Aim: What are civil rights?
Civil Rights
“Equal Protection”
14th Amendment (1868)
• Forbids any state to “deny to any person
within its jurisdiction the equal protection
of the laws.”
• Sex, race, ethnicity, age, disability, sexual
preference
The Constitution and Equality
3/5 Compromise
Slave Trade Clause
13th Amendment – Ended slavery
14th Amendment – Equal protection clause
15th Amendment – granted African-American
males voting rights
24th Amendment – no poll taxes in elections
14th Amendment (1868)
• Forbids any state to “deny to any person
within its jurisdiction the equal protection
of the laws.”
• Sex, race, ethnicity, age, disability, sexual
preference
• Aim: What is the responsibility of the
government to correct past injustices?
Civil Rights History
African Americans
• Jim Crow Laws – segregated community
• de jure (by law) and de facto (by reality)
• Plessy v. Ferguson – separate but equal
• NAACP – 20th century push for rights
• Brown v. Board of Education – “separate but
equal” unconstitutional
• Civil Rights Act of 1964, 24th Amendment (poll
tax), Voting Rights Act 1965
The Supreme Court and Equality
Dred Scott v. Sandfod (1857) – slaves are property
Plessy v. Ferguson (1896) – separate but equal
Sweatt v. Painter (1950) – equal protection clause
required that a black man be admitted to University of
Texas Law School
Brown v. Board of Ed. (1954) – overturned Plessy.
“Separate but equal is inherently unequal”
Heart of Atlanta Motel Inc. v. United States (1964) –
Congress could use its commerce clause power to
prevent discrimination in public places
Green v. County School Board of New Kent County
(1968) – banned a freedom-of-choice plan for integrating
schools
Swann v. Charlotte-Mecklenburg Board of Ed. (1971) –
approved busing and redrawing district lines as a way of
integrating schools
• The 14th Amendment: used by the
Supreme Court to protect rights.
• Strict Scrutiny: Test used by the
Supreme Court to see if a law denies
equal protection because it does not serve
a compelling state interest and is not
narrowly tailored to achieve that goal.
Congress and Equality
Civil Rights Act (1957) – Created civil rights
division within justice dept.
Civil Rights Act (1964) – prohibited discrimination
in employment and places of public
accommodation, outlawed bias in federally
funded programs, and created the Equal
Employment Opportunity Commission (EEOC)
Voting Rights Act (1965) – Outlawed poll taxes
Civil Rights Act (1991) – eased restrictions for job
applicants and employees to sue employers for
discriminatory practices
The President and Equality
FDR – Executive Order 8802 (1941): banned
racial discrimination in the defense industry and
government offices
Truman – Executive Order 9981 (1948):
desegregation of the armed forces
Eisenhower – sent troops to Little Rock, AK to
enforce Supreme Court ruling mandating
desegregation
JFK – assigned federal marshals to protect
freedom riders; sent federal troops to University
of Mississippi to protect James Meredith, the first
African-American student there
Affirmative Action
• Affirmative Action: Women and minority
groups should receive special advantages
when they apply for jobs, promotions, and
admission to colleges.
• Quotas: A certain number or percentage
of women or minorities that must be met
by employers or colleges under an
affirmative action program.
• Regents of the University of California v. Bakke (1978):
Quotas were unconstitutional, but race could be taken into
account in the interests of promoting diversity.
• United Steelworkers v. Weber (1979): upheld the use of
race as in an employment agreement
• Richmond v. Croson (1989): Awarding a percentage of
city contracts to minorities was unconstitutional.
• Adarand Constructors v. Pena, (1995)
• The Supreme Court’s decision in this case holds that
whenever government provides for any preferential
treatment based on race, that action is almost certainly
unconstitutional, even if it is intended to benefit minority
groups suffering from past injustices.
• Grutter v. Bollinger and Gratz v. Bollinger (2003):
Numerical benefits cannot be used to admit minorities into
college, but race can be a “plus factor” in making those
decisions.
• Fischer v. University of Texas (2012) Race can be a
factor, but only under strict scrutiny
Affirmative Action
Affirmative Action is a policy that requires most employers to take
positive steps to remedy the effects of past discriminations.
• This policy applies to all the agencies of the Federal Government, to
all the States and their local governments, and to all those private
employers who sell goods or services to any agency of the Federal
Government.
• Beginning in 1965, affirmative action programs established
guidelines and timetables for overcoming past discriminations.
• Many employers hire certain workers due to their minority
backgrounds or gender. Such rules requiring specific numbers of
jobs or promotions for members of certain groups are called quotas.
Chapter 21, Section 3
Affirmative Action Cases and Measures
Regents of the University of California v. Bakke, 1978
•
Allan Bakke sued the University of California for reverse discrimination
and won. This case shows that the Constitution does not allow race to be
used as the only factor in the making of affirmative action decisions.
Adarand Constructors v. Pena, 1995
• The Supreme Court’s decision in this case holds that whenever
government provides for any preferential treatment based on race, that
action is almost certainly unconstitutional, even if it is intended to benefit
minority groups suffering from past injustices.
Chapter 21, Section 3
Affirmative Action
For:
• Diversity is desirable and
won't always occur if left to
chance.
• Students starting at a
disadvantage need a boost.
• Affirmative action draws
people to areas of study and
work they may never consider
otherwise.
• Some stereotypes may never
be broken without affirmative
action.
• Affirmative action is needed to
compensate minorities for
centuries of slavery or
oppression.
Against:
• Affirmative action leads to
reverse discrimination.
• Affirmative action lowers
standards of accountability
needed to push students or
employees to perform better.
• Students admitted on this
basis are often ill-equipped to
handle the schools to which
they've been admitted.
• It would help lead a truly colorblind society.
• It is condescending to
minorities to say they need
affirmative action to succeed.
• It demeans true minority
achievement; i.e. success is
labeled as result of affirmative
action rather than hard work
and ability.
The Women’s Rights Movement
• Seneca Falls Convention (1848) - Susan B. Anthony, Elizabeth
Cady Stanton, Lucretia Mott
– Declaration of Sentiments
• Suffragettes
– 19th Amendment
• Mueller v. Oregon (1908) upheld law limiting women to a
10-hour work day, while men were able to work longer
– - “The two sexes differ in structure of body, in the functions
performed by each, in the amount of physical strength…This
difference justifies a difference in legislation”
• 1920’s - League of Women Voters, Carrie Chapman Catt
• 1950’s – 1970’s - Feminism
–
–
–
–
Betty Friedan - The Feminine Mystique, NOW
Bella Abzug
Gloria Steinem
National Women’s Political Caucus
Legislation and Cases
•
•
•
•
•
Equal Pay Act, 1963 – banned discrimination in pay based on race,
religion, gender, religion, or national origin
Civil Rights Act, 1964 – banned discrimination on the basis of gender
Equal Employment Opportunity Act, 1972 – banned discrimination based
on gender in hiring, firing, promotions, pay, and working conditions
Equal Credit Opportunity Act, 1974 – prohibited discrimination against
women seeking credit from banks, finance agencies, or the government,
and made it illegal to ask about gender or marital status on a credit
application
Higher Education Act, 1972 –
• Title VII - barred discrimination in higher ed
• a. Started going to law school, medical school, and
military academies
• b. Increased awareness for child-care, shelters, and
health care concerns
•
Title IX: schools must give boys and girls equal opportunity to participate in
sports programs
Intermediate Standard for Discrimination
(Craig v. Boren, 1976)
• Government can pass laws differentiating
between the sexes if the classification
bears a substantial relationship to an
important government goal
• Reed v. Reed (1971) – struck down an
Idaho law giving fathers preferential
treatment in administering the estates of
deceased children. Decision based on 14th
Amendment’s equal protection clause.
• Women’s Equity in Employment Act
(1991) –required employers to justify
gender discrimination in hiring and job
performance
Abortion
• Griswold v. Connecticut (1965) – declared a law that
forbid married couples from using birth control
unconstitutional. The Constitution created “zones of
privacy.” Decision based on 9th Amendment
(unenumerated rights) and paved the way for Roe v.
Wade.
• Roe v. Wade (1973) – laws outlawing abortion were
unconstitutional based on a woman’s right to privacy
• Webster v. Reproductive Health Services (1989) –
States may ban abortions from public hospitals and
doctors may test to see if fetuses are viable
• Planned Parenthood v. Casey (1992) – Reaffirmed
Roe v. Wade, but upheld certain limits on its use.
Upheld a law requiring a 24 hour waiting period, and
parental consent for minors seeking an abortion.
• Gonzalez v. Carhart (2007) – Federal law may ban
certain forms of partial birth abortion
The Equal Rights Amendment
• Section 1. Equality of rights under the law shall not be denied
or abridged by the United States or by any state on account of
sex.
• Section 2. The Congress shall have the power to enforce, by
appropriate legislation, the provisions of this article.
• Section 3. This amendment shall take effect two years after the
date of ratification
• This Amendment was proposed in every Congress since
1923, and finally passed in 1972.
• It failed to get the required number of states. It is still
being proposed today, but has lost much of its
momentum and attention.
Women and the Military
• 1. Congress opened all service academies to
women in 1975
• 2. Women are exempt from the draft Rostker v.
Godlberg (1981)
• 3. Women can serve in all combat positions
except frontline ground-troop positions (1993)
• US v. Virginia (1996)
• Opened last publicly funded all male military
academy to women
Women and the Workplace
• 1. Government funded day care (1984)
• 2. Family Medical Leave Act (1993)
• - Covered employers must grant an eligible
employee up to a total of 12 work weeks of
unpaid leave during any 12-month period for one
or more of the following reasons: for the birth
and care of the newborn child of the employee;
• H. Child Support Enforcement Act (1984)
• - withhold portions of paychecks for noncustodial parents who do not pay court-ordered
child support
Sexual Harassment
• It is illegal for someone to request sexual
favors as a condition of employment
• It is illegal for an employee to experience a
work environment that has been made
hostile or intimidating by a steady pattern
of offensive sexual teasing, jokes, or
obscenity
• There are almost no federal laws
governing this issue, thus we are left with
often inconsistent and vague court and
bureaucratic rules to guide us
Comparable Worth
• The idea that men and women should be
paid the same for jobs that are traditionally
gender specific and comparable in terms
of skill and education level, but are not the
same. For example, similar pay for a
construction worker and a secretary.
• The Supreme Court has not ruled on this
issue.
Gay Rights - Definitions
• Civil Unions and Domestic Partnerships: A union of a couple similar
to marriage. People in civil unions and domestic partnerships have most
of the rights enjoyed by married couples, but they are not legally
recognized as married.
• Same Sex Marriage: A legal marriage between a same sex couple that
would have all of the legal benefits and recognition of a heterosexual
marriage.
• Defense of Marriage Act: A federal law signed by President Clinton that
defines marriage as a union between a man and a woman. Under this
law, same-sex marriages in one state would not have to be recognized
by other states. Section 3 of the act was declared unconstitutional. This
section prevented same sex couples from receiving federal marriage
benefits
• Don’t Ask, Don’t Tell Policy: A policy initiated by
President Clinton that would prohibit those serving in the
military to openly discuss homosexual orientation, and
would also prevent superiors from asking or investigating
a service member's sexual orientation. This policy was a
compromise to Clinton’s promise of allowing gays to
openly serve in the military. The policy was ended by
President Obama. Gay soldiers are now allowed to serve
openly in the military.
• Federal Marriage Amendment: A proposed Amendment
to the Constitution that would define marriage as a union
only between a man and a woman throughout the United
States. This Amendment has not been seriously
considered, but was part of the political discussion in the
2004 Presidential Election.
Same Sex Marriage
Groups For
Groups Against
Presbyterian Church USA, Seventh-Day
ACLU, Reform Judaism, United Church of Adventist Church, Southern Baptist
Christ, American Psychiatric Association, Convention, Christian Coalition,
Communist Party USA, Socialist Party
Evangelical Methodist Church, Roman
USA, Libertarian Party, Green Party, many Catholic Church, Union of Orthodox
Democrats
Jewish Congregations, many Republicans
Landmark Cases
• Bowers v. Hardwick (1986) – law
forbidding homosexuality was
constitutional
• Lawrence v. Texas (2003): State law may
not ban sexual relations between samesex partners.
• Boy Scouts of America v. Dale (2000): A
private organization may ban gays from its
membership.
Right of People With Disabilities
• The Rehabilitation Act (1973): prohibited
discrimination against people with disabilities in
federal programs
• The Education for All Handicapped Children
Act (1975): Guarantees that children with
disabilities receive an “appropriate” education
• Americans With Disabilities Act (1990):
prohibits discrimination by employers or owners
of public accommodations from discriminating
against people with disabilities (places must be
wheelchair accessible.
Rights of The Elderly
• Age Discrimination in Employment Act
(1967): prohibits employers from
discriminating against people over the age
of 40 on the basis of age. Raised the
general compulsory retirement age to 70
• AARP – interest group – large influence
Native Americans
• 2 million people live on “reservations”
• Push for more sovereignty on their land
– Ex. – gambling operation rights
• Art. 1, Sec. 8 – commerce clause gives
Congress right to regulate Indian tribes
Latino/Latina Rights
• 37 million in US (about 10 million in 1980)
• 15 million of Mexican descent: rights
issues include Bilingual education
programs, immigration
• 2.7 million of Puerto Rican descent: PR is
a commonwealth of US, citizens can move
freely back and forth, not represented in
Congress, don’t have to pay federal tax
Asian American
• 8 million in US, 40% of immigrants
• Chinese Exclusion Act 1882 – lasted
through WWII
• WWII – Japanese racism – internment
• Hirabayashi v. US (1943)
• Korematsu v. US (1944)
• 1980s reparations for internment
• “Model Minority” Stereotype
• Often receive highest grades and test
scores and acceptance to elite universities,
but are underrepresented in corporate
leadership positions and media
Interpret Civil Rights issues from
the point of view of:
• Federalism
• Theories of Government:
– Pluralist Theory
– Elite Theory
– Hyperpluralist Theory
– Majoritarian Politics
– Client Politics