Civil Rights
Dec 25, 2015
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
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”
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