The Leadership Conference on Civil and Human Rights

October 1985: Volume 1, Number 2

Civil Rights Restoration Act Stalled By Abortion Amendment

The Civil Rights Restoration Act of 1985 (H.R. 700/S. 431) which would restore full coverage to the four major civil rights statutes that require that federal funds not be used to subsidize discrimination is stalled in the House. The delay stems from amendments which would repeal long-standing regulations protecting students and employees against discrimination in education programs if they choose to have an abortion, and would extend exemption from Title IX coverage to religiously "affiliated" schools. Both amendments were added in close votes by the House Education and Labor Committee. The House Judiciary Committee reported out a pure restoration bill i.e., one that simply restores the coverage that existed prior to the Supreme Court's decision in Grove City v. Bell, ____U.S. ____, 104 S. Ct. 1211 (1984). The U.S. Catholic Conference, long a strong civil rights advocate, has made the amendments, particularly the anti-abortion amendment, a condition for support of the legislation. The Leadership C onference on Civil Rights continues to hold firm on its position that the bill should simply restore the civil rights statutes, and any amendments that change substantive law are unacceptable. In a September 17, 1985 letter to Bishop James W. Malone, President of the National Catholic Conference of Bishops, the Executive Committee of LCCR requested a meeting with Bishop Malone and members of his board. The letter stated:

Regrettably, several amendments supported by the Catholic Conference have placed the enactment of the Civil Rights Restoration Act ... in serious jeopardy ... If these substantive amendments pass, they will seriously undermine the principle of restoration. One cannot overstate the importance of the restoration principle. It is not only the sole purpose of the legislation, but it is also the glue that holds it together. If it is violated, the entire bill could unravel and die.

Bishop Malone has declined to meet with the executive committee of LCCR.

In the Senate, the Committee on Labor and Human Resources has held two days of hearings on the legislation as it relates to religious freedom and private education. As the CIVIL RIGHTS MONITOR went to press, the committee which is chaired by Orrin Hatch (R-UT.) had not scheduled additional hearings or a committee mark-up.

From The LCCR Task Forces...

The Education Task Force in correspondence with members of the House Education and Labor Committee expressed strong support for the Higher Education Reauthorization Act of 1985, and offered comments on various provisions of the Act. Particular concern was expressed for the special needs of part-time students who are more likely to be female and older than the traditional college-age population. The task force called for better production and dissemination of student aid and other educational information with special outreach to non-traditional students. Expansion of support to historically black institutions, as well as other institutions which serve large numbers of low income and minority students was advocated. Copies of the comments are available from the LC Education Fund for the cost of duplication and postage ($1.00).

The Employment Task Force through its co-chair Claudia Withers has been actively monitoring the Administration's efforts to gut the executive order on affirmative action. These activities are highlighted in our lead story including Ms. Withers testimony before the House Subcommittee on Employment Opportunities. Judith Lichtman and Claudia Withers both of the Women's Legal Defense Fund, along with representatives of approximately 15 other civil rights organizations met with Secretary of Labor William Brock to express deep concern over the proposed revision of Executive Order 11246. The meeting was described by many who attended as a substantive opportunity to present the legal, political, and social arguments for the current Executive Order.