Race and Relevance: Arthur Garfield Hays and the Integration of the American Bar Association, 1938-1943

Abstract

This article explores the role of Arthur Garfield Hays and mostly Jewish lawyers in dismantling the American Bar Association’s prohibition of African Americans becoming members. By publicly resigning from the organization and encouraging others to do so over the ABA’s treatment of African-American applicant Francis Rivers, these lawyers made the color bar a public issue in the press. While earlier efforts in the late 1930s had failed, World War II contributed to the success of the activists’ campaign in the early 1940s, as the struggle against Nazi racism had begun to undercut American racial practices. In August 1943 the ABA changed its procedures governing admission that had previously functioned to exclude African-Americans. Other legal professional organizations soon followed its example. Thus the legal profession refashioned itself into part of the liberal order emerging in the wake of World War II.