sj Miller
EDUC 8815
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Partial Timeline of Legal Discrimination in the US
Policies legitimated prejudice
Black slaves through Legalized disenfranchisement, forbidden to read and write in some southern states
(1740-)
1837 First Black Schools Surface
1865 Slavery outlawed and abolished (de jure (law) vs. de facto) , 13th amendment
14th Amendment gave African Americans equal rights, 1866
15th Amendment, Blacks earned right to vote, 1870
But…. Between 1890 and 1910, ten of the eleven former confederate states passed new constitutions or
amendments that effectively disenfranchised most blacks and tens of thousands of poor whites through a
combination of poll taxes, literacy tests and comprehension tests, and residency and record-keeping
requirements—impacted voting…
Plessy vs. Ferguson, 1896, Separate but equal (see below)
Jim Crow laws (1864-1965), in CO (see weblink): (see below)
 1864: Miscegenation [Statute] Marriage between Negroes and mulattoes, and white persons
"absolutely void." Penalty: Fine between $50 and $550, or imprisonment between three months and
two years, or both.
 1876: School segregation was barred, followed by ending segregation of public facilities in 1885. Four
laws protecting civil liberties were passed between 1930 and 1957, when the anti-miscegenation
statute was repealed.
 1908: Miscegenation [Statute] Marriage between Negroes and mulattoes, and whites prohibited.
Penalties: Punishable by imprisonment from three months to two years, or a fine of between $50 to
$500. Performing a marriage ceremony punishable by a fine of $50 to $500, or three months to two
years' imprisonment, or both.
 1930: Miscegenation [Statute] Miscegenation declared a misdemeanor. Stays on books until 1957.
IQ tests (early 20th Century), which sets up people’s intelligence, giftedness or lack thereof in scales
(was later used to weed out Blacks and Latinos from passing and serving in particular roles in the military—
influenced standardized testing, also the scores were used to sterilize prostitutes because they would
produce offspring who were simple or feeble minded, and women whose IQs were low, and prove that
Immigrants had low IQ’s and should not enter U.S.
Men in the WWII, Army segregated- (e.g., The Tuskagee Airmen).
Military officially desegregated 1948 (Truman)
US did not grant Asian Americans legal rights and recognition til 1940’s and 50’s-immigration rules kept
Asians out of US til 1965, Immigration Act did away with restrictive immigration quota system of the 1924
Immigration Act and eliminated the blatantly racist and ethnocentric aspects of the 1924 Immigration Act.
Jews kept out under the quotas as well….US didn’t step in til end of WWII to help bring Jews over
Desegregation in Brown vs. Board of Topeka KS, 1954: de jure (concerning law) vs, de facto (by practice or
fact of) (14th Amendment to the constitution was reinterpreted- Thurgood Marshalll overturns Sep but equalDid not actually desegregate schools til 1968(Berkeley HS)
1960’s and 70’s Native Americans have found for self-determination and cultural recognition; 1972 Indian
Education Act to provide financial assistance
1960 children w/retardation needs recognized; 1975 Public Law (education for all Handicapped Children
Act)- required an IEP.
1968 Introduction of Bilingual Education Act
1970 Mexicans Americans were officially recognized as an identifiable dominant group in the public schools
August 18, 1920; 19th Amendment gave women right to vote; Title 9 in 1972 provided for gender equality in
employment and educational institutions and in educational programs
1973, homosexuality removed from DSM as a mental illness
1974- Lau Vs. Nichols, students should be taught second language skills
The Department of Justice published revised regulations for Titles II and III of the Americans with
Disabilities Act of 1990 (ADA) in the Federal Register on September 15, 2010
1990’s when ESL became part of school curriculum
2013 DSM V removes Gender Identity Disorder for trans* people and replaces it with the “optional” gender
dysphoria
Explanations
Slavery is seen in the Constitution in a few key places. The first is in the Enumeration Clause, where representatives
are apportioned. Each state is given a number of representatives based on its population - in that population, slaves,
called "other persons," are counted as three-fifths of a whole person. This compromise was hard-fought, with
Northerners wishing that slaves, legally property, be uncounted, much as mules and horses are uncounted.
Southerners, however, well aware of the high proportion of slaves to the total population in their states, wanted them
counted as whole persons despite their legal status. The three-fifths number was a ratio used by the Congress in
contemporary legislation and was agreed upon with little debate.
1856- Dred Scott, as a slave, was declared chattel--human property. He was a possession of his owner, and the
owner had a right to do whatever he wanted with his assets. Three of the justices held that even a Negro who had
descended from slaves had no rights as an American citizen and thus no standing in the court. The prevailing attitudes
toward Blacks who were slaves was that they were not considered human and/or were considered less than human
3/5 (i.e., they could not own property, they were property)
1863- the Emancipation Proclamation issued by President Lincoln “officially ended slavery.” However, the
proclamation could not instantly transform attitudes of many citizens or the legacy of a country that had considered
African Americans as less than human.
1896-Plessy v. Ferguson: This landmark Supreme Court decision holds that racial segregation is constitutional,
paving the way for the repressive Jim Crow laws in the South.
Jim Crow laws- separate but equal between 1876-1964
The Jim Crow was a system of laws and customs that enforced racial segregation and discrimination throughout the
United States, especially in the South, from the late 19th century through the 1960’s. The laws did not specifically
mention race, but were written and applied in a way that discriminated against African Americans.
Desegregation, 1954, Brown vs. Board of Topeka Kansas, shot down separate but equal
Men in the army segregated
1964- The Civil Rights Movement was important to the history of the United States and the world. It established that
discrimination was unjust and would no longer be tolerated in the country, while setting an example for oppressed
people everywhere.
The efforts of the Civil Rights Movement ended segregation publicly and legally. The era redesigned the nation's social
system. The Movement changed where African Americans could take a drink from a fountain or attend college. The
efforts to help a specific group united many citizens to achieve a common goal. People, regardless of race, fought
together for the just treatment of African Americans.