The following is the opinion and analysis of the writer:
Steven Teske
The Civil Rights Act of 1964 was a moral corrective — a legislative mirror held up to a nation blinded by racial injustice. It did not merely punish discrimination; it urged us to prevent it. The law’s power lies not just in its penalties, but in its foresight.
But today, we are watching that mirror being flipped into a weapon. President Trump’s recent attack on the Digital Equity Act — calling it “racist” and “unconstitutional” — is more than a policy disagreement. It is part of a broader pattern of reframing any reference to race or ethnicity, no matter how benign or preventative, as discrimination itself. That inversion of intent distorts the very foundation upon which civil rights law stands.
The Digital Equity Act was crafted to bring high-speed internet access to the underserved — veterans, the elderly, disabled individuals, and those in rural America. It barely mentions race at all. Yet Trump declared it a “woke handout” and labeled it discriminatory — ironically, for merely acknowledging that racial minorities, too, may be among the underserved.
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This rhetorical sleight of hand — branding equity as racism — is not just disingenuous; it is dangerous. It undermines decades of jurisprudence, from Heart of Atlanta Motel v. United States, which affirmed the federal government’s right to prohibit racial discrimination in public accommodations, to countless lower court rulings emphasizing the importance of addressing inequality before harm occurs.
Equity, at its core, is like a lighthouse — not a life raft. It does not rescue those who have already drowned; it signals to keep ships from crashing on the same rocky shores again. To claim that the very act of shining that light is discriminatory is to plunge us into willful darkness.
Trump’s weaponization of the word “woke” serves as camouflage for a deeper agenda. It misleads Americans into believing that acknowledging race perpetuates division, when in fact, ignoring race perpetuates disparity. To be “woke,” in its truest sense, is to be alert to injustice. And yet, it has been repackaged as a slur to scare voters into thinking that civil rights protections are zero-sum — that lifting one group somehow lowers another.
This is not protection of rights; it is protection of power. The majority does not need safeguarding from the laws designed to heal centuries of damage inflicted upon minorities. As a white American, I say this not out of guilt, but out of recognition that truth should not be uncomfortable — it should be unavoidable. The generational trauma borne by African Americans, Native peoples, and others cannot be washed away by a single statute or a century of silence.
When we forcibly removed Native children from their families and sent them to boarding schools, we did not just strip away language and culture — we stripped away identity. When we bound generations of Black Americans in chains, followed by segregation, redlining, and exclusion from educational and economic opportunity, we were not merely failing to live up to our ideals — we were systematically building barriers. Civil rights laws were designed not just to tear those barriers down, but to make sure we never build them again.
Now, by treating the very mention of race as a constitutional sin, we are laying the groundwork to repeat the past under the pretense of neutrality. But equality is not colorblind; it is color-aware. To treat everyone the same without acknowledging historic and systemic inequality is like giving everyone the same-sized shoes and pretending they all fit.
The Trump administration’s stance turns the Civil Rights Act on its head, hollowing it out while keeping its shell intact. If this line of reasoning takes root — where any targeted remedy is deemed reverse discrimination — we risk turning the law into a monument rather than a mechanism. The act becomes something to admire, not something to use.
This is not just a legal debate — it’s a moral crossroads. Do we honor the spirit of our civil rights laws, or do we let them be recast as tools of exclusion?
The answer must be clear: equity is not an enemy of equality; it is its guardian. And our laws, like our conscience, must not be silenced by fearmongering masquerading as fairness.
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Steven Teske is a retired judge and currently an attorney for the Pascua Yaqui Tribe. He has testified before Congress on four occasions and many state legislatures on law and policy reform.

