Tonya Clayhouse, J.D.
Freedom is Not Only for the Privileged Few
Freedom is Not Only for the Privileged Few
Tanya Clay House, J.D.
CEO, ClayHouse Consulting Inc.
Voting is the means of voicing our opinions, concerns and desires for how we envision the maintenance of our American Democracy. Our democratic system, as outlined through the Constitution, provides for three branches of government intended to provide checks and balances. This American Democracy is by no means perfect. Since its founding, our nation has fought wars, engaged in civil disobedience and other means to rail against the historical discriminatory underpinnings of how it was originally established. However, through such milestones and movements in our history including the Civil War, Reconstruction, the Women’s Rights Movement, the Civil Rights Movement of the 1950’s and ‘60s, and despite setbacks, we have seen progress in the attainment of the ideals of our American Democracy. That progress has often been with the Supreme Court of the United States (SCOTUS) being the protectorate of the ideals of our U.S. Constitution and ultimately our democracy. Progress is just that – a movement towards better opportunities for all – not just the privileged few.
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As a former track athlete and now a coach, the idea that the struggle for the promise of an equitable and inclusive democracy is, “a relay race” resonates with me. This race requires each generation to take the baton and utilize our talents to move forward with the goal of achieving a better future for each successive generation. If the vote is the baton, as part of this race, Americans must get it around the track and use their vote to impact all branches, including who will determine the makeup of the SCOTUS. Sadly, not accurately moving the baton across the track can not only cost a team dearly (i.e. the U.S. Men’s 4x100 Olympic team), but in politics, this mistake can cost Americans in the battle to protect our civil rights and freedoms enshrined in the U.S. Constitution. Even though SCOTUS receives thousands of petitions per year, it typically only hears approximately 10 percent of these cases. While the cases have been limited, they have critically shaped our course of history and exercise of Americans’ freedoms and liberties. To name a few, the unfettered right to vote, to have freedom to control your own reproductive choices, to learn and think critically, to live one’s own truth without fear of anti-LGBTQ bigotry, to have equitable economic opportunity, and more, is at stake of being eradicated for generations by the SCOTUS and subsequently state legislatures if American voters sit on the sidelines.
The Freedom to Vote
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August 6, 2024, marked 59 years since the signing of the Voting Rights Act (VRA), yet this monumental Act no longer has the impact as intended since the 2013 Shelby County v. Holder ruling and more recently, cases such as Brnovich v. DNC that undermined both Section 5 and Section 2 respectively. Since Shelby County, the turnout gap between White voters and voters of color throughout the country has unfortunately increased (Crayton, 2024). Because of the lack of a fully functional Voting Rights Act, state legislatures have been acting with impunity to decrease the political power of Black and Brown communities out of fear of losing their own power. We have seen this in Alabama, where despite a win at the SCOTUS in the case of Allen v. Milligan, which stopped the use of racially discriminatory congressional and state legislative maps, Alabama is still attempting to pass state laws that limit the political power of the Black community. These voter suppression tactics are critical tools of those who fear change and recognize that it is easier to undermine a democracy than to live by its ideals of fair representation for all (Arwine, n.d.).
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The Freedom to Choose
Fifty-one years after the SCOTUS decided Roe v. Wade, and over two years after a now politicized SCOTUS decided Dobbs v. Jackson, women and men now are prohibited in many states from making their own healthcare decisions that impact the overall well-being of their family, including their financial viability. It is estimated by the Guttmacher Institute that “3.7 million women of reproductive age in the United States live in a county without access to abortion and with no or low access to maternity care” (Guttmacher Institute, n.d.) and at least twenty-one states have now eliminated or restricted abortion and other reproductive care (Reproductive Freedom for All, 2024). This lack of freedom detrimental impacts women of color, with estimates that “one in four Native American babies and one in six Black babies were born in areas of limited or no access to maternity care services” (Titus & Rummel, 2024). Moreover, this devaluing of women’s reproductive health impacts the entire family structure. Despite this being the 60th Anniversary of the Civil Rights Act of 1964, Black women are still only paid 69 cents for every dollar made by white, non-Hispanic men. When we connect these dots, the underlying story is that reproductive freedom, including maternal health, the right to birth control and an abortion is not just about a woman's womb. This freedom is about the ability to control one’s own body, one’s family, one’s life journey and ultimately one’s destiny. While women have outnumbered men in the United States since 1950 (U.S. Census Bureau, 2023), we are still less than one-third of the leaders in state legislatures across the country (Center for American Women and Politics, n.d.), yet it is these same legislatures that want to determine how many people in the country control their bodies and their family structure. The absurdity of this reality should be obvious to anyone who reads this essay.
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The Freedom to Challenge Hypocrisy
The list of monumental cases that the SCOTUS has decided leading to the elimination of freedoms and liberties by Americans in this country is not only tragic, but an attack on the promise of our democratic principles. While past SCOTUS cases have undercut freedoms, there are even more pending cases that will be heard during the 2024-25 term that are challenging the freedoms of the transgender community and will reverse the progress made in limiting discrimination against marginalized communities (Pappy, 2024).
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Today, Americans must grapple with the reality that this generation of voters have less rights than their parents and grandparents. The destruction of our democracy through the attacks on our freedom to learn is a further tool being utilized to mask efforts to turn back the clock, allow blatant discrimination, and undermine the ideals of an inclusive and multiracial democracy. So, if the promise of America has been that all people, regardless of race, religion, ethnicity, socioeconomic status, gender, disability or other immutable characteristics should have the equal opportunity to make a life for themself and their family and achieve success in whatever way that matters most to them, we must come together to protect one another. One person’s gain does not have to be another person’s loss, yet this is what a vocal minority is perpetuating. We must call out the hypocrisy of those that claim the moral high ground by opposing a woman’s right to choose her own reproductive health. We must stand against those who want to rewrite history so future generations do not understand the battles fought to obtain civil rights, and then want to block the ability of voters to participate in elections to prevent the perpetuation of these cruel actions in our democratic system.
The Freedom to Fight for a Better Future Together
The vote matters because it determines the trajectory of our democracy and impacts all aspects of our lives. While the Constitution provides the basis for the greater ideal of “freedom and liberty for all,” SCOTUS is not immune to human biases that undermine this ideal. Hence, if we truly believe in this ideal, then we must not remain in our silos and open our eyes to the connectivity of all the various efforts to limit freedoms, including undermining the SCOTUS. As a Black woman, I have no choice but to exist in this intersection. It is my daily reality. It is my continual hope though, that we are all in this together. America is better than what we have experienced in the past decade, but only if we choose a path to make it better. So, let us do that. Patriotism is not the ignorant acceptance of bigotry because of the fear of diversity and supposed loss of power; it is the ability to see beyond our individual needs, and understand that as we lift others, we lift ourselves. Freedom is for all, not just the privileged few.
Case Law
Allen v. Milligan, 143 S. Ct. 1487, 599 U.S. 1, 216 L. Ed. 2d 60 (2023).
Brnovich v. DEMOCRATIC NAT. COMMITTEE, 141 S. Ct. 2321, 594 U.S., 210 L. Ed. 2d 753 (2021).
Dobbs v. Jackson Women's Health Organization, 597 U.S. 215, 142 S. Ct. 2228, 213 L. Ed. 2d 545 (2022).
Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).
Shelby County, Ala. v. Holder, 570 U.S. 529, 133 S. Ct. 2612, 186 L. Ed. 2d 651 (2013).
References
Arwine, B. (n.d.). 72 Forms of Voter Suppression. Transformative Justice Coalition. https://tjcoalition.org/1341-2/
Center for American Women and Politics. (n.d.). Women in State Legislatures 2024. Center for American Women and Politics. https://cawp.rutgers.edu/facts/levels-office/state-legislature/women-state-legislatures-2024
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Crayton, K. (2024, August 27). The Racial Turnout Gap 11 Years After SCOTUS Diminished the Voting Rights Act in Shelby County. Brennan Center for Justice. https://www.brennancenter.org/our-work/research-reports/racial-turnout-gap-11-years-after-scotus-diminished-voting-rights-act
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Guttmacher Institute. (n.d.). Interactive map: US abortion policies and access after Roe. Interactive Map: US Abortion Policies and Access After Roe | Guttmacher Institute. https://states.guttmacher.org/policies/
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Pappy, A. (2024, May 28). Active Court Cases That Will Influence the State of LGBTQ+ Rights. Human Rights Campaign. https://www.hrc.org/press-releases/active-court-cases-that-will-influence-the-state-of-lgbtq-rights
Reproductive Freedom for All. (2024, June 7). State of Abortion on 51st Anniversary of Roe v. Wade. Reproductive Freedom for All. https://reproductivefreedomforall.org/resources/state-of-abortion-on-51st-anniversary-of-roe-v-wade/
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Titus, K., & Rummel, L. (2024, May 13). Attacks On Abortion Are Attacks On Maternity Care. National Women’s Law Center. https://nwlc.org/attacks-on-abortion-are-attacks-on-maternity-care/
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U.S. Census Bureau. (2023, May 25). Census Bureau Releases New 2020 Census Data on Age, Sex, Race, Hispanic Origin, Households and Housing. Retrieved from https://www.census.gov/newsroom/press-releases/2023/2020-census-demographic-profile-and-dhc.html.