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Authors

Taylor Phillips

Abstract

In death, are we truly equal? A Cemetery in Pinckneyville, Illinois, bears silent witness to a relentless history that preserves a racial divide thought to be buried away. Hidden in the segregated section lies Isaac Burns, an African American Civil War veteran, separated from those buried with honor. His grave lies alongside those of other African Americans buried in an area marked not by the unity of service but by the nation's refusal to see them as equals. Burn's grave is a reminder that the legacy of his sacrifice, once given in the name of unity and freedom, is overshadowed by the dark history of segregation. This Article identifies an examines examples of continued segregation, present in cemeteries in Illinois and across the country, such as with Burns’ burial place. This Article also critiques the existing legislation addressing cemetery segregation and proposes new legislation for Illinois to address cemetery segregation most effectively. The goal of this proposed legislation is to explicitly prohibit and remedy cemetery segregation to ensure those like Burns do not continue to face the consequences of a country often willfully blind to its history of segregation.

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