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Resolution
Commemoration of Hernandez v.
State of Texas
WHEREAS, Hernandez v. State of
Texas was the first and only Mexican-American
civil rights case heard and decided by the
United State Supreme Court during the post World
War II period, and in the unanimous opinion of
the court delivered by Chief Justice earl Warren
in favor of Hernandez (preceding Brown v. Board
of Education Topeka, Kansas by two weeks),
ordered a reversal of conviction. The Supreme
Court accepted the concept of distinction by
class, that is, between “white” and Hispanic,
and found that when laws produce unreasonable
and different treatment on such a basis, the
constitutional guarantee of equal protection is
violated. The court held that Hernandez had “the
right to be indicted and tried by juries from
which all members of his class is not
systematically excluded.” This strategy of
Mexican-American civil rights activists from
1930 to people whose ancestry is Mexican was
illegal in the absence of state law. Hernandez
was replaced in 19 by Cisneros v. Corpus Christi
ISD, (yet another case in which DeAnda played a
leading role) that recognized Hispanics as an
identifiable minority group and utilized the
Brown decision of 1954 to prohibit segregation.
WHEREAS, he
actively continues to pursue justice for those
to whom it has been denied through advice,
counsel and the prosecution of civil rights
lawsuits with his colleagues at Solar &
Associates, he represents a grand example of a
life well spent, and is a living example to our
young people that through loving parents,
education, hard work and boundless tenacity, all
is possible,
NOW THEREFORE BE IT
RESOLVED:
That at the LULAC District
VIII Convention held in Houston, Texas on the 17th
day of April of 2004, LULAC District VIII of
Texas by a majority vote of those present,
RESOLVED THAT: On the Anniversary of the
landmark decision known as Hernandez v. State of
Texas, LULACL District VIII bestows upon Judge
James DeAnda, the LULAC District VIII “Aztec
Civil Rights Award” for his intellect,
perseverance, and burning desire to achieve
justice where there was none.
BE IT FURTHER RESOLVED
THAT as the Presentation takes place at
a LULAC District VIII Gala, celebrating 75th
Anniversary, at the Toyota Center, the Aztec
Civil Rights Award would highlight a show of
stars.
BE IT FUTHER RESOLVED
THAT as a precursor, LULAC District VIII
invite the greater Houston American GI Forum
Lucian Adams Chapter to CO-sponsor a symposium
to commentate the fifth Anniversary of the
landmark decision known as Hernandez v. State of
Texas.
Sylvia Gonzalez
Date District VII Director
Adopted this 10th day of July
2004.
Hector M. Flores
LULAC National President |
