Equal Rights: Struggling Toward Fairness
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Transcript of Equal Rights: Struggling Toward Fairness
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 focus on individuals
Civil rights focus on groups
Civil Liberties vs. Civil Rights
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
The removal of federal troops from the South in 1877 was followed by rapid legal discrimination against blacks
Plessy v. Ferguson (1896) Separate but equal was acceptable
Early 20th Century- NAACP made gains for African Americans through legal actions
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 LawThe Fourteenth Amendment: equal protection
Forbids states from denying equal protectionApplies to government, not private individuals
Segregation in the schoolsBrown v. Board of Education of Topeka—banned
forced segregation in schoolsLittle change to segregation 15 years laterSupreme 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
Suspect category—assumed unconstitutional in the absence of an overwhelming justification
Applies to race, ethnicity, etc. Intermediate category
Almost suspect —assumed unconstitutional unless the law serves a clearly compelling and justified purpose; applies to gender
Reasonable-basis testNot 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 1964Aimed at eliminating discrimination by private
employment practices and their operation of public accommodationsPublic accommodations cannot refuse to serve
customers based on race, color, religion, sex, or national origin
Hotels, restaurants, theaters, etc. Most employers cannot refuse to consider applicants
based on race, color, religion, sex, or national originApplies to hiring, promotion, and wagesSmall businesses and church-related schools have exceptions
Equality through Law
The Civil Rights Act of 1964The black civil rights movement
Impetus behind Civil Rights Act of 1964Busing boycott led by Dr. Martin Luther King Jr.March on Washington for Jobs and FreedomStrong resistance to Civil Rights Act, but ultimately
successful
Equality through Law The Civil Rights Act of 1964
The movement for women’s rights In 1789 women could not:
Vote Hold office Serve on juries Own & dispense property without husband’s consent
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 LawThe Civil Rights Act of 1964
Hispanic Americans and the farm workers’ strikesStrikes in 1960s and 70s, largely for migrant workers’
rights; most success in CaliforniaGrowing Political Power- Election victories
Native Americans and their long-delayed rightsGranted citizenship in 1924Protests in 1970s; greater control over own affairs1968 Indian Bill of RightsOver 1 million todayLower life expectancies than national avg.Less than ½ as likely to attend college as other AmericansRecent lawsuits to reclaim their ancestral lands
Equality through Law
The Civil Rights Act of 1964Asian 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 1965Barring of whites-only primaries, 1940sTwenty-fourth Amendment prohibited poll taxes,
1960sVoting Rights Act of 1965 allowed federal agents
to oversee voter registrationStates prevented from creating election districts
that deliberately dilute the minority vote, or to give it control
Equality through Law
The Civil Rights Act of 1968Housing
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 LawAffirmative action
Focus on “equality of result”De jure discrimination
Specific law—discriminationAddressed by Brown v. Board
De facto discriminationSocial, economic, cultural biases—discriminationAddressed by “equality of result” plans i.e. affirmative
action & school busingSince height of busing era, the trend in public schools has been
back towards greater de facto segregation
Equality through Law Affirmative action
Arose when it became apparent that disadvantaged Americans would not attain equal employment opportunities through individual lawsuits
Seeks full and equal opportunities in education, employment, etc. for all
Controversy over ends and meansViewed as giving preferential treatment rather than ensuring equal
treatment Affirmative action in law
University of California Regents v. Bakke (1978) Upheld the principle of affirmative action; struck strict down quotas
SCOTUS in recent years has narrowed the application of A. Action Adarand v. Pena (1995), Gratz v. Bollinger (2003)
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 AmericansAftermath of the civil rights movement
Continuing high disparity in incomeDiscrepancies in convictions and sentencingHigh rate of dissolution of black familiesMovement into political officeWhite FlightToday, the majority of African Americans in the nation
live in neighborhoods where whites are in the minority
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 Today number more than 2,000,000 Were not given U.S. citizenship status en masse until 20th
Century Have far higher infant mortality rate than the national
average Less than half as likely to finish college as compared to other
Americans In recent years have filed suit to reclaim ancestral lands
Hispanic Americans Immigration and legal residence issues Fastest growing minority; electoral success
The Continuing Struggle for Equality
Asian AmericansAbout 12 million Asian AmericansEmphasis on academic achievement in Asian
American communitiesUpwardly mobile group
The Continuing Struggle for Equality
Gays and lesbiansLegal victories: Romer v. Evans, Lawrence v. TexasLegal setbacks: Boy Scouts exclusion policy
upheld; military policySame-sex marriage legal in some states, but federal
Defense of Marriage Act allows states to deny marital rights granted by other statesWindsor v. U.S. (2013) DOMA ruled unconstitutional
The Continuing Struggle for Equality
Other disadvantaged groupsOlder Americans
Age Discrimination Act and Age Discrimination in Employment Act
Disabled AmericansAmericans with Disabilities Act
Opinions on Same-Sex Marriage, by Age
Discrimination: Surface Differences, Deep DivisionsAmerica’s high ideals often clash with its
historyFrequent tendency or desire to avoid retelling
the negative aspects of American history
Telling the American Story to Children