Civil Rights

Civil RightsRefers to government-protected rights of

individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as: race, sex, national origin, age, religion or sexual orientation

CitizenshipMissouri Compromise (1820)Dred Scott v. Sanford (1857)14th Amendment (1868)

Definition of a citizen Someone born or naturalized in the U.S.

Civil War Amendments13th-Abolishes Slavery14th- Due process, equal protection, privileges

and immunities15th-Right to vote regardless of race

RaceDred Scott v. Sanford (1857)Plessy v. Ferguson (1896)Brown v. Board (1954)

De jureDe facto

Civil Rights Act of 1964Leading to the legislation

Kennedy request on banning discrimination in public accommodations

March on Washington led by King “I Have a Dream” speech

Kennedy assassinated Johnson, southern-born VP, put civil rights on top of his

agenda as new president. Opposition from Strom Thurmond—longest filibuster in

history of Senate (8 weeks)Public opinion changes (southern attitudes)

Civil Rights Act of 1964The legislation, once passed…

Outlawed arbitrary discrimination in voter registration and expedited voting rights lawsuits.

Barred discrimination in public accommodations engaged in interstate commerce.

Authorized the Department of Justice to initiate lawsuits to desegregate public facilities and schools.

Provided for the withholding of federal funds from discriminatory state and local programs.

Prohibited discrimination in employment on grounds of race, color, religion, and national origin, or sex.

Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce the bans on employment discrimination.

Impact of the Civil Rights Act of 1964Lawsuits quickly emerged to challenge the act.

Supreme Court upheld its constitutionality.Education

Supreme Court ruled that all state-imposed segregation (de jure discrimination) must be eliminated at once.

De facto discrimination Racial discrimination that results from practice rather than

the law (housing patterns, for example)Employment

Title VII prohibits discrimination in workplaceNotion of “business necessity”

Other Civil Rights ActsVoting Rights Act of 1965Civil Rights Act of 1968

Women’s Rights

The Second Feminist WaveMuller v. Oregon (1908)

Limited the work day for women in laundries to 10 hours

Reed v. Reed (1971) “Arbitrary” gender discrimination violated 14th

Amendment’s Equal Protection ClauseCraig v. Boren (1976)

“Medium scrutiny” standard established for gender discrimination

Equal Rights Amendment fails ratification by states (1982)

Statutory Remedies for Sex DiscriminationTitle VII: prohibits discrimination by private

and(after 1972) public employersKey victories under Title VII:

Consideration of sexual harassment as sex discrimination

Inclusion of law firms, which many argued were private partnerships, in the coverage of the act

A broad definition of what can be considered sexual harassment, which includes same-sex harassment

Allowance of voluntary affirmative action programs to redress historical discrimination against women

Statutory Remedies for Sex DiscriminationTitle IX

Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students

Key victories under Title IX Holding school boards or districts responsible for

sexual harassment of students by teachers

Affirmative ActionDefinition: a policy designed to give

special attention to or compensatory treatment of members of some previously disadvantaged group

In educationRegents of the University of California v. Bakke

(1978) Racial set asides unconstitutional Race could be considered in admissions

Grutter v. Bollinger (2003) Race could be considered a “plus” in admissions

New Civil Rights Issues

Civil Rights and the Graying of AmericaAge classifications not suspect category, but

fall under rational basis test.Civil Rights and People with Disabilities

Americans with Disabilities Act of 1990 Requiring employers and public facilities to make

“reasonable accommodations” for those with disabilities

Prohibits employment discrimination against the disabled

New Civil Rights Issues

Gay and Lesbian RightsBowers v. Hardwick (1986) Romer v. Evans (1996)Lawrence v. Texas (2003)

Overturned Bowers Private homosexual acts are protected by the

ConstitutionGay marriage

Many state constitutions amended to prohibit practice

Equal Protection