Back to News & Commentary

Pioneering Legal Advocate Pauli Murray Set the Blueprint for ACLU’s Racial Justice and Gender Equality Activism Today

A
From dismantling ‘Jane Crow’ laws to advancing the rights of protesters, Pauli Murray’s legacy has paved the way for litigation, advocacy, and organizing.
A
Areej Qadeer,
(she/her),
Pauli Murray Fellow,
ACLU
Ollie Henry,
they/them,
Pauli Murray Fellow,
ACLU
Share This Page
March 4, 2026

Since the founding of the United States, we've grappled with how to build a more perfect union. We have consistently fought for more, whether by advocating for racial and gender justice, paving new paths for protests or simply respecting our democratic ideals. Civil rights activist, legal theorist, author, Episcopal priest, and former Ƶboard member Reverend Dr. Pauli Murray also believed in creating a more perfect union.

Murray’s intersectional approach to tackling major threats to racial justice, gender justice, and the right to protest is the foundation for the ACLU’s approach to integrated advocacy. Their legal legacy laid a blueprint for civil rights litigation that is rooted in an intersectional approach to justice. Murray advocated to change Jane Crow laws, laws that disproportionately impact Black women in America.

From their upbringing in segregated North Carolina to Howard Law School, Murray consistently questioned the status quo of discrimination around them. They advocated at the intersection of issues, targeting the root of systemic injustice in America. Murray went on to serve on the ACLU’s Board as well as on an advisory committee guiding the organization’s women’s right work, where they shared the intersectional framework that guides our work today.

Murray’s Advocacy Sat at the Intersection of Racial and Gender Justice

At the heart of Pauli Murray’s legal and political advocacy work was a commitment to racial justice. Spending their young adult life under Plessy v. Ferguson’s doctrine of “separate but equal,” sanctioning racial segregation, Murray encountered the cruelty of that system firsthand: graduating at the top of their class, yet being denied entry to several higher education institutions. Murray later attended Howard University, where their commitment to challenging Jane Crow was solidified. While there, they wrote a powerful thesis, arguing for the overturn of Plessy v. Ferguson. Murray’s innovative legal theory was later used by Thurgood Marshall in Brown v. Board of Education, where separate but equal was finally overturned.

Today, as the Trump administration continues to legitimize white supremacist beliefs, the Ƶcarries Murray’s legacy in fighting against racial discrimination. When the Trump administration threatened to cut funding to schools engaging in diversity, equity, and inclusion efforts, we took them to court, building on our long track record of defending educators’ ability to teach students about their rights to learn freely and be included equally in their schools. In the arts, our lawsuit pushed the National Endowment for the Arts to remove a certification requirement that forced arts organizations to pledge they would not “promote gender ideology” in order to receive funding.

At the National Institutes of Health, we are challenging a reckless purge of research grants, in the name of ending diversity, equity, and inclusion work, on topics and populations disfavored by the Trump administration, undermining critical research on cancer, HIV, and Alzheimer’s — diseases that affect us all. And as new technology reshapes hiring, we are holding employers accountable, filing complaints with the Federal Trade Commission to prevent discriminatory practices by artificial intelligence. Murray recognized that our nation’s future as a thriving multiracial democracy depends on people having the freedom and opportunity to learn, work together, and understand what unites us, and the Ƶremains committed to protecting those freedoms for all.

Murray Reshaped Constitutional Interpretation of Gender Equality

The ACLU’s fight for gender justice today is rooted in Murray’s groundbreaking recognition that sex discrimination is unconstitutional under the Fourteenth Amendment, which guarantees equal protection for all. Shaped by their lived experiences, gender justice stood as a foundational pillar of Murray’s advocacy. While an Ƶboard member, Murray theorized that the Fourteenth Amendment could be used as a tool to challenge sex-based discrimination, long before sex-based discrimination was treated as a constitutional issue. They wove throughlines between gender hierarchy and segregation to argue that sex discrimination, like racial discrimination, should be challenged under the Equal Protection Clause.

Murray’s sex-based discrimination theory laid the groundwork for Ƶlandmark victories like Reed v. Reed, the first constitutional victory against sex discrimination. In Reed, ƵWomen’s Rights Project Co-Director (and later Supreme Court Justice) Ruth Bader Ginsburg relied on Murray’s work to push the Supreme Court to rule that gender-based discrimination could violate the Constitution. This argument later became the backbone of modern gender equality law.

The Ƶcontinues to build on Murray’s legacy of fighting for gender justice, challenging both discriminatory cultural norms and government action. While we argued U.S. v. Skrmetti in the Supreme Court, we fought to shift the mainstream narratives about trans youth through the Freedom to Be Campaign. We brought together a diverse coalition of storytellers, all committed to one core belief: the trans community deserves the freedom to be.

We are also continuing Murray’s commitment to taking an intersectional approach to advocacy in defending the rights of home care workers, who are mostly women of color. In comments opposing a proposed Department of Labor rule that would strip caregivers and home care workers of their rights, we explained the racist and sexist history of the exclusion of domestic workers from labor laws and the devastating impact that the rule would cause.

Murray’s Legacy in Protest Continues Today

Our advocacy for free speech rights builds on a hallmark of Murray’s activism: their stalwart support of the right to protest. While at Howard University, Murray mentored their NAACP Chapter’s Civil Rights Committee, providing key information about the student protestors’ rights. This Civil Rights Committee organized what would later be known as a predecessor to the Greensboro sit-in’s at D.C.’s Little Palace Cafe. Because of Murray’s own experience of being arrested for , they knew the importance of knowing your rights. Murray worked diligently alongside their legal advocacy to enshrine the right to protest for future generations.

Youth organizers and student activists followed Murray’s footsteps and continued to mobilize in the name of justice. Some have been criminalized, detained, and stripped of due process while exercising their right to free speech and to protest. The Ƶand our affiliates have joined the legal teams of students and scholars targeted by the government in retaliation for their speech in support of Palestinian rights, including Mahmoud Khalil, Dr. Badar Khan Suri, Dr. Rümeysa Öztürk, and Mohsen Mahdawi. Thanks to the ACLU’s work, the Trump administration’s detention of students and scholars in retaliation for their speech is hitting roadblocks in court. All four of the students and scholars represented by the Ƶand our partners have been released from ICE detention, reuniting with their families and continuing their studies and advocacy.

ƵChampions Murray’s Legacy

Murray’s legal scholarship paved the way for the Ƶto continue fighting discrimination based on gender and race in the courts. Guided by Murray’s work on the Equal Protection Clause, the Ƶcontinues to press courts to recognize that discrimination has no place in the United States. In response to Ƶlitigation, courts across the country have championed the principle Murray stood for decades earlier: that laws excluding transgender people, women, and racial minorities from public life violate the Constitution.

Like Murray, our work does not stop in the courtroom. We must fight injustice at every juncture by combining litigation, advocacy, and organizing, whether it’s at lunch counters, university halls, or in government. As the Ƶconfronts the urgent challenges posed by the Trump administration, our work intensifies to defeat, delay, and dilute attacks on democracy in courtrooms and communities across the country. Like the fight to end segregation in classrooms decades ago, innovative legal strategy and creative collaborations have been necessary to protect civil liberties. Our current work not only draws on Murray’s legal scholarship, but their work across racial justice, gender justice, and the right to protest.

As Murray said, “When my brothers try to draw a circle to exclude me, I shall draw a larger circle to include them. Where they speak out for the privileges of a puny group, I shall shout for the rights of all mankind.” In courts and in the community, we will continue to shout for the rights of all mankind, continuing to push our country towards true liberty and justice for all.

Learn More About the Ƶ on This Page