Civil Rights and Public Policy

CIVIL RIGHTS AND PUBLIC POLICYWomen, Homosexuals, Senior Citizens, Disabled Americans, Native Americans, and Immigrants

WOMEN Seneca Falls Convention, 1848

Elizabeth Cady Stanton led fight for suffrage “Declaration of Sentiments”

“All men and women are created equal” “The history of mankind is a history of repeated injuries

and usurpations on the part of man toward woman….” Listed series of abuses…

Allowing women to vote Compelling women to follow laws they had no voice in

passing Withholding rights

Right to vote – 19th Amendment, 1920

Age of Feminism From 1920 to 1960s… traditional family dominated

Muller v Oregon (1908), Brandeis Brief spoke about the inherent differences between men & women in the workplace

Laws protecting women in the workplace virtually nonexistent

The Feminine Mystique (1963) (Betty Friedan) launched modern movement

Organizations: National Organization of Women (NOW) National Women’s Political Caucus Supported passage of Equal Rights Amendment (ERA)

1 argument against: 14th Amendment already existed

Equal Pay Act, 1963: requires employers to pay men & women same pay for same jobs

“Comparable Worth”: paying women equally for jobs similar to those held by men Ledbetter v Goodyear Tire and Rubber Company (2007)

5-4 decision against Ledbetter, saying her suit did not fit with Title II of the CRA of 1964 requiring Ledbetter sue w/in 180 days of discrimination beginning

Congress passed Lilly Ledbetter Act allowing suits to be filed whenever discovery of discrimination occurredVetoed by Bush, passed by Congress again, and

signed by Obama 2009

Women’s Rights Civil Rights Act 1964 (CRA) had anti-sex discrimination

provision Title VII provisions extended by Education Act of 1972 Title IX made sex discrimination in federally funded education

programs illegal Frontiero v Richardson (1973): “There can be no doubt

that our nation has had a long and unfortunate history of sex discrimination”

Craig v Boren (1976): any apparent discrimination against men or women would be illegal

Job discrimination cases: Dothard v Rawlinson (1977): struck down AL law forbidding

women prison guards in all male prisons UAW v Johnson Controls (1992): Johnson couldn’t

prevent women from working in the battery division, even if it caused infertility in women

Sexual harassment in the workplace in national spotlight since Clarence Thomas’ appointment to the S Court was challenged by Anita Hill

Political office Ella Grasso (CT) first female governor not to serve in place

of husband (1974) Sandra Day O’Connor – first female S Court Justice (1981) Geraldine Ferraro VP candidate running w/ Walter Mondale

in 1984 Nancy Pelosi – first woman Speaker of the House Hillary Clinton – first former First Lady to be elected to public

office

HOMOSEXUALS Bowers v Hardwick (1986):

challenged anti-sodomy law S Court upheld the GA law

Lawrence v Texas (2003): S Court reversed Bowers, ruling a TX sodomy lawunconstitutional

Romer v Evans (1996): S Court ruled a CO constitutional amendment invalidating state & local laws protecting gays and lesbians from discrimination unconstitutional b/c it violated the Equal Protection Clause of the 14th Amendment

Boy Scouts of America v Dale (2000): freedom of association under the 1st Amendment Fallout: many schools around country refused to allow Boy

Scouts meetings in their facilities if homosexuals barred from participation

Don’t Ask; Don’t Tell 1992: Clinton used executive order Allowed homosexuals to enlist in military as long as they

did not disclose they were gay Criticized by many in Congress, and difficult to accept in

military Challenged in S Court – who declared part of policy

unconstitutional under 1st Amendment free speech & 5th Amendment due process

Was repealed in 2011 by President Obama

Gay Marriage 2004: MA S Court ruled gay marriage constitutional Opponents of decision resulted in drafting amendment to the

US Constitutional would define marriage as a union between a man and woman

1996: Defense of Marriage Act Allowed states not to recognize gay marriages from other states &

made illegal any federal benefits to states that did allow gay marriages

Supporters, G. W. Bush felt its passage would be only way to protect institution of marriage

CT approved same-sex marriage in 2005 CA S Court struck down ban on same-sex marriage, citizens

passed Proposition 8 Banning same sex marriage

30 states have constitutional amendments banning same-sex marriage & civil unions

SENIOR CITIZENS Recognized as segment of society that

is responsibility of gov’t since FDR & creation of Social Security

Is one of the fastest growing segments Care about:

Cutbacks to Social Security & Medicare Healthcare Age-based job discrimination

Age discrimination acts passed in 1967 1975: civil rights laws made it illegal to discriminate

against anyone over 40 1978: Age Discrimination in Employment Act raised

compulsory retirement age to 70 But is growing movement to ban any kind of mandatory

retirement age

DISABLED AMERICANS Handicapped Americans are ~20% of population

Physical, mental, emotional disabilities Only in last 20 years has gov’t recognized this group,

except for WWI & WWII vets Education of All Handicapped Children Act (1975): right

to education w/ appropriate services to meet needs of specific disability

Americans w/ Disabilities Act (1991): required employers, schools, and public buildings to reasonably accommodate physical needs of handicapped Ramps, elevators, etc. Extended to job market – can’t discriminate against

handicapped Does ADA protect people w/ chronic diseases? S Court has limited lawsuits against states under ADA

using sovereign immunity provisions of 11th Amendment

AGE DISCRIMINATION Decisions that weaken Tinker & limit civil rights of

young people Hazelwood v Kuhlmeir (1988): administrators censor school

sponsored publications & plays Bethel School District v Fraser (1986): officials right to

discipline students a result of obscene speech by a student running for school office

New Jersey v TLO (1985): almost unlimited right to search a student suspected of violating school rules

Vernonia v Acton (1995): random drug testing of athletes

Title IX & CRA prohibited gender discrimination in sports & enrolling in classes

ADA applied to students needing special education State laws protect against child abuse & mandate child

support for divorced families Concerns of youth today:

Protection from violence and drugs in school & community Employment opportunities after graduation (HS & college)

National Service Program (1993) easier for high school students to obtain gov’t aid for college in return for national service

Adoption practices, child custody

NATIVE AMERICANS Have an official gov’t agency as part of Dept of Interior

Bureau of Indian Affairs See that all legislative benefits are administered to NA who by law

are American citizens & have right to vote whether or not live on a reservation

Native Americans living on reservations have separate status & are recognized by treaty as possessing full characteristics of sovereign nations Immune from federal & state laws Right to govern reservations as they see fit

Those living outside the reservation have faced poverty & must seek assistance from states they live in

Some militant groups pressure gov’t for healthcare, education, housing, jobs

One significant trend: casinos enabling NA to develop a prosperous economy for their people Indian Gaming Regulatory Act (1988)

IMMIGRANTS Hispanic Americans – people in the US who have a

Spanish-speaking heritage Is fastest growing minority in America Number of elected officials increasing since 1970s, but

unequal educational & language barriers has hampered some efforts for equality

Civil rights action: health care for undocumented immigrants, affirmative action, admission of more Hispanic students to state colleges & universities, redistricting plans that do not discriminate

Asian Americans Chinese Exclusion Act 1882 limited # of Asians permitted to

enter US Relocation camps for Japanese Americans after Pearl Harbor

Challenged by Korematsu v US, but upheld the right of the gov’t and military to restrict liberties of Japanese for “pressing public necessity”

1988: Congress appropriated funds to compensate former camp detainees or their survivors

Unlike natural-born citizens – immigrants have had difficult time getting civil rights Resentment on part of American people to those placing

additional burden on America’s welfare system CA passed Proposition 187 in 1994 to deny illegal aliens social

services & education Republican attempts to deny welfare for legal immigrants

G W Bush proposed comprehensive immigration bill to secure the nation’s border & giving illegal immigrants a path to citizenship through a guest worker program Congress rejected it & chose to build a 700-mile fence to prevent

illegal immigrants