Equal Rights:
Struggling Toward Fairness
Chapter 5
Martin Luther King, Jr.
I have a dream that one day
this nation will rise up and live
out the true meaning of its
creed: “We hold these truths to
be self-evident: that all men are
created equal.”
MLK was the youngest person to ever
win a Nobel Peace Prize
Civil Liberties vs. Civil Rights

Civil liberties focus on
individuals

Civil rights focus on
groups
The Struggle for Equality

Disadvantaged Americans have gained their rights through
struggle against entrenched interests
 African Americans


Reconstruction in the South was followed by a lengthy period of
racial segregation
Plessy v. Ferguson (1896)


Separate but equal was acceptable
Brown v. Board of Education of Topeka, Kansas (1954)

Separate but equal was NOT acceptable
 Racial segregation in schools violated the equal protection clause of
the 14th Amendment
Equality through Law

The Fourteenth Amendment: equal protection
 Forbids
states from denying equal protection
 Segregation in the schools
 Brown
v. Board of Education of Topeka—banned
forced segregation in schools
 Little change to segregation 15 years later
 Supreme Court encouraged busing as solution to
segregation; highly controversial, mixed results
Segregation Rates in Public Schools
Equality through Law

The Fourteenth Amendment: equal protection

Strict-scrutiny test



Intermediate category


Suspect category—assumed unconstitutional in the absence of an
overwhelming justification
Applies to race, ethnicity, etc.
Almost suspect —assumed unconstitutional unless the law serves a
clearly compelling and justified purpose; applies to gender
Reasonable-basis test

Not suspect category—assumed constitutional unless no sound
rationale for the law can be provided; applies to age, income, etc.
Equality through Law

The Civil Rights Act of 1964
 Accommodations
 Public
and jobs
accommodations cannot refuse to serve
customers based on race
 Most employers cannot refuse to consider applicants
based on race
Equality through Law

The Civil Rights Act of 1964
 The
black civil rights movement
 Impetus
behind Civil Rights Act of 1964
 Busing boycott led by Dr. Martin Luther King Jr.
 March on Washington for Jobs and Freedom
 Strong resistance to Civil Rights Act, but ultimately
successful
Equality through Law

The Civil Rights Act of 1964

The movement for women’s rights

Seneca Falls-1st women’s rights convention in 1848



Movement originally aligned with the abolition movement
Women acquire the right to vote in 1920 with Nineteenth
Amendment
The Equal Rights Amendment: passed Congress but failed
ratification by states
Equality through Law

The Civil Rights Act of 1964
 Hispanic
Americans and the farm workers’ strikes
 Strikes
in 1960s and 70s, largely for migrant workers’
rights; most success in California
 Growing Political Power- Election victories
 Native
Americans and their long-delayed rights
 Granted
citizenship in 1924
 Protests in 1970s; greater control over own affairs
 1968 Indian Bill of Rights




Over 1 million today
Lower life expectancies than national avg.
Less than ½ as likely to attend college as other Americans
Recent lawsuits to reclaim their ancestral lands
Equality through Law

The Civil Rights Act of 1964
 Asian

Americans and immigration
Asians were denied entry into the U.S. for a long period
 Discrimination did not ease until the 1960’s
 Notable educational advancements
 Upwardly mobile group but are under represented in top positions in society
Equality through Law

The Voting Rights Act of 1965
 Barring
of whites-only primaries, 1940s
 Twenty-fourth Amendment prohibited poll taxes,
1960s
 Voting Rights Act of 1965 allowed federal agents
to oversee voter registration
 States prevented from creating election districts
that deliberately dilute the minority vote, or to give
it control
Equality through Law

The Civil Rights Act of 1968
 Housing
 Prohibition of
redlining
What’s Your Opinion?

Should private discrimination be allowed?
 Should
private country clubs and organizations be
allowed to discriminate based on:
 Religion, race,
color, ethnic background?
 Gender, age, income?
 Physical characteristics, sexual preference, lifestyles?
Equality through Law

Affirmative action
 Focus
on “equality of result”
 De facto discrimination
 Social,
 De
economic, cultural biases—discrimination
jure discrimination
 Specific
law—discrimination
Equality through Law

Affirmative action
 Seeks
full and equal opportunities in education,
employment, etc. for all
 Controversy over ends and means
 Affirmative action in law
 University of
California Regents v. Bakke (1978)
 Adarand v. Pena (1995)
What’s Your Opinion?

Which position on affirmative action programs
comes closer to your own point of view?
 Keep
them without rigid quotas?
 Phase them out?
 Don’t know or have an opinion?
The Continuing Struggle for Equality

African Americans
 Aftermath
of the civil rights movement
 Continuing
high disparity in income
 Discrepancies in convictions and sentencing
 High rate of dissolution of black families
 Movement into political office
Family Structure, by Race and Ethnicity
The Continuing Struggle for Equality

Women

Electoral and political successes





Women have made significant gains in obtaining government positions
Geraldine Ferraro- 1st women on a national ticket of a major political party
in 1984
Sandra Day O’Connor- appointed by Reagan as the 1st female SCOTUS
justice
HOWEVER: The U.S. Congress has a lower % of women than most
northern European national legislatures
Job-related issues

Lack of job equality
 Family leave
 Gender pay equity- about 80%


Comparable Worth- equal pay for work that requires similar demands,
responsibilities, and levels of education and training
Sexual harassment- Anita Hill
 “Feminization of poverty”
Percentage of Families Living in Poverty, by
Family Composition and Race/Ethnicity
The Continuing Struggle for Equality

Native Americans
 Suits
to regain land
 Negative discrepancy in health, wealth, and
education
 Casinos; rising income but controversial

Hispanic Americans
 Immigration
and legal residence issues
 Fastest growing minority; electoral success
The Continuing Struggle for Equality

Asian Americans
 About
12 million Asian Americans
 Emphasis on academic achievement in Asian
American communities
 Upwardly mobile group
The Continuing Struggle for Equality

Gays and lesbians
 Legal
victories: Romer v. Evans, Lawrence v.
Texas
 Legal setbacks: Boy Scouts exclusion policy
upheld; military policy
 Same-sex marriage legal in some states, but federal
Defense of Marriage Act allows states to deny
marital rights granted by other states
The Continuing Struggle for Equality

Other disadvantaged groups
 Older
Americans
 Age
Discrimination Act and Age Discrimination in
Employment Act
 Disabled
Americans
 Americans
with Disabilities Act
Opinions on Same-Sex Marriage, by Age
Discrimination:
Surface Differences, Deep Divisions
America’s high ideals often clash with its
history
 Frequent tendency or desire to avoid retelling
the negative aspects of American history

Telling the
American
Story to
Children