Speech #940064283

In 1970. when the Congress enacted the temporary nationwide test suspension. it adopted a proposal which had been advanced strongly in the administrations proposed legislation. In testimony presented by the Department of Justice before a Judiciary subcommittee. the Attorney General testified that. under the Supreme Courts decision in Gaston County v. United States. 395 U.S. 285 (1969). any literacy test has a discriminatory effect if the State or county has offered its minority citizens inferior educational opportunities. It may be assumed that many minority citizens who have received inferior education in certain areas of the country migrate to Northern and Western States where literacy tests might be imposed. For this reason. Congress felt that a nationwide test suspension would be appropriate to protect throughout the country the voting rights of minorities who had been unconstitutionally subjected to educational disparities. According to 1970 census statistics. only 5.5 percent of the total population 25 years old or older had less than 5 years of school. In contrast. the 1970 data indicate that 14.6 percent of the blacks and 18.9 percent of persons of Spanish heritage had less than 5 years of school. Clearly. the imposition of any literacy test by any State or county where such minority citizens reside would have a disproportionate and discriminatory impact upon these citizens. In reaching the conclusion that such tests ought to be permanently banned throughout the country. not only was unequal educational opportunities which minority citizens have experienced taken into account. but also the long and tragic history of the discriminatory use of such tests was considered as well. There is no legitimate reason for any jurisdiction to retain such literary requirements as a prerequisite to voting.