Chapter 5: Civil Rights American Democracy Now, 4/e Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Meaning of Equality Under the Law Civil rights in the United States refer to the rights and privileges guaranteed by the government to all citizens under the equal protection and due process clauses of the Fifth and Fourteenth amendments and the privileges and immunities clause of the Fourteenth Amendment. Inherent characteristics are individual characteristics that are part of a person’s nature, such as race, religion, national origin, and sex. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 2 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Meaning of Equality Under the Law Today, the courts use three tests— strict scrutiny, heightened scrutiny, and ordinary scrutiny —to determine when unequal treatment is legal. Courts view race, ethnic origin, and religion to be suspect classifications. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Meaning of Equality Under the Law Courts use the strict scrutiny test to hear a challenge to laws with suspect classifications, which means that the government must show that the differential treatment is necessary for it to achieve a compelling public interest for which it is responsible. The courts apply the heightened scrutiny test (also known as the intermediate scrutiny test) in sex-based discrimination cases, which requires the government to show that the sex-based differential treatment is substantially related to an important public interest for which the government is responsible. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Meaning of Equality Under the Law Under the ordinary scrutiny test, courts require governments to show that the differential treatment is a rational means to achieve a legitimate public interest for which the government is responsible. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Lesbian, Gay, Bisexual, and Transgendered Citizens (LGBT) Same-Sex Marriage  Confers important rights Inheritance Rights to governmental benefits Hospital visitation rights  2013 United States v. Windsor declares 1996 Defense of Marriage Act unconstitutional Strong movement toward gay marriage in the states Many cases in federal courts Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Lesbian, Gay, Bisexual, and Transgendered Citizens (LGBT) The Gay Pride Movement  Stonewall Rebellion (1969)  Formation of Lambda Legal (1970)  Anti-discrimination laws introduced by a number of state and local governments in 1980s  Bowers v. Hardwick (1986)  Lawrence v. Texas (2003) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Lesbian, Gay, Bisexual, and Transgendered Citizens (LGBT) Backlash Against the Movement for LGBT Civil Rights  Conflict over same-sex marriage  Defense of marriage legislation at the state level  Hate Crime ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Slavery and Its Aftermath When it was first written, the Constitution implicitly endorsed the unequal and discriminatory treatment of African Americans. Although the movement to abolish slavery was in its early stages in 1787, the year the Constitution was completed, by the early to mid- 1800s, it had gained significant momentum in the North, largely because of the activism of various religious and humanitarian groups. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 9 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Slavery in the United States Opposition to slavery  Missouri Compromise (1820)  Members of the American Anti-Slavery Society were actively engaged in civil disobedience, which is nonviolent refusal to comply with laws or government policies that are morally objectionable.  The Underground Railroad Opposition to slavery ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 11 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Slavery in the United States The Civil War Era  Uncle Tom’s Cabin (1852)  Dred Scott v. Sandford (1857)  John Brown and Harper’s Ferry (1859)  Emancipation Proclamation, issued by Abraham Lincoln in April 1862  The Thirteenth Amendment (1865)  The Fourteenth Amendment (1868)  The Fifteenth Amendment (1870) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Reconstruction and the First Civil Rights Acts Reconstruction era between 1866 and 1877 The Black Codes limited the rights of “freemen,” or former slaves. To remedy that situation, Congress passed laws that sought to negate the Black Codes. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Backlash: Jim Crow Laws Jim Crow laws required the strict separation of racial groups. De jure segregation, legally mandated separation of the races, became the norm in much of the South. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Backlash: Jim Crow Laws State and local governments in the South also found ways to prevent African Americans from exercising their right to vote:  White primary  Literary test  Poll tax  Grandfather clause Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Governmental Acceptance of Discrimination Civil Rights Cases of 1883 Plessy v. Ferguson (1896)  The separate but equal doctrine declaring that separate but equal facilities do not violate the Fourteenth Amendment’s equal protection clause Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Civil Rights Where Do You Stand? Do you think there will always be problems between African Americans and white Americans in the United States, or will there eventually be a solution? a. There will always be problems. b. There will be a solution. Source: “Americans Mostly Upbeat About Current Race Relations,” Relations.aspx. Relations.aspx ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 17 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Civil Rights Movement In the early decades of the twentieth century, African Americans continued their struggle for equal protection of the laws. Though the movement for civil rights enjoyed some early successes, the century was nearly half over before momentous victories by civil rights activists finally began to change the status of African Americans in revolutionary ways. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 18 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Fighting Back: Early Civil Rights Organizations Formation of National Association for the Advancement of Colored People (NAACP) in 1909 During the 1930s, lawsuits brought by the NAACP in several states ended discriminatory admissions practices in professional schools. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The End of Separate But Equal In 1954 the Supreme Court ruled in Brown v. Board of Education of Topeka that segregated schools violate the equal protection clause of the Fourteenth Amendment. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

The Movement Gains National Visibility Murder of Emmett Till in 1955 Rosa Parks & Montgomery Bus Boycott (1955)  The boycott was led by Martin Luther King Jr. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Local Organizing and the Strategies of Civil Disobedience Martin Luther King advocated protesting government- sanctioned discrimination through civil disobedience and peaceful demonstrations, boycotts, and marches. Other groups, including the Student Nonviolent Coordinating Committee (SNCC) and the Congress of Racial Equality (CORE) advocated voter registration drives and sit-ins in the most violent of the Southern states, Mississippi and Georgia. Besides political protest, activists engaged in mass marches. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Civil Rights Where Do You Stand? With regard to Martin Luther King Jr. and the 1960s civil rights movement, how many goals of that movement have been achieved so far? a. All b. Most c. Only some d. Almost none Source: “On King Holidays, a Split Response to Civil Rights Progress,” ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 23 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Government’s Response to the Civil Rights Movement As a result of the civil rights movement, Congress passed the 1965 Voting Rights Act, as well as the 1964 Civil Rights Act, and the 1968 Civil Rights Act. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 24 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Civil Rights Act of 1964 It outlaws arbitrary discrimination in voter registration practices within the states. It bans discrimination in public accommodations, including hotels, restaurants, and theaters. It prohibits state and local governments from banning access to public facilities on the basis of race, religion, or ethnicity. It empowers the U.S. Attorney General to sue to desegregate public schools. It bars government agencies from discrimination, and imposes the threat of the loss of federal funding if an agency violates the ban. It establishes a standard of equality in employment opportunity. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Voting Rights Act of 1965 Banned voter registration practices, such as literacy tests Mandated federal intervention in any county where less than 50 percent of eligible voters are registered Shelby v. Alabama (2013) struck down the requirement for some counties in 9 states that they get preclearance from the Justice Department for any law impacting voting procedures. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Impact of the Civil Rights Movement Momentous impact on society by working for the laws and rulings that bar discrimination in employment, public accommodations, education, and housing Profound impact on voting rights by establishing the principle that the laws governing voter registration and participation should ensure that individuals are permitted to vote regardless of their race Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

The Movement for Women’s Civil Rights Like African-American men, women had to wait until the Constitution was amended and civil rights legislation was adopted, in response to the women’s rights movement, for equal protection of the laws. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 28 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

First Wave of the Women’s Rights Movement Seneca Falls 1848 Declaration of Sentiments  Declaration “that [women] have immediate admission to all rights and privileges which belong to them as citizens of these United States” State-Level Rights  Bradwell case (1873)  Minor v Happersett (1875) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

First Wave of the Women’s Rights Movement The Nineteenth Amendment (1920) to the Constitution  The Nineteenth Amendment prohibited the national and state governments from abridging or denying citizens the right to vote on account of sex. The right to vote was extended to another group of citizens in 1971 when the states ratified the Twenty-sixth Amendment. This amendment guarantees citizens 18 years of age and older the right to vote. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Second Wave of the Women’s Rights Movement Several factors account for the mobilization of the second wave of the women’s movement in the 1960s:  By the 1960s, large numbers of women were working outside the home in the paid labor force.  Women recognized that as a class of citizens they did not have equal protection of the laws. By the mid-1960s, the women’s rights movement was rejuvenated with a second wave of mass activity. Goal was equal legal rights for women. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Second Wave of the Women’s Rights Movement Federal Legislation and Women’s Rights  The Equal Pay Act (1963)  Title VII of the 1964 Civil Rights Act  Title IX of 1972 Amendment to the 1964 Civil Rights Act Women’s Rights and the Equal Protection Clause  Reed v. Reed (1971)  Craig v. Boren (1976)  US v. Virginia (1996) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Second Wave of the Women’s Rights Movement The Proposed Equal Rights Amendment (1972)  In 1972, Congress approved the ERA, which states that “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Opponents of the amendment were successful in defeating the ERA, which had not been ratified by enough states by the deadline of ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Wage Gap, with White Men at 100 Percent Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Third Wave of the Women’s Rights Movement Although the first two waves advocated for formal equality or identical legal treatment with men, by the 1990s, feminists realized that a good deal still needed to be done to realize these goals in practice. Third-wave feminism recognizes that women have unequal access to legal rights owing to differences in race, class, ethnicity, and religion. Third-wave feminists refer to intersectionality, the experience of multiple forms of oppression simultaneously. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Native Americans’ Rights The Indian Citizenship Act of 1924 The American Indian Movement 1968 Indian Civil Rights Act 1968 Indian Gaming Regulatory Act 1988 Even with gaming profits, however, the prospects for many Native Americans today remain bleak. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Citizens of Latin American Descent U.S. citizens of Latin American descent (Latinos) include those whose families hail from Central America, South America, or the Caribbean. Latinos are the largest minority group in the United States, making up 17 percent of the total U.S. population. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 37 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Citizens of Latin American Descent Early Struggles of Mexican Americans  1846 US declared war on Mexico  1848 Treaty of Guadalupe-Hidalgo  Formation of League of United Latin American Citizens (LULAC) in 1929  Mendez v. Westminster (1945) strikes down segregated schools in California Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Citizens of Latin American Descent The Chicano Movement  The Chicano Movement was composed of Latino organizations focusing on many issues, including equal employment and educational opportunities.  Cesar Chavez and the United Farm Workers (UFW)  Corpus Christi Independent School District v. Cisneros (1971) Employment Discrimination Arizona v. United States (2012) Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Citizens of Asian Descent Asian Americans have had to fight continually for their civil rights, specifically for equal protection under the law and particularly for equal access to educational and employment opportunities as well as citizenship. Immigration and Nationality Act of 1952 ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 40 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Citizens of Asian Descent Internment of Japanese Americans During WWII  Americans of Japanese ancestry were forced to move to government-established camps. Contemporary Issues for Asian Americans  Voting rights, hate crimes, and employment discrimination Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Civil Rights Where Do You Stand? Have you ever dated someone from a different racial or ethnic background than your own? a. Yes b. No Source: “Most Americans Approve of Interracial Dating,” ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 42 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Citizens with Disabilities The Americans with Disabilities Act (ADA) of 1990  The ADA defines a disability as any “physical or mental impairment that substantially limits one or more of the major life activities of the individual.” The Americans with Disabilities Act Amendments of 2008  Broadens what “substantially limits” and “major life activities” mean ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 43 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Affirmative Action: Is It Constitutional? In the 1960s the federal government also began implementing policies aimed at reinforcing equal access to employment by mandating recruitment procedures that actively sought to identify qualified minority men for government positions. This policy of affirmative action was extended to women in employment and then to educational opportunities. ©2015, The McGraw-Hill Companies, Inc. All Rights Reserved. 44 Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

How Affirmative Action Works Affirmative action requires that an organization make intentional efforts to diversify its workforce by providing equal opportunity to classes of people that have been historically, and in many cases are still today, subject to discrimination. In the 1970s, institutions of higher education began to adopt intentional efforts to expand educational opportunities for both men and women from various minority groups. Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.

Opposition to Affirmative Action Bakke v. University of California (1978) University of Michigan cases of 2003  School’s goal of creating a diverse student body serves a compelling public interest Supreme Court decision: school districts cannot assign students to schools to enhance diversity Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw- Hill Education.