Social Justice – Page 4 – The Indiana History Blog

The Unlikely Civil Rights Legacy of Supreme Court Justice Sherman Minton

“Sherman Minton,” photograph, n.d., Rare Books and Manuscripts, Indiana State Library, accessed Indiana State Library Digital Collections.

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.

New Albany High School, The Vista, 1909, accessed Maurer School of Law History and Archives, Indiana University. Sherman Minton is second from the left.

Indiana University, The Arbutus for Nineteen Thirteen, “U.S., School Yearbooks, 1880-2012,” accessed AncestryLibrary.com

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]

Indianapolis Star, May 24, 1932, 3, accessed Newspapers.com.

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.

Tampa Morning Tribune, January 3, 1935, 2, accessed Newspapers.com

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]

Chicago Tribune, October 7, 1941, 2, accessed Newspapers.com

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]

New York Daily News, March 30, 1948, 57, accessed Newspapers.com.

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]

Indianapolis Times, October 12, 1949, 1, accessed Hoosier State Chronicles.

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.

“George W. McLaurin,” photograph, n.d., Oklahoma Publishing Company Photography Collection, accessed Oklahoma Historical Society.

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]

Alabama Tribune, February 17, 1950, 1, accessed Newspapers.com.

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]

“English Class at Moton High School,” photograph, 1914, Brown v. Board of Education, National Archives. National Archives caption: English class at Moton High School, a school for Black students, one of several photographs entered as evidence in the case Davis v. County School Board of Prince Edward County, Virginia, which was one of five cases that the Supreme Court consolidated under Brown v. Board of Education, ca. 1951

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.

Greencastle Daily Banner, November 17, 1953, 4, accessed Hoosier State Chronicles.

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 Barrows v. Jackson case would decide if state-sanctioned segregated neighborhoods could continue.[26]

Alabama Tribune, April 24, 1953, 5, accessed Newspapers.com.

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 Barrows v. 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]

Indianapolis Recorder, June 20, 1953, 7, accessed Hoosier State Chronicles.

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]

California Eagle, June 18, 1953, 2, accessed Newspapers.com

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.

Tracy Hadden Loh, Christopher Coes, and Becca Buthe, “The Great Real Estate Reset,” December 16, 2020, accessed Brookings.

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.

[26] David N. Atkinson, “Justice Sherman Minton and the Protection of Minority Rights,” Washington and Lee Law Review 34, iss. 1 (1997): 97-117, accessed Washington and Lee University School of Law Scholarly Commons.

[27] Supreme Court, Barrows et al. v. Jackson.

[28] Ibid.; Atkinson, 109.

[29] Ibid.

[30] Supreme Court, Barrows et al. v. Jackson.

[31] Gugin and St. Clair, 248.

[32] Ibid., 248-49.

[33] Tracy Hadden Loh, Christopher Coes, and Becca Buthe, “The Great Real Estate Reset,” December 16, 2020, Brookings Institute.

How IU’s Thomas Atkins Proved that “Power is Colorless”

Thomas Atkins, 1961, Arbutus yearbook, accessed Indiana University Archives Photograph Collection.

Residents at Smithwood Hall, a racially-integrated women’s dormitory at Indiana University, pelted objects from their windows on April 8, 1960. This did little to drive away the students who surrounded the building, singing segregation songs with lyrics like “Glory, glory Governor Faubus, the South shall rise again” and “Let’s all go to n****r haven.” Not until campus police arrived did the emboldened protesters finally disperse. The reason for their ire? The university had just elected its first African American student body president, Elkhart native Thomas I. Atkins. In fact, he was the first Black student to serve as president of a Big Ten school.

Protesters apparently targeted the dorm “commonly regarded as the key housing unit in campus elections” because residents voted narrowly in favor of Atkins, 388-372. As Thursday night crept into Friday morning, sisters at Alpha Phi discovered a burning cross—a signature of the Ku Klux Klan—on the white sorority’s lawn. It was rumored that some felt the sisters’ voting apathy resulted in Atkin’s victory. Under the cloak of darkness, approximately 400 students congregated at the center of campus, some waving Confederate flags and others shouting that “a bunch of beatniks” had engineered the victory. Before they could hang an effigy of Atkins, campus police broke up the protesters. The hate-filled demonstrations resumed Friday evening, when another fiery cross was found near housing for married students. Leo Downing, dean of students, noted wryly, “‘Our so-called ‘Klan element’ was really stymied in this election. . . . They either had to vote for Atkins, who is a Negro, or for [Mike] Dann, who is Jewish.'”

Campaign poster, 1960, accessed accessed Indiana University Archives Photograph Collection.

Atkins, described by the Indianapolis Recorder as a “mild-mannered honor student and speaker pro tem of the student senate,” responded graciously, stating he would ignore the protests as “‘not representing the Indiana University student body.'”[1] The backlash he experienced would follow him throughout his prolific civil rights law career, but his time in Bloomington helped him learn how to withstand it.

No stranger to adversity, Atkins recalled that after contracting polio at the age of five, doctors told him he would need to use crutches his entire life. Three years later, he was walking unassisted and in 1982 told the Boston Globe “‘One thing [polio] did was convince me that nothing was impossible.'” Developing tenacity at a young age served him well when Elkhart’s elementary schools “accidentally” integrated after the Black school collapsed and the town could not afford to rebuild it. Fearing for his safety, the third grader lined his pockets with rocks the first days he attended the desegregated elementary school. As a teenager at Elkhart High School, he accomplished what he would at IU: being elected as the school’s first Black student body president.

* * *

The backlash at Indiana University failed to tamp Atkins’s ambitions and the following month, the Muncie Evening Press announced he was the school’s first student to receive the U.S. Experiment in International Living grant. This allowed him to temporarily live in Turkey, where he gained insights for his thesis, “The Role of the Military in Turkish Society.” The Senior, who stayed with an Istanbul family of three, returned home in October and concluded that Turks “cannot see how the United States can propose to lead the free world and still have racial prejudice at home.” The following month he was one of three IU students nominated for a Rhodes Scholarship, which would fund three years of study at England’s Oxford University. So esteemed was Atkins that he was selected as one of twelve Board of Aeons students to advise university president Herman B Wells. In one instance, President Wells called upon him to convince discriminatory Bloomington barbers to cut Black students’ hair. Wells and Atkins convened a meeting with the barbers and, through compromise, got the barbers to agree to cut students’ hair regardless of their race.[2]

Thomas Atkins with Herman B Wells (left) and 1959-1960 student body president John Nash (back), IU News Bureau, accessed Indiana University Archives Photograph Collection.

Indianapolis Star, November 6, 1960, 18, accessed Newspapers.com.

ca. 1960-1961, accessed Indiana University Archives Photograph Collection.

While setting himself up for professional success, Atkins made a significant and controversial decision in his personal life. Seven years before the landmark Loving v. Virginia case, in which the Supreme Court ended bans on interracial marriage, Atkins married white South Bend native Sharon Soash. Reportedly, the couple met playing with the Indiana all-state high school orchestra, and in college carpooled to the South Bend-Elkhart area from Bloomington during holiday breaks. Soash had served as Atkins’s student body campaign manger and recently graduated from IU with a history major.

“Parents Against Mixed Marriage,” Terre Haute Tribune, January 1, 1961, accessed Newspapers.com.

So taboo was their romance, that just before the wedding one photographer staked out at Thomas’s mother’s house in an attempt to snap a picture of the couple; he was quickly rebuffed. While Soash’s father considered Atkins to be a gentleman, he tried to talk her out of the marriage. Unable to be dissuaded, they tied the knot in Cassopolis, Michigan because, according to the Boston Globe, interracial marriage was illegal in Indiana. The newlyweds planned to return to Bloomington and live in a married housing unit, where they no doubt experienced their share of harassment. Now with a spouse to consider, Atkins decided to withdraw from the Rhodes scholarship nomination process.

The South Bend Tribune reported that both Atkins planned to pursue careers in national diplomacy, a field undoubtedly in-demand during the early Cold War years.[3] Thomas was well on his way to this goal after earning a Woodrow Wilson Fellowship, which enabled him to pursue graduate studies at Harvard University. While there, a Ford Foundation fellowship allowed him to train in Arabic and Middle Eastern studies and earn his Masters in 1963. In fact, the Indianapolis Star reported that Atkins earned an astonishing twelve educational fellowships, five of which were from Harvard. Despite his international ambitions, he ultimately chose to fight on the “homefront” while working towards his law degree at the Ivy League school.

That homefront was Boston, where Black parents’ charges of de facto segregation in its public school system had routinely fallen on deaf ears. Atkins turned up the volume as the local NAACP branch’s executive secretary. His knowledge of the law, appreciation of educational opportunities, and ability to withstand racially-charged backlash, made the 25-year-old an ideal advocate for the city’s Black youth. Atkins and other NAACP leaders organized a series of protests beginning in the spring of 1963, like the June 18 “Stay Out for Freedom.” In lieu of school, approximately 8,000 junior and high school students met at ten designated “Freedom Centers,” like St. Mark’s Social Center, where they discussed the Black liberation movement and learned about citizenship. The organizers’ goal was simple: get the Boston School Committee to admit that de facto segregation was present in the district. Atkins summarized “We have not asked the committee to sign away its soul in blood, but merely admit that such a condition exists.” However, the committee refused to concede this fact—and would continue to do so for years.

The assassination of Medgar Evers, a Black WWII veteran and Mississippi NAACP Field Secretary, just days prior to the “Stay Out for Freedom” event underlined the need to fight for racial equality. Atkins served as master of ceremonies at a June 26th memorial service for the slain activist at Parkman Bandstand. Over 15,000 Bostonians turned out to pay their respects and march against injustice. Recognizing that protest must be coupled with policy in order to be effective, Atkins and other leaders hosted a voter registration drive at the memorial service.

Boston Globe, July 29, 1963, 6, accessed Newspapers.com.

Adding to their tactical repertoire, on July 29 Atkins and other activists blocked School Committee members from entering committee headquarters, threatening to do so every day until members agree to meet with NAACP’s Education Committee. Picketers handed out pamphlets to passersby about the “deplorable conditions of the Roxbury schools” and marched carrying signs that read:

“Stop Jim Crow Teacher Assignments”
“Why No Negro Principals?”
“Would You be Patient?”
“Don’t Shoot Us in the Back”

The battle lines firmly drawn, Chairman of the School Committee Louise Day Hicks responded that “Parades, demonstrations and sit-ins may appeal to the exhibitions, but they will not help the Negro school child who everybody admits does need help.”

Fed up with being stonewalled, Atkins, on behalf of the NAACP, issued an ultimatum to the School Committee the following day, stating it had until August 2 to meet or face bigger demonstrations. Atkins wrote, “It is launched with utmost regret, for the Branch would by far prefer the relatively quiescent atmosphere of the bargaining table to the commotion and clamor surrounding a picket line.” In issuing the ultimatum, Atkins advised the School Committee to consider:

Whether they are willing to accept the moral responsibility for this demonstration and as to whether they are willing to accept the political responsibility of having another debit chalked up on an accounting sheet which already show many more debits than credits in the areas of civil rights.

When that meeting did take place, School Committee members refused to discuss segregation. The longer the dispute went on, the more entrenched both sides grew. Although critical city officials categorized the conflict as a battle of semantics, Atkins and other leaders refused to move the goal post: without addressing segregation’s existence, equality would be impossible. Local reformer Susan Batson explained that de facto “was the most evil kind” of segregation because “no one is responsible and some say it doesn’t exist.”

Boston Globe, September 6, 1963, 1, accessed Newspapers.com.

Surely, the historic March on Washington for Jobs and Freedom in August—at which Martin Luther King Jr. delivered his “I Have a Dream” speech—further empowered Boston leaders, who organized a “sleep-in” at School Committee headquarters. Such demonstrations drew the ire of committee member Joseph Lee, who called NAACP protesters “frauds, mountebanks, and charlatans.” Further, he contended:

they are clearly doing all in their power to obstruct the education of the Negro-American school child in Boston, so that they can perpetually pose as a potential Moses to lead the deprived pupil out of such imposed intellectual bondage–and at the same time pose as saviors to gull [sic?] a handsome living out of white dupers.

To these allegations, Atkins responded as he did to the IU demonstrations, with measured aplomb, stating, “I think it’s amusing.” He suggested that white residents and school committee members were shaken because “The Negro wasn’t proud of being a Negro before. Now he is. There isn’t a Negro Problem in Boston—there is a Boston problem.” But when it became clear that the committee would not recognize segregation, Atkins focused on leveraging the Black vote. If activists couldn’t get committee members to change their minds, they would change committee members.

“6000 March for Rights in Boston,” Boston Globe, September 23, 1963, 1, accessed Newspapers.com.

That summer, Atkins arranged for mobile registration booths to sweep the city in preparation for the elections. Before an audience of 6,000, gathered at the dilapidated Sherwin School on September 23, he urged, “Don’t complain-vote!,” foreshadowing the pleas of President Obama in 2016. Atkins framed voting as a form of self-help; to not do so would allow the school system to continue to “insult” and “ignore us.” He reminded the crowd that “Abraham Lincoln didn’t free you! He issued a document that has been studiously ignored for 100 years!” While Black and white children played on the playground, their parents sang emancipation anthems like “We Shall Overcome.” The audience also participated in a moment of silence to honor of the victims of the Birmingham bombing that took place just days earlier, another somber reminder of the injustices Black Americans faced.[4]

“Playground Integrated,” Boston Globe, September 23, 1963, 5, accessed Newspapers.com.

With all hands on deck, the NAACP branch set out to collect voters’ signatures, registering 600 new voters in the predominantly-Black Ward #12 by the time polls closed on November 2. This was double the number of new Ward 12 voters registered in 1959. Now all that was left to do was wait as the election results rolled in.

Despite all their picketing, press conferences, and political campaigning, Atkins and fellow activists were dealt a blow when voters reelected each of the School Committee members. In fact, chairman Louise Day Hicks received more votes than even the mayor. Bostonians all but confirmed they agreed with the policy of “separate but equal.” But Atkins’s ability to mobilize Black voters helped sow the seeds of enduring political activism. According to the NAACP, 80% of eligible voters in Black wards turned out to cast their ballots, a percentage staggeringly higher than the 58% turnout in Boston’s other wards.

Atkins’s campaign to desegregate the school district—an effort that would require years of agitation—served another purpose, the Boston Globe noted. The city no longer looked to the South for news of the “Negro revolution.” Chants of liberation resounded in Boston’s streets, and the Globe reported civil rights is now “on the lips of cab drivers and politicians, housewives and factory workers.” The Globe added that the Civil Rights Movement is not an “accidental ripple of the national wave of protest. It is well-planned and seriously developed by a small, devoted band of persons,” Atkins, being one of them. He “has been instrumental in the carrying out of the vigorous, new approach” of the NAACP. The Boston transplant helped inspire a new militancy in the fight for Black liberation, which would culminate later in the decade with the Black Power Movement.[5]

Thomas Atkins, as NAACP executive secretary, leading a beach-in at Carson Beach to advocate for open public facilities in 1975, Boston Globe, June 29, 2008, 16, accessed Newspapers.com.

The 1963 electoral defeat hardly took the wind out of Atkins’s sails. He worked for educational and employment equality when elected Boston’s first Black city councilman in 1967. Richard Hatcher’s election in Gary, Indiana—making him one of the first Black mayors of a large US city—that same year spoke to incremental gains in political representation for African Americans. In the tumultuous year of 1969, Atkins earned his law degree and went on to become a nationally-renowned civil rights lawyer. He continued to work with the NAACP to fight for Boston’s Black students in the 1970s and 1980s, overseeing the safe implementation of busing as a means of integration. In trying to mitigate the harassment and violence directed at Black children bused to new schools, he perhaps recalled his own childhood fears of attending Elkhart’s newly-desegregated school.

An NAACP survey inquiring about the challenges South Boston High School students faced in the 1970s confirmed the inadequacy of the education they had received. Atkins recalled:

I was sitting in my office one night, and I reached into my briefcase and here were these forms. So I took them out, and I began sort of absently to read through them. As I read through one after another of these forms, what I saw was that these kids couldn’t spell. They could not write a simple declaratory sentence. And as I read these forms, none of which were grammatically correct or spelling proper, I just started to cry. It was impossible to explain the feeling of pain on the one hand, but on the other hand, I knew we were right.

Indianapolis News, November 9, 1967, 6, accessed Newspapers.com.

Anguish spurred action and Atkins became what The Times, of Munster, Indiana, described as “one of the most active and successful civil rights lawyers in the nation.” He filed segregation suits against school systems in Hammond and Indianapolis, Indiana; Cleveland and Columbus, Ohio; Benton Harbor and Detroit, Michigan; and San Francisco. One activist noted “There’s no place where Tom Atkins wasn’t influential.” According to his son, this prolific work made him a target of death threats and ultimately he left his Roxbury home for the protection of his family. His son described Atkins “running chicken wire over windows to block Molotov cocktails and installing spigots throughout the seven-bedroom house to connect the hoses for fighting fires.” [6]

* * *

In 1994, Atkins returned to his alma mater for the dedication of IU’s new Thomas I. Atkins Living/Learning Center. On a campus once pockmarked with fiery crosses, stood a residence hall that focused on “academic excellence and cultural awareness-specifically, the culture and history of African and African-Americans.” While social progress had been made since the 1960s, racial issues persisted. The dormitory hoped to change that by facilitating discussions among various races and improve how students related to one another. With the new center, the campus also hoped to attract more Black students, an issue Atkins addressed at his 1994 visit. He said “Leadership is not made of being the first follower. . . . IU needs to get out in front and I don’t think the university has done that sufficiently. I hope IU accepts the challenge to get it done.” After all, “without education, the door is locked” to American minorities.

Times-Mail (Bedford), November 20, 1994, 25, accessed Newspapers.com.

In his 50s, doctors diagnosed Atkins with Lou Gehrig’s disease. He was determined to overcome it through grit and hard work, as he had when afflicted with polio, stating “I believe miracles are usually man-made.” As the disease progressed, the Boston Globe noted he “continued to assist on cases even after he needed his son to translate his slurred speech and a special computer arm to help him peck out sentences.” The indomitable Atkins succumbed to the disease in June 2008, just months before voters elected Barack Obama the nation’s first African American president. His historic election came on the heels of work done by fearless leaders like Atkins, who the Boston Globe described as a “humanist” with a “steely resolve.” His time in Elkhart and Bloomington helped cultivate this unique blend of empathy and empowerment, best summarized by one of Atkins’s favorite sayings: “Power is colorless. . . . It’s like water. You can drink it or you can drown in it.” [7]

Sources:

[1] “Another Cross Burned After Negro’s Win,” The Times (Munster), April 10, 1960, 6, accessed Newspapers.com.; “Campus Demonstration Follows Election of I.U. Negro Student,” Rushville Republican, April 8, 1960, 1, accessed Newspapers.com.; “Segregation Demonstration Held at I.U.,” Anderson Herald, April 10, 1960, 18, accessed Newspapers.com.; “Whites Attempt to ‘Hang’ in Effigy, Negro Prexy [sic?] at IU,” Indianapolis Recorder, April 16, 1960, 1, accessed Hoosier State Chronicles.

[2] “3 Seek Rhodes Scholarship,” Indianapolis Star, November 6, 1960, 18, accessed Newspapers.com.; “Foreign Study Grant to Indiana Studied,” Muncie Evening Press, May 27, 1960, 7, accessed Newspapers.com.; “Thomas I. Atkins, Rights Champion and City Councilor, Dies,” Boston Globe, June 29, 2018, 16, accessed Newspapers.com.; “Turks Believe Race Prejudice Moral Question,” Indianapolis Star, October 3, 1960, 22, accessed Newspapers.com.; Andrew Welsh-Huggins, “Atkins a Campus Activist since 1960,” Times-Mail (Bedford), November 20, 1994, 25, accessed Newspapers.com.

[3] Erin Moskowitz and Mark Feeney, “Civil Rights Trailblazer Atkins Dies at 69,” Boston Globe, June 29, 2008, accessed Boston.com.; John H. Gamble, “Atkins and Bride Look to Career,” South Bend Tribune, January 1, 1961, accessed Newspapers.com.; “Parents Against Mixed Marriage,” Terre Haute Tribune, January 1, 1961, 1, accessed Newspapers.com.; “Student Leaders in Interracial Nuptials in Mich.,” Indianapolis Recorder, January 7, 1961, 7, accessed Hoosier State Chronicles.; “Thomas I. Atkins, Rights Champion and City Councilor, Dies,” Boston Globe, June 29, 2018, 16, accessed Newspapers.com.; “White Girl Marries Negro I.U. Leader,” South Bend Tribune, December 31, 1960, 1, accessed Newspapers.com.

[4] “14 Get Wilson Grants at N.D.,” South Bend Tribune, March 13, 1961, 16, accessed Newspapers.com.; “15,000 to Mourn Evers Here,” Boston Globe, June 26, 1963, 7, accessed Newspapers.com.; “Atkins Named Director of Federal Bank,” South Bend Tribune, January 9, 1980, 16, accessed Newspapers.com.; Boston Globe, July 29, 1963, 1, 6, accessed Newspapers.com.; Boston Globe, June 17, 1963, 1, 3, accessed Newspapers.com.; “Elkhart Native Seeks Boston Mayoral Bid,” Indianapolis Star, May 13, 1971, 13, accessed Newspapers.com.; “Fellowship to Elkhartan,” South Bend Tribune, June 1, 1962, 20, accessed Newspapers.com.; Ian Forman, “De Facto Sleeping Giant in Mrs. Hicks’ Smash Win,” Boston Globe, November 6, 1963, 1, 29, accessed Newspapers.com.; “Hub School Boycott Planned by Negroes,”1963 Year of Ferment for Negroes in Boston,” Boston Globe, December 25, 1963, 43, accessed Newspapers.com; Boston Globe, June 13, 1963, 12, accessed Newspapers.com.; Robert L. Levey, “Does Bias Win Votes in the Hub?,” Boston Globe, August 20, 1963, 11, accessed Newspapers.com.; Robert L. Levey, “‘Don’t Complain-Vote,’ Atkins Urges Negroes,” Boston Globe, September 23, 1963, 1, accessed Newspapers.com.; Robert L. Levey, “How Hub Negro Protest Gains,” Boston Globe, December 8, 1963, 75, accessed Newspapers.com.; “Mrs. Hicks Asks Brooke Help Halt School Boycott,” Boston Globe, June 14, 1963, 1, accessed Newspapers.com.; Richard J. Connolly, “New Demonstrations Due: Hot Words Fly in Sit-In Fight,” Boston Globe, September 8, 1963, 1, 22-25, accessed Newspapers.com.; “Some 3,000 Boston Negro Pupils Boycott Classes in Mass Protest,” North Adams Transcript (Massachusetts), June 18, 1963, 1, accessed Newspapers.com.; “Text of a Statement Read by Thomas Atkins, Executive Secretary of the Boston Branch NAACP, Concerning Direct Action to Be Taken Against the Boston School Committee,” July 30, 1963, Boston Public Schools Desegregation Project, Northeastern University Library Digital Repository Service.

[5] Robert L. Levey, “How Hub Negro Protest Gains,” Boston Globe, December 8, 1963, 75, accessed Newspapers.com.; “N.A.A.C.P.: Vote on ‘Racial Basis,” Boston Globe, November 6, 1963, 29, accessed Newspapers.com.; “Political ‘Consciousness’ is Sweeping Negroes,” Pittsburgh Courier, November 2, 1963, 5, accessed Newspapers.com.

[6] Associated Press, “Negroes Win Many Races,” Spokane Daily Chronicle, November 8, 1967, accessed Google News.;”Discrimination Charges Aired,” The Times (Munster, IN), August 8, 1978, 17, accessed Newspapers.com.; “Education for Blacks is Issue–Not Busing,” Palladium-Item (Richmond, IN), September 9, 1981, 9, accessed Newspapers.com.; Felicia Gayle, “Integration Suit Begins,” The Times (Munster, IN), July 27, 1979, 1, accessed Newspapers.com.; Steven Hansen, “Activist Profiled,” The Times (Munster, IN), August 24, 1978, 11, accessed Newspapers.com.; Eric Moskowitz and Mark Feeney, “Civil Rights Trailblazer Atkins Dies at 69,” Boston Globe, June 29, 2008, B3, accessed Newspapers.com.; “NAACP Lawyer Faces Arrest,” South Bend Tribune, July 26, 1978, 3, accessed Newspapers.com.; “New Boston Councilman,” Indianapolis News, November 9, 1967, 6, accessed Newspapers.com.; David M. Rosen, “Boston May Call in U.S. Marshals,” The Republic (Columbus, IN), October 8, 1974, 13, accessed Newspapers.com.; Howard M. Smulevitz, “IPS Desegregation Plan Calls for Busing of 41,000 Pupils,” Indianapolis Star, November 14, 1978, 2, accessed Newspapers.com.; Howard M. Smulevitz, “Ohio Decisions Seen Lending Weight to Dillin’s Busing Stand,” Indianapolis Star, July 3, 1979, 9, accessed Newspaper.com.; Transcript, “The Keys to the Kingdom (1974-1980),” Eyes on the Prize: America’s Civil Rights Movement, 1954-1985, accessed PBS.org.

[7] “A Boston Pioneer and his Mark,” Boston Globe, July 1, 2008, 10, accessed Newspapers.com.; Lejene Breckenridge, “Achievements of Ex-Elkhartan Honored at I.U.,” South Bend Tribune, January 3, 1995, 1, accessed Newspapers.com.; Lauren Fagan, “Civil Rights Attorney, Elkhart Native Atkins Dies,” South Bend Tribune, July 2, 2008, B3, accessed Newspapers.com.; Eric Moskowitz and Mark Feeney, “Civil Rights Trailblazer Atkins Dies at 69,” Boston Globe, June 29, 2008, B3, accessed Newspapers.com.; Andrew Welsh-Huggins, “Exploring the Culture of Color,” and “Atkins a Campus Activist since 1960,” Times-Mail (Bedford), November 20, 1994, 25, accessed Newspapers.com.

Injustice, Genocide, and “Survivance”: Re-centering the Potawatomi at Sycamore Row, Part Two

This is Part Two of a two-part post.

In Part One we presented the text for a new marker at Sycamore Row in Carroll County, Indiana which will replace a 1963 marker that was recently damaged. This new text focuses less on unverifiable legends about sycamore trees sprouting along the Old Michigan Road told by the original marker text, in order to make room for the history of the Potawatomi that is intertwined with the creation of the road. The new marker still tells the story of the trees and their preservation—history that the local community values—but it now also hints at the complex history of the injustices the U.S. perpetuated against the Potawatomi. The marker’s limited space doesn’t allow IHB to tell the larger story, so we are expanding on that here. This story of injustice, genocide, and survivance* is often lost by historians presenting a version of Indiana history as a march towards progress. To truly understand our state’s history and the atrocities perpetuated in the name of that “progress,” we must re-center the Potawatomi and other indigenous People in that story.

“Me-Te-A, A Pottawatimie Chief,” n.d., lithograph, Allen County – Fort Wayne Historical Society Collection, Purdue University Fort Wayne, accessed Indiana Memory.

Potawatomi Removal, Genocide, Resistance, and Survivance

The Potawatomi lived in the land now called the United States for centuries before European people settled here. By the 13th century, but likely earlier, the Potawatomi (then the Bodewadmi) were living in what is now Eastern Canada and the Northeastern United States. They were one of a group of Algonquin-speaking tribes united with the Odawa (Ottawa) and Ojibwe (Chippewa) into a collective called Nishnabe, which still exists to this day. (Learn more about the history of the Potawatomi through the Citizen Potawatomi Cultural Heritage Center). [1]

Over the centuries, the Potawatomi migrated inland as their prophets had predicted, settling around the Great Lakes Region. Potawatomi men fished and hunted deer, elk, and beaver. Potawatomi women maintained areas of cultivated crops, which have usually been referred to as gardens, but according to historian and professor Jeffrey Ostler, these plots should be recognized as farms. Some of them were as large as 100 acres or more, surrounded by fences and producing bounties of corn, beans, pumpkins, and wheat. According to the Milwaukee Public Museum, in the winter, the Potawatomi lived in small groups coordinated with specific hunting territories. In the spring, they gathered in large villages for communal hunting and food production. Required to marry outside of one’s own community, Potawatomi people created a network of social bonds through these marriages. Trade also strengthened these relationships between communities. The Potawatomi did not have a chief that spoke for the entire tribe, but instead, village heads who met in council with the leaders of other Potawatomi communities to make decisions through intricate diplomatic negotiations. Recognizing this decentralized system of government is important in understanding the duplicitous treatymaking explained later in this post.[2]

After clashes with the Iroquois in the 17th century, the Potawatomi lived peacefully, and for a time, enjoyed a mutually beneficial partnership with French trappers in the 18th century, according to John Boursaw, a member of the Citizen Potawatomi Nation and former director of the Citizen Potawatomi Cultural Heritage Center (CPCHC). However, when hundreds of Potawatomi men joined the French to fight in the Seven Year’s War starting in 1757, some returned carrying smallpox. The Great Lakes Potawatomi were devastated by the epidemic. They were also impacted by the defeat of the French by the British in 1763, with different indigenous communities supporting the French, the British, and the fledgling United States. [3]

After the American Revolutionary War, the new United States government began pushing West, surveying and selling land. The U.S. government worked towards this end through military action, economic pressure, treaty negotiations, and sanctioned genocide in order to make space for white male settlers to farm the land. White squatters and militias also murdered indigenous peoples for their land. (Learn more about 18th and early 19th-century removal and persecution of indigenous peoples in the Midwest). [4]

The Potawatomi resisted U.S. expansion in multiple ways. For example, they fought against the U.S. in the Ohio Indian Wars, they joined Tenskwatawa and Tecumseh’s resistance after 1805, and allied with the British during the War of 1812. Many of the gains the Potawatomi made were lost after the British defeat when the crown ceded its midwestern lands to the U.S. [5]

George Winter, “Pottawattamie Indians,” 1837, watercolor, Tippecanoe County Historical Association Collection, Purdue University, accessed Indiana Memory.

By 1825, the state and federal governments were applying severe pressure on the Potawatomi to leave Indiana. The government systematically worked to extinguish Indian-held land titles negotiated through previous treaties. And there was always the threat of violence, both from encroaching white settlers and the U.S. military. The state government viewed the Miami lands as blocking the development of the Wabash, and Erie Canal and Potawatomi lands as blocking the creation of the Michigan Road. Indiana legislators pushed for removal of both peoples. [6]

U. S. Government Strategies for Indigenous Land Theft

The U.S. government had several strategies for forcing Native Peoples to cede land. According to Blake Norton, curator of the Citizen Potawatomi Nation Cultural Heritage Center,

U.S. leaders exploited tribal autonomy by making treaties with individual villages, rather than large regional bands. This tactic helped divide communities, as gifts and annuities were leveraged against those unwilling to go. [7]

The loss of land in areas where Native Peoples were removed impacted those who remained. They could no longer self-sufficiently live off the land and they became reliant on annuities while being pushed into debt. This was intentional. As Thomas Jefferson explained to William Henry Harrison in an 1803 letter:

We shall push our trading houses, and be glad to see the good and influential individuals among [Great Lakes Indians] run in debt, because we observe that when these debts get beyond what the individuals can pay, they become willing to lop them off by a cession of lands. [8]

Nellie Armstrong Robertson and Dorothy Riker, eds., John Tipton Papers Volume I: 1809-1827 (Indianapolis: Indiana Historical Bureau, 1942, Indiana State Library Digital Collections.

By 1826, the United States government tasked three commissioners, including General John Tipton, an Indian agent working out of Fort Wayne, with securing land cessions from the Potawatomi. The proposed treaty would make way for what would become the Michigan Road. John Tipton would benefit professionally and financially from this suppression and disenfranchisement of the Potawatomi—a microcosm of the larger story about the United States building its empire on the stolen lands of Indigenous People. [9]

The U.S. commissioners tasked with treatymaking presented these land cessions to the bands as a way for the Potawatomi to pay off debts claimed against them. Again, the Potawatomi only owed these debts to traders and Indian agents because they had been forced from their traditional livelihoods—an intentional part of the larger government plan to remove them. In addition to clearing accrued debt, the U.S. commissioners also promised the Potawatomi a group of eighty-six land reserves where they would hold title. [10]

According to educator and historian Juanita Hunter, other techniques used by government officials to take the Potawatomi ancestral land included: negotiating with members not authorized to speak on behalf of a tribe while referring to them in treaties as “chiefs;” making treaties with rival tribes with no claims to the land; introducing alcohol into negotiations; and encouraging encroachment of settlers onto Indian land. The threat of military intervention was also ever present. [11]

“Deceitful Lips”: The 1826 Treaty with the Potawatomi

James Otto Lewis, “Me-No-Quet, A Distinguish’d Pottowatomie Chief,” 1827, lithograph, Allen County – Fort Wayne Historical Society Collections, Purdue University Fort Wayne Digital Collection, accessed Indiana Memory.

Under these conditions, twenty-four bands of Potawatomi gathered near the Mississinewa River in Wabash County, Indiana, on October 5, 1826. Bands of Miami were also present for similar negotiations. The commissioners began the proceedings by pushing for complete removal. They painted a bright picture of life beyond the Mississippi River and promised white settlement would never touch them there. Commissioner Lewis Cass, also governor of Michigan Territory, claimed:

We are authorized to offer you a residence there, equal in extent to your land here, and to pay you an annuity, which will make you comfortable, and to provide the means of your removal . . . You will then have a country abounding in game . . . Your Great Father will never suffer any of his white children to reside there, for it is reserved for the red poeple [sic]. It will be yours, as long as the sun shines, and the rain falls. [12]

These were empty promises, and the indigenous leaders knew it. They responded that the white men had caused the problems that the indigenous bands were now facing. They explained that they could not go West because there were already people living there—other native groups with their own claims to the land. Speaking for himself and Potawatomi leader Aubanaubee, Miami leader Legro stated:

You speak to us with deceitful lips, and not from your hearts. You say the game is going away and we must follow it; who drove it away? . . . Before you came, the game was plenty . . . We own there is game there, but the Great Spirit has made and put men there, who have a right to that game, and it is not ours. [13]

James Otto Lewis, “Pe-Che-Co, A Pottowattomie Chief, Painted at the Treaty of Mississinewa,” 1827, Allen County Fort Wayne Historical Society Collection, Purdue University Fort Wayne Digital Collection, accessed Indiana Memory.

The secretary documenting the details of the treaty negotiations recorded no more of the proceedings, which continued for several days. It is clear from Legro’s words that they did not want to cede more land, and yet they ultimately did. The terms of the 1826 Treaty with the Potawatomi can give us some clues to what happened. [14]

Article I provided over $30,000 in goods to the Potawatomi. With this provision, white stakeholders profited twice. The traders providing the goods received payment from the government, while the government would turn around and sell the land to settlers for profit. These annuities also furthered Potawatomi dependence on the U.S. government, which would ultimately push them further into debt. [15]

Article I also provided $9,573 in payments for debts that traders claimed the Potawatomi owed them. In a blatant conflict of interest, it was Tipton, a commissioner who regularly befitted from suppressing and removing the Potawatomi through his speculative land dealings, who decided (in his role as Indian agent) just how much debt the Potawatomi owed. [16]

The Potawatomi pushed back for larger payments and succeeded to some extent. They were able to negotiate for an annual payment of $2,000 over a period of twenty-two years with additional money provided for education and for a mill built at government expense. But Legro’s prediction was correct. The government spoke with “deceitful lips,” and the Indigenous Peoples would not receive twenty-two years of payments. Instead, the government would force them off their ancestral land within only twelve years. [17]

Article II of the treaty was even more disastrous for the Potawatomi. In this section, which included the provisions for the future Michigan Road, the treaty makers were careful not to define the route of the road. The Potawatomi thought they were ceding a mile-wide strip of land in a straight, contiguous line for the route. Even Tipton, in private correspondence, admitted that this was also his understanding of the provision. He told the land office commissioner Elijah Hayward:

I feel bound to state to you, and through you to the President, that, at the time of negotiating this treaty, these Indians did not understand that their land, not embraced within the bounds of the tract then ceded, would be required to construct this road, except where the road passed through the country retained by them . . . This was also my understanding of this treaty at the time it was made. [18]

Instead, when the State of Indiana began surveying the route, they chose a circuitous route around swamps and other undesirable land. The Potawatomi resisted this change, stopping and confronting surveyors, and delaying the road-building operation. Other councils were held between commissioners and some Potawatomi members while settlers and government officials continued to press for complete removal. In September 1831, Potawatomi members of dubious authority ceded the land for the circuitous route. Without information from the indigenous perspective it is hard to know exactly how this happened. Reports of U.S. officials claim that through an interpreter “of mixed blood,” who was educated in white schools and worked for a fur trading company, they were able to get “a few young chiefs” intoxicated and convince them to cede more land. Looking at the history of U.S. negotiation tactics, it is likely that these young men were not authorized to make such a deal. [19]

The new route for the Michigan Road cut through the remaining Potawatomi lands, further isolating and cordoning off the indigenous bands. According to Hunter, ” The commissioners, in fact, saw this fractionalization as one reason for the ratification of the treaty.” John Tipton wrote:

It was then important that the Indians be separated into bands, by the intervention of our settlements . . . We could not purchase any particular district near the centre of the Pattawatamie [sic] country; but that tribe freely consented to give us land for the road described in the treaty, and for the settlement along it. Such a road . . . will sever their possessions, and lead them at no distant day to place their dependence upon agricultural pursuits, or to abandon the country. [20]

The Potawatomi refused to sell the bulk of their lands. However, the commissioners planned the road so that it cut through the middle of indigenous lands. This purposeful intercession combined with white settlement along the road, cut Potawatomi territory into unconnected pieces, weakening their holdings. State and government officials then turned their attention to removal.

Map, “Potowatomie Reserves by Treaty of 27th October 1832,” March 27, 1832, Indiana State Archives, accessed Indiana Memory.

Trail of Death

In May 1830, President Andrew Jackson signed the Indian Removal Act, authorizing “an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.” [21] The state and federal government, along with white settlers and squatters, continued to apply pressure for Potawatomi removal. In the 1832 Treaty of Tippecanoe, Potawatomi “chiefs” supposedly sold much of the remaining land. Menominee, an important Potawatomi leader, denied the validity of this treaty and resisted removal. [22] He wrote to a federal Indian agent, referring optimistically to President Van Buren:

The President does not know the truth . . . He does not know that you made my young chiefs drunk and got their consent and pretended to get mine. He would not drive me from my home and the graves of my tribe, and my children, who have gone to the Great Spirit, nor allow you to tell me that your braves will take me, tied like a dog. [23]

Menominee stood his ground and gathered followers. In response, Indiana Governor David Wallace had him arrested and ordered the forced removal at gunpoint of most of the remaining Potawatomi. The CPCHC explained:

On the morning of September 4, 1838, a band of 859 Potawatomi, with their leaders shackled and restrained in the back of a wagon, set out on a forced march from their homeland in northern Indiana for a small reserve in present-day Kansas. To minimize the temptation for the Potawatomi to try to escape and return home, militia members burned both fields and houses as the dejected members of the wagon train departed. [24]

George Winter, “Pottawattamie Emigration,” 1838, Tippecanoe County Historical Association Collection, accessed Citizen Potawatomi Nation Cultural Heritage Center, https://www.potawatomiheritage.com/encyclopedia/trail-of-death/

A white witness described the scene:

The whitemen were gathering thick around them, which was but a sad necessity for their departure. Still they clung to their homes. But the flames of the torch were applied—their villages and wigwams were annihilated. [25]

It was John Tipton who led the militia group that forced the Potawatomi on this Trail of Death. In a horrific twist of irony, the route they took followed part of the Michigan Road. According to the CPCHC:

The journey was a 660-mile trek for which the Potawatomi were not prepared and through terrain to which they were not accustomed. The heat was oppressive and water was often scarce. They had only a few hundred horses to carry people and supplies, and promised additional wagons did not arrive before their departure; so, even the weak and elderly were forced to walk. The pace and conditions of the march debilitated the health of travelers. A day rarely passed that a member of the party did not die, usually a child, forcing their bereft and exhausted families to leave the bodies behind in hastily dug graves. In the end, more than forty people died during what the Potawatomi came to call the Trail of Death. [26]

This tragedy was not some unintended consequence of settlement. Removal was the plan from the beginning. The U.S. government, state governments, and white settlers chose the systematic genocide of Indigenous Peoples in order to take their native lands for their own use. Methods for the perpetuation of this crime included the tactics seen here: making treaties with people not authorized to speak on behalf of indigenous bands, pushing Indigenous Peoples into debt and dependence through encroachment and over hunting, flagrantly violating treaties, and finally, violence and murder. White people benefited directly from this genocide, taking the fertile land and prospering while continuing the persecution of Native Peoples. [27]

For example, Tipton, who helped negotiate the 1826 Treaty and led the forced removal of the Potawatomi, bought several sections of land along the Michigan Road. He later benefited financially from the sales of these lands as businesses and residences sprung up along the road. In 1831, John Tipton purchased the land surrounding the section of the Old Michigan Road called Sycamore Row, where IHB and local partners will install a new historical marker. We can only hope that the phrases on that marker about the 1826 Treaty and the pressure put on the Potawatomi will spur interest in learning more about this enduring people. [28]

George Winter, “Sinisqua,” 1842, watercolor, Tippecanoe County Historical Association, Purdue University, accessed Indiana Memory.

Survivance

And they did endure. Even in the face of persecution and genocide, the Potawatomi continue today as sovereign nations, including the Prairie Band Potawatomi Nation located in Kansas and the Pokégnek Bodéwadmik, or Pokagon Band of Potawatomi, located in Michigan and Indiana. These tribal governments maintain their own educational and health systems, infrastructure, housing developments, law enforcement, and more. The Potawatomi people also continue to teach future generations traditional culture, arts, history, and language. In 1994, the U.S. government finally recognized the sovereignty of the Pokagon Band through an act of Congress signed by President Bill Clinton. [29]

“Pokagon Band of Potawatomi commemorate 25th anniversary of Reaffirmation of Sovereignty,” (Winnipeg, Canada) Indian Life, November 4, 2019, https://www.newspaper.indianlife.org/.

According to the Pokagon Band:

The Pokagon people have endured thanks in part to their values of Wisdom, Love, Respect, Truth, Honesty, Humility, and Bravery. Adapting these deeply-rooted ideals to contemporary circumstances has made the Band an engine for economic development and a model for sustainable living in the region. [30]

Learn more about the Potawatomi culture through the Pokagon Band Potawatomi website and the Citizen Potawatomi Cultural Heritage Center.

* “Survivance” is a term coined by White Earth Ojibwe scholar Gerald Vizenor to explain that Indigenous People survived and resisted white colonization and genocide and continue as a people to this day. Theirs is not a history of decline. Their work preserving and forwarding their culture, traditions, language, religions, and struggle for rights and land continues.

Sources:

[1] Citizen Potawatomi Cultural Heritage Center, “History,” https://www.potawatomiheritage.com/history/; Jon Boursaw, “The Flint Hills: A Major Chapter in Potawatomi Migration,” Symphony in the Flint Hills Field Journal (2011): 28-37, Kansas State University Library, newprairiepress.org/sfh/2011/flinthills/3/.

[2] Citizen Potawatomi Cultural Heritage Center, “History,” https://www.potawatomiheritage.com/history/; “Potawatomi,” Milwaukee Public Museum, http://www.mpm.edu/content/wirp/ICW-56.

[3] Boursaw, 29-30; Jeffrey Ostler, Surviving Genocide: Native Nations and the United States from the American Revolution to Bleeding Kansas (New Haven and London: Yale University Press, 2019), 34-35.

[4] Jill Weiss Simins, “Democracy for Some: Defining the Indiana Landscape through the Rectangular Survey System,” Untold Indiana, December 2017, https://blog.history.in.gov/democracy-for-some-defining-the-indiana-landscape-through-the-rectangular-survey-system/. For a more thorough study of the genocidal policies and actions of the United States government, area militias, and squatter-settlers, see Roxanne Dunbar-Ortiz, An Indigenous Peoples’ History of the United States (Boston: Beacon Press, 2014).

[5]”Potawatomi,” Milwaukee Public Museum.

[6] Juanita Hunter, “Indians and the Michigan Road,” Indiana Magazine of History 83, No. 3 (September 1987): 244-266.

[7] “The United States’ Handling of the ‘Indian Problem’,” Citizen Potawatomi Nation, September 7, 2018, https://www.potawatomi.org/the-united-states-handling-of-the-indian-problem/.

[8] Thomas Jefferson to William Henry Harrison, February 27, 1803, Founders Online, National Archives, https://founders.archives.gov/documents/Jefferson/01-39-02-0500.

[9] John Tipton, Land Deed, State Volume Patent, Indiana, Issued January 3, 1831, Document Number: 11836, Accession Number: IN1110_.054, U.S. Department of Land Management, U.S. Department of the Interior, accessed glorecords.blm.gov/; John Tipton, Land Deed, State Volume Patent, Indiana, Issued January 3, 1831, Document Number: 11837, Accession Number: IN1110_.055, U.S. Department of Land Management, U.S. Department of the Interior, accessed glorecords.blm.gov/; Nellie Armstrong Robertson and Dorothy Riker, eds., John Tipton Papers, Volume I: 1809-1827 (Indianapolis: Indiana Historical Bureau, 1942), accessed Indiana State Library Digital Collections; “Trail of Death,” Citizen Potawatomi Nation Cultural Heritage Center, https://www.potawatomiheritage.com/encyclopedia/trail-of-death/.

[10] Armstrong Robertson and Riker, Tipton Papers: Vol. I, 537; Ratified Indian Treaty 146: Potawatomi – Near Mouth of Mississinewa Upon the Wabash, October 16, 1826, National Archives Catalogue No. 121651643, Record Group 11, National Archives, https://catalog.archives.gov/id/121651643; Hunter 244-45.

[11] Hunter, 246.

[12] Armstrong Robertson and Riker, Tipton Papers: Vol. I, 578-80; Hunter, 252.

[13] Ibid.

[14] Ibid.; Ratified Indian Treaty 146: Potawatomi.

[15] Ibid.; Hunter, 254; Tipton Land Deed 11836; Tipton Land Deed 11837.

[16] Ibid.

[17] Ratified Indian Treaty 146: Potawatomi; Hunter 254-56.

[18] Armstrong Robertson and Riker, Tipton Papers: Vol. II, 419; Hunter, 256.

[19] Hunter, 256-57.

[20] Armstrong Robertson and Riker, Tipton Papers: Vol. I, 602; Hunter, 266.

[21] “An Act to Provide for an Exchange of Lands with the Indians Residing in Any of the States or Territories, and for Their Removal West of the River Mississippi,” May 28, 1830, Twenty-First Congress, Session I, Chapter 148, 411, A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, American Memory, Library of Congress.

[22] “Articles of a Treaty Made and Concluded on Tippecanoe River, in the State of Indiana, between Jonathan Jennings, John W. Davis and Marks Crume, Commissioners on the Part of the United States, and the Chiefs, Headmen and Warriors, of the Pottawatimie Indians” (Treaty with the Potawatomi, 1832), The Avalon Project: Documents in Law, History and Diplomacy, Yale Law School, Lillian Goldman Law Library, https://avalon.law.yale.edu/19th_century/pot1832.asp.

[23] “Potawatomi Trail of Death,” Kansapedia, 2012, Kansas Historical Society, https://www.kshs.org/kansapedia/potawatomi-trail-of-death/17944.

[24] “Trail of Death,” Citizen Potawatomi Cultural Heritage Center, https://www.potawatomiheritage.com/encyclopedia/trail-of-death/.

[25] “Potawatomi Trail of Death,” Kansas Historical Society.

[26] “Trail of Death,” Citizen Potawatomi Cultural Heritage Center.

[27] See footnote 4.

[28] Tipton Land Deed 11836; Tipton Land Deed 11837. See also footnote 9.

[29] Prairie Band Potawatomi Nation, The Official Website of the Prairie Band Potawatomi Nation, https://www.pbpindiantribe.com/; Pokégnek Bodéwadmik, Pokagon Band of Potawatomi, https://www.pokagonband-nsn.gov/; “Pokagon Band of Potawatomi Commemorate 25th Anniversary of Reaffirmation of Sovereignty,” (Winnipeg, Canada) Indian Life, November 4, 2019, https://www.newspaper.indianlife.org/.

[30]“Our Culture,” Pokégnek Bodéwadmik, Pokagon Band of Potawatomi, https://www.pokagonband-nsn.gov/our-culture.

A Marriage Tested: How the Allens Overcame Personal Tragedy and Systemic Discrimination

J. Chester and Elizabeth Allen with family, courtesy Civil Rights Heritage Center, accessed Shannon Nolan, “Indiana’s First Female African American Lawyer Worked in South Bend,” abc57, February 2, 2019.

* See Part 1 to learn about the Allens’ work for equality in the judicial system and World War II employment.

When the clouds of World War II lifted, South Bend activists and attorneys J. Chester and Elizabeth Allen had achieved many of their professional and philanthropic goals. The couple, who had opened their own law firm in 1939, had uplifted the Black community by crafting legislation, organizing social programs, and creating jobs. But institutional oppression and immense personal loss that followed in the war’s wake appeared to test their marriage. In these modern times of social unrest and pandemic-related stress, we can draw strength from the Allens’ ability to not only weather personal tragedy and systemic discrimination, but serve their community.

As the early Atomic Era unfurled, J. Chester plunged back into his fight to fully desegregate South Bend’s Engman Natatorium. The effort had begun in the 1930s and resulted in the park board’s meager concession of allowing Black residents to swim a few hours per week, when white residents were not there. In 1950, J. Chester and a group of attorneys, including white lawyer Maurice Tulchinsky, appeared before the parks board to again make the case for integration. Seemingly racism cloaked in Cold War rhetoric, one board member told the men that Tulchinsky’s involvement hinted at communist impulses. J. Chester replied, “‘You don’t have to be a communist to defend equal rights, opportunities and treatment for all people under the law. The Constitution and Bill of Rights mandate it.'” Threatening to file suit unless board members agreed to end segregation entirely, the lawyers at last won their long fight for equality, likely with the aid of Elizabeth Allen.

Flyer, Ruth Tulchinsky, Voice of the People, February 13, 2009, St. Joseph County Public Library, accessed Michiana Memory Digital Collections.

Oral history interviews and secondary sources suggest that Elizabeth drew up the original complaint and advised behind the scenes, pointing out that African American taxpayers helped fund the pool and therefore deserved to use it. Her name does not appear on official documents, perhaps because she was still in law school or because the lawyers feared that her involvement as a Black woman could hurt the cause. If Tulchinsky was accused of working on behalf of the Communist Party, one can only imagine what nefarious influences board members would assign Elizabeth if she was involved in the effort publicly.

A series of interviews with the couple’s son, Dr. Irving Allen, bespeaks the constant frustration Elizabeth experienced from having to shelve her ambitions due to gender and familial norms and/or racial discrimination. In 1936, Elizabeth declared her candidacy for state representative, but withdrew, perhaps, because as interviewer David Healey suggested to Irving, she was “always overshadowed by circumstances” or “convinced that your father would have a better chance of winning.” Irving agreed that this sense of disappointment was probably compounded by the “loss and loneliness,” resulting from J. Chester’s absence while he served in the Indiana General Assembly between 1939 and 1941. Elizabeth could be “explosively judgmental” about J. Chester’s legislative efforts, accusing him of being too accommodating to white voters while campaigning. Perhaps this criticism stemmed partly from never having a chance to campaign for office herself.

International Hod Carriers and Building Laborers’ Union formal gathering, circa 1950s, Elizabeth Allen fourth from left and J. Chester Allen fifth from left, second row, Streets Family Collection of the Civil Rights Heritage Center, Indiana University South Bend Archives, accessed Michiana Memory Digital Collection.

Irving imagined the scrutiny she experienced as a Black female lawyer in South Bend during the “Dark Ages” of the 1930s, 1940s, and 1950s. He remembered his mother coming home and criticizing local judges “who she just despised and felt mistreated by.” This likely included Circuit Judge Dan Pyle, who in May 1952 fined her for contempt of court during a hearing in which she served as counsel. The South Bend Tribune reported that the “woman attorney” was fined for refusing to “abide by his instruction to refrain from dictating a lengthy statement for the court record.” Pyle ruled her “out of order in the request and demanded that she be quiet.” Irving recalled the incident, saying “she took it racially and cursed him out basically . . . and ended up in jail. Daddy got her out and got the whole thing, I think, squashed.”

Institutionalized discrimination and the stressors of working in the public eye seemed to breed resentment that spilled over into their marriage. The Allen household, while loving, was also highly-charged, in part because Elizabeth and J. Chester diverged sharply when it came to political allegiance and temperament. Irving recalled, “you were never sure whether the issues were where the vitriol was coming from or whether it was personal stuff that was being argued out through the politics.” But from a young age, Irving learned to tune out his parents’ disagreements. He stated there was “often too much venom involved in the . . . arguments about politics or nuances of how black folks could best be served in South Bend or the country.”

In Irving’s opinion, his parents were incapable of relaxing and resetting, prioritizing the needs of others over themselves in their work with organizations like the NAACP and Hering House. He noted that money was another source of tension for the Allens. Although they were attorneys, systemic racism affected their success and often meant they didn’t get the “big” cases. Determined that their children would get a good education, efforts to save for college proved stressful due to the lack of lucrative cases.

Elizabeth Allen serving as Judge Protem in the South Bend City Courts, submitted by state historical marker applicant.

Irving suspected that the “pressures of work had enormous bearing” on his mother’s “existence.” Of his parents, Elizabeth had a poorer “capacity to separate work from the rest of her life. . . . I would just imagine the shit she took. Must have been unimaginable . . . unimaginable. And where’s it gonna go? It’s probably gonna come home into the relationship with her husband.” It surely did not go unnoticed that newspaper articles referred to her husband as “Attorney J. Chester Allen” and her as “Mrs. J. Chester Allen,” despite being an accomplished attorney in her own right. Probably equally frustrating, Elizabeth was subjected to scrutiny about her appearance and mannerisms in a way her husband undoubtedly was not, exemplified by this 1950 South Bend Tribune description: “feminine, but brusque. She has a no-nonsense attitude that contradicts the ultra-feminine hat on her head.”

Despite the many obstacles Elizabeth had to overcome, she received public recognition in 1953, 1955, and 1960, when she served as Judge Protem, filling in on occasion when the city judge was absent. “Her Madame Honor” was likely the first woman to wield a gavel in South Bend’s courtrooms. While a temporary role, Irving believed that the appointment was symbolic, honoring her legal career. Elizabeth worked to carve out educational and career opportunities for other Black women, generally relegated to domestic service in that era. Recognizing that de facto segregation would endure despite the landmark 1954 Brown v. Board of Education case, Elizabeth sprung into action, hosting an emergency meeting for the United Negro College Fund. She also worked to get Black women into her Alma Mater, Talladega College.

The Allens opened their house to Black Notre Dame students who had nowhere to stay due to discrimination and the housing shortage exasperated by World War II. Historian Emma Lou Thornbrough noted that in the 1940s many black families were forced to crowd into one or two bedroom units in substandard buildings. Elizabeth had worked during WWII and post-war years to improve housing options and clear local slums because “delinquency and crime are resulting from sub-standard housing.” In the 1950s, J. Chester helped a group of Black Studebaker workers navigate discriminatory lending and real estate practices to form a building cooperative called “Better Homes of South Bend.”

Baton twirlers in the annual Better Homes’s Elmer Street Parade, August 1962. Photo courtesy Vicki Belcher and Brenda Wright, accessed Better Homes of South Bend, 97.

By the middle of the decade, twenty-two families of the co-op had moved in along North Elmer Street and helped build a vibrant community, filled with activities like family cookouts, kickball, and building snowmen. Irving described a “haunting aspect of the Better Homes story.” Although they had “outstanding credentials as good citizens and an established law practice,” the Allens encountered difficulties purchasing a home of their own. Perhaps such discrimination led J. Chester to further leverage housing reform when he was elected the city’s first Black Councilman in 1959. He quickly got to work trying to prevent the displacement of Black families as new developments arose. As Councilman he also got more African American appointed in city government. One Indianapolis Recorder writer was optimistic that Allen’s “devotion to the law as the shield of liberty” would enable him to “protect the rights of minorities and at the same time guard the welfare of the majority.”

J. Chester’s and Elizabeth’s work served as a tide that lifted many boats in St. Joseph County. But the couple soon experienced a devastating personal blow. Their daughter, Sarah-whom Irving described as a “brilliant student” at Central High School-was awarded honors at Wellesley College, before attending Tennessee’s Fisk University. In 1960, the South Bend Tribune noted an “illness forced her to leave college.” She had since been working as a secretary at the family’s law practice and receiving psychiatric care in her hometown. Shortly before dinner at the Allens’ house one summer evening in 1963, the family discovered that she had died by suicide. Only 27-years-old, Sarah undoubtedly possessed the astuteness and determination of her parents, but suffered from the era’s limited treatment options for mental health issues. Days after her passing, loves ones paid their respects at the city’s Episcopal Cathedral of St. James and the city council passed a resolution expressing sympathy for the loss of Councilman Allen’s daughter.

J. Chester with daughter, Sarah, South Bend Tribune, May 6, 1959, 25, accessed Newspapers.com.

One can only imagine the impact such a catastrophic event had on the family. Perhaps it contributed to the fragmentation of the Allen and Allen law firm, which Irving said “kind of came unglued” in the early part of the decade. It’s possible it was the trigger for Elizabeth’s own hospitalization in the 1960s. Surely it contributed to the 1965 South Bend Tribune announcement of the couple’s separation after 37 years of marriage. Ultimately, the Allens chose not to go through with the divorce, perhaps a testament to their tenacity and love.

Work and community uplift likely became a haven from grief for the African American couple. In the years after her daughter’s passing, Elizabeth seemed to focus on advocating for women. She served as legislative chairman of the 1964 National Association of Negro Business and Professional Women’s Clubs, leading a workshop on “The Role of Business and Professional Women in the War on Poverty” at the organization’s annual meeting. Towards the end of the 1960s and into the 1970s, Elizabeth served on the board of St. Joseph’s first Planned Parenthood clinic. According to Irving, his mother was a feminist before the term existed. She would “go to war over women divorcing or getting beaten up by their husbands,” but, being ahead of her time, she fought a war “without any constituents.” Nevertheless, she was “‘incredible example to women—black or white.'”

South Bend Tribune, January 9, 1962, 23, accessed Newspapers.com.

J. Chester poured himself into education equality as the first Black member of the South Bend school board of trustees in 1966. One editorial contended that he was an ideal representative of Black educational interests, citing his “Quick intelligence, independence of thought, hard work and a genuine affection for his home community.” He used his legal skills in 1967 to advocate for equality, appealing a verdict that ruled the Linden School building, a Black school, could safely reopen despite a classroom ceiling collapsing during the school day.

While continuing to grieve, sons Irving and J. Chester Allen, Jr. pursued their professional goals. Their parents were determined that they would attend East Coast schools because, Irving noted, Black Americans had to be “twice as good” as their white colleagues. He earned his medical degree at Boston University in 1965 and practiced psychiatry in Massachusetts. Like his parents, J. Chester Jr. beat the drum for equality, leading an NAACP march protesting the police force’s refusal to hire a Black officer. He told the South Bend Tribune, “‘Maybe we’ll fill up that jail of theirs until they get tired of seeing us in it and hire one of us to get rid of the rest of us.'”

Nancy Kavadas, “Niles Area NACP [sic] Groups Conduct Orderly Demonstration,” South Bend Tribune, February 9, 1964, 8, accessed Newspapers.com.

“Wednesday Rites for Judge Allen,” South Bend Tribune, December 27, 1983, 28, accessed Newspapers.com.

Like his parents, J. Chester Jr. was able to break racial barriers; he was sworn in as St. Joseph County’s first Black Superior Court Judge in 1976. Three years after J. Chester Jr.’s historic achievement, his father passed away. The man who had apparently stumbled upon South Bend did much to even its playing field for minorities. Black residents were better educated, politically- and civically-empowered, financially stabler, and able to enjoy the city’s facilities because of his tireless efforts as an attorney and elected official.

Unfortunately, his son’s promising career was cut short in 1983. J. Chester Jr. died of natural causes on Christmas Day, the same day his father was born in Pawtucket, Rhode Island in 1900. Matriarch Elizabeth Allen was now a widower who had lost two children. But her life was never defined by tragedy. In disregarding an admissions officer’s advice to forgo law school in favor of marriage years before, she started down a path canopied by improbable accomplishments, bitter disappointments, professional accolades, and personal heartbreak. Her fortitude and persistence meant that future generations would endure fewer obstacles than she did.

Behind her walked another Black female attorney from Chicago married to an ambitious Black attorney: First Lady Michelle Obama. The two women experienced the highs of professional accomplishments as a minority, the frustrations of sacrificing for their husband’s ambitions, public critiques of their appearance, and allegations of being too outspoken. Unlike Michelle, Elizabeth’s story has largely yet to be told, but South Bend writer Dr. Gabrielle Robinson and IHB are changing that by installing a state historical marker in 2021. Elizabeth, largely overshadowed by her husband, will quite literally have an equal share of recognition with this marker.

“Golden Anniversary,” South Bend Tribune, March 5, 1978, 31, accessed Newspapers.com.

Sources:

“Public Angered at Whitewash,’” Indianapolis Recorder, June 1, 1935, 1, accessed Hoosier State Chronicles.

“Jellison Takes Petition to Run for Congress,” South Bend Tribune, February 16, 1936, 23, accessed Newspapers.com.

Mary Butler, “Mrs. Elizabeth Allen Lays Down Law to Family,” South Bend Tribune, July 30, 1950, 39, accessed Newspapers.com.

“Circuit Judge Fines Lawyer for Contempt,” South Bend Tribune, May 10, 1952, 8, accessed Newspapers.com.

“First Woman Presides City Judge,” South Bend Tribune, November 19, 1953, 29, accessed Newspapers.com.

“Field Chief Will Meet Fund Group,” South Bend Tribune, March 25, 1957, 24, accessed Newspapers.com.

Program, “Leaders for Workshops on Three Areas Affecting the Urban Family,” Woman’s Council for Human Relations, [1968], accessed Michiana Memory.

“Hon. J. Chester Allen,” Indianapolis Recorder, January 2, 1960, 1, accessed Hoosier State Chronicles.

“Adult Award Winner,” South Bend Urban League and Hering House, Annual Report, 1960, p. 5, accessed Michiana Memory.

“Sarah Allen Found Dead,” South Bend Tribune, July 25, 1963, 43, accessed Newspapers.com.

Nancy Kavadas, “Niles Area NACP [sic] Groups Conduct Orderly Demonstration,” South Bend Tribune, February 9, 1964, 8, accessed Newspapers.com.

“Divorce Cases Filed,” South Bend Tribune, March 5, 1965, 30, accessed Newspapers.com.

“Irving Allen Wins Degree,” South Bend Tribune, June 10, 1965, 46, accessed Newspapers.com.

Ruth Copeland et al., Plaintiffs-Appellants, v. South Bend Community School Corporation et al., Defendants-Appellees, 1967, 376 F.2d 585 (7th Cir. 1967), May 8, 1967, accessed JUSTIA US Law.

“Family Plan Unit Names Officers,” South Bend Tribune, January 26, 1968, 31, accessed Newspapers.com.

“Rites for Allen Wednesday,” South Bend Tribune, May 12, 1980, 21, accessed Newspapers.com.

“Wednesday Rites for Judge Allen,” South Bend Tribune, December 27, 1983, 28, accessed Newspapers.com.

“Allen, Former Civic Leader and Attorney, Dies at 89,” South Bend Tribune, December 28, 1994, 15, accessed Newspapers.com.

Marilyn Klimek, “Couple Led in Area Racial Integration,” South Bend Tribune, November 30, 1997, 15, accessed Newspapers.com.

Oral History Interview with Dr. Irving Allen, conducted by Dr. Les Lamon, IU South Bend Professor Emeritus, David Healey, and John Charles Bryant, Part 1 and Part 2, August 11, 2004, Civil Rights Heritage Center, courtesy of St. Joseph County Public Library, accessed Michiana Memory Digital Collection.

Barack Obama, A Promised Land (New York: Crown Publishing, 2020).

Email, Dr. Irving Allen to Nicole Poletika, March 19, 2021.

Re-centering the Potawatomi at Sycamore Row Part One

Photograph by Chris Light, accessed Wikipedia.

This is Part One of a two-part post. Part One examines why IHB and local partners chose to refocus the text of a new historical marker to Sycamore Row in Carroll County that replaces a damaged 1963 marker. Instead of focusing on the unverifiable legends surrounding the row of sycamores lining the Old Michigan Road, this new marker centers the persecution and removal of the Potawatomi to make way for that road and further white settlement. Part Two will look in depth at the persecution of the this indigenous group by the U.S. government as well as the resistance and continued “survivance” of the Potawatomi people.*

What’s in a Legend?

The sycamore trees lining the Old Michigan Road have long been the subject of much curiosity and folklore in Carroll County. But there is a story here of even greater historical significance – the removal and resistance of the Potawatomi. While the trees will likely continue to be the subject that brings people to this marker, IHB hopes to recenter the Potawatomi in the story. (To skip right to the story of the Potawatomi, go to Part Two of this post, available April 2021).

Folklore is a tricky area for historians. The sources for these stories are often lost, making it difficult to determine the historical accuracy of the tale. But historians shouldn’t ignore folklore either. Local stories of unknown origin can point to greater truths about a community. It becomes less important to know exactly if something really happened and more significant to know why the community remembers that it did.

Folklore is both a mirror and a tool. It can reflect the values of the community and serve to effect change. Folklore surrounding “Sycamore Row” in Carroll County does both of these things. Continuing local investment in this row of trees reflects a community that values its early history. At the same time, these trees have served as a preservation tool bringing this community together time and time again for the sake of saving a small piece of Indiana’s story.

These are the big ideas around folklore, but what about searching for the facts behind the stories? In the case of Sycamore Row, digging into the events that we can document only makes the story more interesting and inclusive. And it gives us the opportunity to reexamine the central role of the Potawatomi in this history and return it to the landscape in a small way.

Sycamore Row

In 1963, the Indiana Historical Bureau placed a marker for “Sycamore Row” on State Road 29, formerly the Old Michigan Road. The 1963 marker read:

This row of sycamores sprouted from freshly cut logs used in the 1830’s to corduroy a swampy section of the historic Michigan Road, the first state road in Indiana, running from Madison to Michigan City.

IHB historians of the 1960s presented this theory on the origin of the sycamores as fact. Today, IHB requires primary documentation for all marker statements. While there are secondary sources (sources created after the event in question), there are no reliable primary sources for this statement. In fact, we don’t know where the trees came from. Local legend purports that saplings sprang from the logs used to lay the “corduroy” base when the dirt road was planked in the 1850s. There is evidence that sycamores were used on this section of the road. During road construction in the 1930s, the Logansport Press reported that workers discovered sycamore logs under the road near the famous Fouts farm. And it is possible that some saplings could have grown on their own, though it’s unlikely they sprouted from the logs. Local historian Bonnie Maxwell asked several experts for their take. One Indiana forester wrote that it was more likely that the trees sprouted from seeds that took root in the freshly dug furrows next to the road. Others noted that even if the trees sprouted as the legend claims, they would not be the same trees we see today, as they are not large enough have sprouted in the early 19th century. Other theories have been posited as well, including one from a 1921 Logansport-Pharos article claiming that the trees were planted to protect the creek bank during road construction in the 1870s. Regardless, we know from Carroll County residents that there have been sycamores along that stretch of road for as long as anyone can remember. It matters less to know where the trees came from and more to know why they have been preserved in memory and in the landscape. [1]

Preservation and Community Building

The ongoing preservation and stewardship of Sycamore Row tells us that local residents care about the history of their community. The trees provide a tangible way of caring for that history. To that end, Carroll County residents have joined together many times over the years to protect the sycamores.

In the 1920s, the Michigan Road section at Sycamore Row became State Road 29 and some of the trees were removed during paving. Starting in the 1930s, road improvements planned by the state highway department threatened the sycamores again, but this time local residents acted quickly. In November 1939, the Logansport Pharos-Tribune reported that Second District American Legion commander Louis Kern organized opposition to a state highway department plan to remove 19 sycamores in order to widen the road. Local residents joined the protest and the state highway commission agreed to spare all but five of the 127 sycamore trees during the highway expansion. [2]

By the 1940s, newspapers reported on the dangerous and narrow stretch of road between the sycamores where several accidents had occurred. By the 1960s, local school officials worried about school busses safely passing other cars and trucks on the stretch and proposed cutting down the trees to widen the road. In 1963, Governor Matthew Walsh issued an order to halt the planned removal of sixty-six of the sycamores and the state highway department planted twenty new trees. Many still called for a safer, wider road and the local controversy continued. [3]

In 1969, officials from the school board and the Carroll County Historical Society (CCHS) met to discuss options for improving driving conditions, weighing this need against the historical significance of the sycamores. Meanwhile, the state highway department continued planning to widen the road, a plan that would have required cutting down the trees. The CCHS staunchly opposed removing the sycamores and organized support for its efforts. The organization worked for over a decade to save Sycamore Row, petitioning lawmakers and gaining the support of Governor Edgar Whitcomb. Carroll County residents signed petitions and spoke out at public meetings with the state highways commission. Ultimately, in 1983, the state highway department announced its plan to reroute SR 29 around the sycamores. This grass roots effort, focused on preserving local history, had prevailed even over the needs of modernization. Construction on the new route began in 1987. The Logansport Pharos-Tribune reported that residents then began using the section of the Old Michigan Road to go down to the bank of the creek and fish. [4]

“Friends of CC Parks Plant Sycamore Trees,” Carroll County Comet, January 4, 2021, accessed Carroll County Comet.

In 2012 the Friends of Carroll County Parks took over stewardship of Sycamore Row and began planting new sycamore saplings the following year. In 2020 they planted even larger sycamores to preserve the legacy for future generations. They also took over the care of the 1963 historical marker, repainting it for the bicentennial. In late 2020, the marker was damaged beyond repair and had to be removed. This opened up an opportunity for IHB, the Friends, and the CCHS to place a new two-sided historical marker. The marker process is driven by applicants, either individuals or community organizations, and then IHB works with those partners, providing primary research to help tell their stories. We work together, sharing authority. These Carroll County organizations still want to tell the story of the sycamores, but recognize that there is complex history beyond the legends.

Re-centering the Potawatomi

IHB and local partners are using the extra space on the double-sided marker to include the Potawatomi in the story of Sycamore Row. While there is no way we can give the history of these indigenous peoples in all its complexity in the short space provided on a marker, we can make sure it is more central. After all, the story of the genocide, removal, and resistance of the Potawatomi to settler colonialism is part of the story of Indiana.

Some people have a negative view of this kind of reevaluation of sources and apply the label “revisionist” to historians updating the interpretation of an old story. However, “historians view the constant search for new perspectives as the lifeblood of historical understanding,” according to author, historian, and Columbia professor Eric Foner. [5] As we find new sources and include more diverse views, our interpretation changes. It becomes more complex, but also more accurate. And while there is a temptation to view history as a set of facts, or just as “what happened,” it is always interpretive. For instance, the act of deciding what story does or does not make it onto a historical marker is an act of interpretation. When IHB omits the Native American perspective from a historical marker we present a version of history that begins with white settlement. It might be simpler but its not accurate. There were already people on this land, people with a deep and impactful history. When historians and communities include indigenous stories, they present a version of Indiana history that is more complex and has a darker side. This inclusion reminds us that Indiana was settled not only through the efforts and perseverance of the Black and white settlers who cleared the forests, established farms, and cut roads through the landscape. It was also settled through the removal and genocide of native peoples. Both things are true. Both are Indiana history.

With this in mind, the new two-sided marker at Sycamore Row will read:

The sycamores here line the sides of the Michigan Road, which connected the Ohio River with Lake Michigan and further opened Indiana for white settlement and trade. Under intense military and economic pressure, Potawatomi leaders ceded the land for the road in 1826. John Tipton, one of the U.S. agents who negotiated this treaty, purchased the land here in 1831.

The state began work on the road in the 1830s. While there are several theories on how the trees came to be here, their origin is uncertain. By the 1930s, road improvements threatened the trees, but residents organized to preserve them over the following decades. In 1983, the Carroll County Historical Society petitioned to reroute the highway and saved Sycamore Row.

Of course, this does little more than hint at the complex history of the Potawatomi. Markers can only serve as the starting point for any story, and so, IHB uses our website, blog, and podcast to explore further. In Part Two of this post, we will take an in-depth look at the persecution of the Potawatomi to make way for the Michigan Road, their resistance to unjust treaty-making, their removal and genocide as perpetuated by the U.S. government, and the continued “survivance” of the Potawatomi people today in the face of all of this injustice.

*”Survivance” is a term coined by White Earth Ojibwe scholar Gerald Vizenor to explain that indigenous people survived and resisted white colonization and genocide and continue as a people to this day. Theirs is not a history of decline. Their work preserving and forwarding their culture, traditions, language, religions, and struggle for rights and land continues.

Notes

Special thanks to Bonnie Maxwell of the Friends of Carroll County Parks for sharing her newspaper research. Newspaper articles cited here are courtesy of Maxwell unless otherwise noted. Copies are available in the IHB marker file.

[1] “Trees Half Century Old Still Stand,” Logansport Pharos-Tribune, May 14, 1921.; “Lane of Trees at Deer Creek To Be Spared,” Logansport Pharos-Tribune, December 8, 1939.; “Deer Creek Road Corduroy Found at Taylor Fouts Place,” Logansport Pharos-Tribune, September 1, 1939.; Correspondence between Bonnie Maxwell, Joe O’Donnell, Tim Eizinger, and Lenny Farlee, submitted to IHB December 28, 2020, copy in IHB file.

[2] “Second State Road to Come in for Paving,” Logansport Pharos-Tribune, November 13, 1924, 1, accessed Newspapers.com.; “Lane of Trees at Deer Creek To Be Spared,” Logansport Pharos-Tribune, December 8, 1939.

[3] “Lane of Trees at Deer Creek To Be Spared,” Logansport Pharos-Tribune, December 8, 1939.; “Lane of Trees at Deer Creek To Be Spared by State,” Logansport Pharos-Tribune, December 16, 1939.; “Halt Cutting of Sycamores Along Route 29,” Logansport Pharos-Tribune, March 18, 1963.; “Governor Save 66 Sycamores,” Logansport Pharos-Tribune, March 19, 1963.; “Sycamores to Get Historical Marker,” Logansport Pharos-Tribune, April 4, 1963.; “Plant More Sycamores on Road 29,” Logansport Pharos-Tribune, April 4, 1963.

[4] “Historical Society Hears Research Report,” Hoosier Democrat, December 3, 1970.; Letter to the Editor, Hoosier Democrat, November 25, 1971.; Carroll County Comet, November 7, 1979.; Dennis McCouch, “Save the Sycamores” Carroll County Comet, November 7, 1979.; “Sycamore Row Petitions,” Carroll County Comet, January 16, 1980.; Von Roebuck, “Carroll County Landmarks to Remain Intact,” Logansport Pharos-Tribune, December 1, 1983.; “Bridge Work to Cause Deer Creek Detour,” Logansport Pharos-Tribune, June 7, 1987.

[5] Eric Foner, Who Owns History?: Rethinking the Past in a Changing World (New York: Hill and Wang, 2002), xvi.

How South Bend Attorneys Elizabeth and J. Chester Allen Lifted the “Heel of Oppression”

Elizabeth and J. Chester Allen, courtesy of Indianapolis Recorder, July 25, 1942, accessed Hoosier State Chronicles and South Bend Tribune, February 10, 2014, accessed SouthBendTribune.com.

*This is Part One in a series about the Allens.

Marriage is complicated enough. Add in opposing political views, routinely confronting systemic racism and sexism, and coping with the hardships of the Great Depression and World War II, and it’s even more challenging. African American attorneys Elizabeth and J. Chester Allen experienced these struggles and, while theirs was not a perfect marriage, through compromise, mutual respect, shared obstacles and goals, and love, they enjoyed 55 years together as man and wife. The South Bend couple dedicated themselves to each other and to uplifting the Black community by crafting legislation, organizing social programs, creating jobs, and demanding educational equality. The opportunities the Allens created for marginalized Hoosiers long outlived them.

On his way to Indianapolis in the late 1920s, J. Chester’s car broke down in South Bend and, after staying with a family on Linden Street, liked the city so much he decided to make it his home. Or so the story goes. Elizabeth Fletcher Allen, whom he met at Boston University and married in 1928, was likely working towards her law degree back in Massachusetts when J. Chester made that fateful trip. She would eventually join her husband in Indiana, but in the meantime J. Chester quickly got to work serving South Bend’s Black community. In 1930, J. Chester was admitted to the bar and the following year was appointed County Poor Attorney for St. Joseph County.

His arrival was perhaps serendipitous, as the Great Depression had begun rendering African Americans, who were already disenfranchised, destitute. J. Chester served as management committee chairman of the Hering House, which he described as “‘the clearing house of most of the social activities of the colored people as well as the point of contact between the white and colored groups of South Bend. . . . Its activities in the three fields of spiritual, mental and physical training make it indeed a character building institution.'” Through the organization, J. Chester helped provide 4,678 meals to unemployed African Americans, along with clothes, lodging, and medical aid to others in the Black community in 1931.

In addition to providing basic necessities during those lean years, J. Chester took on various anti-discrimination lawsuits in South Bend. In 1935, he helped prosecute a case against a white restaurant owner, who refused to serve Charles H. Wills, Justice of the Peace, in a section designated only for white patrons. That same year, J. Chester served as attorney for the Citizens Committee, formed in protest to the “unwarranted shooting” of Arthur Owens, a Black 18 year-old man, by white police officer Fred Miller. The Indianapolis Recorder, an African American newspaper, noted that eleven eyewitnesses recounted that “the youth was shot by Officer Miller as he stepped from a car with hands raised, after having been commanded by the officer and his companion, Samuel Koco Zrowski, to halt.” The officers had been pursuing the car with the belief it had been stolen.

“Public Angered at Whitewash,’” Indianapolis Recorder, June 1, 1935, 1, accessed Hoosier State Chronicles.

Elizabeth Allen-likely back in town temporarily-and other Black leaders organized a mass meeting to protest the “wanton, brutal and unwarranted” shooting. Despite boycotts, a benefit ball to raise prosecutorial funds, and protests by the Black community and white communists, a grand jury did not return an indictment against Officer Miller for voluntary and involuntary manslaughter. This, J. Chester said, was due to “blind prejudice on the part of the prosecutor.”

Despite a disheartening outcome, J. Chester continued to lend his legal expertise to combating local discrimination. The following year, he and a team of lawyers challenged Engman Public Natatorium’s ban on African Americans from using the facilities. The team presented a petition, likely prepared by Elizabeth, to the state board of tax commission demanding Engman remove all restrictions. Allen and other NAACP representatives had tried this in 1931, arguing that the natatorium was “supported in whole or in part by taxes paid by residents of the city,” including African Americans. Without access to the pool, they would be relegated to unsafe swimming holes, one of which led to the death of a Black youth the previous summer. While they had no luck in 1931, the 1936 appeal convinced commissioners to provide African American residents access to the pool, but only on the first Monday of every month and on a segregated basis. This was just one victory in the decades-long fight to fully desegregate the natatorium.

Image caption: Photograph of Leroy Cobb and two unidentified men sitting along Pinhook Park. In the era of segregation in South Bend, with city pools like the Engman Public Natatorium barring African Americans from entry, Pinhook Park became a popular location for public swimming, ca. 1947, St. Joseph County Public Library, accessed Michiana Memory Digital Collections.

While it appears that Elizabeth lent her aid to certain events in South Bend, like protesting the shooting of Owen, it is tough to discern Elizabeth’s activities at this time. This is perhaps due to scant documentation for African Americans, particularly women, during this period. Likely, she was working towards her law degree at Boston University, despite being told by an admissions officer “there was not need to come and advised she get married.” Proving the officer wrong, Elizabeth not only got married, but gave birth to two children while pursuing her law degree. She attributed this tenacity to the confidence her father instilled in her during childhood and later said “’To be a woman lawyer you have to have the hide of a rhinoceros.’”

Her persistence paid off and after joining J. Chester in South Bend, she was admitted to the bar in 1938. Perhaps her presence inspired in him a sense of security and conviction, resulting in a run for the Indiana General Assembly. That year, voters elected J. Chester (D) the first African American to represent St. Joseph County. Rep. Allen introduced and supported bills that would eliminate racial discrimination in sports, the judicial system, and public spaces. The new lawmaker also endorsed bills that would require Indianapolis’s City Hospital to employ Black personnel and that would mandate appointing at least one African American to the State Board of Public Instruction, telling his colleagues “the legislature should see to it that these children had a spokesman of their own racial group to assure their obtaining a measure of equal accommodation and facilities in the segregated public school system” (Indianapolis Recorder, March 11, 1939). Writer L.J. Martin praised Allen’s unwavering commitment to serving Black Hoosiers while in public office, noting in the Indianapolis Recorder,

Hon. J. Chester Allen said he had stayed up late at night reading bills for such ‘racial traps.’ He found them, he eliminated them, one hotel sponsored bill in particular would have been a slap at the race. Mr. Allen astonishes me, in the forcible argument for racial progress.

J. Chester Allen (center), South Bend Tribune, November 6, 1940, 17, accessed Newspapers.com.

While J. Chester walked the halls of the statehouse, championing bills that furthered racial equality, Elizabeth was able to make a difference as a lawyer. The couple opened “Allen and Allen” in 1939—the same year she gave birth to their third child. One of the first Black female lawyers in the city, and likely state, Elizabeth quickly forged a reputation as an articulate and ambitious woman. She did not hesitate to express her convictions, not even to First Lady Eleanor Roosevelt. Elizabeth sent her a letter expressing the need to integrate housing and provide African Americans with the same government-funded housing white Americans received. Elizabeth’s son, Dr. Irving Allen, told an interviewer that Roosevelt’s response resulted in his mother’s “angry departure” from the Democratic Party. Allegedly, Roosevelt “sent back this long-winded pretentious letter rationalizing the situation . . . that the races couldn’t live together.” Both idealistic, Dr. Allen recalled that his parents’ political discourse over the dinner table “could blow up at any time.”

Elizabeth’s editorial for the South Bend Tribune, entitled “Negro and 1940,” also provides insight into her views. She lauded the “new Negro,” who:

is fearless and motivated by confidence in his belief that he owes to his race the duty of guiding those members whose minds have not been trained to clear thinking, his knowledge that the able members of his race have always from the beginning of this country contributed to the civic upbuilding and a conviction that it is up to him to keep the gains which have been made.

Membership Card, 1944, J. Chester and Elizabeth Fletcher Allen Collection of the Civil Rights Heritage Center, Indiana University South Bend Archives, accessed Michiana Memory Digital Collection.

By this definition, Elizabeth exemplified the “new Negro,” dedicating her life to uplifting South Bend’s Black community through her work with the NAACP’s Legal Redress Committee and by organizing drives to improve housing for minorities. According to her son, Dr. Irving Allen, Elizabeth embodied the Black empowerment she wrote about, challenging oppression and advocating for those “being cheated out of a decent life.” Dr. Allen suspected that his mother also wanted to effect change as a legislator, but sacrificed her political aspirations to support her husband’s career.

Elizabeth Allen, courtesy The History Museum Collection, accessed Roberta Heinman, “Suffragists and Activists are Among 10 Influential Women in Indiana,” South Bend Tribune, August 16, 2020.

Although Elizabeth felt she had to shelve her political aspirations, she complemented her husband’s legislative work, particularly regarding World War II defense employment. The outbreak of war in Europe in 1939 created an immediate need for the manufacture of ordnance. While U.S. government war contracts lifted many Americans out of the poverty wrought by the Depression, many manufacturers refused to hire African Americans. This further disenfranchised them as, according to W. Chester Hibbitt, Chairman of the Citizens’ Defense Council, an estimated 54% of African Americans living in Indiana were on relief by 1941.

And while the federal government complained of a labor shortage, J. Chester contended that “Negro workers, skilled and semi-skilled, by the thousands are walking the streets or working on W. P. A. projects, because they happen to have been endowed with a dark skin by the Creator of all men'” (“The Story of House Bill No. 445, p.15). He argued that it was the responsibility of lawmakers to prohibit employment discrimination, not only to eliminate poverty, but to safeguard democracy. Echoing the Double V campaign, Rep. Allen stated that “our first line of defense should be the preservation of the belief in the hearts of all men, black and white alike, that Democracy exists for all of us; that we are all entitled to a home, a job and the expectancy of better things to come for our children.” The continued denial of American minorities’ rights undermined the fight for freedom abroad.

Elected to a second term in 1940, J. Chester led the call for anti-discrimination legislation. Months before President Roosevelt issued Executive Order 8802, Rep. Allen and Rep. Evans introduced House Bill No. 445. If enacted, it would make it illegal for Indiana companies benefiting from federal defense contracts “to discriminate against employing any person on account of race, color or creed.” So popular was the bill that after the Indiana Senate passed it, delegations of African Americans and their children filled statehouse corridors and galleries, carrying “placards advocating passage of the bill, describing the measure as the only thing necessary to provide Negroes with jobs” (“The Story of House Bill No. 445”, p.7).

The Indiana State Chamber of Commerce, “The Story of House Bill No. 445 . . . A Bill That Failed to Pass,” (Indianapolis, 1941?), Indiana State Library pamphlet.

Despite the bill’s promising fate, on the last day of session the House kicked it over to the Committee on Military Affairs, where it essentially died. In an article for the Indianapolis Recorder, J. Chester noted that although the bill was defeated,

such state-wide attention had been drawn to the sad economic plight of the Negro workers of Indiana and its attendant dangers that people of both races agreed that the alleviation of the Negro unemployment problem was the number one job of the preparations for war of Indiana and proceeded in for right home-rule manner to do something about it.

On June 1, 1941, Governor Schricker answered the call to “do something about it,” appointing J. Chester the Coordinator of Negro Affairs to the Indiana State Council of Defense. As part of the Indiana Plan of Bi-Racial Cooperation, Allen traveled throughout the state, appealing to groups like the A.F.L., C.I.O., and the Indiana State Medical, Dental and Pharmaceutical Association, which all formally pledged to employ African Americans. Through intensive groundwork, Allen established bi-racial committees in at least twenty Indiana cities.

Based on the “mutual cooperation between the employer, labor and the Negro,” the Recorder reported that these local committees would “go into action whenever and wherever Negro industrial employment presents a problem.” Although his persuasive skills often convinced employers to hire Black employees, historian Emma Lou Thornbrough noted that “Allen sometimes invoked Order 8802 and threats of federal investigation to persuade management to employ and upgrade black workers.”

The Indiana State Defense Council and The Indiana State Chamber of Commerce, “’Job Opportunities for Negroes:’ The Goal of Indiana’s Bi-Racial Cooperation Plan,” Pamphlet No. 4 (January 1943), accessed Hathitrust.

Allen and the bi-racial committees also served as a sort of “middlemen” for white employers who wanted to hire African Americans, but were unsure how to recruit those best-suited for the job. Allen and the committees distributed “mimieographed questionnaires,” which provided” more valuable information with respect to Negro labor supplies, skills, etc. This information was then used with great effect in the mobilization and cataloguing of types of dependable Negro workers for local defense industries.”

Under Allen’s leadership, the Indiana Plan proved incredibly successful, providing employment to those, in Allen’s words, “whose record of loyalty and services dates in an unbroken chain back to the year 1620” (“The Indiana Plan of Bi-Racial Cooperation,” p.5). According to the “Job Opportunities for Negroes” pamphlet, between July 1, 1941 and July 1, 1942, there “was a net increase of 82% Negro employment, most of which was in manufacturing. . . . working conditions also improved” (p.2). (It should be noted that employers continued to deny African Americans jobs in “skilled capacities.”) In fact, Indiana was awarded the “Citation of Merit” by the National Director of Civilian Defense for “outstanding work in the field of race relations.” So efficiently organized and implemented, other states used the plan as a model to bring African Americans into the workforce.

Indiana State Defense Council, The Indiana State Chamber of Commerce, and Governor Schricker’s Negro Employment Committee, “What is the Truth About Job Opportunities for Negroes in Indiana?,” (August 1942), Indiana State Library pamphlet.

The Bi-Racial Cooperation Plan’s significance endured long after World War II ended. White employers could no longer claim that Black Hoosiers lacked the skills or competence required of the workplace or that it was “unnatural” for white and Black employees to work alongside each other. Reflecting on the program, Allen wrote in 1945, “Time was when a Negro interested in securing better employment opportunities for his people could not even obtain an audience with those able to grant such favors.” But the Bi-Racial Cooperation plan “has accomplished more for the Negro’s permanent economic improvement than had been done in the preceding history of the state.”

While African Americans were often the first to be let go from defense jobs with the conclusion of war, Allen’s work permanently wedged the door open to employment for Black Hoosiers. Allen, perhaps at the encouragement of Elizabeth, emphasized the importance of creating job opportunities for Black women and in his 1945 article noted that thousands of female laborers “have been upgraded from traditional domestic jobs, to which all colored women had previously been assigned irrespective of training or ability, to defense plants as receptionists, power-sewing machine operators, line operators and other better paying positions where their training can be utilized.”

Elizabeth Allen front left, J. Chester Allen back of the table, Ca. 1944, J. Chester and Elizabeth Fletcher Allen Collection of the Civil Rights Heritage Center, Indiana University South Bend Archives, accessed Michiana Memory Digital Collection.

Like her husband, Elizabeth refused to accept that Black Hoosiers would be excluded from the economic boon created by defense jobs. In the early 1940s, she established a nurse’s aid training and placement program for Black women in St. Joseph County. Of her WWII work, Elizabeth’s son said that she opened professional doors for Black women and that she saw herself as helping people who were oppressed. Like J. Chester, Elizabeth helped select local men for placement in defense jobs and, according to an October 11, 1941 Indianapolis Recorder article

used the utmost care in selecting the men to go into the factory realizing that future opportunities were dependent upon the foundation which these pioneers laid both in building good will among the fellow employes, and proving to the management that colored are reliable, trustworthy, hard-working and capable of advancing.

While J. Chester traveled the state, Elizabeth tended to the needs of the local community, chairing a drive in 1942 at Hering House for “community betterment in housing[,] social and industrial fields.” In the 1940s, Elizabeth organized various meetings to improve local housing for the Black community, emphasizing the link between substandard residences and crime rates, delinquency, and health. Deeply committed to ensuring quality education for African American children, Elizabeth founded Educational Service, Inc. in 1943, which encouraged youth to pursue social and economic advancement, provided financial aid to “worthy” students, offered individual counseling, and fostered good citizens. All of this while caring for three young children and likely manning the couple’s law office, as J. Chester fulfilled his duties with the Indiana State Council of Defense. Fortunately, Elizabeth later told the South Bend Tribune, “I want to keep busy constantly. I have to be about something all the time.”

When the war clouds cleared, the Allens achieved many of their professional and philanthropic goals. But they also experienced immense personal loss that appeared to test their marriage. Their post-war journey is explored in Part II.

Sources:

The majority of this post is based on state historical marker notes, in addition to the following:

“11,605 Helped by Hering House,” South Bend Tribune, April 22, 1931, 5, accessed Newspapers.com.

“11 Witnesses Charge Police Shot too Soon,” South Bend Tribune, April 10, 1935, 1, accessed Newspapers.com.

“Seek to Avenge Youth’s Death,” Indianapolis Recorder, May 25, 1935, 1, 2, accessed Hoosier State Chronicles.

“Public Angered at Whitewash,’” Indianapolis Recorder, June 1, 1935, 1, accessed Hoosier State Chronicles.

Elizabeth F. Allen, “Negro and 1940,” South Bend Tribune, October 1, 1939, 5, accessed Newspapers.com.

The Indiana State Chamber of Commerce, “The Story of House Bill No. 445 . . . A Bill That Failed to Pass,” (Indianapolis, 1941?), Indiana State Library pamphlet.

The Indiana State Defense Council and The Indiana State Chamber of Commerce, “The Indiana Plan of Bi-Racial Cooperation,” Pamphlet No. 3, (April 1942), Indiana State Library pamphlet.

Mary Butler, “Mrs. Elizabeth Allen Lays Down Law to Family,” South Bend Tribune, July 30, 1950, 39, accessed Newspapers.com.

“Adult Award Winner,” South Bend Urban League and Hering House, Annual Report, 1960, p. 5, accessed Michiana Memory.

“Area Women Lawyers Tell It ‘Like It Is,’” South Bend Tribune, March 9, 1975, 69, accessed Newspapers.com.

Marilyn Klimek, “Couple Led in Area Racial Integration,” South Bend Tribune, November 30, 1997, 15, accessed Newspapers.com.

Emma Lou Thornbrough, Indiana Blacks in the Twentieth Century (Bloomington: Indiana University Press, 2000), p. 207.

Putting the Vote to Work: How Women Voters and Poll Workers Rallied during the 1920 Election

Indianapolis News, November 2, 1920, 13, accessed Newspapers.com.

A caravan of automobiles, expertly commanded by Evansville women, arrived at polling stations on November 2, 1920. That day, Hoosier women exercised their right to vote for the first time in history. In their decades-long work for enfranchisement, many women found their political voice, gained self-assurance by withstanding public scrutiny, and mastered the art of grassroots mobilization. This served them well on Election Day, when the Evansville Courier reported that “One girl had been held up by some of her boy friends who were attempting to remove the political insigna [sic] from her car, but she was demonstrating the fact that this day had women came into their own and was defending her car and her party valiantly. From somewhere another young amazon came to her rescue. It was a good natured scrap but the girls won.”

Indeed, the activism of the suffrage movement carried over to ballot box. In Evansville, women in “conspicuously labeled” automobiles ensured that no sister was left behind and picked them “up off the streets and hauled to their respective voting places, irrespective of politics.” Hoosier women invoked the communal spirit of the homefront during World War I, when they organized for war work and suffrage. Munster women drove to women’s houses to watch their children, while the “mistress of the house was taken to the polls.” In Evansville, as with cities across the country, “Many women took turns with her neighbor in minding the children while the other voted. That plan worked nicely. The political women workers also took charge of the children while mothers voted.”

Some working women in Evansville arrived at the polls early, so as to miss as little work as possible. Other women, like those employed by the Fendrich Cigar Factory, were given a “half holiday,” so they could exercise their newfound right. On the northside of the city, women went from “house to house,” arranging for housewives to vote earlier in the day. This would “clear the way for factory workers who could vote only between 5 and 6 o’clock.”

Evansville Courier, November 3, 1920, 13, Indiana State Library microfilm.

Once at the polls, women capitalized on the long-awaited opportunity. In Noblesville, papers reported that it was common for women who encountered long voting lines to insist that men let them vote first. The men obliged. Women at one precinct demonstrated passion equal to that of male voters, as they “became involved in some pretty heated arguments over politics,” but quickly disengaged when polling officials intervened. Muncie women, especially those who worked, voted early and the Star Press reported that “Intense interest was manifested in the campaign issues by the women clerks in many uptown stores and there were many heated debates overheard by those so fortunate to be far back in line awaiting their turn to vote.” As with Noblesville, the Muncie debates dissipated without incident.

Mrs. F. T. Reed, of Indianapolis, wouldn’t let a car accident, which left her “badly bruised and shaken,” keep her from casting her vote. After an ambulance took her home, she rested for a few hours before returning to the polls. Inspector of the Third Precinct of the 18th Ward, Charles H. Taylor, observed that women voted “intelligently, quickly, and manifested more interest in the election than the men.” In Gary, mothers hurried to the polls in the early morning. The Gary Evening Post remarked, “She didn’t stop outside to chat though, just hurried back home and resumed her management of a successful home while all the silly talk about mother neglecting her home and children to vote evaporated.”

Some Hoosiers marveled that women needed little help with the process of voting. In Indianapolis, “Contrary to expectations, women voters did not become confused when they reached the voting booths.” Far from meek or bewildered, one Evansville woman cast her vote so fervently that she ripped the handle off of the machine. The Noblesville Ledger remarked that Hamilton County women, some of whom voted in their “kitchen apparel” so as not to waste any time, “walked into the precincts as if they had been voting all of their lives.” The Tipton Daily Tribune attributed the success of local women in voting “to the interest they took in learning to vote. The voting schools in Tipton and over the county were filled each day with women trying out the system and receiving instructions.”

African American women, who had been so integral to obtaining the vote, too turned out in droves. The Indianapolis News noted that in some parts of the city “colored women swarmed to the polls in greater numbers than men.” According to historian Jill Weiss Simins, party organizers arranged for a cannon blast to rouse residents of the Fifth Ward, who lived in predominantly-Black areas like Indiana Avenue and Ransom Place, to ensure that no voters overslept on Election Day. Weiss Simins vividly depicted the moment:

The Black women of the Fifth Ward’s Second Precinct dressed up in high-heeled shoes and lace up boots, donned coats with wide collars and fur edging, and sported a variety of hats trimmed with satin ribbons. They made their way to 904 Indiana Avenue, walking past several shops, a large dry goods store, and a doctor’s office, and lined up outside ‘Wm. D. Chitwood Fruits,’ a large market that served as their polling place.

Like many white women voters, they endured long lines in the bitter cold and generally voted for the Republican Party. Unlike white voters, their livelihood and well-being depended much more on the results of the election, as Indiana Equal Suffrage Branch #7 president Carrie Barnes contended, “We all feel that colored women have need for the ballot that white women have, and a great many that they have not.”*

Evansville Courier, November 3, 1920, 6, Indiana State Library microfilm.

The women who staffed the polls displayed the same grit as female voters. In Elwood, women workers did whatever was asked of them, “holding the poll books in the chill November air.” In Culver, Republican women instructed voters how to properly mark their ballots, occasionally ducking into tents equipped with stoves to keep them warm. Hoosier reporters across the state commended the efficiency with which women worked the polls. The Elwood Call-Leader wrote, “The Republican and Democratic chairmen owe much to the efforts of the woman who entered the campaign with a commendable spirit and their participation lent dignity all along the line.”

Evansville Courier, November 3, 1920, 5, Indiana State Library microfilm.

While Hoosier women suffered no fools at the polls, their presence also produced a kinder, more dignified election than of those past. The Evansville Courier noted that “At the polls there was nothing but courtesy and kindliness, showing that the softening influence of a woman’s presence was felt even there.” The Richmond Item reported that the barbs thrown at voters whose candidates lost were noticeably gentler and that no brawls erupted due to the attendance of women. Even the ballots were cleaner, as the Tipton Daily Tribune reported: “All the ballots marked by the ladies were folded with an exactness and neatness which could easily be detected when the ballot boxes were opened.”

Evansville Courier, November 3, 1920, 11, Indiana State Library microfilm.

On the evening of November 2, Hoosier women, likely exhausted yet proud, waited as their ballots were counted. Evansville residents watched returns projected from stereoptican slides onto a twenty-four foot wide screen hung from a downtown building. In Muncie, crowds watched returns projected by the Star Press on a screen hanging from the YMCA building. The 1920 election experienced the largest voter turnout in the state’s history, with 71,000 of 76,000 registered women casting their vote in Indianapolis. The Black vote in Indiana, an estimated 45,000 voters, played a large part in the national election and shifted “the balance of power,” according to the National Association for the Advancement of Colored People (NAACP). With the victors declared, many women held election parties at sites like the Victoria Hotel and the mayor’s office in Gary.

The 1920 election was significant not only because women skyrocketed voting rates, but because they changed the nature of elections. Hoosier women demonstrated how to conduct an election not only efficiently, but respectfully and with kindness. Evansville Democrat Walter Wunderlich said he had never seen “anything like it before in politics” and that “I wouldn’t go back to the old conditions for anything. I haven’t heard a quarrel all day.” The ingenuity women displayed in getting their fellow voters to the polls, regardless of party affiliation, was truly American. The spirit of Indiana’s suffragists lives on through the League of Women Voters, which formed with the ratification of the 19^th Amendment and continues to ensure that voters are informed, empowered, and show up for the democratic process.

* While some southern states disenfranchised Black women through state election laws and voter intimidation, Black women in Indiana faced no legal obstacles to voting.

Sources:
*All newspaper articles accessed via Newspapers.com unless otherwise specified.

“Clean Sweep is Made,” Star Press (Muncie, IN), November 3, 1920, 4.

“Did You Hear That,” The Times (Munster, IN), November 3, 1920, 1.

“Election Crowd Good Natured,” Richmond Item, November 3, 1920, 2.

“Election is Quietest Ever,” Evansville Courier, November 3, 1920, 11, Indiana State Library microfilm.

“Indiana Women Wear Boudoir Caps to Elections,” Gary Daily Tribune, November 2, 1920, 1, Indiana State Library microfilm.

“Less Than 5,000 of 76,000 Women in County Fail to Vote,” Indianapolis Star, November 3, 1920, 11.

“Made Fine Showing,” Tipton Daily Tribune, November 3, 1920, 1.

Anita Morgan, “We Must Be Fearless:” The Woman Suffrage Movement in Indiana (Indianapolis: Indiana Historical Society, 2020) , 204.

Jill Weiss Simins, “A ‘Record of Protest Against Prejudice’: Black Hoosier Women Vote in the 1920 Election,” Indiana Historical Bureau (2020).

“The Election,” Culver Citizen, November 3, 1920, 1.

“Women Ballot Early and Fast,” Fort Wayne Journal-Gazette, November 3, 1920, 1.

“Women Filled All Requirements in Election Day Duties,” Call-Leader (Elwood, IN), November 3, 1920, 1.

“Women Had Good Time at Election,” Noblesville Ledger, November 3, 1920, 1.

“Women Hurry to Polls to Cast Ballots,” Gary Evening Post, November 2, 1920, 7, Indiana State Library microfilm.

The Debate over “Decency:” How Hoosiers Challenged Anita Bryant’s Anti-Gay Rights Crusade

Advertisement, Indianapolis Star, October 1, 1977, 19, accessed Newspapers.com.

Pop singer, evangelical Christian, and Florida orange juice spokesperson Anita Bryant symbolized the contentious battle over American civil rights and national mores in 1977. Grounded in her religious convictions, she launched the “Save Our Children” campaign, which led to the repeal of a Dade County ordinance that would protect the rights of homosexual residents. That October, Bryant flew to Indianapolis to perform and spread her anti-gay rights message at the “Rally for Decency,” alongside controversial southern pastor Jerry Falwell Sr. and Indiana lawmaker Don Boys, who planned to introduce a bill at the 1978 legislative session that would criminalize sodomy.[1]

From the moment Bryant’s plane touched down to the second she departed the Indiana State Fairgrounds Coliseum, Hoosier journalists and activists pressed Bryant on her opposition to the employment of gay teachers and her advocacy of gay conversion therapy. Like in Indianapolis, her visits to Fort Wayne and South Bend later that month were met with protest, albeit characteristically polite in nature. One of the nation’s leading gay rights activists at the time, Bob Kunst, credited Anita Bryant’s 1977 crusade with forwarding the gay rights movement by normalizing discussions about homosexuality.[2]

Indeed, her efforts to keep gay individuals from obtaining their rights inspired organized resistance in Indiana. The Michiana Human Rights Coalition formed in direct response to her appearance in South Bend. Her visits to the Hoosier state also catalyzed support for gay rights from those outside of the queer community, many of whom may not have given much thought to the plight of this minority group previously. Catholic and cisgender University of Notre Dame Library employee Charles Early explained why he protested her performance on campus in The South Bend Tribune, noting “I joined in a demonstration opposing Anita Bryant on an issue which did not affect me personally because I believe that the spirit which she represents is ultimately a threat to everyone’s rights.”[3]

Here, we examine Hoosier protest to Bryant’s 1977 visits and how similar resistance across the country effectively ended her entertainment career, resulted in the loss of lucrative endorsement deals, and reflected changing national mores.

Schlafly at the Illinois State Capitol, June 19, 1978, photo: Bettman/Getty Images, accessed Town and Country.

It could be said that the conflicting movements of 1977 constituted a fight for the nation’s soul. Journalist Gloria Steinem, bearing her trademark aviator eyeglasses, mobilized feminists in support of women’s reproductive rights and long-awaited ratification of the Equal Rights Amendment (ERA), which would guarantee equal legal rights for women. Leading counter-protests, conservative activist Phyllis Schlafly, “STOP ERA” button dutifully pinned to her lapel, rallied “pro-family” troops at the White House.[4] Occupying the same battlefield as Schlafly was Anita Bryant, who shared her desire to quell the winds of cultural change and safeguard “traditional” American family values. Of this resistance, Early theorized “Many people today are frightened and disturbed by the unrest and rapid change in American society, and they want to go back to a time when things were simpler and more understandable.”[5]

While Steinem and Schlafly sparred over the role and rights of women, Bryant focused on safeguarding the American family by suppressing the rights of gay Americans. Fearing her children would be exposed to the “perversion” of gay teachers, she successfully led a movement to repeal a Dade County, Florida ordinance that would prohibit teachers from being fired due to their sexual orientation.[6]

The Works (May 1985), 31, accessed Chris Gonzalez GLBT Archives.

Anita and her husband Bob Green insisted that they loved gay individuals, so much so that they dedicated themselves to converting them to heterosexuality in order to save them from hell and the “sad” lifestyle they lived. Green recalled:

‘When we were kids, we used to say if a guy was a homosexual, all we had to do was fix him up with a girl and the next day he’d be heterosexual. . . . Well it’s not like that. Anita and I have led many, many homosexuals to the light. But it’s a slow process. It’s an area of sin Christians need to work on.’[7]

Feeling no love from the devout Christian couple was Ernest Rumbarger, an Indianapolis resident and gay contributor to The Works. He recalled that in the 1970s gay men “were finally learning how to communicate with each other in a social setting other than bars” and that “Gay businesses as such were beginning to flourish and, all in all, things seemed to be going rather well.” That is, until Anita Bryant undertook her “Save Our Children” campaign. Indianapolis police officers arrested Rumbarger and two other men in 1977 for homosexual prostitution in Indianapolis. Rumbarger wrote that he and his partner were two of Bryant’s “better known local victims. We were taken from our home in the middle of the night and held for eight days in jail, incommunicado.” Despite receiving no assistance from the Indiana Civil Liberties Union or Gay People’s Union, a grand jury found Rumbarger not guilty and reportedly offered him an “unsolicited public apology.” The Hoosier wrote “On either coast we would have been carried through the streets and hailed as national heroes” for his triumph over persecution.[8]

The Daily Journal (Franklin, Ind.), October 8, 1977, 1, accessed Newspapers.com.

As Bryant’s campaign emboldened harassment of queer individuals, Hoosier allies mounted resistance to her October 7 visit to Indianapolis. The day before the “Rally for Decency,” the Indiana Coalition for Human Rights hosted a news conference, attended by representatives of the Metropolitan Community Church of Indianapolis, Gay People’s Union, and the Sex Information and Education Council of Indiana. Coalition spokesperson Mary Byrne told the press that allies would picket Bryant’s performance “because she represents a force for evil and persecution. She has inflamed irrational prejudices and fostered fear and hatred.” Attending the protest would be Baptist minister Rev. Jeanine C. Rae, who believed that fundamentalists’ attempts to legislate sexuality threatened the separation of church and state. She argued that withholding human rights from certain communities “‘limits the freedom of all persons-including white heterosexual Baptists.'”[9]

Immediately after arriving at the Indianapolis International Airport on the day of her performance, Anita participated in a press conference, looking, in the words of journalist Robert Reed, “very much like an aging but attractive president of the local PTA.” She and her husband fielded questions about her work to repeal the Dade County ordinance, which she felt afforded gay individuals “special privileges” and would allow them to flaunt homosexuality in the classroom.[10] She believed “God put homosexuals in the same category as murderers, thieves and drunks. Homosexuality is a sin and I’m against all sin. I’m also against laws that give respectability and sanction to these types of individuals.”[11] Her crusade against these laws, she alleged, incited a “national conspiracy” against her. She reported receiving bomb threats and the loss of product endorsements. Reed wrote that her statements were ill-received by journalists, who left the press conference while she was still talking.[12]

Protesters at the Fairgrounds, Indianapolis Star, October 8, 1977, 32, accessed Newspapers.com.

That night, the Indiana State Fairgrounds Coliseum thrummed with cheers and “Amens” as approximately 7,000 attendees absorbed the words of speakers who outlined their plans to “restore decency” in America. The Martinsville Reporter-Times noted that the event “took on the aura of a political rally and a Baptist revival.”[13] Local pastors emphasized the need to elect officials who supported causes like “Save Our Children,” some of whom sat in that very coliseum. Greenwood Rep. Donald Boys advocated for his anti-sodomy law, to be introduced the following year, and for lawmakers to expunge the Equal Rights Amendment. After his bill failed to pass in 1976, the persistent lawmaker wrote, “‘This is the day of equal rights unless you happen to be a Christian, conservative, white male, creationist.’”[14]

Outside of the coliseum, 500 protesters bore the rain, carrying dampened signs that read “Straights for gay rights” and “A day without human rights is a day without sunshine”— a play on the Florida Citrus Commission’s “Breakfast without orange juice is like a day without sunshine” slogan.[15] Protesters included Fritz Lieber, co-chairman of the Indiana Coalition for Human Rights, who lost his teaching position for being gay. Mary Hoffman, her husband, and three kids also attended the demonstration, believing that Bryant’s message “‘parallels McCarthyism, the Ku Klux Klan and Hitler.'” As protesters stoically made their presence known, Rev. Jerry Falwell quipped on the stage, “It’s a shame it’s raining. It might wash off their make up.”[16]

Bryant on stage at the Indiana State Fairgrounds, Indianapolis Star, October 8, 1977, 32, accessed Newspapers.com.

When at last Bryant took the stage, the audience was rapt, hanging onto every word she sang. She occasionally punctuated her religious and patriotic songs with oration—like warning the audience that “if parents don’t rise up and set standards for our children, the humanists, the ultra-liberals and the militant homosexuals will”—which inspired several standing ovations.[17] After her performance, the polarizing figure departed for Nashville, but the momentum generated at the rally carried over to the next day, when a parade of 500, led by U.S. Marine Cleve McClary, marched to Monument Circle. There, 2,000 Hoosiers joined them for an “encore” rally to “restore decency.” Local pastor Earl Lawson, who worked to reform homosexual individuals and sex workers, declared that he would organize similar rallies across the state.[18]

Opponents responded to the continued rallies through the press. Indianapolis newspapers printed an advertisement compiled by sixty-three clergy protesting “the crusade against persons with homosexual orientation.” A few days after the rally, Jerry Briscoe wrote to the Indianapolis News editor that Bryant’s judgment of others “has become devastating to their existence” and contradicted Christian theology. He stated, “God is our ultimate judge—that is, of course, before Anita Bryant came along.”[19]

Athletic and Convocation Center, University of Notre Dame, South Bend Tribune, October 28, 1977, 1, accessed Newspapers.com.

Hoosiers, joined by Cleveland and Chicago activists, again mounted resistance to Bryant when she returned to Indiana at the end of the month. The Michiana Human Rights Coalition formed ahead of her October 26th concert at the University of Notre Dame, with the motto that “All God’s Chillun Gotta Sing.” Protesters planned to march with signs bearing Bible verses and Shakespearean quotes reaffirming human rights.[20] That evening, only 500 of the arena’s 10,000 seats were occupied. The South Bend Tribune reported that Bryant, who led the audience in prayer for gay individuals, unwed couples living together, and divorced couples, “seemed lost in the vastness of the Athletic and Convocation Center.” The number of protesters, both in support of and opposition to Bryant, nearly matched that of concert-goers.[21]

About two weeks before her Notre Dame performance, a protester threw a pie at Bryant during a press conference in Des Moines, Iowa. Her face eclipsed by whipped cream, Bryant tried to pray for the man before breaking down into tears.[22] South Bend demonstrators determined to make their opinions known peacefully and by demonstrating love. They went so far as to invite Bryant to a “gay” reception in her honor, to which she declined. In lieu of pie, they gave her a bouquet of roses and dropped petals at the feet of counter-protesters.[23]

Charles Early, “Counter-protesters at Bryant Concert Warped by Hatred,” The South Bend Tribune, November 7, 1977, 15, accessed Newspapers.com.

According to Catholic Notre Dame employee Charles Early, the same kindness was not exhibited by counter-protesters, one of whom spat on the seven-year-old daughter of a Michiana Coalition leader. However, Early alleged the “fiasco” that was the concert showed a growing acceptance of the marginalized community.[24] Just three days later, demonstrators picketed Bryant’s performance at Fort Wayne’s Embassy Theater for the 60th anniversary celebration of the Brotherhood Mutual Insurance Co. Some carried signs saying “Gay is Okay” and “Anita Bryant is Proof Orange Juice Causes Brain Damage.”[25]

Bryant was met with similar protests across the country and nationwide boycotts of orange juice, endorsed by entertainment titans like Barbara Streisand, John Waters, and Mary Tyler Moore.[26] Gay bars swapped orange juice for apple in screwdriver cocktails. The backlash effectively ended her entertainment career and endorsement deals. She reportedly lost $500,000 in television contracts, was no longer booked for performances, and lost her years-long endorsement deal with the Florida Citrus Commission.[27] Bryant’s crusade ultimately backfired and activists credit her with bringing the issue of gay rights to the forefront. One South Bend Tribune editorial noted that she “stirred a reaction among those whose awareness of and sympathy with the problem previously was minimal but who automatically throw up mental defenses against extremism.” The author wrote that her campaign also prompted examination of the “psychological and physical complexity of homosexuality.”[28]

Bryant promoting Florida orange juice, accessed South Florida Gay News.

In Louisville, Bryant’s crusade inspired some gay and lesbian residents to cautiously come out of the closet. The thought that “‘We’re all monsters'” inspired one man to be open about his sexuality.[29] Another man interviewed noted that “Anita has made gays aware of themselves.” Reflecting increasingly-tolerant attitudes, that November Harvey Milk became the first openly-gay elected official in California, when he won a seat on the San Francisco Board of Supervisors. He introduced a gay rights ordinance similar to that which officials repealed in Dade County.[30]

By 1980, Anita Bryant was divorced and financially depleted.[31] Five years earlier, she described the agony of choosing whether to prioritize her family and Christian faith over a career in entertainment.[32] Although she experienced “depressions and doubts, caused by the many sides of me coming into conflict,” prayer revealed to her that she must relinquish ambition and submit to a life of service to her family and Christ. Now shunned by Christian fundamentalists for leaving her marriage, perhaps she related to the lyrics of a song she performed in 1964:

The world is full of lonely people
I know because I’m one of them [33]

Celebrations resounded in courthouses across the country in 2015, when the U.S. Supreme Court struck down same-sex marriage bans in all states.[34] But the 2015 enactment of Indiana’s Religious Freedom Restoration Act, as well as the 2018 firing of a Roncalli High School guidance counselor upon discovery of her same-sex marriage, again set off passionate debate about religious and civil rights.[35] The events of October 1977 demonstrate that Hoosiers have historically participated in the debate and protested for what they believe is right.

Notes:
* All newspaper articles accessed via Newspapers.com.

[1] Mike Ellis, “‘Standards Must Be Set by Parents,'” Indianapolis News, October 8, 1977, 2.

[2] Interview, “Anita Bryant Confronted in 1977,” Who’s Who, accessed YouTube.

[3] Charles Early, “Counter-protesters at Bryant Concert Warped by Hatred,” South Bend Tribune, November 7, 1977, 15, accessed Newspapers.com.

[4] Karen Karbo, “How Gloria Steinem Became the ‘World’s Most Famous Feminist,'” March 25, 2019, accessed National Geographic.; Douglas Martin, “Phyllis Schlafly, ‘First Lady’ of a Political March to the Right, Dies at 92,” September 5, 2016, accessed New York Times.

[5] Early, “Counter-protesters at Bryant Concert Warped by Hatred.”

[6] Barney Seibert, “Perverts’ Hatred Makes Life Tough for Anita Bryant,” The Reporter-Times (Martinsville, IN), April 10, 1980, 5.

[7] Holly Miller, “‘Deliverance:’ Anita and Mate Tell Their Story,” Anderson Herald, October 8, 1977, 1.

[8] “3 Arrested in ’77 Freed of Charges,” Indianapolis Star, March 9, 1979, 20.; Editorial, E. Rumbarger, “What Do Hoosiers Have to Be Proud of?,” New Works News (June 1989), 4, accessed Chris Gonzalez GLBT Archives.

[9] “Anita to Face Pickets Here,” Indianapolis News, October 6, 1977, 3.; Jan Carroll, “Groups Call Miss Bryant Evil Force,” Courier-Journal (Louisville, KY), October 7, 1977, 6.; “Protesters to Be on Hand to Picket Anti-Gay Rally,” Daily Journal (Franklin, IN), October 7, 1977, 5.

[10] Robert Reed, “Anita Bryant: She Draws Line for Hoosier Journalists,” Daily Journal (Franklin, IN), October 8, 1977, 2.

[11] Miller, “‘Deliverance:’ Anita and Mate Tell Their Story.”

[12] Reed, “Anita Bryant: She Draws Line for Hoosier Journalists.”

[13] “Protesters Picket Anita Bryant Decency Rally in Indianapolis,” Reporter-Times (Martinsville, IN), October 8, 1977, 1.

[14] Letter to the Editor, Donald Boys, State Representative, Reporter-Times (Martinsville, IN), June 9, 1977, 2.

[15] Ellis, “‘Standards Must Be Set by Parents.'”

[16] “Anita Stirs Emotions,” Journal and Courier (Lafayette, IN), October 9, 1977, 9.; Ellis, “‘Standards Must Be Set by Parents.'”

[17] Ellis, “‘Standards Must Be Set by Parents.'”

[18] “‘Save Our Society’ Circle Rally Held,” Indianapolis Star, October 9, 1977, 59.

[19] “Anita Stirs Emotions,” Journal and Courier.; Letter to the Editor, Jerry Briscoe, “On Peaceful Coexistence,” Indianapolis News, October 10, 1977, 9.

[20] “Support Grows for Gay Rights, Promoter Says,” South Bend Tribune, October 26, 1977, 14.

[21] Edmund Lawler, “Anita Bryant Revival Draws 500 into ACC,” South Bend Tribune, October 28, 1977, 1.

[22] William Simbro, “Pie Shoved in Anita Bryant’s Face by Homosexual—She Cries,” Des Moines Register, October 16, 1977, 3.

[23] “Support Grows for Gay Rights, Promoter Says,” South Bend Tribune.; Jeanne Derbeck, “‘Gay’ Tactic: Show of Kindness,'” South Bend Tribune, October 17, 1977, 1.; Lawler, “Anita Bryant Revival Draws 500 into ACC.”

[24] Early, “Counter-protesters at Bryant Concert Warped by Hatred.”

[25] “Anita Picketed in Fort Wayne,” Indianapolis News, October 29, 1977, 15.

[26] Fred Fejes, “Gay Rights and Moral Panic: The origins of America’s Debate of Homosexuality (New York: Palgrave Macmillan, 2008), accessed Springer Link.

[27] Seibert, “Perverts’ Hatred Makes Life Tough for Anita Bryant.”; N.R. Kleinfield,” Tarnished Images: Publicity’s Great—Up to a Point,” Press Democrat (Santa Rosa, CA), May 26, 1981, 36.

[28] Editorial, “Anita’s Woes,” South Bend Tribune, October 31, 1977, 14.

[29] “Anita Bryant has Opened Doors for Gays,” The Courier-Journal (Louisville), October 6, 1977, 1, 4.

[30] “Milestones in the American Gay Rights Movement,” American Experience, accessed PBS.org.

[31] Seibert, “Perverts’ Hatred Makes Life Tough for Anita Bryant.”; Barry Bearak, “Turmoil Within Ministry: Bryant Hears ‘Anita . . . Please Repent,” Miami Herald, June 8, 1980, 1A, 33A.; Steve Rothaus, “Bob Green: Anita’s Ex Paid Dearly in the Fight,” Steve Rothaus’ Gay South Florida, June 9, 2007, accessed Miami Herald.

[32] Alan Ebert, “For Easter: Anita Bryant’s Painful Progress Toward God,” Anderson Daily Bulletin, March 29, 1975, 30.

[33] Lyrics, “The World of Lonely People,” 1964, accessed Genius.com.

[34] Ed Payne, “Indiana Religious Freedom Restoration Act: What You Need to Know,” CNN, March 31, 2015, accessed CNN.com.; Bill Chappell, “Supreme Court Declares Same-Sex Marriage Legal in All 50 States,” The Two-Way, June 26, 2015, accessed NPR.org.

[35] Arika Herron, “Shelly Fitzgerald, First Gay Guidance Counselor Suspended by Roncalli, Files Federal Suit,” IndyStar, October 22, 2019, accessed IndyStar.com.

Reluctant Renegade: Sarah Parke Morrison and Women’s Equality at Indiana University

Scholar and reformer Sarah Parke Morrison is best remembered as the first female student and then professor at Indiana University. But she took on the role of trailblazer reluctantly, as she feared being the target of backlash against this furthering of women’s equality. Her fears were not unfounded. Unsurprisingly perhaps, she faced discrimination as she entered this previously all-male space. What was surprising as we dove into research for a new state historical marker honoring Morrison, was the intensity of the vitriol that some male students directed toward this groundbreaking scholar. While Morrison would continue to work to advance women’s educational opportunities at IU, she was for a time, driven from from her chosen profession by these students’ misogyny. Despite this difficulty, Morrison’s willingness to serve as the first woman at IU opened the doors for the many women who followed, each one furthering the cause of equality.

This and other stories of defeats, setbacks, small advancements, and modest gains are also important to women’s history as they show us the breadth of the movement and the perseverance required of its pioneers – women who challenged injustice in their small realm of influence. These local efforts, multiplied by the work of women across the United States, eventually created a sea change in women’s rights, roles, and power.

“Sarah Parke Morrison,” photograph, ca. 1869, accessed Indiana University Archives Exhibits.

Sarah Parke Morrison was born in Salem, Indiana, in 1833, into a family that highly valued education and believed in equal opportunities for women. In 1825, her parents opened Salem Female Seminary and hired female teachers, “a rarity at this time.”[1] After extensive study at home with her professor parents, she pursued an advanced education at several colleges, including Mount Holyoke Female Seminary (now Mount Holyoke College) in Massachusetts. After graduating in 1857, she continued to study and began teaching at Vassar College in New York. Morrison thrived in a college atmosphere. Reflecting on her Holyoke and Vassar professors, Morrison wrote that “their wide knowledge of Latin and Greek, and in the sciences, were eye and heart openers to such as thirsted for fuller draughts of knowledge.”[2] Over the following years, she served on the faculty of several colleges, including Glendale Female College and the Western Female Seminary, both in Ohio.[3]

“Glendale Female College,” [Advertisement], Washington Democrat (Salem, Indiana), February 24, 1859, 4, accessed Newspapers.com.

Morrison consistently expressed her support for women’s equality in education, but her desire to work more directly for sweeping women’s rights was tempered by fear of a negative response from her community. In 1851, she wrote a poem praising social reformer and former Indiana representative for the U.S. House, Robert Dale Owen for his women’s rights advocacy during the constitutional convention, which was published in the Indianapolis Sentinel.[4] She chose to sign the poem with the pseudonym, “Fannie,” and we only know of her authorship because she described the work in a 1911 autobiographical essay. In this later essay, Morrison explained that she wrote this poem while she “cultivated the muse in secret,” meaning she had come to believe in women’s equality but determined it was not yet the time for her “coming out on the woman question.” She was moved by Owen’s work, but wrote that like the groundhog, she needed “to retreat for further security and more genial conditions until a later day.”

Morrison also wrote that as a young woman, she was aware of the work of Lucy Stone and Susan B. Anthony, “but their position was too peculiar, too audacious to be received wholy [sic] by such as had no courage and a rather sensitive imagination respecting mobs, sneers, hisses, mud-slinging and rotten eggs.” Instead, Morrison held a “secret respect” for these suffragists, as well as a desire to strengthen her nerve and awaken her conscience. Her fears of a negative response were she to enter the battle for women’s rights would be substantiated.[5]

(Indianapolis) Sentinel, March 27, 1851, 1, accessed Newspapers.com.

“John Irwin Morrison,” photograph, n.d., accessed Indiana University Archives Photograph Collection.

Morrison had completed her advanced education and served as a professor at several colleges, but by the 1860s, she was again living back home because of the limited occupational opportunities available to a highly-educated woman. At this time, the Indiana University Board of Trustees had been debating the admission of women. Sarah Morrison’s father John, who was the State Treasurer as well as a former IU board president, advocated for women’s admission and persuaded his daughter to petition the board for entrance. Morrison had to be convinced. She was not an eager, young girl just out of primary school, hoping to expand her knowledge. She was a 34-year-old scholar and teacher with a lifetime of education and an advanced knowledge of ancient languages. She had little desire to be the first woman student at IU, or the subject of controversy, but she conceded for the larger good – and a five dollar bribe. Morrison wrote:

Father . . . said to me that he thought the time was about ripe for the admission of women; and that if I would prepare an appeal to that effect he would present it, and to show his interest would give me Five Dollars.[6]

“Indiana State University,” [Advertisement], Evansville Daily Journal, December 19, 1867, 1, accessed Newspapers.com.

The IU Board of Trustees narrowly voted to admit women, first with some restrictions, but soon after announced: “Ladies are admitted to College classes on the same terms as males.”[7] Morrison would have been happy to leave it at that and to watch with satisfaction as young women entered IU. But she again found herself in the position of reluctant trailblazer. No women applied for the fall 1867 semester and one professor told her, “Miss Morrison, you will have to come to fill the breach.” While she considered this responsibility “rather a cloud” on her horizon, she feared the implications for the struggle for women’s equality if she didn’t rise to the occasion.

She wrote that she was tired of going to school, but she was more tired of the old arguments about why women shouldn’t attend a university. According to Morrison, these arguments included the idea that the “Female Colleges” were good enough for young women, there were too many “risks” in women and men attending the same schools, and male students and professors should be saved from the “embarrassment – yea scandal” of women’s presence. Morrison looked at the IU catalogue and determined she could complete the four-year course in two. She was worried though. “To fail would be worse than not to try,” she wrote. The first female student at IU would be representing her entire gender to the masses, not all who believed she deserved to be there.[8]

Sarah Parke Morrison, “My Experience at State University,” 1911, Box 1, Sarah Parke Morrison Papers, accessed Indiana University Archives Online.

Morrison entered Indiana University along with three hundred young men in the fall of 1867.[9] She wore a large sun hat to protect herself “from six hundred eyes” trying to cast “a sly glance” at the school’s first female student. She soared through her Latin and Greek classes and by the second semester of her first year she became a sophomore.[10] More importantly, during that spring semester of 1868, a dozen women followed Morrison’s lead, entering Indiana University as freshmen students. In a powerful contemporary photograph, Morrison is seated front and center, surrounded by the women who followed in her wake.[11]

“Women Students,” accessed Indiana University Archives Exhibits. IU Archives caption: “Sarah Parke Morrison pictured in the front row, fourth from left, was the first woman to become a student at Indiana University in 1867. The remaining women pictured became students in 1868.”

The next year, Morrison continued her accelerated course of study, beginning the fall semester as a junior and becoming a senior spring semester. She wrote that she could probably have skipped Latin “if I had chosen to make a point of it,” but instead “read more than really required” so no one could claim that she would “lower the standard.” At one point during her first semester, the students could choose to write an essay or make an oral argument for a final exam. The professor assumed Morrison would prefer an essay so as not to speak in front of an audience of male students. She responded simply, “why?” Her second semester, a professor discouraged her from making her “declamation” at examinations, which would be attended by the general public. Morrison told him that she had appealed to the Board, not him, for her position and he could not stop her from making her declamation in the same manner as her male colleagues. Yet another professor acknowledged her ability for public speaking, but discouraged her from engaging in an exercise where she would debate her male colleagues. She again responded, “why?” and entered the debate. Finally, before graduation, a professor encouraged her to submit an essay and not to speak at commencement. She again asked him simply, but pointedly, “why?” Morrison explained:

‘Why?’ became my one and only, but effective ammunition when approach to the ‘Woman question,’ was bold enough to lift its head.[12]

By this, Morrison meant that when faced with the question of whether her gender should prevent her from equal participation at the university, she simply asked the professor “why” because her continued success and proficiency left no answer that could be based on anything but gender discrimination.

Similarly, when she received a “slighting remark” from a fellow student, whom she described sarcastically as “a rather superior young gentleman,” she “lost her temper” but managed to bite her tongue. She chose not to retort, explaining: “It was probably intended as a test. If I was mad internally, I could not suffer my cause to suffer.” Instead, she chose to focus her efforts on her commencement address. She knew many had low expectations for her performance. She wrote:

To have a performance at Commencement that would pass a general critical public, was an undertaking, indeed for me. I could not come down to their notions, could I lift them up to mine?[13]

Morrison became the first woman to graduate Indiana University in the spring of 1869 with a Bachelor of Arts degree.[14] Indiana newspapers reported that Morrison “graduated in the Classical course with great credit to herself, delivering in a splendid manner a very fine oration.”[15] Newspapers across the country picked up the story, reporting on “the first female graduate of Indiana State University.”[16] She demonstrated that there was indeed no reason “why?” a woman couldn’t succeed at Indiana University.

“Educational,” [Advertisement], Indianapolis Daily Sentinel, September 3, 1869, 1, accessed Hoosier State Chronicles.

After graduation, Morrison moved to Indianapolis and began teaching Greek language classes.[17] She was active in the education field, attending a “special session” for teachers at the State Normal School in Terre Haute in the summer of 1870.[18] In 1872, she was elected as an “alumni orator” and spoke at the 1873 Indiana University commencement ceremony.[19] By this point, IU had also granted Morrison a Master of Arts degree, which was at that time “conferred upon such graduates of three years’ standing as have, in the meantime, pursued professional or general studies.”[20] In 1873, Indiana University hired Morrison as a “tutor” in the “Collegiate Department.”[21] And, by 1874, Morrison became an Adjunct Professor of English Literature, making her the first female professor at Indiana University.[22]

Like the stories of other women trailblazers, the moment where the glass ceiling shattered, is often the point where Morrison’s story ends for historians. But what was it like for Morrison and other women once they became the first and only woman in their place of employment? What did it feel like to be the only woman in the lecture hall, laboratory, or operating theater? Of course experiences vary, but all faced some level of discrimination, opposition, or misogyny. Morrison faced all of these, delivered with a maliciousness some might find surprising for a genteel, academic setting.

“Literary Building constructed in 1855 on the Seminary Square campus,” photograph, 1855, accessed Indiana University Archives Exhibits.

Several of her male students refused to recite to her, recitation being the manner in which students orally showed their comprehension of the class material. By refusing to recite, they were showing that they refused to recognize her authority. They deemed that, as a woman, she was unqualified to teach them as men. Despite her years of schooling, mastery of several languages, experience teaching, advanced degrees, and praise from professors, these undergraduate students claimed that she was undeserving of their respect because of her gender. Newspapers in Indiana and then across the country, picked up the story. Taking an amused tone over her “awkward predicament,” newspapers reported on her appointment to IU faculty and the student discrimination in the same article.[23] The Chicago Tribune reported:

Miss Sarah P. Morrison, daughter of the President of the Board to Trustees and adjutant Professor of English Literature in the State University, has been struck against by a portion of the students, who refuse to recite to her. No adjustment of the difficulty has yet been made.[24]

Not content to demonstrate their disrespect for their professor through silence, some of the students in the fraternity Beta Theta Pi published an article slandering her character and qualifications. At the end of the school year, the fraternity published an issue of their newspaper the Dagger, which Indiana University Archives referred to as “the 19th century version of Rate My Professor.”[25] For Morrison, who had long moderated her work for women’s advancement for fear of backlash, the 1875 issue would have been humiliating and devastating.

The Dagger, 1875, accessed Archives Online at Indiana University.

Sarcastically referring to Morrison as “the Queen of the University,” these male students published a horribly sexist, misogynistic criticism of Morrison’s teaching and intelligence. They claimed she had no right to her professorship because she lacked even “some shadow of reputation, a few reliable words of recommendation; or at least the outward appearance of an intelligent being.” They claimed she barely taught any classes, was “pinned to the coat tail of our faculty,” and got paid to do “nothing whatever.” They wrote, “Never before in all the history of the institution, has there been so gross and imposition practiced upon the taxpayers of Indiana.” They continued with base name calling, referring to her in turn as “impudent,” lacking “all common sense,” “idiotic,” and an “uneducated ape.” The students claimed:

Petitions for her removal have been thrust in the faces of both her and her father. But shame has lost its sting upon this impudent creature, dead to the pointing finger of withering scorn.[26]

They wrote that “their diplomas are disgraced by her contemptible name” and that the senior class would be marking her name out on their diplomas. They concluded the article:

We close with the warning to our idiotic subject. O! Sallie that you may not make a consummate ass of yourself, hast-to your mothers [sic] breast, sieze [sic] the nipple of advice and fill your old wrinkled carcass with the milk of common sense.[27]

The condescension and entitlement mixed with sexism is hard to read, especially knowing how qualified and intelligent Morrison was, but also how timidly she accepted the responsibilities that came with her groundbreaking position. Perhaps one element makes this misogynistic slander slightly bearable today: unintended humor. In short, the young men were terrible writers. Ironically, these students who claimed that Morrison did not posses the intelligence to be their teacher, populated their vicious article with spelling and grammar errors. Undoubtedly, they should have listened to what she could have taught them.

“Class of 1875,” composite photograph, 1875, accessed Archives Photograph Collection, Indiana University.

It would be much more satisfying to report that Morrison persevered in the face of this misogyny and went on to teach for many more years, but not all stories of women who furthered the fight for equality end with professional success and empowerment. Morrison left the university and the profession that she loved after the 1874-75 school year. She instead became an active advocate for the temperance movement, traveling throughout the country, including into Indian territory, and spoke at the national level.[28] She became a leader within the Society of Friends, speaking at state meetings.[29] And she penned poems and family histories.[30]

Though she never returned to teach at IU, she stayed involved with the university. She spoke at alumni events and commencements and wrote regular letters to the administration. Through these letters, she advocated for placing women on the Board of Trustees and the Board of Visitors, as well as hiring women professors. These letters show her finding strength in herself in demanding greater opportunities for women. For example, in 1906, she submitted her vote to the Board of Trustees “For Some Woman” and wrote on her ballot: “Every new man who allows his name to appear does that much to keep out some woman.”[31]

Sarah Parke Morrison to IU Board of Trustees, June 3, 1906 [Ballot for Board of Trustee Vote], Box 1, Correspondence, accessed Archives at Indiana University.

In 1908, Morrison returned to IU at the age of 75 . . . as a student. Reminiscent of her 1867 entry into the university as its first female student, newspapers across the country covered her latest adventure as a sort of novelty. The New York Times reported that Morrison enrolled in a post-graduate course on Greek during the summer term. The newspaper reported:

Though Miss Morrison is 75 years of age, she is as sprightly of body and mind, apparently, as she was when a student at the university nearly fifty years ago. She has never lost her interest in the classics nor in poetry.[32]

She must have continued to impress IU staff and administration because she delivered the alumni address at the 1909 commencement.[33] Morrison also continued to write to the IU administration in her later years. In 1911, she advised the university’s president and the Board of Trustees on filling a teaching position upon the death of a female professor. It’s likely that this advice was unsolicited, but she chose strong and clear words. She stated that the woman the Board chose to fill the vacant position should possess “very decided views respecting the equal [underline] privilege granted the young women of our University, and accepting suffrage for women as a matter of course.”[34] Before her death in 1916, Morrison found the courage to outwardly support women’s suffrage, something she had feared as a younger women.

This year, while commemorating the centennial of the Nineteenth Amendment, historians have enthusiastically shared stories of bold suffragists who marched in the streets and spoke passionately to large crowds – those women who stood unafraid before the Indiana Supreme Court or the Indiana General Assembly to demand their rights. But not all of the women who blazed the path toward equality loudly beat the drums of reform. Morrison shied from controversy and rightfully feared backlash from entering previously all-male spaces, but she ventured forward anyway. This is the very definition of courage – to persevere in the face of fear. While sometimes reluctant, she made important gains for women at Indiana University. Hers was the foot in the door, wedging it open for other women to follow her. And they did. Sarah Parke Morrison should be remembered not only for her “firsts,” but for her selflessness, determination, and quiet audacity.

Notes:

[1] 1850 U.S. Federal Census, Washington Township, Washington County, Indiana, September 20, 1850, roll 179, page 37 (338A), line 35, accessed AncestryLibrary.com; “Raysville Monthly Meeting, Henry County,” 1876, Earlham College, Richmond, Indiana Minutes, Indiana Yearly Meeting Minutes, accessed AncestryLibrary; “Indiana University,” [Alumni Form], 1887, Sarah Parke Morrison Papers, Indiana University Archives, submitted by marker applicant.; Indiana State Board of Health, “Certificate of Death,” (Sarah Parke Morrison), July 9, 1919, Roll 13, page 532, Indiana Archives and Records Administration, accessed AncestryLibrary.com; “Biographical Note,” Sarah Parke Morrison Papers, Archives at Indiana University. The quoted text comes from the “Biographical Note” written by the Archives at Indiana University.

[2] Annual Catalogues of the Teachers and Pupils of the Mount Holyoke Female Seminary from 1847-1857 (Northampton: Hopkins, Bridgman & Co., n.d.), 44, accessed HathiTrust.; “Indiana University,” [Alumni Form], 1887, Sarah Parke Morrison Papers, Indiana University Archives, copy available in IHB marker file.; Indiana University, Arbutus [yearbook], 1896 (Chicago: A.L. Swift & Co. College Publications, 1896), accessed HathiTrust.

[3] Advertisement, “Glendale Female College,” Washington Democrat (Salem, Indiana), February 24, 1859, 4, accessed Newspapers.com.; Memorial: Twenty-Fifth Anniversary of the Western Female Seminary, Oxford, Ohio, 1880 (Indianapolis: Carlon & Hollenbeck, Printers and Binders, 1881), 208, accessed GoogleBooks.

[4] Fannie (Morrison), “Lines to Robert Dale Owen,” Indiana State Sentinel, March 27, 1851, 1, accessed Newspapers.com.

[5] Sarah Parke Morrison, “My Experience at State University,” 1911, Box 1, Series: Writings, Sarah Parke Morrison Papers, Archives at Indiana University.

[6] Ibid.

[7] Advertisement, “Indiana State University,” Evansville Daily Journal, December 19, 1867, 1, accessed Newspapers.com.

[8] Morrison, “My Experience at State University.”

[9] Annual Report of Indiana University, Including the Catalogue for the Academical Year, 1867 (Indianapolis: Samuel M. Douglass, State Printer, 1868), Indiana State Library.

[10] Morrison, “My Experience at State University.”

[11] Annual Report of Indiana University, Including the Catalogue for the Academical Year, 1867 (Indianapolis: Samuel M. Douglass, State Printer, 1868), Indiana State Library.; “Women Students,” accessed Indiana University Archives Exhibits.

[12] Morrison, “My Experience at State University.”

[13] Ibid.

[14] Annual Report of Indiana University, Including the Catalogue for the Academical Year, 1868-69 (Indianapolis: Samuel M. Douglass, State Printer, 1869), Indiana State Library.

[15] “Commencement at the State University,” (Greencastle) Putnam Republican Banner, July 8, 1869, 2, accessed Hoosier State Chronicles.

[16] “Digest of Latest News,” Galveston Daily News, July 24, 1869, 3, accessed Newspapers.com.; Fair Haven (Vermont), July 31, 1869, 2, accessed Newspapers.com.

[17] Advertisement, “Educational,” Indianapolis Daily Sentinel, September 3, 1869, 1, accessed Hoosier State Chronicles.

[18] “Normal School,” Terre Haute Daily Gazette, July 20, 1870, 4, accessed Hoosier State Chronicles.

[19] “All Sorts and Sizes,” Bangor Daily Whig and Courier (Bangor, Maine) July 30, 1872, 1, accessed Newspapers.com.; Freeman’s Journal (Dublin, Ireland), September 11, 1872, 8, accessed Newspapers.com.

[20] Annual Report of Indiana University, Including the Catalogue for the Academical Year, 1872-73 (Indianapolis: Samuel M. Douglass, State Printer, 1873), Indiana State Library.

[21] Annual Report of Indiana University, Including the Catalogue for the Academical Year, 1873-74 (Indianapolis: Samuel M. Douglass, State Printer, 1874), Indiana State Library.

[22] Annual Report of Indiana University, Including the Catalogue for the Academical Year, 1874-75 (Indianapolis: Samuel M. Douglass, State Printer, 1875), Indiana State Library.

[23] Chicago Weekly Post and Mail, November 26, 1874, 2, accessed Newspapers.com.

[24] “Indiana,” Chicago Tribune, November 19, 1874, 5, accessed Newspapers.com.; “Former Trustees,” Indiana University Board of Trustees, https://trustees.iu.edu/the-trustees/former-trustees.html.
While Sarah Morrison’s Father John I. Morrison was an IU Board member 1874-75, he was not the president.

[25] “The Dagger: The 19th Century Version of Rate My Professor,” January 26, 2016, accessed Indiana University Archives.

[26] “Faculty Reviewed: Sarah P. Morrison,” The Dagger, 1875, 2, Box OS3, accessed Archives Online at Indiana University.

[27] Ibid.

[28] “Woman’s Temperance Union,” Vermont Chronicle (Bellows Falls) November 15, 1879, 3, accessed Newspapers.com.; “Noble Women,” Washington Evening Critic (Washington, D.C.), October 29, 1881, 1, Newspapers.com.; “Work for Women,” Indianapolis Journal, January 30, 1886, 8, accessed Chronicling America, Library of Congress.; Izumi Ishi, Bad Fruits of the Civilized Tree: Alcohol & the Sovereignty of the Cherokee Nation (Lincoln: University of Nebraska Press, 2008), 136, accessed Google Books.

[29] “The Quakers,” Chicago Tribune, November 15, 1877, 8, accessed Newspapers.com.; “The Yearly Meeting,” Richmond Item, October 1, 1892, 1, accessed Newspapers.com.; “At Plainfield,” (Chicago) Inter Ocean, September 17, 1894, 6, accessed Newspapers.com.

[30] “Current Literature,” (Chicago) Inter Ocean, June 18, 1892, 12, accessed Newspapers.com.; “Literary Notes,” Friends Intelligencer and Journal 60 (Philadelphia: Friends Intelligencer Association, 1903), 187, accessed Google Books.

[31] Sarah Parke Morrison to “Alma Mater,” January 16, 1905, Sarah Parke Morrison Papers, Box 1, Correspondence, Archives at Indiana University.; Sarah Parke Morrison to William L. Bryan, February 22, 1905, Sarah Parke Morrison Papers, Box 1, Correspondence, Archives at Indiana University.; Sarah Parke Morrison to William L. Bryan, December 4, 1905, Sarah Parke Morrison Papers, Box 1, Correspondence, Archives at Indiana University.; Sarah Parke Morrison to Isaac Jenkinson, January 19, 1906, Sarah Parke Morrison Papers, Box 1, Correspondence, Archives at Indiana University.

[32] “Still A Student at 75,” New York Times, June 28, 1908, 1, accessed Newspapers.com.

[33] “Alumni Day at the State University,” Indianapolis News, June 22, 1909, 4, accessed Newspapers.com.; “Indiana College News,” Indianapolis Star, June 17, 1909, 9, accessed Newspapers.com.

[34] Sarah Parke Morrison to Indiana University President and Board, March 7, 1911, Sarah Parke Morrison Papers, Box 1, Correspondence, Archives at Indiana University.

“Walk a Mile in Their Pumps:” Combating Discrimination within Indy’s Queer Community

Famous Door Kick Line — Performers at The Famous Door, an Indianapolis club known for its drag shows, ca. 1975, accessed The Michael Bohr Collection of the Indy Pride Chris Gonzalez Library and Archives, courtesy of the Indiana Historical Society.

“In our endeavors to attain social justice, we cannot afford the
destructive luxury of discriminating against one another.”

Justice, Inc., an LGBTQ+ rights organization, issued this statement in 1989 after some gay bars in Indianapolis refused to serve cross-dressing and transgender individuals.[1] The city’s queer community had already encountered and protested numerous challenges posed by law enforcement, including police harassment, surveillance of cruising sites, and possible prejudiced police work as homicide rates increased for gay men. Although gay bars afforded a degree of shelter from discrimination, not all were afforded the opportunity to patronize them.

While examining Indiana’s gay newsletter The Works, I came across recurring incidents of discrimination within Indianapolis’s queer population. In 1973, outspoken transgender rights activist Sylvia Rivera drew attention to these incidents on a national level at New York City’s Christopher Street Liberation Day Rally. Rivera had helped found the Gay Liberation Front and, with her friend Marsha P. Johnson, the Street Transvestite Action Revolutionaries (STAR) in NYC, which provided desperately-needed shelter and food for homeless trans youth.

https://youtu.be/Jb-JIOWUw1o

In addition to advocating for people of color and the impoverished, Rivera advocated for white, middle-class men and women jailed because of their sexual orientation and/or gender identity. She also fought for the women’s liberation movement. Despite this, she was shunned for her attempts to include trans individuals in the broader gay rights movement. She famously addressed this ostracism after pushing her way on stage at the Liberation Day Rally. There, she passionately addressed the crowd, stating “I have been beaten. I have had my nose broken. I have been thrown in jail. I have lost my job. I have lost my apartment for gay liberation and you all treat me this way?” Her speech was met with a smattering of jeers and applause.

However, marginalized individuals within the queer community have been increasingly recognized through public artwork, Netflix documentaries, and seminars like The New Republic’s recent “Sex Workers as Queer History”. Cecilia Gentili, founder of Trans Equity Consulting and transgender actress in the Netflix show POSE, recalled in the seminar that gay men had significant power over transwomen and if you “weren’t fabulous enough” then you couldn’t get in the bar. She likened these experiences to the “criminalization of gender.” In this post, I examine similar incidents in Indianapolis, as well as strategies employed by the victims of discrimination to help secure rights for all.

Kerry Gean, dressed as the “woman I am deep inside of my biological male self,” and friends went to the Varsity Lounge in February 1989. After they were seated, their server singled out Gean with a request for identification. The server then informed her that she was breaking the law because the photo on her I.D. did not identically match her face. Humiliated and hurt, she returned home, changed into “male” clothes, and upon return was immediately served. After Gean’s experience, she asked readers in an editorial for The New Works News “Are we now turning against ourselves? Can we forget what it feels like to be barred from a public place by the owner, or even a bartender, who has some reason to hate us for the hard but true choices we have made?”[2]

Roberta Alyson, courtesy of *The New Works News* (August 1989): 1, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

By June, things were no better for Roberta Alyson, described by The Works as a “pre-operative transsexual.” Alyson was denied entrance to the gay bar Our Place on the grounds of not meeting dress code and identification not matching Alyson’s face, despite having a doctor’s note confirming the necessity of dressing as a woman. Bar officials got an off-duty officer who worked security to check the 31-year-old’s ID. He crumpled up the doctor’s note and Alyson “regrettably began to panic,” walking away from the parking lot. When the officer pursued and arrested Alyson, who later said one of the back-up officers was abusive and tried to lift Alyson’s skirt. Alyson was charged with and fined for fleeing an officer.[3]

Alyson addressed the implications of such discrimination in a letter to the editor of The New Works News, noting Our Place’s dress code “flies in the face of the Stonewall Riots and sends a terrifyingly repressive message to the ‘straight’ community.” Alyson noted, “There were ‘genetic females’ in the bar on the night I visited it” and asked “Am I somehow more of a ‘threat’ to the bar’s image than a woman born?” Reflecting Gentili’s recollection, Alyson wrote “We, the greater gay community, are seeing a disturbing trend in that ‘gay rights’ seem only to apply to gays and lesbians who ‘fit in.’” Simply put, “Gay rights are human rights, and they apply to all of us!”[4]

Indianapolis police liaison Shirley Purvitis, one of the first to be appointed in the nation, organized a meeting to try to resolve issues between “certain segments of the gay community” and local gay bars. These bars included Our Place, 501 Tavern, and The Varsity. She noted later that “one of the most effective ways to fight discrimination was to ‘shut up and listen to what the other person has to say.’” Bar Owners, members of the Indiana Civil Liberties Union and Justice, Inc., IPD vice officers, and members of the Indiana Crossdresser Society (IXE) attended the meeting, which was, “as expected, confrontational from beginning to end.”[5]

Courtesy of The New Works News (August 1989): 7, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

As to claims that individuals were being denied entrance due to discrepancies between their photo I.D. and their physical features, Excise Chief Okey stated that “the only requirement that excise has for a person being served alcohol is that they be 21 years of age or older. . . . crossdressing, either male or female, is not grounds for refusal of service.” Other bar owners stated blatantly that they refused to admit these patrons, not because they feared breaking excise laws, but because they intended to “‘preserve the established atmosphere of their bars.'”[6] A 501 Tavern spokesperson stated that these individuals “‘were not wanted there,’ and if they had been admitted violence might have resulted. The bar owners also voiced the fear that if they admitted people in drag their regular patrons might leave.” Gay TV producer Gregory McDaniel denounced this reasoning, stating, “‘What I’m hearing now is exactly what I heard 20 years ago when attempts were being made to keep blacks out of Riverside Park and other public places.'”[7] Aside from being morally wrong, McDaniel alleged this discrimination halted momentum in the broader fight for gay equality, noting, “The wire services have picked up these stories. This shows the dominate [sic] society that we are not unified and that they are safe in oppressing us.”

David Morse, manager of Our Place, stated at the meeting that he felt “‘very much trapped in the middle.’” He tried to reconcile the needs of both parties, “perhaps naively,” by establishing the dress code and I.D. policy. However, he noted that he “‘learned many lessons'” from the ensuing discussions. [8] Perhaps fear of losing the bars they fought so hard to establish—whether by mistakenly breaking excise laws or drawing unwanted attention to the establishment—owners implemented discriminatory policies. Unfortunately, the meeting to discuss these policies ended without much resolution.

Members of IXE, Courtesy of The New Works News (August 1989): 7, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

IXE met separately with Justice, Inc. to address the issue and one observer at the meeting speculated that “perhaps one reason that the crossdressers were causing such a stir in the ‘male’ bars” was because they looked:

‘too good and too much like natural, normal women and a far cry from the narrow gay-oriented perception of what “drag queens” look like. Perhaps some of the shakier ‘male’ egos couldn’t handle this unaccustomed image.’ [9]

By September, there seemed to be a bit more acceptance, as Our Place admitted Roberta Alyson, who by then had two pieces of “‘official’ feminine'” identification. The newsletter reported that Tomorrow’s and Jimmy’s had also been more welcoming.[10] McDaniel also commented that the The New Works News‘s extensive coverage of the discrimination showed that the community could be “introspective and self-correcting.”[11]

The New Works News (July 1989): 7, accessed Chris Gonzalez GLBT Archive, IUPUI Library.

Sharon Allan, of IXE, decided to affect change by sitting down with bar employees. She met with Brothers manager Michael David to ask if their policy that identification had to match one’s appearance was implemented uniformly. After he said yes, Allan informed him that she “had been in the bar four times, after work and in a tie and had never been asked for ID.” Allan reported to the New Works News that “Michael immediately saw the lack of universality in their policy and promised to speak with the owner at the next staff meeting.”[12]

Capitalizing on the positive momentum, Justice, Inc. hosted the second “Discrimination Within the Gay Community” workshop in December.[13] While the turnout was low, and bar employees noticeably absent from the meeting, attendees reported that most bars had “reversed” their discriminatory policies. At the meeting, Gary Mercer, of Goshen, quipped “’Before you judge other people in the gay community, you better walk a mile in their pumps.’” Gay Cable Network’s Eric Evans agreed, noting that “‘discrimination is usually the result of ignorance.'” He suggested ongoing education for “both the gay and straight communities.” This, he said, could be accomplished through television programming and by forming a Gay Community Center.[14]

While awareness and dialog did not end prejudice entirely within Indy’s queer community, reported incidents diminished in The New Works News. Genny Beemyn notes in “Transgender History of the United States,” that in the early 1990s a “larger rights movement” emerged, “facilitated by the increasing use of the term ‘transgender’ to encompass all individuals whose gender identity or expression differs from the social norms of the gender assigned to them at birth.”[15] Still, activists fought an uphill battle for inclusion, as the “March on Washington” steering committee voted overwhelmingly to leave them out of the 1993 “Lesbian, Gay, and Bi Equal Rights and Liberation” march, despite support from bisexual allies.[16]

New York dedicates East River State Park to LGBTQ activist Marsha P. Johnson — Rendering of Marsha P. Johnson State Park, courtesy of the New York State Parks, accessed timeout.com.

Discrimination and violence against transgender individuals, especially those of color, endures, although largely waged by those outside of the queer community. However, public recognition of those marginalized within the community has increased, to some extent. In 2019, New York City announced it would honor drag queens and transgender rights activists Sylvia Rivera and Marsha P. Johnson with monuments. Scott W. Stern and Charles O’Malley noted in their 2019 “Remembering Stonewall as It Actually Was—and a Movement as It Really Is” that the decision:

reflects a dawning awareness (among those in positions of power) that the LGBTQ movement was always more diverse, more radical, and more closely connected with other social movements than is commonly believed.

Along with the statues of Rivera and Johnson, New York Governor Andrew Cuomo announced in August 2020 that the Marsha P. Johnson State Park, located along the East River, would be dedicated. This will be the first state park in the US honoring an LGBTQ+ individual, as well as a transgender woman of color. Stern and O’Malley argue that we should examine and commemorate those at the margins of equal rights movements not simply for history’s sake, but because “More accurate renderings of the past inform the way we act in the future; they inform whose lives we prioritize in the present.”[17] That is why we should be aware of Roberta Alyson and Kerry Gean, whose determination to transform humiliating experiences into policy change helped open the door to acceptance for other transgendered and cross-dressing individuals in Indianapolis. They remind us of the importance in engaging in conversations with “the other.”

*The professional study of LGBTQ+ history is relatively new. We welcome feedback regarding accuracy and terminology, especially given the challenges in locating primary sources and the evolving conception of what comprises the queer community. We are especially interested in documenting lived experiences from a variety of perspectives.

[1] “Justice Investigation Calls for Uniform Bar Policies,” The New Works (October 1989): 8, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[2] “Varsity Drag,” The New Works News (July 1989): 3, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[3] “O.P.’s Dress Code Causes Arrest of TS: Transsexual Arrested Trying to Gain Admittance,” The New Works News (August 1989): 1, 7, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[4] Roberta Alyson, “Crossdresser’s Visit to Our Place,” The New Works News (July 1989): 3, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[5] “O.P.’s Dress Code Causes Arrest of TS: Transsexual Arrested Trying to Gain Admittance,” The New Works News (August 1989): 1, 7, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] “IXE Meets with Justice,” The New Works News (August 1989): 7, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[10] Gregory McDaniel, “Courageous Clear Thinking,” The New Works News (September 1989): 6, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[11] Ibid., 3.

[12] Sharon Allan, “No Discrimination Intended at Brothers,” The New Works News (October 1989): 3, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[13] “Justice Discrimination Workshop,” The New Works News (December 1989): 6, accessed Chris Gonzalez GLBT Archives, IUPUI Library.

[14] Ibid.

[15] Genny Beemyn, “Transgender History of the United States,” in Laura Erickson-Schroth, ed., Trans Bodies, Trans Selves (Oxford University Press, 2014), p. 28, accessed umass.edu.

[16] Ibid., 29.

[17] Scott W. Stern and Charles O’Malley, “Remembering Stonewall as It Actually Was—and a Movement as It Really Is,” The New Republic (June 24, 2019), accessed newrepublic.com.

[18] Ibid.

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