What it means to be a part of the conversation on race in America.

As we celebrate Black History Month, you will find in this edition of the Illinois Bar Journal a collection of topical mini-essays, one of which is this column (see page 20 for the rest of the collection). I want to thank former Board of Governor member Juan Thomas not only for his contribution, but for challenging us thusly: “Too often issues involving ‘race’ are relegated to people of color while our white colleagues do not engage in a meaningful dialog in ‘race conversations.’ There are many reasons for this, but to sincerely get to a place of mutual understanding in our society the ‘white community’ must be included in this continued conversation.”

Juan is, of course, absolutely correct. Conversations about race are difficult and uncomfortable. It is sometimes easier to avoid those difficult conversations based upon a desire not to offend, fearing we will do so unintentionally. “No one ever got in trouble for not saying something,” as the old saying goes. Well, we as lawyers are leaders, and it’s way past time for us to lead on the difficult issues as well as the easy ones. So, speaking as a white American who is also a lawyer, here’s my attempt to join the much-needed conversation.

Evolving beliefs

To have a point of reference from which to contemplate my thoughts, I think it is important for the reader to understand who I am and what I believe. First, I will confess that my thinking on the topic of race in America has evolved over the years and my learning process continues. I somewhat sheepishly admit that with education, time, and thought, I have abandoned beliefs I once held as indisputable.

For instance, I once believed that America had “turned the corner” on race through the advances brought about by the civil rights movement and the social/cultural changes of the 60s and 70s through which I lived. Having taken the time to read and educate myself about the experience of Black people and other people of color in America, then and now, it is abundantly clear to me that dispatching the most overt and odious elements of American racism is not only not “mission accomplished,” but in fact a process that is likely only in its very nascent stages. This realization has in fact been brought about not just by educating myself, but by recent events and through conversations with colleagues.

I also believe that by virtue of my “whiteness” I have enjoyed, in a very real and impactful way, an easier road than a Black individual or other person of color. I’ve never been followed about in a store, or stopped for “driving while black,” or any of the real and countless indignities endured by Black people living in America. I don’t know and can’t even imagine what it must be like to constantly be concerned about from where the next humiliation or worse is coming. When incidents like these are in the news, I despair that our society remains seemingly hopelessly mired in a mindless, almost knee-jerk pattern of racial inequity.

Facing the truth

I believe that racial injustice in society, our judicial system, law enforcement, our educational institutions, and nearly every aspect of our culture is widespread and ongoing. I know that we can and must do better in addressing the real problems Black Americans and people of color face in our culture and society. Problems such as equal access to quality education, income inequities, unequal and discriminatory lending practices, disparate arrest and detention rates, and so many other important issues exist. We have focused the efforts of the ISBA on some issues upon which we can have an impact. Most recently in that regard, the ISBA was the only bar association in the state that actively supported the SAFE-T Act and its elimination of cash bail.

As historian and retired U.S. Brigadier General Ty Seidule eloquently stated in his insightful analysis of our history of racism in his book “Robert E. Lee and Me,” “Racism is the virus in the American dirt, infecting everything and everyone. To combat racism, we must do more than acknowledge the long history of white supremacy. An understanding of history remains the foundation. The only way to prevent a racist future is to first understand our racist past.” Some might say, “I’m not responsible for what happened hundreds of years ago.” And General Seidule would agree with you. But that belief misses the real point, which is that we DO have a responsibility to acknowledge the past and understand the facts that created today’s reality so that we can become agents of change.

Committing to change

As white people, we need to understand, acknowledge, and accept the history of racism and injustice toward Black Americans—and indeed toward all people of color—and how this history and the practices of white supremacy and racism ultimately reach into our lives today. Systemic racism can take on a life of its own, beyond the intentions of individuals. Our job today is to acknowledge this and work toward actual and meaningful change. I submit that acknowledging change is needed and committing to make change happen are the responsible and right things to do.

Former President Bill Clinton once said that there is nothing wrong with America that can’t be fixed by what’s right with America. I believe the glass to be half full. I am and remain perplexed at how we go about changing the elements of deeply entrenched racism in the hearts, minds, and institutions of American society and culture. Yet, I’m committed to working to effect change in the small community in which I have a voice and where I can achieve some measure of change. I understand that we are not going to achieve the necessary significant, quantifiable, and sorely needed changes overnight, or perhaps even in this generation. But we must try. An Illinois lawyer named Abraham Lincoln gave a nice, short little speech 159 years ago promising a “new birth of freedom.” We Illinois lawyers must be a part of making that promise real for all Americans.