scenes of wildest joy and confusion prevailed.
The celebrations continued when, on August 18, 1920, Tennessee became the 36th state to ratify the amendment and the measure became law.
Increasing patriotism, in alignment with a united outward appearance by suffragists, proved a calculated and successful political strategy used by women during the war. The war had illuminated women’s ability to use genuine patriotism as a political tactic to achieve the vote through club and suffrage work. Although women were challenged during a time when they were so close to achieving the goal that they had been working on for nearly a century, loyalty to their country ultimately advanced the “cause of humanity and progress.”
Notes:
[i] Anita Morgan, “We Must Be Fearless:” The Woman Suffrage Movement in Indiana (Indianapolis: Indiana Historical Society, 2020), 196.
[i] Copy of flier attached to Mrs. Richard E. Edwards to Clarke, Nov. 3, 1917, GJC, Box 2, Folder 1, ISL.
[ii] Printed board letter and reports, Woman’s Franchise League of Indiana, Nov. 3, 1917, GJC, Box 2, Folder 1, ISL.
[iii] “Mrs. Fred M’Collough Head of Loan Drive,” The Hoosier Suffragist, October 26, 1917, p. 1.
[iv] Grace Julian Clarke, “Making Study of League to Enforce Peace,” Indianapolis Star, Oct. 27, 1918, 38.
[v] “Gaining Members Rapidly,” Indianapolis Star, April 7, 1917, 11.
[vi] “Many Women Enroll For War Relief Work,” Indianapolis News, April 12, 1917, 7.
[vii] “Supervisor of War Work,” Indianapolis News, May 9, 1917, 9.
[viii] “Census of Women Will Learn Qualifications for Aiding Government,” The Call-Leader (Elwood, Indiana), May 12, 1917, 1.
[ix] “Hoover Luncheon and Dinner,” Indianapolis News, October 19, 1917, 18.
[x] “Will Talk Wherever They Get the Chance,” Indianapolis News, October 16, 1917, 1.
[xi] “To Organize Speakers,” South Bend Tribune, January 18, 1918, 5.
[xii] Scrapbook regarding World War I, League of Nations, and suffrage, Grace Julian Clarke, vol. 422-11, Indiana State Library.
Sherman Minton’s willingness to find flexibility in the law and his own thinking helped end state-sanctioned discrimination toward African Americans in housing, employment, and education. Considering his rigid stance on judicial restraint, Minton’s reformist civil rights record is surprising at first glance. He believed that Congress, not the courts, should define the country’s laws. As an Associate Justice of the U.S. Supreme Court from 1949-1956, Minton invariably deferred to both congressional and judicial precedent, opposing activism by the Court. A closer look at his role in several landmark desegregation cases shows how Minton was able to stretch precedent in order to bend the moral arc of the universe toward justice. His much-lauded judicial opinion on Barrows v. Jackson, the Supreme Court decision that ended discriminatory housing covenants, is particularly relevant. Today, much work remains to fully end discriminatory policies that create disparity in income and living conditions for millions of Black Americans, a sort of de facto segregation that lingers more than sixty years after these Civil Rights Era desegregation cases. The civil rights work of Sherman Minton is worth considering here, if for no other reason, because it remains unfinished.
Young Minton, better known as “Shay,” was a troublemaker. Born in Georgetown, Indiana, in 1890, he had to work from a young age to help support his struggling family. Yet, he somehow still found the energy to knock neighbors hats off with snowballs or loosen a wheel on his brother’s wagon, causing it to fall off and ruin his date. While Minton may have been rambunctious in his spare time, he was a serious student with a love of learning. He graduated from New Albany High School in 1910 and worked a series of jobs before enrolling at Indiana University in 1911.[1]
At IU, Minton excelled in football, baseball, and debate. He took two years of undergraduate classes before entering the IU School of Law, graduating with a Bachelor of Laws in 1915.[2] He then won a scholarship to Yale University School of Law where he earned his Master of Laws degree in 1916.[3] While at Yale, Minton came under the tutelage of former President William Howard Taft, who himself would go on to serve as a Supreme Court justice (the only president to boast this accomplishment). Reportedly, after Shay argued with Taft over a lesson about a certain Supreme Court ruling, Taft told his student:
I’m afraid, Mr. Minton, that if you don’t like the way this law has been interpreted, you will have to get on the Supreme Court and change it.[4]
Minton would later take the former president up on this suggestion.
Upon graduation from Yale, Minton set up a law practice in New Albany. Soon after, the United States entered WWI and Minton immediately enlisted in the U.S. Army. He was commissioned as an infantry officer, trained at Fort Benjamin Harrison, and sent overseas in July of 1918 where he served on the French front.[5]
After returning from war, Minton entered the Democratic primary to seek a congressional Senate seat. While he was unsuccessful in this 1920 election, he would remain active or interested in Democratic Party politics his entire life.[6] For the following decade, he practiced law before making another unsuccessful bid for the U.S. Senate in 1930.[7] During the 1930s, he became even more politically active, campaigning for Paul McNutt in the 1932 gubernatorial race.[8] After McNutt was elected, the new governor rewarded Minton with his first public office, appointing him public counselor to the Public Service Commission. Minton began his work March 8, 1933, representing the public against utilities companies, and securing rate reductions in hundreds of cases.[9]
In 1934, Minton again ran for Congress on a platform of staunch support for President Franklin Delano Roosevelt and the New Deal. That November 6th, Indiana voters finally sent Minton to Washington.[10] He took his seat in the U.S. Senate next to future President Harry Truman in January 1935.
Minton would serve only one term in Congress, but the experience influenced his later judicial positions. As a member of a committee that investigated utility companies, he helped break up monopolies, work he would later continue from the bench. He was a vocal critic of the Supreme Court decisions that declared several New Deal policies unconstitutional, establishing his long-held view that the Court shouldn’t overturn the will of the people as expressed through their elected officials. And he became a spokesman for the administration, explaining complicated issues (like Roosevelt’s court packing plan) in plain language, a strength he would later bring to his written judicial opinions.[11]
When it came to increasing or strengthening the rights of African Americans, he was swayed neither by the administration nor legislative precedent. Instead, Minton took a moral stand for civil rights. For example, he broke with the administration’s lack of action against lynching by advocating for anti-lynching legislation throughout his term.[12] When opponents to a 1938 anti-lynching bill claimed that the states should regulate lynching, not Congress, Minton noted that there had been eight lynchings the previous year and none were prosecuted. “In other words,” Minton told his fellow senators, “there was 100 percent failure to prosecute the most heinous crime.”[13] He finished with a moral argument for legislative interference to stop lynching, stating:
I am interested in State rights, but I am much more interested in human rights.[14]
Minton was again nominated for his Senate seat in 1940, but lost as the Republican Party swept the Indiana elections. Recognizing his service to the Democratic Party and the administration, in January 1941, President Roosevelt made Minton his administrative assistant. Soon a position on the Seventh Circuit Court of Appeals, a busy federal court located in Chicago, opened, and FDR nominated Minton for this prestigious judgeship. On May 7, 1941, the Senate confirmed the nomination and that October Minton joined the Seventh Circuit bench. [15]
The Seventh Circuit Court of Appeals heard a large number of cases and Minton wrote his share of opinions and dissents in his eight years on the bench in Chicago. Yet, even drawing on this large sample of cases, it can be difficult to understand his judicial philosophy. He seems full of contradictions at times.
An ardent New Dealer, Minton believed the government was responsible for improving the lives of its citizens, which included protecting consumers. Thus, Minton often decided against corporations engaging in monopolistic practices and usually decided for the rights of labor unions. However, it was the greater good of the majority of citizens that moved Minton, not necessarily the rights of individuals. Thus, he often decided in favor of government agencies at the expense of individual rights. This was especially true when the decision could potentially impact national security. Perhaps this is not surprising considering for much of his time on the Seventh Circuit bench, the world was at war and many in the United States feared both foreign and domestic enemy agents.[16]
Minton was dedicated to judicial restraint and upholding legislative intent – two sides of the same coin. In other words, Minton believed that the courts should not overturn congressional legislation which was the will of the people made law. This dovetails with his interest in protecting the rights of the majority. By deferring to Congress, Minton believed he was deferring to the people of the United States who elected the congressmen. But in cases of individual freedoms, his position sometimes put him out of step with his colleagues who saw an opportunity to expand civil liberties through their decisions. Minton was not opposed to increased civil liberties, he just believed that such issues were under the purview of Congress, not the courts. He would adhere to this view as he ascended to the nation’s highest court.[17]
In September 1949, President Harry Truman nominated Sherman Minton, his old friend from their years in the Senate, for the Supreme Court of the United States. Minton was confirmed and took his place on the bench that October.[18] As an Associate Justice of the Supreme Court, Minton maintained his general position of restraint, tendency to side with legislative precedent and the administration against individuals, and his disinclination to overturn the rulings of state courts. Despite this determination, Minton maintained a consistently strong, activist position when it came to civil rights issues, especially desegregation, as evidenced by landmark cases such as McLaurin v. Oklahoma State Regents, Sweatt v. Painter, Brown v. Board of Education, and Barrows v. Jackson.
On June 5, 1950, the Supreme Court decided both McLaurin v. Oklahoma State Regents and Sweatt v. Painter. These cases overturned the “separate but equal” precedent of Plessy v. Ferguson with the Court unanimously deciding that, at the level of graduate school and law school, segregation denied Black students equal educational opportunities, violating their Fourteenth Amendment rights to “equal protection of the laws.”[19] Referring to the separate areas where a Black student was forced to eat and study, Chief Justice Fred Vinson wrote in the Court opinion:
Such restrictions impair and inhibit his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession . . . State imposed restrictions which produce such inequalities cannot be sustained.[20]
These cases provided precedent for the Court’s decision in Brown v. Board of Education of Topeka in 1954. In this historic case, the Court determined that, like the earlier cases dealing with higher education, segregation in public schools also violated the Fourteenth Amendment. In short, the justices determined that there was no such thing as “separate but equal” education. In his opinion, Chief Justice Earl Warren wrote:
We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.[21]
Chief Justice Warren felt that an unanimous decision was essential in Brown in order to convey to the public that the Court was taking a moral as well as a constitutional stand against segregation and that the issue was now decided unequivocally. Imparting that moral argument in the opinion for Brown, Justice Warren wrote:
To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.[22]
Legal historians Linda Gugin and James St. Clair argued that Sherman Minton played a vital role in making these decisions unanimous. The scholars called him “the Court’s strongest team player” because of the warm personal relationships he fostered with his colleagues.[23] Minton was reportedly the only justice welcome in every one of their offices. He regularly organized group lunches and made sure to express his respect for his fellow justices when he dissented from their opinions. It was, therefore, quite possible that Minton was able to convey the importance of a united front on the Brown decision to his undecided colleagues.
Because the opinions in the aforementioned cases were written by the Chief Justice (Vinson for the 1950 cases and Warren in 1954), it is impossible to definitively analyze Minton’s impact on the decisions. However, in the 1953 case of Barrows v. Jackson, Minton penned the Court’s opinion, allowing us a rare opportunity to dissect his thinking and interpret his own views on segregation and civil rights. To summarize the complicated case of Barrows v. Jackson briefly, the white neighbors of Los Angeles resident Leola Jackson were suing her for damages after she sold her house to African American buyers. This sale violated the neighborhood’s “restrictive property covenant,” a clause forbidding the sale of property in the neighborhood to non-white buyers.[24]
In the 1948 case Shelley v. Kraemer, the Supreme Court had ruled that while private discrimination was not unconstitutional, state courts could not enforce restrictive covenants because this would constitute state action in discrimination. Such state involvement would violate the State Action Clause of the Fourteenth Amendment which affirms that “a state cannot make or enforce any law that abridges the privileges or immunities of any citizen.” In other words, white people were free to discriminate against African Americans by refusing to sell them homes in segregated neighborhoods, but the courts could not enforce such segregation or it would be the state itself that was discriminating against African Americans, which was unconstitutional.[25]
White supporters of segregated neighborhoods quickly identified a weakness to exploit in the Shelley decision – the issue of damages. Was it legal for white home owners to sue for damages when their restrictive covenants were violated? If so, this blatant attempt to intimidate white sellers into not selling to Black buyers would make the spirit of Shelley, which was intended to end covenants, null and unenforceable. The Barrowsv. Jackson case would decide if state-sanctioned segregated neighborhoods could continue.[26]
Minton’s decision in Barrows v. Jackson drew on this idea of state action as defined in Shelley and expanded it to finally end restrictive covenants for good. This required an advanced understanding of the technical aspects involved in the case, as well as a morally-based desire to end injustice in housing for African Americans. In order to end the unjust covenant practice, Minton had to engage in some complex legal maneuvering and creative use of precedent.
The first issue Minton addressed in his majority opinion in Barrowsv. Jackson was a relatively straightforward application of the “state action” determination in the Shelley decision. He argued that if the state were to award damages to Jackson’s neighbors for her violation of the covenant, this would constitute “state action.” This would then violate the Fourteenth Amendment State Action Clause.[27]
The major legal challenge Minton resolved with his opinion, was that of the petitioners’ attempt to circumvent Shelley altogether. The white petitioners were not suing the Black buyers for damages, which would have made the discrimination obvious. They were suing the white seller. This was a carefully chosen legal strategy. Traditionally, the Court would not hear cases where the party being impacted, in this case discriminated against, was not present. The attorneys for the neighbors hoped that the case would be dismissed because the rights being violated were that of a third party (the Black buyers), who were not present in the courtroom. Here, Minton flipped the question. He asked the Barrows’ attorneys, “whose constitutional rights would be violated if California failed to award contract damages to the petitioners?” They had to reply “that no one’s rights would be violated.” So, where then was the damage? The petitioners would have to bring the racial issue into the courtroom if they were claiming some damage had been done in selling to a Black buyer.[28]
Minton extended the Shelley decision to cover the missing third party issue by explaining that Jackson had a right to protect herself against the “coercion” of the petitioner. In short, the Shelley decision was intended to stop discrimination against African American buyers. If Jackson had to pay damages for violating the discriminatory covenant that Shelley had intended to invalidate then she would, in fact, be paying for failing to discriminate – a direct contradiction of the intent of Shelley. He determined that the interests of Jackson and the Black buyers were closely enough aligned that Jackson represented the buyers. Thus there was no missing third party and racial discrimination was the inherent issue.[29]
Minton had little tolerance for the petitioners’ blatant attempt to circumvent the Shelley decision through such lawsuits aimed at technicalities. And he had no tolerance for continued discrimination against African Americans. He summed up his thinking eloquently and passionately in his written opinion:
The relation between the coercion exerted on respondent [Jackson] and her possible pecuniary loss thereby is so close to the purpose of the restrictive covenant to violate the constitutional rights of those discriminated against, that respondent is the only effective adversary of the unworthy covenant in its last stand. She will be permitted to protect herself and, by so doing, close the gap to the use of this covenant, so universally condemned by the courts.[30]
Minton and his clerks cited several other cases, notably Pierce v. Society of Sisters, and wrote careful clauses further defining the third party issue. [See complete legal analysis here]. In summary, Minton closed the last loophole allowing restrictive covenants and state-sanctioned segregation. Legal scholars Gugin and St. Clair summarized the final decision thusly:
The court moved to make restrictive covenants virtually unenforceable in state courts by ruling that state courts cannot award damages when a restrictive covenant is violated because it is tantamount to the state itself discriminating on the basis of race, which it may not do under the Fourteenth Amendment.[31]
Minton’s arguments as forwarded in his written opinion in Barrows v. Jackson may stand as his finest judicial moment. Gugin and St. Clair called it “Minton’s most memorable opinion” and noted that “he was praised in law review articles for his imaginative approach.”[32] In fact, the Barrows decision has been classed among the most important desegregation events of the Civil Rights Era. Although Barrows determined that the state would not discriminate, de facto segregation continued.
In fact, neighborhoods remain segregated to this day. The real estate opportunities afforded white Americans and denied Black Americans in the 1950s helped widen the economic disparity between races. “White flight” from cities and government subsidies for suburbs have created new segregated neighborhoods. Zoning, housing codes, gentrification, and low-income housing areas have further separated economic classes, divided along racial lines. Recently, the Covid-19 pandemic further highlighted this disparity. More than twice as many Black Americans died as a result of “the inequitable living conditions, work circumstances, underlying conditions, and lower access to health care that characterize segregated neighborhoods.” According to the Brookings Institute:
Public policy and industry practice have produced a separate and unequal landscape of American neighborhoods, propagating multigenerational negative impacts on health, social mobility, and wealth for people of color as well as harmful divisions in our economy and society.[33]
As the Supreme Court decided in the desegregation cases when Minton sat on the bench in the 1950s, there is no such thing as separate but equal. The work for equal rights for Black Americans and the perfection of the promises made in the United States Constitution continues.
Notes
[1]1900 United States Federal Census, Georgetown Township, Floyd County, Indiana, page 8, line 36, Enumeration District: 0054; FHL microfilm: 1240371, Washington, D.C.: National Archives and Records Administration, accessed AncestryLibrary.com.; “Twenty Pupils Suspended,” Plymouth Tribune, February 25, 1909, 4, accessed Hoosier State Chronicles.; Linda C. Gugin and James E. St. Clair, Sherman Minton: New Deal Senator, Cold War Justice (Indianapolis: Indiana Historical Society, 1997), 38-44.
[2] “Indiana University Debaters Who Will Meet Illinois and Ohio Orators in Annual Contest,” Indianapolis News, March 13, 1913, 4, accessed Newspapers.com.; “Minton, Star Half Appears on Field,” South Bend Tribune, November 19, 1913, 12, accessed Newspapers.com.; “Bryan Prize is Awarded,” Indianapolis Star, April 9, 1914, 18, accessed Newspapers.com.; “Lineup for Sunday’s Game,” Bloomington Evening World, April 23, 1915, 1, Newspapers.com.; “Medic and Law Graduate List,” Bloomington Evening World, May 28, 1915, 5, accessed Newspapers.com.
[3] “News of the Colleges,” Indianapolis News, September 29, 1915, 12, accessed Newspapers.com.; “Minton Enters Yale,” Bloomington Evening World, September 29, 1915, 1, accessed Newspapers.com.; 1920 Alumni Directory of Yale University (New Haven: Yale University, 1920), 541, accessed HathiTrust.
[4] Gugin and St. Clair, 52.
[5] Sherman Minton Draft Registration Card, June 1, 1917, Floyd County, Indiana, Form 522, No. 46, U.S. World War I Draft Registration Cards, 1917-1918, accessed AncestryLibrary.com.; “In Second Training Camp,” Indianapolis News, August 14, 1917, 3, accessed Hoosier State Chronicles.; U.S. Army, Passenger List of Organizations and Casuals Returning to the United States, July 7, 1919, Records of the Office of the Quartermaster General, 1774-1985; National Archives at College Park, Record Group 92, Roll or Box 125, U.S., Army Transport Service Arriving and Departing Passenger Lists, 1910-1939, accessed AncestryLibrary.com.
[6] “Soldier Announces His Candidacy for Congress,” Jasper Herald, December 5, 1919, 1, accessed Newspapers.com.; “J. W. Ewing Wins Third District Nomination,” Richmond Palladium and Sun-Telegram, May 8, 1920, 10, accessed Newspapers.com.
[7] “Democrats to Open Campaign Sept. 18,” Seymour Daily Tribune, September 13, 1914, 1, accessed Newspapers.com.; “Democratic Speakings Announced for County,” Brownstown Banner, September 17, 1924, 1, accessed Newspapers.com.; “Sherman Minton Has Brilliant Record,” Jeffersonville Evening News, reprinted Jasper Herald, January 24, 1930, 4, accessed Newspapers.com; Sherman Minton, “To The Voters of Dubois Co,” Jasper Herald, May 16, 1930, 4, accessed Newspapers.com.; “Democrats in Jasper Rally,” Bedford Daily Mail, October 15, 1930, 1, accessed Newspapers.com.
[8] “Meeting Shows M’Nutt Backing,” Indianapolis Star, February 8, 1932, 1, accessed Newspapers.com.; “McNutt Meeting Set for Tonight,” Boonville Enquirer, April 29, 1932, 1, accessed Newspapers.com.
[9] Ralph L. Brooks, “State’s Commerce-Industry Division Affects All Citizens,” Indianapolis Sunday Star, September 17, 1933, 57, accessed Newspapers.com.
[10] “Republicans Sweep City, County; Minton Beats Robinson in Race for Senate Seat,” Lafayette Journal and Courier, November 7, 1934, 1, accessed Newspapers.com.; “Minton Leads Lake Ticket,” Hammond Times, November 8, 1934, 1, accessed Newspapers.com.; “Minton Winner,” Boonville Enquirer, November 9, 1934, 1, accessed Newspapers.com.
[11] Gugin and St. Clair, Chapter Four: “Fulfilling His New Deal Promise.”
[12] “Senators Agree on One Point,” Muncie Evening Press,” August 6, 1937, 22, accessed Newspapers.com.; “May Use Anti-Lynch Bill in Filibuster,” Baltimore Sun, November 25, 1940, 7, accessed Newspapers.com.
[13] Congressional Record, 75th Congress, 3rd Session, 1938, vol. 83:2. 1931-45, cited in Gugin and St. Clair, 115.
[14] Ibid.
[15] “Sherman Minton Is Named to Circuit Court of Appeals,” Muncie Evening Press, May 7, 1941, 1, accessed Newspapers.com.; “Minton Sworn In as U.S. Judge,” Indianapolis Star, May 31, 1941, 11, accessed Newspapers.com.; “Induction Today,” Chicago Tribune, October 7, 1941, 3, accessed Newspapers.com.; “Minton Becomes U.S. Judge, Says Good-by, Politics,” Chicago Tribune, October 8, 1941, 3, accessed Newspapers.com.
[16] Gugin and St. Clair, Chapter Seven: “A Faithful Disciple of Judicial Restraint.”
[17] Ibid.
[18] “Names Minton to High Court,” Terre Haute Tribune, September 15, 1949, 1, accessed Newspapers.com.; “Minton Is Confirmed for Court, 48 to 16,” New York Times, October 5, 1949, 1, accessed timesmachine.nytimes.com.; “Hoosier Sworn In As Supreme Court Justice,” Muncie Evening Press, October 12, 1949, 1, accessed Newspapers.com.; “Minton Sworn In As Supreme Court Justice,” New York Times, October 13, 1949, 18, accessed timesmachine.nytimes.com.
[19] Supreme Court of the United States, McLaurin v. Oklahoma State Regents for Higher Education et al., Decided June 5, 1950, 339 U.S. 637, Legal Information Institute.; Supreme Court of the United States, Sweatt v. Painter et al., Decided June 5, 1950, 339 U.S. 629, Legal Information Institute, Cornell Law School.
[20] Supreme Court, McLaurin v. Oklahoma State.
[21] Supreme Court of the United States, Brown et al. v. Board of Education of Topeka et al., Decided May 17, 1954, 347 U.S. 483, Legal Information Institute, Cornell Law School.
[22] Ibid.
[23] Gugin and St. Clair, 263.
[24] Supreme Court of the United States, Barrows et al. v. Jackson, Decided June 15, 1953, 346 U.S. 249, Legal Information Institute, Cornell Law School.
[25] Supreme Court of the United States, Shelley et ux. v. Kraemer et ux. McGhee et ux. v. Sipes et al., Decided May 3, 1948, 334 U.S. 1, Legal Information Institute, Cornell Law School.