civil rights – Page 2 – 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.

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.

The “Destruction of an Icon:” Wrestling with Complicated Legacies

Rev. Oscar McCulloch, courtesy of IU Newsroom; Rep. Hall, courtesy of the U.S. House of Representatives.

As a researcher, few things are more disheartening than coming across that blemish on an otherwise inspiring legacy. But it happens more often than not in the messiness of human history. Events and actors often occupy an ambiguous position between right and wrong, progressive and stagnant, heroic and indifferent. We wish the loose ends of the stories could be tied up into one neat moral bow, but often it’s more complex. In wrestling with this phenomenon, I concluded two things: that context is everything and that we must remember that the historical figures we idolize—and sometimes demonize—were, in fact, evolving humans. The visionary and controversial leadership of Indianapolis Rev. Oscar McCulloch and Gary, Indiana Rep. Katie Hall inspired these conclusions.

In the early 20th century, Oscar McCulloch’s misguided attempt to ease societal ills was utilized to strip Americans of their reproductive rights. Born in Fremont, Ohio in 1843, McCulloch studied at the Chicago Theological Seminary before assuming a pastorship at a church in Sheboygan, Wisconsin. He moved to Indianapolis in 1877 to serve as pastor of Plymouth Congregational Church, situated on Monument Circle. On the heels of economic depression triggered by the Panic of 1873, he implemented his Social Gospel mission. He sought to ease financial hardship by applying the biblical principles of generosity and altruism. To the capital city, Brent Ruswick stated in his Indiana Magazine of History article, McCulloch “brought a blend of social and theological liberalism and scientific enthusiasm to his work in Indianapolis.”[1] He also brought a deep sense of empathy for the impoverished and soon coordinated and founded the city’s charitable institutions, like the Indianapolis Benevolent Society, Flower Mission Society, and the Indianapolis Benevolent Society.

In 1878, McCulloch encountered the Ishmael family, living in abject poverty. He described them in his diary [2]:

composed of a man, half-blind, a woman, and two children, the woman’s sister and child, the man’s mother, blind, all in one room six feet square. . . . When found they had no coal, no food. Dirty, filthy because of no fire, no soap, no towels.

Disturbed by the encounter, McCulloch headed to the township trustee’s office to research the Indianapolis family, who lived on land known as “Dumptown” along the White River, as well as in predominantly African American areas like Indiana Avenue, Possum Hollow, Bucktown, and Sleigho.[3] He discovered that generations of Ishmaels had depended upon public relief. According to Ruswick, McCulloch came to believe that the Ishmaels, “suffering from the full gamut of social dysfunctions,” were not “worthy people suffering ordinary poverty but paupers living wanton and debased lives.”[4] Over the course of ten years, the pastor sought to discover why pauperism reoccurred generationally, examining 1,789 ancestors of the Ishmaels, beginning with their 1840 arrival in Indiana.

Pamphlet, “The Tribe of Ishmael: diagram,” 1888, Indiana State Library Digital Collections.

The blemish. McCulloch’s nationally renowned 1888 “Tribe of Ishmael: A Study in Social Degradation” concluded that heredity and environment were responsible for social dependence.[5] He noted that the Ishmaels “so intermarried with others as to form a pauper ganglion of several hundreds,” that they were comprised of “murderers, a large number of illegitimacies and of prostitutes. They are generally diseased. The children die young.” In order to survive, the Ishmaels stole, begged, “gypsied” East and West, and relied on aid from almshouses, the Woman’s Reformatory, House of Refuge and the township. Assistance, he reasoned, only encouraged paupers like the Ishmaels to remain idle, to wander, and to propagate “similarly disposed children.” In fact, those benevolent souls who gave to “begging children and women with baskets,” he alleged, had a “vast sin to answer for.” McCulloch’s sentiment echoes modern arguments about who is entitled to public assistance.

In addition to revoking aid, McCulloch believed the drain on private and public resources in future generations could be stymied by removing biologically-doomed children from the environment of poverty. Ruswick noted that McCulloch, in the era of Darwin’s Natural Selection, believed “pauperism was so strongly rooted in a person’s biology that it could not be cured, once activated” and that charities should work to prevent paupers from either having or raising children. This line of thought foreshadowed Indiana’s late-1890s sterilization efforts and 1907 Eugenics Law. The Charity Organization Society, consulting McCulloch‘s “scientific proof,” decided to remove children from families with a history of pauperism and vagrancy, essentially trampling on human rights for the perceived good of society.

The Tribe of Ishmael, ca. 1910s-1920s, accessed Eugenics Record Office Records, American Philosophical Society Library.

But McCulloch had a change of heart. He began to rethink the causes of poverty, believing environmental and social factors were to blame rather than biological determinism. Ruswick notes that “Witnessing the rise of labor unrest in the mid-1880s, both within Indianapolis and nationwide, McCulloch began to issue calls for economic and social justice for all poor.”* To the ire of many of his Indianapolis congregants, the pastor defended union demonstrations and pro-labor parties. He no longer traced poverty to DNA, but to an unjust socioeconomic system that locked generations in hardship. McCulloch believed that these hardships could be reversed through legislative reform and organized protest. To his dismay, McCulloch’s new ideology reportedly resulted in his church being “‘broken up.'”

In a nearly complete reversal of his stance on pauperism, McCulloch wrote a statement titled “The True Spirit of Charity Organization” in 1891, just prior to his death. He opined [6]:

I see no terrible army of pauperism, but a sorrowful crowd of men, women and children. I propose to speak of the spirit of charity organization. It is not a war against anybody. . . . It is the spirit of love entertaining this world with the eye of pity and the voice of hope. . . . It is, then, simply a question of organization, of the best method for method for the restoration of every one.

But after McCulloch’s death, Arthur H. Estabrook, a biologist at the Carnegie Institution’s Eugenics Research Office, repurposed McCulloch’s social study (notably lacking scientific methodology) into the scientific basis for eugenics. Historian Elsa F. Kramer wrote that Estabrook revised McCulloch’s “casual observations of individual feeblemindedness” into support for reforms that “included the institutionalization of adult vagrants, the prevention of any possibility of their future reproduction, and the segregation of their existing children—all to protect the integrity of well-born society’s germ-plasm.”[7] McCulloch had unwittingly provided a basis for preventing those with “inferior” genetics from having children in the name of improving the human race. Kramer notes that co-opting the Ishmael studies for this purpose reflected “the changing social context in which the notes were written.”[8] In fact, Estabrook resumed the Ishmael studies in 1915 because “of their perceived value to eugenic arguments on racial integrity.”[9]

The Tribe of Ishmael, ca. 1921, accessed Eugenics Record Office Records, American Philosophical Society Library.

McCulloch’s work influenced Charles B. Davenport’s report to the American Breeders Association and Dr. Harry C. Sharp’s “Indiana Plan,” an experimental program that utilized sterilization to curtail unwanted behaviors of imprisoned Indiana men. Sharp also promoted Indiana’s 1907 Eugenics Law, the first in the U.S., which authorized a forced sterilization program “to prevent procreation of confirmed criminals, idiots, imbeciles and rapists” in state institutions. Twelve states enacted similar laws by 1913 and approximately 2,500 Hoosiers were sterilized before the practice ceased in 1974.[10] Even though McCulloch moved away from his problematic beliefs, for decades they were utilized to rob Americans of the ability to have a family. His legacy proved to be out of his hands.

Katie Beatrice Hall, courtesy of Wikimedia Commons; Coretta Scott King and Katie Hall observe President Reagan signing the bill commemorating Dr. King’s birthday on November 2, 1983, courtesy of the White House Photo Office, accessed achievement.org.

The complexities of African American Rep. Katie Hall’s legacy could not be more different. In 1983, Rep. Hall, built on a years-long struggle to create a federal holiday honoring the civil rights legacy of the late Dr. Martin Luther King, Jr. on his birthday. Each year since Dr. King’s assassination in 1968, U.S. Representative John Conyers had introduced a bill to make Dr. King’s January 15 birthday a national holiday. Many became involved in the growing push to commemorate Dr. King with a holiday, including musician Stevie Wonder and Coretta Scott King, Dr. King’s widow. But it was the Gary, Indiana leader who spent the summer of 1983 on the phone with legislators to whip votes and successfully led several hearings called to measure Americans’ support of a holiday in memory of King’s legacy. Hall was quoted in the Indianapolis News about her motivation:

‘The time is before us to show what we believe— that justice and equality must continue to prevail, not only as individuals, but as the greatest nation in this world.’

2018 birthday card by Emyha Brown, student at McCullough Girls School.

Representative Hall knew the value of the Civil Rights Movement first hand. In 1938, she was born in Mississippi, where Jim Crow laws barred her from voting. Hall moved her family to Gary in 1960, seeking better opportunities. Hall trained as a school teacher at Indiana University, and she taught social studies in Gary public schools. As a politically engaged citizen, Hall campaigned to elect Gary’s first Black Mayor, Richard Hatcher. She broke barriers herself when, in 1974, she became the first Black Hoosier to represent Indiana in Congress. Two years later, she ran for the Indiana Senate and won. While in the Indiana General Assembly, Hall supported education measures, healthcare reform, labor interests, and protections for women, such as sponsoring a measure to “fund emergency hospital treatment for rape victims,” including those who could not afford to pay.

The blemish. In 1987, voters elected Hall Gary city clerk, and it was in this position that her career became mired in scandal. In 2001, suspended city clerk employees alleged that Hall and her daughter and chief deputy, Junifer Hall, pressured them to donate to Katie’s political campaign or face termination. Dionna Drinkard and Charmaine Singleton said they were suspended after not selling tickets at a fundraiser for Hall’s reelection campaign. Although suspended, the Halls continued to list them as active employees, which meant Drinkard was unable to collect unemployment. The U.S. District Court charged the Halls with racketeering and perjury, as well as more than a dozen other charges. At trial, a federal grand jury heard testimony from employees who stated that the Halls forced them to sell candy and staff fundraisers to maintain employment. Allegedly, the Halls added pressure by scheduling fundraisers just before pay day. Investigators discovered cases of ghost-employment, noting that employees listed on the office’s 2002 budget included a former intern who was killed in 1999, a student who worked for the clerk part time one summer two years previously, and Indiana’s Miss Perfect Teen, who was listed as a “maintenance man.”

The Times (Munster), May 18, 2002, 25, accessed Newspapers.com.

According to the Munster Times, the Halls alleged their arrest was racially motivated and their lawyers (one of whom was Katie’s husband, John) claimed that “the Halls only did what white politicians have done for decades.” Josie Collins countered in an editorial for the Times that “if they do the crime, they should do the time. This is not an issue of racial discrimination. It is an issue of illegal use of the taxpayers’ money.” Whether or not the Halls’ allegation held water, it is clear from phone recordings between Junifer and an employee, as well as the “parade of employees past and present” who testified against the Halls, that they broke the law.

In 2003, the Halls pled guilty to a federal mail fraud charge that they extorted thousands of dollars from employees. By doing so, their other charges were dropped. They also admitted to providing Katie’s other daughter, Jacqueline, with an income and benefits, despite the fact that she did not actually work for the city clerk. The Halls immediately resigned from office. In 2004, they seemed to resist taking accountability for their criminal actions and filed a countersuit, in which they claimed that Gary Mayor Scott King and the Common Council refused to provide them with a competent lawyer regarding “the office’s operation.” The Munster Times noted “The Halls said they wouldn’t have broken the law if the city of Gary had provided them sound advice.” Instead, they lost their jobs and claimed to suffer from “‘extreme mental stress, anxiety, depression, humiliation and embarrassment by the negative publication of over 500 news articles.'” For this, they asked the court to award them $21 million.

The Times (Munster), July 9, 2003, 112, accessed Newspapers.com.

The City of Gary deemed the Halls’ Hail Mary pass “frivolous,” and a “‘form of harassment,'” arguing that “the Halls had no one to blame for their troubles but themselves.” The countersuit was dismissed. Junifer served a 16-month sentence at the Pekin Federal Correctional Institution in Pekin, Illinois. Katie Hall was placed on probation for five years. According to the Munster Times, one observer at her trial noted:

‘We are seeing the destruction of an icon.’

Thus ended Katie Hall’s illustrious political career, in which she worked so hard to break racial barriers and honor the legacy of Dr. Martin Luther King Jr. This leads to the perhaps unanswerable question: “Why?” Maybe in the early 2000s no one was immune from being swept into Gary’s notoriously corrupt political system. This system arose from the city’s segregated design, one which afforded white residents significantly more opportunities than Black residents. Possibly, the Halls sought to create their own advantages, at the expense of others. Either way, it is understandable that some Gary residents opposed the installation of a historical marker commemorating her life and work.

In many ways, McCulloch’s and Hall’s stories are not unique. It seems almost inevitable that with such prolific careers, one will make morally or ethically questionable decisions or at least be accused of doing so. Take African American physician Dr. Joseph Ward, who established a sanitarium in Indianapolis to treat Black patients after being barred from practicing in City Hospital. He forged professional opportunities for aspiring African American nurses in an era when Black women were often relegated to domestic service and manual labor. In 1924, Dr. Ward became the first African American commander of the segregated Veterans Hospital No. 91 at Tuskegee, Alabama. With his appointment, the hospital’s staff was composed entirely of Black personnel. Ward’s decision to accept the position was itself an act of bravery, coming on the heels of hostility from white residents, politicians, and the Ku Klux Klan. The blemish. In 1937, before a Federal grand jury he pled guilty to “conspiracy to defraud the Government through diversion of hospital supplies.” The esteemed leader was dismissed “under a cloud” after over eleven years of service. However, African American newspapers attributed his fall from grace to political and racial factors. According to The New York Age, Black Republicans viewed the “wholesale indictment of the Negro personnel” at Veterans Hospital No. 91 as an attempt by Southern Democrats to replace Black staff with white, to “rob Negroes of lucrative jobs.” Again, context comes into play when making sense of blemishes.

If nothing else, these complex legacies are compelling and tell us something about the period in which the figures lived. Much like our favorite fictional characters—Walter White, Don Draper, Daenerys Targaryen—controversial figures like Katie Hall and Oscar McCulloch captivate us not because they were perfect or aspirational, but because they took risks and were complex, flawed, and impactful. They were human.

*Text italicized by the author.

SOURCES USED:

Katie Hall, Untold Indiana.

Elsa F. Kramer, “Recasting the Tribe of Ishmael: The Role of Indianapolis’s Nineteeth-Century Poor in Twentieth Century Eugenics,” Indiana Magazine of History 104 (March 2008), 54.

Origin of Dr. MLK Day Law historical marker notes.

Brent Ruswick, “The Measure of Worthiness: The Rev. Oscar McCulloch and the Pauper Problem, 1877-1891,” Indiana Magazine of History 104 (March 2008), 9.

FOOTNOTES:

[1] Ruswick, 9.

[2] Ibid., 10.

[3] Kramer, 54.

[4] Ruswick, 10.

[5] Oscar C. McCulloch, “The Tribe of Ishmael: A Study in Social Degradation,” (1891), accessed Archive.org.

[6] Quotation from Ruswick, 31.

[7] Kramer, 39.

[8] Ibid.

[9] Ibid., 61.

[10] Learn more about the 1907 Indiana Eugenics Law and Indiana Plan with IHB’s historical marker notes.

“We Had Sung Them Off the Monument Steps:” Pride, Protest, and Patriotism in Indianapolis

Indianapolis Men’s Chorus Singing for Indy Pride 1992, Photo courtesy of Indiana Historical Society.

Music has long played a vital role in not only American history but also American activism. Slave spirituals were key to enduring the brutality of slave life and provided not only relief but also coded communication. Frederick Douglass wrote in his autobiography Narrative of the Life of Frederick Douglass, “The songs of the slave represent the sorrows of his heart; and he is relieved by them, only as an aching heart is relieved by its tears.” Similarly, music has been instrumental in a variety of modern 20^th century movements such as the freedom songs of the Civil Rights Movement and feminist anthems of the Women’s Movement. All movements have their anthems. But what about when it comes to our actual national anthem, “The Star Spangled Banner”?

Original manuscript, Francis Scott Key, “Star Spangled Banner,” accesssed Library of Congress.

It seems unlikely that during the War of 1812, when Francis Scott Key penned the poem that would later become our national anthem, he could have foreseen the controversy over the song that would occur centuries later. Certainly, he could not have predicted black football players taking a knee during his now musical poem prior to a professional football game, for one, because Key could not envision an America where black people lived free. While he viewed slavery as sinful (despite owning slaves himself at various points in his life), he was an anti-abolitionist who also at times upheld slaveholder rights. He personally supported the idea of black people “returning to Africa” if they were freed from slavery.

Wood Engraving, accessed Library of Congress.

His poem, set to the tune of an English drinking song, has been rife with controversy from the beginning. Many critics thought it too militaristic, too long, or even too hard to sing or to remember the complicated lyrics. It did not become the official anthem until 1931 during President Herbert Hoover’s tenure and there were many outspoken critics of the choice at the time and since (“America the Beautiful” has always been a fan favorite). But enough about Key.

In recent years, and regardless of how one feels about it, it is clear that our national anthem has been at the center of controversy in terms of its meaning and our reactions to it. The anthem is, for some, a sacrosanct representation of America and to question it, to kneel during it, has become an act of such disrespect as to dominate national dialogue for years. But clearly questions remain regarding the idea of ownership and interpretation of the anthem. If indeed the anthem belongs to Americans and represents us as a unit, how do we come to a common consensus in regards to it? Do we even need to? If so, which Americans get to determine our anthem’s meaning and how we should respond to it? Who gets to embody Americanism and Americanness, and who gets to make the decision about how we display our patriotism or call our country to be its best self?

Celebration on the Circle Program, Jeffrey L. Huntington collection, Rare Books and Manuscripts Division, Indiana State Library, Indiana Memory.

These questions lead to a much less publicized yet incredibly important event that occurred in Indianapolis during the Gay Pride celebration called “Celebration on the Circle,” held at Monument Circle on Saturday June 29, 1991. The gay community had been steadily growing and becoming more open in Indianapolis during the 1980s and early 1990s. Yet, it was still dangerous in many ways to live openly as a gay man or lesbian in the Midwest at the time. The vibrant gay bar scene and activism of the city were working on changing that by the early 1990s, but it was a long row to hoe, one that has not fully been completed across the state of Indiana.

One important development, among many, of Indianapolis becoming a more welcoming community to LGBTQ folks was the founding and then performances of the Indianapolis Men’s Chorus. The Men’s Chorus was a gay men’s chorus founded by the non-profit Crossroads Performing Arts, Inc. Crossroads, whose steering committee was originally under the direction of Jim Luce, had been working since January 1990 to lay the groundwork for the Men’s Chorus with future goals to establish a Women’s Chorus and an instrumental group. Recruitment for the Men’s Chorus began in earnest by the end of March 1990, and the founding choral director, Michael Hayden, who was a music professor at Butler University, was hired in August 1990. Vocal auditions were held in late September and early October, and the Men’s Chorus began practicing in earnest on October 14. The group planned to formally debut in spring 1991, which they did at the historic Madame Walker Theater on Saturday June 8.

Crossroads’ mission was to “strengthen the spirit of pride within the gay/lesbian community, to build bridges of understanding with all people of Indiana, and to enable its audiences and the general public to perceive the gay/lesbian community and its members in a positive way.” It is not surprising then, that the newly formed Men’s Chorus was slated to perform at the Gay Pride celebration in Indianapolis in late June 1991, as part of their debut season. This was only the second Gay Pride event held at Monument Circle. Gay Pride events, hosted by various organizations such as Justice, Inc., had been held in the city in the past, but throughout the 1980s they were semi-closeted, meaning they were held in a hotel, bar or rented space that was not actually out in the public—it was deemed too dangerous to be that open. In 1988, however, the Pride celebration expanded with a festival held at the more public Indianapolis Sports Center. Approximately 175 people attended, and by the very next year, when the event moved to Westlake Park, the number had dramatically risen to 1,000.

Indianapolis Star, July 1, 1990, accessed ProQuest.

Yet, the gay community still had real cause for concern, particularly as they began celebrating more openly and in highly visible spaces. In 1990, the Pride festivities continued to expand and moved to Monument Circle for an event dubbed “Celebration on the Circle.” Virulent anti-gay protesters from a variety of Indianapolis churches wanted to intimidate them off the streets and back into the closets. According to the Indianapolis Star, approximately 100 protesters were on the scene, “many of whom wore gas masks and shouted insults as they walked around Monument Circle.” One anti-gay demonstrator explained why they were at the Circle: “We are all Christians who are here because we don’t approve of what these people are doing, trying to turn Indianapolis into another gay capital like San Francisco…I find it objectionable that they want to take their unholy, unacceptable lifestyle to the center of the city.” Indeed, the Indianapolis Star described the rally as “a confrontation with fundamentalist anger.”

The climate was just as hostile or perhaps even more so for the second Pride event at the Circle. First off, in April 1991, city officials denied Justice, Inc. permission to hold the Pride rally at Monument Circle, and cited a temporary policy limiting “traffic disruption and police overtime as the reasons.” The Indiana Civil Liberties Union quickly planned to challenge the decision in court. Within weeks, Safety Director Joseph J. Shelton relented, stating, “The thing that really changed my mind about it is the fact that regardless of what we say or what we do, the outright appearance was that we were only imposing this restriction on this group… just because of the gay and lesbian organization.” After organizers were given the green light to host their event at the Circle, Pride attendees, including the Men’s Chorus singers, were still not exactly sure how they would be received by their own city and its citizens.

Indianapolis Star, April 6, 1991, accessed ProQuest.

Hayden recalled having conversations with the singers about whether they wanted to perform at the Pride event and how the chorus wanted to be sensitive to its members’ differing levels of comfort. They were right to have concerns. Religious protesters, even angrier than at last year’s events, were in the mood for blood. And they arrived with baseball bats. Jim Luce wryly observed, “Because Jesus would have a baseball bat, right?”

Hayden and the Men’s Chorus, including Luce, walked into a hostile scene. As the 1991 Gay Pride event was getting ready to kick-off, approximately 40 protesters stormed the stage. Lt. Tom Bruno, of the Indianapolis Police Department’s traffic unit, described the protesters as being armed with “an attitude of confrontation.” As tensions mounted, John Aleshire, a spectator at Pride who later went on to chair the board of Crossroads Performing Arts, was unsettled by what was taking place before his eyes. He was both fearful of what was to come and felt helpless to stop it.

Right as the fundamentalist protesters and rally attendees including the Men’s Chorus, who had by then made their way onstage, seemed ready to clash, Michael Hayden, the chorus director, made a split-second decision. He somehow had the knowledge and foresight to choose the only song that could defuse the tension and make the bat-wielding Christians stop in their tracks. He looked at his men and said, “Sing the national anthem. Right now.” Pride attendees encircled the unwelcome protesters on the stage and assailed them with music. According to the Indianapolis Star, “it was a tense moment,” but as Aleshire recalled, “something magical happened.”

As the Men’s Chorus armed themselves with their voices, the protesters were taken aback. Luce described the scene: “It was fascinating to watch that group of people actively hating us while we were singing the National Anthem. I mean they actively hated us.” One onlooker later wrote, “Those who had wrapped their religion in Old Glory were hearing those ‘sissies’, ‘faggots’, and ‘moral degenerates’ demonstrating that the ugly protesters held no monopoly when it came to expressing their love of country.” And as Hayden queried, “What could they say? How could they protest America’s national anthem? There’s no way.”

Hayden in that moment understood what was at stake here: not only their right to be out in public as gay men and women, but their very Americanism. Hayden recalled thinking, “We’re Americans too. Shut up. We’re going to own this just like you. That flag represents us as well.” And the fundamentalists faced a choice as the notes of the “Star Spangled Banner” descended upon them: put their hands over their hearts as they had been taught that all loyal Americans should do when they hear our national anthem or charge full-force ahead at another group of patriotic Americans, nee Hoosiers, utilizing their right to celebrate in a public space. The protesters ultimately stopped and paid their respects to the anthem, and it was just enough pause to dull the escalating tension. In Hayden’s words, “We had sung them off the monument steps.”

After the protesters exited the stage, events were able to carry on without further disruption. No arrests were made and no violence occurred. Attendees were proud of how the Pride event transpired, but fear of being so openly exposed continued to permeate throughout the day.

Activists, particularly those with ties to the Men’s Chorus, remember with pride how they sang down the hatred using their own patriotism. Hayden described the Men’s Chorus singers as being these relatively young “homegrown” men, Hoosiers in their 20s and 30s who were “from these great families from Indiana.” And after the situation was defused, they started cheering and hugging each other, and processing what they had just done. The following month, Hayden wrote to his chorus to reflect on their experiences: “Seeing a man carry a ball bat or standing on the steps with them shouting in our faces just trying to enlist us to violence … and then this mighty male instrument opening its mouth and singing these ‘Christians’ right off the steps! Goliath has never seen a stronger David. I have never felt so proud to be gay, a musician, and what we know to be a true Christian in my entire life.”

Indianapolis Star, December 29, 1992, accessed ProQuest.

Decades later, Hayden could still recall the emotions, power, and importance of what transpired that summer day. He reminisced, “We all felt it, and we knew we had done that with our voices and our national anthem.” Aleshire confirmed these feelings, “It proved to me, once again, that music is one of the most powerful forces to bring down walls and build bridges in their stead.”

Sources Used:

Frederick Douglass, Narrative of the Life of Frederick Douglass: An American Slave, Written by Himself, Edited with an Introduction by David W. Blight, (Bedford St. Martin’s, 2002).

Norman Gelb, “Francis Scott Key, the Reluctant Patriot,” Smithsonian Magazine, September 2004, https://www.smithsonianmag.com/history/francis-scott-key-the-reluctant-patriot-180937178/, Accessed 3 January 2019.

Michael Hayden, Interviews by author, September 10, 11, 19, 2018, October 1, 2018, November 12, 2018, In possession of author.

Ruth Holladay, “A gay chorus? In Indy? Planners say it’s about time,” Indianapolis Star. Wednesday June 20, 1990.

Tim Lucas, “Career Changes are his specialty,” Indianapolis Star, Sunday June 21, 1992.

Mary Carole McCauley, “’Star-Spangled Banner’ writer had complex record on race,” The Baltimore Sun, September 13, 2017, https://www.baltimoresun.com/entertainment/arts/bs-ae-key-legacy-20140726-story.html.

Kevin Morgan, “Pride and protest at gay gathering,” Indianapolis Star, Sunday July 1, 1990.

“Indianapolis’ LGBT History,” No Limits podcast, June 7, 2018, https://www.wfyi.org/programs/no-limits/radio/Indianapolis-LGBT-History.

Indianapolis Men’s Chorus/Crossroads Performing Arts, Inc. Records, ca. 1989-1995, 2005. William Henry Smith Memorial Library, Indiana Historical Society, Indianapolis, Indiana.

“3,000 gays expected for event,” Indianapolis Star, Friday June 29, 1990.

Kyle Niederpruem, “Gay bar patrons often crime targets,” Indianapolis Star, Sunday September 30, 1990.

Diana Penner, “Men’s Chorus keeps on singing in face of adversity and protest,” Indianapolis Star, Tuesday December 29, 1992.

Dorothy Petroskey, “Homosexuals told they can’t rally at Circle,” Indianapolis Star, Saturday April 6, 1991.

Jacqui Podzius, “Homosexuals show their pride at rally,” Indianapolis Star, Sunday June 30, 1991.

Don Sherfick, “A Salute to the Indychoruses Bridge-Builders,” https://indianaequality.typepad.com/indiana_equality_blog/2008/09/a-salute-to-the.html, Accessed 2 August 2018.

AJ Willingham, “The unexpected connection between slavery, NFL protests, and the national anthem,” August 22, 2017, https://www.cnn.com/2016/08/29/sport/colin-kaepernick-flag-protest-has-history-trnd/index.html.

Christopher Wilson, “Where’s the Debate on Francis Scott Key’s Slave-Holding Legacy?” Smithsonian.com, July 1, 2016, https://www.smithsonianmag.com/smithsonian-institution/wheres-debate-francis-scott-keys-slave-holding-legacy-180959550/.

Indy Pride, “History of Pride,” https://indypride.org/about/history/, Accessed 15 January 2019.

Representative Katie B. Hall’s Fight for Dr. Martin Luther King, Jr. Day

On September 7, 1982, U.S. Representative Adam Benjamin (D-Indiana), a Gary native, was found dead of a heart attack in his Washington, D.C. apartment. Gary Mayor Richard Hatcher, the first African American mayor in the State of Indiana, was tasked with selecting a candidate to run in a special election to complete the last few months of Benjamin’s term. After some intra-party debate, Mayor Hatcher chose Indiana State Senator Katie Hall to serve out the remainder of Benjamin’s term in the U.S. House of Representatives. In November, Hall was elected to Indiana’s first congressional district seat, becoming the first African American to represent Indiana in Congress. When Hall arrived in Washington, D.C., she served as chairwoman of the Subcommittee on Census and Population, which was responsible for holidays. Her leadership in this subcommittee would successfully build on a years-long struggle to create a federal holiday honoring the civil rights legacy of the late Dr. Martin Luther King, Jr. on his birthday.

Each year since Dr. King’s assassination in 1968, U.S. Representative John Conyers (D-Michigan) had introduced a bill to make Dr. King’s January 15 birthday a national holiday. Over the years, many became involved in the growing push to commemorate Dr. King with a holiday. Musician Stevie Wonder was one of the most active in support of Conyers’s efforts. He led rallies on the Washington Mall and used his concerts to generate public support. In 1980, Wonder released a song titled “Happy Birthday” in honor of Dr. King’s birthday. The following year, Wonder funded a Washington, D.C. lobbying organization, which, together with The King Center, lobbied for the holiday’s establishment. Coretta Scott King, Dr. King’s widow, ran The King Center and was also heavily involved in pushing for the holiday, testifying multiple times before the Subcommittee on Census and Population. In 1982, Mrs. King and Wonder delivered a petition to the Speaker of the House bearing more than six million signatures in favor of the holiday. For Dr. King’s birthday in 1983, Mrs. King urged a boycott, asking Americans to not spend any money on January 15.

Opponents objected to the proposed holiday for various reasons. North Carolina Republican Senator Jesse Helms led the opposition, citing a high cost to the federal government. He claimed it would cost four to twelve billion dollars; however, the Congressional Budget Office estimated the cost to be eighteen million dollars. Furthermore, a King holiday would bring the number of federal holidays to ten, and detractors thought that to be too many. President Ronald Reagan’s initial opposition to the holiday also centered on concern over the cost; later, his position was that holidays in honor of an individual ought to be reserved for “the Washingtons and Lincolns.”

Earlier in October, Senator Helms had filibustered the holiday bill, but, on October 18, the Senate once again took the bill up for consideration. A distinguished reporter for Time, Neil MacNeil described Helms’s unpopular antics that day. Helms had prepared an inch-thick packet for each senator condemning Dr. King as a “near-communist.” It included:

‘a sampling of the 65,000 documents on [K]ing recently released by the FBI, just about all purporting the FBI’s dark suspicions of commie conspiracy by this ‘scoundrel,’ as one of the FBI’s own referred to King.’

Helms’s claims infuriated Senator Edward Kennedy (D-Massachusetts) because they relied on invoking the memory of Senator Kennedy’s deceased brothers—former President John Kennedy and former U.S. Attorney General Robert Kennedy—against King. Kennedy was “appalled at [Helms’] attempt to misappropriate the memory” of his brothers and “misuse it as part of this smear campaign.” Senator Bill Bradley (D- New Jersey) joined Kennedy’s rebuttal by calling out Helms’s racism on the floor of the Senate and contending that Helms and others who opposed the King holiday bill “are playing up to Old Jim Crow and all of us know it.” Helms’s dramatic performance in the Senate against the holiday bill had the opposite effect from what he had intended. In fact, Southern senators together ended up voting for the bill in a higher percentage than the Senate overall.

The next day, at an October 19 press conference, Reagan further explained his reluctance to support the bill. Asked if he agreed with Senator Helms’s accusations that Dr. King was a Communist sympathizer, Reagan responded, “We’ll know in about 35 years, won’t we?” His comment referred to a judge’s 1977 order to keep wiretap records of Dr. King sealed. Wiretaps of Dr. King had first been approved twenty years prior by Robert Kennedy when he was U.S. Attorney General. U.S. District Judge John Lewis Smith, Jr. ruled that the records would remain sealed, not until 2018 as Reagan mistakenly claimed, but until 2027 for a total of fifty years. However, President Reagan acknowledged in a private letter to former New Hampshire Governor Meldrim Thomson in early October that he retained reservations about King’s alleged Communist ties, and wrote that regarding King, “the perception of too many people is based on an image, not reality.”

[Munster] Times, August 28, 1983, accessed Newspapers.com.

After fifteen years of struggling to commemorate King with a federal holiday, why did the effort finally succeed in 1983? It was the culmination of several factors that together resulted in sufficient pressure on the Washington establishment. Wonder’s wildly successful “Happy Birthday” pulled a lot of weight to raise the public profile of the holiday demand. Mrs. King’s perennial work advocating for the holiday kept the issue in the public eye.

Image courtesy of the Library of Congress. According to House.gov, “This hand bill, noting the anniversary of King’s 1968 assassination, sought to rally public support for the creation of the holiday.”

Support was gaining ground around the country; by 1983 eighteen states had enacted some form of holiday in honor of Dr. King. Politicians could see the tide of public support turning in favor of the holiday, and their positions on the holiday became something of a litmus test for a politician’s support of civil rights.

After Helms’s acrimonious presentation in late October, Mrs. King gave an interview, published in the Alexandria, Louisiana Town Talk, saying that it was obvious since Reagan’s election that:

‘he has systematically ignored the concerns of black people . . . These conservatives try to dress up what they’re doing [by attempting to block the King holiday bill] . . . They are against equal rights for black people. The motivation behind this is certainly strongly racial.’

Town Talk noted that “Mrs. King said she suspects Helms’s actions prompted a number of opposed senators to vote for the bill for fear of being allied with him.” Some editorials and letters-to-the-editor alleged that Reagan ultimately supported and signed the King holiday bill to secure African American votes in his 1984 reelection campaign. In August 1983, Mrs. King had helped organize a rally at the National Mall in Washington, D.C. in celebration of the twentieth anniversary of the 1963 March on Washington, at which King gave his famous “I Have a Dream” speech. Between 250,000 and 500,000 Americans attended; all speakers called on Reagan to sign the MLKJ Day bill.

Indianapolis Star, August 28, 1983, accessed Newspapers.com.

Hall was busy building support among her colleagues for the holiday; she spent the summer of 1983 on the phone with legislators to whip votes. As chair of the House Subcommittee on Census and Population, Hall led several hearings called to measure Americans’ support of a holiday in memory of King’s legacy. According to the Indianapolis Recorder, “among those who testified in favor of the holiday were House Speaker Thomas ‘Tip’ O’Neill, Rep. John Conyers Jr. (D-Mich.), Sen. Edward Kennedy (D.-Mass.), singer Stevie Wonder and Coretta Scott King.” Additionally, a change in the bill potentially helped its chances by addressing a key concern of its opponents—the cost of opening government offices twice in one week. At some point between when Conyers introduced the bill in January 1981 and when Hall introduced the bill in the summer of 1983, the bill text was changed to propose that the holiday be celebrated every third Monday in January, rather than on King’s birth date of January 15.

After the House passed the bill on August 2, Hall was quoted in the Indianapolis News with an insight about her motivation:

‘The time is before us to show what we believe— that justice and equality must continue to prevail, not only as individuals, but as the greatest nation in this world.’

For Hall, the King holiday bill was about affirming America’s commitment to King’s mission of civil rights. It would be another two and a half months of political debate before the Senate passed the bill.

The new holiday was slated to be officially celebrated for the first time in 1986. However, Hall and other invested parties wanted to ensure that the country’s first federal Martin Luther King Jr. Day would be suitably celebrated. To that end, Hall introduced legislation in 1984 to establish a commission that would “work to encourage appropriate ceremonies and activities.” The legislation passed, but Hall lost her reelection campaign that year and was unable to fully participate on the committee. Regardless, in part because of Hall’s initiative, that first observance in 1986 was successful.

Stevie Wonder and Coretta Scott King, 1984, courtesy of Medium.com.

In Hall’s district, Gary held a celebration called “The Dream that Lives” at the Genesis Convention Center. Some state capitals, including Indianapolis, held commemorative marches and rallies. Officials unveiled a new statue of Dr. King in Birmingham, Alabama, where the leader was arrested in 1963 for marching in protest against the treatment of African Americans. In Washington, D.C., Wonder led a reception at the Kennedy Center with other musicians. Reverend Jesse Jackson spoke to congregants in Atlanta where Dr. King was minister, and then led a vigil at Dr. King’s grave. Mrs. King led a reception at the Martin Luther King, Jr., Center, also in Atlanta.

Representative Hall knew the value of the Civil Rights Movement first hand. Born in Mississippi in 1938, Hall was barred from voting under Jim Crow laws. She moved her family to Gary, Indiana in 1960, seeking better opportunities. Her first vote ever cast was for John F. Kennedy during the presidential race that year. Hall was trained as a school teacher at Indiana University and she taught social studies in Gary public schools. As a politically engaged citizen, Hall campaigned to elect Mayor Hatcher and ran a successful campaign herself when in 1974 she won a seat in the Indiana House of Representatives. Two years later, she ran for Indiana Senate and won. Hall and Julia Carson, elected at the same time, were the first Black women elected to the state senate. While in the Indiana General Assembly, Hall supported education measures, healthcare reform, labor interests, and protections for women, such as sponsoring a measure to “fund emergency hospital treatment for rape victims,” including those who could not afford to pay.

Rep. Hall, courtesy of the U.S. House of Representatives.

Hall was still serving as Indiana state senator in 1982 when Representative Benjamin passed away and Mayor Hatcher nominated her to complete Benjamin’s term. She made history in November 1982, when in the same election she won the campaign to complete Benjamin’s term, as well as being elected to her own two year term, becoming the first African American to represent Indiana in Congress. However, Hall lost her bid for reelection during the 1984 primaries to Peter Visclosky, a former aide of Rep. Benjamin who still holds the seat today. Hall ran for Congress again in 1986, this time with the endorsement of Mrs. King. Although she failed to regain the congressional seat, Hall remained active in politics. In 1987, Hall was elected Gary city clerk, a position she held until 2003 when she resigned amid scandal after an indictment on mail fraud, extortion, and racketeering charges. In June 1989, Dr. King’s son Martin King III wrote to Hall supporting her consideration of running again for Congress.

Hall passed away in Gary in 2012. The establishment of the federal Martin Luther King, Jr. holiday law was Hall’s crowning achievement. Her success built upon a fifteen-year-long struggle to establish a national holiday in honor of Dr. King. The Indiana General Assembly passed a state law in mid-1989 establishing the Dr. King holiday for state workers, but it was not until 2000 that all fifty states instituted a holiday in memory of Dr. King for state employees.

The Martin Luther King, Jr. holiday has endured despite the struggle to create it. In 1994, President Bill Clinton signed a bill sponsored by Senator Harris Wofford (D-Pennsylvania) and Representative John Lewis (D-Georgia) that established Martin Luther King Day as a day of service, encouraging wide participation in volunteer activities. Inspired by King’s words that “everyone can be great because everyone can serve,” the change was envisioned as a way to honor King’s legacy with service to others. Today, Martin Luther King Day is celebrated across the country and politicians’ 1983 votes on it continue to serve as a civil rights litmus test.

Mark your calendars for the April 2019 dedication ceremony of a state historical marker in Gary commemorating Representative Hall and the origins of Martin Luther King, Jr. Day.

Click here for a bibliography of sources used in this post and the forthcoming historical marker.

Charles Gordone: Finding His Place to Be Somebody

The unified efforts of the Civil Rights Movement began to fracture when in 1966 a new strategy and ideology emerged, known as the Black Power Movement. This new movement also influenced the development of the Black Arts Movement. According to historian Ann Chambers, the Black Arts Movement did not speak for the entire black community; however, the movement gave a “new sense of racial pride to many young African-American artists.” One African-American writer and actor who opposed the Black Arts Movement was Pulitzer Prize winning playwright, Charles Gordone.

Gordone was born Charles Fleming in Cleveland, Ohio, on October 12, 1925. In 1927, his mother moved with her children to Elkhart, Indiana. By 1931, she married, changing Charles Fleming’s name to Charles Gordon. He attended Elkhart High School and, although popular at school, faced racial discrimination while living in Indiana because of the divide between white and African-American children. According to Gordon, both races rejected him. White children avoided him because he was black, and the town’s African-American community shunned him because his family “lived on the other side of the tracks and . . . thought we [the Gordons] were trying to be white.”

After serving in the US Army Air Corps, he enrolled in Los Angeles City College, and graduated in 1952. Gordon stated that he majored in performing arts because “I couldn’t keep myself away from the drama department.” His experiences in college influenced his outlook on race in America. Gordon stated “I was always cast in subservient or stereotypical roles,” and he began wondering why he was not given prominent parts in Shakespeare, Ibsen, Strindberg, Pirandello plays. After graduation, Gordon moved to New York City. Once on the east-coast, Charles Gordon added an “e” to the end of his name, and became Charles Gordone when he joined Actor’s Equity Association; a labor union for theater actors and stage managers.

Supporters of the Committee for the Employment of Negro Performers picketing a theater in New York City, 1962, courtesy of gettyimages.co.uk.

Two months after Gordone’s arrival in New York, he performed in Moss Hart’s Broadway play, The Climate of Eden, the “first of many Broadway and off-Broadway productions” for Gordone. He soon realized that black actors had a hard time earning a living in the entertainment business, and he claimed he “began to get really intense” about the lack of acting jobs for African Americans. He started conversing with many “young black actors,” and soon started picketing theaters on Broadway for better job opportunities. Similarly, fellow Hoosier actor William Walker, who portrayed Reverend Sykes in the film version of To Kill a Mockingbird, became a fierce civil rights advocate in Hollywood after being relegated to roles as a domestic servant because of his race. Walker worked with actor and future president Ronald Reagan to obtain more roles for African Americans.

Around 1963, Gordone became the chairman of the Committee for Employment of Negro Performers (CENP). Gordone claimed in 1962 and 1963 that television producers feared the withdrawal of corporate sponsorship if they “put Negroes in their shows” and that “discrimination took more forms in the entertainment field than in any other industry.”

Although the Civil Rights Movement had made extensive strides toward improving equality among the races, civil rights laws did not deter de facto segregation, or forms of segregation not “codified in law but practiced through unwritten custom.” In most of America, social norms excluded African Americans from decent schools, exclusive clubs, suburban housing divisions, and “all but the most menial jobs.” Federal laws also did not address the various factors causing urban black poverty. As racial tension mounted throughout the United States, Gordone struggled to survive in New York City. During the last half of the 1950s, out of work and broke, Gordone took a job as a waiter for Johnny Romero in the first African-American owned bar in Greenwich Village. His experiences there inspired his play No Place to Be Somebody, which he began scripting in 1960.

During the next seven years writing his play, Gordone sporadically worked in the theater industry. He was an original member of the cast for Jean Genet’s The Blacks: A Clown Show. The playwright, a white man, intended the play for an all African-American cast and a white audience. He states in his script that “One evening an actor asked me to write a play for an all-black cast. But what exactly is a black? First of all, what’s his color?”

In The Blacks: A Clown Show, African Americans wage war against the “white power structure,” and the oppressed evolve into the oppressor. Warner noted that Genet’s play put Gordone “in touch with his black anger.” In 1969, Gordone claimed that his experience as part of the cast changed his life because the play dealt with problems about race, enabled him to confront the “hatred and fear I [Gordone] had inside me about being black,” and introduced a talented group of African-American actors to the entertainment media including James Earl Jones and Maya Angelou.

1970 play bill, accessed hollywoodmemorabilia.com

Gordone finished his own play, No Place to Be Somebody, in 1967. The plot of the play revolves around an African-American bar owner named Johnny Williams. Other characters include a mixed-race actor, a black homosexual dancer, a Jewish strumpet, a black prostitute, an Irish hipster, an aging black hustler, a member of the Italian mafia, an influential white judge, and the judge’s idealistic daughter. Johnny Williams, is a tavern-owner, pimp and wannabe racketeer. His foil, Gabriel, also an African-American, is an intellectual struggling to be accepted as a legitimate actor.

According to a New York Times reviewer, the characters are forced to try and survive in a society controlled by white standards. Johnny Williams possesses a desire to become “somebody” in Italian-run organized crime; Gabriel fails in his attempts to be cast in African American roles because he is light-skinned. The characters’ actions in No Place to Be Somebody are influenced by racial and cultural pressures directed towards characters of opposing races. According to Gordone, “It [the play] is the story of power, about somebody who is stifled who was born in a subculture and feels the only out is through the subculture.” By the end of the play, most of the characters fail in obtaining their goals because they have all set their “ambitions in excess of their immediate limitations.”

Gordone originally offered the play to the Negro Ensemble Company (NEC); an acting group rooted in the Black Arts Movement. He claimed the co-founder, Robert Hooks, turned it down because the NEC did not allow white actors in their theater troupe. Gordone and Warner produced a “showcase version” of the play at the Sheridan Square Playhouse in 1967, but “the response wasn’t too good.” Gordone and Warner lost all their money in the venture. But in 1969, the play was accepted for the “Other Stage Workshop,” in Joseph Papp’s Public Theater, at the New York Shakespeare Festival.

No Place to Be Somebody opened on May 4, 1969 to mixed reviews. New York Times reviewer, Walter Kerr, compared Gordone’s work to Edward Albee’s masterpiece, Who’s Afraid of Virginia Woolf? Other reviews called the play “engrossing,” “powerful,” and hailed it as one of the “unique” plays of 1969. On the contrary, influential African-American critic, Clayton Riley, blasted the play’s poor production and directorial choices. Riley also questioned Gordone’s “incomprehensible” dialogue, depiction of “self-hatred,” “contempt for Black people,” and his “desire to say too much.” Yet, Riley did state that Gordone possessed “splendid talents.” According to Gordone, Riley’s review “hurt Riley more than me [Gordone] … brother Clayton is uptight. He can’t face it that The [white] Man is helping one of his brothers.”

Headline from The [Arkansas] Hope Star, May 6, 1970, 5, accessed Newspapers.com.

After the play’s opening, No Place to Be Somebody quickly moved to the Anspacher Theater for an extended period of time and opened for a limited run on Broadway in the ANTA Theater. Exactly one year after the play opened at the Shakespeare Festival, May 4, 1970, Gordone won the Pulitzer Prize for Drama. The play was the first off-Broadway winner, and Gordone became known as the first African-American playwright to win the award. Yet he did not appreciate being categorized as a member of “black theater” or the Black Arts Movement, unlike Indianapolis poet Etheridge Knight.

According to a 1982 interview, Gordone’s views on race “alienated many blacks.” Gordone argued, in a 1970 New York Times editorial piece, that writers like LeRoi Jones (Amiri Baraka) should write about more than “how badly the black man is treated and how angry he is.” Gordone believed such theater intensified the split amongst the races, and he questioned “Is black really ‘beautiful’? Or is that beauty always hidden underneath the anger and resentment?” According to Gordone, Jones’ writing was “egotistical, smug, angry (never violent), frightened, and damning of every white man in the world,” and Gordone took offense that Jones was “attempting to speak for all people of color in this country.”

According to Mance Williams, Gordone opposed the Black Arts Movement’s notion that the “Black Experience is a singular and unique phenomenon.” Gordone believed that African-American culture was one part of the larger American Culture, reasoning that without the “white experience,” there cannot be a “black experience.” Williams states that Gordone believed the races were interrelated, and helped create the unique qualities that defined the “white” and “black” races. In a 1992 interview, Gordone said “We need to redefine multiculturalism. There’s only one culture—the American culture, and we have many ethnic groups who contribute.”

Poet Amiri Baraka, a major figure in the Black Arts Movement, courtesy of Amherstmedia.org.

One possible explanation for Gordone’s belief in multiculturalism is the fact that he claimed his ancestral makeup consisted of “part Indian, part French, part Irish, and part nigger,” and he jokingly called himself “a North American mestizo.” Williams claims the playwright deemed the “color problem” could only be resolved through cooperation between the races, and that is why Gordone shied away from any radical political movements that could further divide the races. However, according to Gordone, his exclusion from the Black Arts Movement left him “Dazed, hurt, confused, and filled with self-pity.”

Gordone claimed his professional success put tremendous pressure on him. Winning the Pulitzer Prize made Gordone unhappy because he was acclaimed as a writer, rather than a director. According to Gordone, “every time you sit down at a typewriter, you’re writing a Pulitzer Prize. You’re always competing with yourself and you have to write something that’s as good or better.” In 1969, he began drinking heavily, hoping “get the muse out of the bottle” after the “long struggle.” During Gordone’s battle with alcoholism, he still worked in the theater industry. He got involved with a group called Cell Block Theater, which used theater as therapy as part of an inmate rehabilitation program.

In 1981, Gordone met Susan Kouyomjian and in 1982 they founded The American Stage, an organization devoted to casting minorities into non-traditional roles, in Berkeley, California. The American Stage productions included A Streetcar Named Desire with a Creole actor playing Stanley; Of Mice and Men with two Mexican-American actors playing George and Lenny; and The Night of the Iguana with an African American actor in the lead role of Shannon. According to Gordone, he and Kouyomjian never overtly wanted to provide more opportunities for “black, Hispanic and Asian actors,” but Gordone said “it is now very much my thing.” Their goal was to logically cast actors “so that you don’t insult the work’s integrity.” Gordone believed “innovative casting enhances the plays,” and makes them so exciting that “it’s almost like you’re seeing them for the first time.”

Charles Gordone, photo by Susan Kouyomjian Gordone, accessed African American Registry.

In a 1988 interview, Gordone continued commenting about the portrayal of race in contemporary literature and theater. Susan Harris Smith asked if theater critics viewed Gordone as “black first and a writer second?” He replied “Yes” and commented the practice was “racist.” He claimed he was a playwright trying to “write about all people . . . and to say I [Gordone] have a black point of view is putting me in a corner.” He believed African-American critics finally reached a “significant realization” about the theme of No Place to Be Somebody, that “if blacks walk willingly into the mainstream without scrutiny their identity will die or they will go mad.”

In 1987, Texas A&M University hired Gordone to teach in the English and Speech Communications Department. There, Gordone began embracing the American-western lifestyle or “cowboy culture.” The playwright stated, “The West had always represented a welcoming place for those in search of a new life,” and he found a “spirit of newfound personal freedom” within the American West. Gordone remained in Texas until his death on November 16, 1995. Friends and family scattered his ashes in a “traditional cowboy ceremony, with a riderless horse” near Spring Creek Ranch, Texas.

Learn more about Gordone via the Indiana Historical Bureau’s historical marker.

Gloria Frankel & The Seahorse: The South Bend LGBT Club’s Fight for Gay Rights

In 2015, Mayor Pete Buttigieg of South Bend announced in a South Bend Tribune op-ed that he was gay, making him Indiana’s first openly gay mayor. Four decades before Buttigieg’s announcement, the city reportedly outlawed same-sex dancing. In 1974, Gloria Frankel and her gay club, The Seahorse Cabaret, withstood police harassment, challenged regulations against LGBT individuals, and endured a firebombing. In this post, we explore the fight for gay rights in the Michiana area and the intrepid woman who lead the charge.

Gloria Frankel (right) and friend, circa 1950s, courtesy of LGBTQ Collection, Michiana Memory, St. Joseph County Public Library.

According to Ben Wineland’s “Then and Now: The Origins and Development of the Gay Community in South Bend,” Frankel opened South Bend’s first gay club in the early 1970s. Its opening followed the famous Stonewall Riots of 1969, in which members of New York City’s LGBT bar community responded to a police raid with a series of violent protests. The riots immediately forwarded the gay liberation movement and the fight for LGBT rights in America. LGBT individuals in smaller cities capitalized on the momentum by opening bars that fostered gay communities and provided them with a relatively safe space for entertainment, dialogue, and activism.

Frankel filled this role in South Bend with The Seahorse. She hosted shows and events, and distributed fliers for them, an act “which embodied the new kind of confidence and visibility that the Stonewall riots helped to create.” Also like those who frequented the raided Stonewall Inn, patrons of The Seahorse encountered an intimidating police presence, in which officers would “‘walk around and make people nervous. ‘Cause it was a gay bar'” (Wineland, 74). In 2005, Frankel recalled “I always wanted to open a bar where gay people openly socialized with each other. Back when I first opened the bar, people were ashamed of who they were and frightened of the severe consequences if they were found out. And at the time, being caught in a gay bar would land you in jail and lose you your job.” Wineland contended that The Seahorse was considered a threat by law enforcement because it “became more than just a hole in the wall, it looked to the opposition like hope; a hope for visibility, mainstream appeal, and a point of organization for the gay movement.”

Lambda Society of Michiana, newsletter, February 1975, courtesy of LGBTQ Collection, Michiana Memory, St. Joseph County Public Library.

According to oral history interviews with Seahorse patrons-conducted by Katie Madonna Lee, producer of a forthcoming documentary about the club-a city ordinance prohibited same sex dancing until 1974. One interviewee recalled that if men were found dancing or being affectionate they would be arrested, escorted to the police station, and charged with a lewd act. According to these interviews and Frankel’s obituary, Gloria combated this by successfully challenging the City of South Bend to allow same sex dancing. More research should be undertaken regarding her reported legal battle. The Lambda Society* of Michiana was also concerned with laws discriminating against the gay community, urging newsletter readers in 1974 and 1975 to write their legislators.

In a May 1974 newsletter, the organization noted a desire to evolve from social objectives to those also involving advocacy. It noted that the organization was founded “because gay is more than sexual preference, and because gay can be more than just an alternative life style. Lambda has struggled through nine months offering little more than social functions as an alternative to the bars, baths, and bus station.”

Newsletter articles about the 1974 Indiana Gay Awareness Conference in Bloomington, Indiana give a window into the origins of mobilized political action for Michiana’s LGBT community. One article noted that after discussing issues that gay individuals encountered with their families, police, landlords, and employers, the decision was made to “address the problem, which is not that we are criminals, but how to help others deal with their problems with homosexuality.” There was a panel discussion regarding “Gayness and the Law” and efforts were made to aid attorneys handling related cases. When discussing Indiana laws “hope was expressed that in the re-codification of our criminal code, consenting adult acts will be eliminated.” Notably,

mention was made that Illinois and Ohio have already removed consenting acts by adults from the criminal statues, that legislation is now pending in Michigan, and Kentucky is also considering some similar action, leaving Indiana ‘an island of persecution.’

Cover of TIME.com, September 8, 1975, a year of national conversation about gay acceptance.

The conference also held sessions about topics such as “Telling Your Parents,” “Professionals,” and “Racial Problems.” One newsletter author reflected candidly that “to say that this conference produced any dramatic changes or systems for dramatic changes, would be wrong.” However, it planted the seeds for unified efforts to change perspectives about homosexuals. The newsletter article noted that the conference showed “groups and individuals that there are others in our state willing to meet and try for change. As with all new associations, time and experience with each other and ourselves will cement the relationship into a working coalition for change.” The author concluded by stating “I learned more about others and my own attitutes [sic] towards homosexuals and straights. . . . we all joined hands in a circle, raised them high, singing We Shall Overcome – I was frightened – I was thrilled – I couldn’t have done that 24 hours earlier.” A 1975 newsletter illustrated some community support, printing an invitation from the Michiana Metropolitan Community Church, whose objective was to “better relationships amongst ourselves and within the community around us.”

Sea Horse II, moving announcement, 1975, courtesy of LGBTQ Collection, Michiana Memory, St. Joseph County Public Library.

Frankel too sought to forward the rights, identity, and well-being of the gay community. This may have been the motive behind someone stealing her car and setting it on fire in 1975. That year, a “Concerned Patron” wrote to the South Bend Tribune that the bar had to board its windows due to “rock and bottle throwing incidents” and that patrons only entered through the front door as a safety precaution. Nevertheless, Frankel’s Seahorse hosted Michiana Lambda Society events and successfully grew the local LGBT community, underscored by having to open The Seahorse II to accommodate an increase in patronage. Frankel also served as an unofficial mentor to others in South Bend who established gay bars, such as Jeannie’s Tavern and Vickie’s. She advised her “bar children” and had significant input regarding their businesses.

The Seahorse suffered a blow in 1982, when it was firebombed by an unidentified arsonist at 6:30 a.m. Residents who lived in apartments above the bar fled and one was hospitalized. Although firefighters contained the flames to the front of the building, it suffered approximately $90,000 worth of smoke damage.

The Seahorse after firebombing, 1982, courtesy of The Seahorse Facebook page.

Though devastating, the bombing demonstrated the solidarity of the South Bend’s LGBT community. According to code, the bar would be shut down if it could not get back to standards within ten days. Members of the community rallied to repair and clean it, shocking officials by getting the club back to code and reopening within the allotted time. They celebrated by hosting their annual anniversary party.

In the mid-1980s, the city used code enforcement to stymie Seahorse operations. This included denying the routine renewal of a liquor license and challenging the acquisition of a parking lot for customers. The Seahorse perceived these actions to be discriminatory, while the city insisted they were not.

Frankel continued to serve as a pillar of South Bend’s gay community when she led the local fight against HIV/AIDS in the early 1990s, funding AIDS ministries and making The Seahorse a cite of free HIV testing. Frankel stated “At that time gays were being terribly discriminated against, and many were afraid to go [to] the health department to get tested. So with the help of some friends, we cleaned up the back garage and turned it into a counseling center.”

The Seahorse continued to be foundational to South Bend’s LGBT community until 2007, when Frankel passed away. The club closed shortly thereafter and Jeannie’s Tavern became the home of Seahorse patrons and performers. However, Frankel’s pioneering efforts established South Bend’s enduring LGBT community.

The Seahorse Cabaret stage, courtesy of The Seahorse Facebook page.

*Lambda Legal Non-Profit Organization was founded in 1973 as “the nation’s first legal organization dedicated to achieving full equality for lesbian and gay people.”

Editor’s Note: An earlier version of this blog, citing an oral history, suggested the profession of the arsonists. Also citing the same oral history, the blogger stated that Frankel erected a wall around the bar for protection. Former employees of the bar at the time of the arson have called into question the veracity of the oral history’s claims on these two points. In an effort for us to present an accurate account of the historical events, we have edited the blog accordingly.

Sources:

Conversation with Margaret Fosmoe, a South Bend Tribune reporter who graciously searched the newspaper’s archive for articles for this post.

Conversation with Katie Madonna Lee, producer of a forthcoming documentary about The Seahorse. Lee has conducted interviews and done extensive archival research about South Bend LGBTQ history.

Diane Frederick, “Homosexuality Laws Vary Widely,” Indianapolis News, August 22, 1975, 1, Indiana State Library, Clippings File-Homosexuality.

The South Bend Tribune, September 4, 1975, accessed Newspapers.com.

“The Seahorse,” The South Bend Tribune, September 11, 1975, accessed Newspapers.com.

Kathy Harsh, “Arson Suspected in Tavern Fire,” South Bend Tribune, November 26, 1982, Indiana State Library, microfilm.

St. Joseph County Public Library, Michiana Memory, LGBTQ Collection of the Civil Rights Heritage Center.

“Frankel Reaches 2 Milestones,” The South Bend Tribune, April 28, 2005, accessed Newspapers.com.

Ben Wineland, “Then and Now: The Origins and Development of the Gay Community in South Bend,” Indiana University South Bend Undergraduate Research Journal of History, vol. VI (2016): 69-79, accessed scholarworks.iu.edu.

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