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Writer's pictureMary Okeiyi Ekpu, Esq.

Cinco de Mayo and the Law

By Mary Okeiyi Ekpu, Esq., RN, BSN


Cinco de Mayo, celebrated annually on May 5th, commemorates the Mexican victory over the French Empire at the Battle of Puebla on May 5, 1862. While often misunderstood as Mexico's Independence Day (which is actually celebrated on September 16th), Cinco de Mayo holds significant cultural and historical importance, especially for Mexican-Americans. Its impact on Mexican-American legal rights is intertwined with the broader struggles for civil rights and recognition within the United States.


Cinco de Mayo

French Intervention in Mexico.


The mid-19th century was a turbulent period for Mexico. Following its independence from Spain in 1821, Mexico endured political instability, leading to the presidency of Benito Juárez in 1858. However, Mexico's economic woes and the suspension of debt payments led to tensions with European powers, particularly France, Spain, and Britain.


Battle of Puebla.


The Battle of Puebla on May 5, 1862, saw a smaller, ill-equipped Mexican army defeat the larger and better-equipped French forces under Napoleon III. Although the victory didn't halt the French occupation entirely, it boosted Mexican morale and became a symbol of resistance against foreign intervention.


Symbol of Resilience.


Cinco de Mayo's significance lies not only in the military victory but also in the symbol it became for Mexican resilience against colonial powers. It represented the spirit of resistance and national pride, resonating not only in Mexico but also among Mexican communities abroad, including in the United States.


Mexican-American Identity.


Cinco de Mayo holds a special place in Mexican-American culture. It serves as a reminder of heritage and a celebration of Mexican identity, fostering a sense of unity and pride among Mexican-Americans. In the United States, Cinco de Mayo has evolved into a celebration of Mexican culture, featuring parades, traditional music, dancing, and culinary delights. It provides a platform for Mexican-Americans to share their culture with the broader community, contributing to cross-cultural understanding and appreciation.


Over time, Cinco de Mayo has also become commercialized, with businesses capitalizing on the holiday through promotions and marketing campaigns. While this has led to increased awareness and visibility of Mexican culture, it has also sparked debates about cultural appropriation and the commodification of traditions.


Mexican-American Civil Rights Movement.

The celebration of Cinco de Mayo in the United States coincided with the rise of the Mexican-American civil rights movement in the 20th century. Mexican-Americans advocated for equal rights, access to education, and an end to discrimination. Cinco de Mayo served as a rallying point, galvanizing communities and fostering solidarity in the face of adversity.


Legal Battles for Equality.


Cinco de Mayo played a role in legal battles for equality and recognition of Mexican-American rights within the United States. Organizations such as the League of United Latin American Citizens (LULAC) and the Mexican American Legal Defense and Educational Fund (MALDEF) fought for desegregation, voting rights, and access to justice, laying the groundwork for landmark legal victories. In addition, Cinco de Mayo also sparked efforts to promote Hispanic heritage and education. Schools and universities began incorporating Mexican history and culture into their curricula, providing students with a more comprehensive understanding of the contributions of Mexican-Americans to society.


The celebration of Cinco de Mayo coincided with key legislative victories for civil rights in the United States. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 aimed to end racial discrimination and protect the rights of minority groups, including Mexican-Americans.


Cinco de Mayo's cultural significance contributed to landmark court cases that addressed issues of discrimination and inequality. Cases such as Hernandez v. Texas (1954) and Plyler v. Doe (1982) challenged discriminatory practices and affirmed the rights of Mexican-Americans under the Constitution.


Ultimately, Cinco de Mayo is more than just a day of celebration; it is a symbol of resilience, cultural pride, and an ongoing struggle for equality. Its historical significance and cultural impact have shaped the collective identity of Mexican-Americans and contributed to the advancement of their legal rights within the United States. As we continue to commemorate Cinco de Mayo, it is essential to reflect on its broader significance and the enduring legacy of those who fought for freedom, justice, and equality.

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