Civil Rights
Jewish Engagement in Civil Rights
The Civil Rights Movement brought forth massive changes ending legalized racial discrimination, disenfrachisement and racial segregations within the United States. From sit-ins, freedom rides, and marches, the United States transformed equality passing such acts as the Civil Rights Act of 1964, Voting Rights Act of 1965, and the Civil Rights Act of 1968.
The Jewish community supported the civil rights movement, being noted as one of the most actively involved non-Africian-American groups within the movement. Jews made roughly 50% of the white Northern and Western volunteers in the 1964 Mississippi Freedom Summer Project. Jewish leaders were arrested while heeding a call from Dr. Martin Luther King, Jr. in June of 1964 and Rabbi Abraham Joshua Heschel marched arm-in-arm with Dr. King in the Selma to Montogomery March in 1965.
Jewish civil rights activist Joseph L. Rauh Jr. marching with Martin Luther King in 1963.*
Rabbi Abraham Joshua Heschel (second from right) marching in Selma in 1965.*
From 1963-1969, President Lyndon Johnson would make civil rights one of his highest priorities and it was no different for Jews in Phoenix, Arizona. Justice Charles C. Bernstein and Justice Frederick C. Struckmeyer Jr. presided over segregation cases such as Heard vs. Davis and Phillips vs. Phoenix Union High Schools and Junior College District making monumental changes in our schools. And Justice Frederick C. Struckmeyer Jr. would be the voice to grant Raymond Perlman the license to open the first Jewish owned funeral home in Phoenix.
Arizona Supreme Court Justice Charles C. Berstein - provided by Arizona State Library.
Seal of the Arizona Supreme Court*
Chief Justice of the Arizona Supreme Court - In office
January 1962 – December 1963
January 1967 – December 1967
Justice of the Arizona Supreme Court - In office
January 5, 1959 – January 4, 1969
Assistant Attorney General for Arizona from 1937 to 1939
Delegate to the Democratic National Convention in 1940 and 1944
Secretary of the Democratic State Central Committee 1946-1948
Justice Charles C. Bernstein
Justice Charles was born to a Jewish family in St. Louis, Missouri. In 1929, he received his law degree at Southwestern University in Los Angeles and was admitted to the Arizona Bar the following year. He served as Assistant Attorney General for Arizona from 1937 to 1939. In 1949, Bernstein was appointed as a Superior Court Judge in Arizona, becoming “the first Jewish judge in Arizona history”, where he achieved a national reputation as a juvenile court judge.
On May 5, 1954, Bernstein ruled that segregation of African American students in Phoenix’s Wilson Elementary School District was a violation of the 14th Amendment in Heard vs. Davis. Bernstein’s decision was made at a time when the United States Supreme Court was preparing to make their own decision in case, Brown v. Board of Education. The Supreme Court requested a copy of Judge Bernstein’s opinion on the matter before they made their final decision. On May 17, 1954, the Supreme Court announced its decision on the case, that the doctrine of “separate, but equal” was unconstitutional. There is no evidence that Judge Bernstein’s opinion on the matter had any influence on the Supreme Court’s final decision.
Bernstein was later elected to the Arizona Supreme Court in 1958 and took office on January 5, 1959. He served as a Chief Justice from January 1962 to December 1963 and again from January 1967 to December 1967. He eventually retired from the Arizona Supreme Court on January 4, 1969.
On April 29, 1976, at the age of seventy-one years old, former Chief Justice Charles C. Bernstein passed away in Phoenix.
DOWNLOAD: Heard vs Davis Court Decision
Arizona Supreme Court Justice Fred Struckmeyer - provided by Arizona State Library.
Judge Struckmeyer & Family, circa 1922*
Arizona Supreme Court
(In Office)
January 1960 – December 1961
January 1966 – December 1966
January 1971 – December 1971
January 1980 – January 1, 1981
University of Arizona Law, class of 1933
State Bar of Arizona member since 1933
Justice Frederick C. Struckmeyer Jr.
Known to his family and friends as Fred, he was the eldest son of former Justice Frederick Struckmeyer, Sr. Fred grew up in around the Phoenix area before attending University of Arizona, where he graduated with his law degree. When World War II broke out, he served in the United States Army and returned home as a decorated soldier receiving the Bronze Star, Silver Star, and Purple Heart. After coming back to Arizona, he realized that it was time to put his law degree to use and served as a Superior Court Judge from 1950 to 1955.
On February 9, 1953, Struckmeyer presided over the case Phillips vs. Phoenix Union High Schools and Junior College District. The case was over Arizona’s only legally segregated high school. In the case, Struckmeyer ruled that the Arizona law permitting school boards to segregate pupils was unconstitutional, and the Phoenix Union district’s segregation of African American students was illegal. The decision to desegregate Phoenix Union High Schools came a year before the United States Supreme Court would decide on Brown v. Board of Education.
Struckmeyer’s decision in this pivotal case catapulted his career and he was elected to the Arizona Supreme Court on January 3, 1955. At the time he was 43 making him the youngest person ever elected or appointed to the Supreme Court. He would later decide in another pivotal case in 1973 on the Arizona State Board of Funeral Dir. Emb. V Perlman. On January 19, 1982, Justice Struckmeyer retired from the Arizona Supreme Court at the age of 70, which was mandatory.
On June 22, 1992 at the age of eighty years old, former Justice Fredrick C. Struckmeyer Jr. passed away.
Ray Perlman at Sinai Mortuary
Ray Perlman and his son, Johnathan continuing business at Sinai Mortuary
Perlman v. Arizona State Board of Funeral Directors and Embalmers
Between 2008 and 2012, the Arizona Board of Funeral Directors and Embalmers processed 165 applications for licenses, regulation or endorsements on average.
Nearly three decades before, Raymond Perlman could not be included in this group. Despite his extensive credentials and a willingness to start the first Jewish funeral home in Phoenix, Perlman was turned away by the governing body.
Sensing discrimination, Perlman sued the Arizona Board of Funeral Directors and Embalmers for the establishment of a license as a funeral director. Winning judgment in the Arizona Superior court, Perlman was forced to restate his case before the Arizona Supreme Court. The Arizona Board appealed judgment of the lower court and the two sides met again before the Arizona Supreme Court. In a judgment rendered on January 6, 1972, the court upheld Perlman’s application to the state board as a funeral director.
In a majority opinion, Justice Fred C. Struckmeyer, Jr. indicated three points raised by the board to deny Perlman had no basis in fact. First, the Board argued that Perlman had to be licensed in Arizona for one year. As well, Perlman had to be associated with a licensed funeral director under the laws of Arizona and, Perlman was compelled to pass an examination for licensing, which state law did not delineate. In his opinion, Struckmeyer pointed out the board added rules to fit an underlining policy of discrimination and added, “the legislature should spell out specifically rather than exclude them through doubtful interpretation.”
Granted a license as a funeral director, Perlman opened the Sinai Mortuary in 1972. Along with son Jonathon, Perlman continues to operate the oldest Jewish funeral home in Phoenix.
DOWNLOAD: The Supreme Court Decision on Arizona State Board of Funerals v Perlman.
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