What ARE Civil Rights? CIVIL RIGHTS CIVIL RIGHTS = Rights of all persons, regardless of race, religion or sex to equal treatment under the law. Providing equality to groups that have historically been subject to discrimination. REASONABLE. The question is NOT whether government can treat, or classify, people of different races, ethnicities, genders differently... Instead, it is whether such differences in treatment are REASONABLE. Generally, classifying people on the basis of race or ethnicity is deemed unreasonable – a “SUSPECT CLASSIFICATION”

Civil Rights & the Constitution Who was included in our early views of equality? The original Constitution is a plan of government, not a guarantee of individual rights. It DOES ensure that: 1) Gov’t does not discriminate against us 2) Gov’t protects us from interference by private individuals. “NATURAL RIGHTS” The Framers referred to these rights as “NATURAL RIGHTS” – the rights of all people to dignity & worth. HUMAN RIGHTS. Today they are called HUMAN RIGHTS.

So …what exactly is EQUALITY? Equality OF: Freedom “to” exercise individual rights and Freedom “from” government interference UNLESS it compromises someone else’s rights Equality OF opportunity – all can go for it…..this, of course, also means competition will exist. Equality OF Outcome Equality OF Outcome - i.e., Affirmative Action - not just a boost but seen as government having an obligation to promote minority development…. blacks, Hispanics, females, etc.

“Equality” is not even mentioned in the original Constitution. The first mention is in the 14th Amendment: All will have “equal protection” under the law unless there is a “compelling public interest” to discriminate. So….... to right a past wrong, you may have to discriminate! (affirmative action for example) Equality ….What is it exactly? Equal Justice - not equal results or equal rewards... the Constitution does NOT intend to provide equal condition... just equal opportunity

AFRICAN AMERICAN ISSUES ERA OF SLAVERY / ERA OF RECONSTRUCTION 13th Amendment– 1865 prohibits slavery Dred Scott v. Sanford overturned Dred Scott v. Sanford 14th Amendment– 1868 Equal protection; citizenship 15th Amendment - Right to vote for MEN (1870) FREE MEN VOTE!

AFRICAN AMERICAN ISSUES ERA OF SLAVERY / ERA OF RECONSTRUCTION BUT, society did not transform as quickly. Segregation and White Supremacy prevailed. Jim Crow Reconstruction ended in 1877 w/ Whites in control of the “New South,” and blacks were left to Jim Crow Laws that preached a separate society. Ineffective Civil Rights Acts passed …. And then invalidated in the Civil Rights Cases of th Amendment corrects actions by states … NOT actions by private citizens “Individual invasion of individual rights is not the subject of the amendment.”

Jim Crow Laws Right after the Civil War there were Black Codes- restrictive laws such as labor contracts and vagrancy codes to keep freemen as submissive laborers Jim Crow laws- state and local laws imposing segregation, late 1800’s- 1960’s, upheld by Supreme Court’s “separate but equal” Plessy v Ferguson ruling

Plessy v. Ferguson

Voting Discrimination Other forms of discrimination: Housing discrimination Job discrimination Discrimination in accessibility to public accommodations NAACP formed in 1910 – how does it work? LAWSUITS to achieve civil rights AFRICAN AMERICAN ISSUES ERA OF RECONSTRUCTION…… Denial of Black Vote in the Post- Reconstruction South:

The Great Migration During WWI & WWII eras - Blacks migrated north to the cities and their sheer numbers (6 million) became a political force as middle class became accessible During WWII... judicial relief sought Truman started integration of the military Ike integrated Fed Bureaucracy

AFRICAN AMERICAN ISSUES ERA OF CIVIL RIGHTS 1950’S - BLACKS SEEK POLITICAL MUSCLE: MLK, Jr., using the First Amendment - freedom of petition civil disobedience sought relief via civil disobedience white supremacists responded with fire hoses and police brutality Congress dragged its feet w/ a Southern Senatorial block, so Executive and Judicial branches responded. Brown v. Board of Education (1954) Overrules Plessy v. Ferguson Brown II Ruling?

Segregation by law - “de jure segregation” “de jure segregation” was unconstitutional. But “de facto segregation”- segregation by choice or reality- still prevailed … until Swann v. Charlotte Mecklenburg Board of Education 1971 where the SC ruled that schools will re-district to end segregation via BUSING, a very unpopular device to integrate! AFRICAN AMERICAN ISSUES

Rosa Parks & Montgomery Bus Boycott (1955) Little Rock 9 school integration ’57 Lunch counter sit-ins ’60; Freedom Riders ‘61 Birmingham March/riots 1963: JFK FINALLY promoted civil rights legislation March on Washington 1964 Civil Rights Act of 1964 TRIBUTE to JFK; enacted after death No discrimination in schools, workplace, public accommodations Selma March; Voting Rights Act of 1965 The “New Direction” by the mid-60’s SNCC, Black Power, Malcolm X, Black Panthers Long, Hot Summers of : Watts, Detroit, Harlem OVERVIEW OF EVENTS/STRATEGIES IN THE CRM

The Civil Rights Act of 1964 The Civil Rights Act of 1964 was landmark legislation in the United States that outlawed segregation in U.S. schools and other public places. First conceived to help African Americans, the bill was amended prior to passage to protect women in courts, and explicitly included white people for the first time. It also started the Equal Employment Opportunity Commission. It prohibited discrimination in public facilities, in government, and in employment, eliminating the Jim Crow laws in the Southern United States. President Lyndon Johnson signs the Civil Rights Act of 1964

Early Civil Rights Movement Goals and Strategies MLK & SCLC - Southern Christian Leadership Conference sought integration Modeled after Ghandi Preached non-violent protests / civil disobedience to achieve equal rights.

CRM by the mid to late 60’s Violence, Militancy & Separatism SNCC started out as non- violent (lunch counter sit- ins) but …. Stokely Carmichael takes over – “go get you some guns!” Black Power! Malcolm X Initially separatism but … Black Panthers most militant

What caused the change?

THE VOTING RIGHTS ACT, 1965  Helps enforce the 15 th Amendment; prevents states from denying citizens the right to vote based on race.  put states with low voter turnout on Justice Dept. watchlist & gave federal gov’t authority to stop any new loopholes the states tried to come up with to diminish black suffrage  Provisions extended in 2006 (see notes below)

Only 70 blacks held elected office in 1965 March to Selma; Bloody Sunday Voting Rights Act outlawed literacy tests used by states to deny the vote to blacks: Provided for federal registration of voters in areas that had less than 50% of eligible minority voters registered (Selma 1%) Still not enough minorities getting elected so legislature encouraged “minority majority” districts that promoted minority electorates... But Shaw v. Reno, Bush v. Vera and other cases have condemned the design of districts using race as the predominant factor. Voting Rights Act of 1965

The Passing of the 24 th Amendment January 1964 Poll taxes had been enacted in eleven Southern states after Reconstruction as a measure to prevent poor people from voting. These taxes stayed in force until an amendment to the Constitution made them illegal in At the time of this amendment’s passage, only five states still preserved the poll tax: Virginia, Alabama, Texas, Arkansas, and Mississippi. However it wasn’t until the U.S. Supreme Court ruled 6-3 in Harper v. Virginia Board of Elections that all state poll taxes were declared unconstitutional because they violated the Equal Protection Clause of the Fourteenth Amendment. 24 th Amendment

Women’s suffrage before 1920

WOMEN’S ISSUES l Equality > Privacy > Harassment > Choice l Push for the Vote: Seneca Falls Convention, 1848 Lucretia Mott, Elizabeth Cady Stanton Gain political equality - 19th Amendment (1920) l Period of the “Doldrums” from ; why? Tried to get an ERA; unsuccessful Will fall short in 1987 as well l Second Feminist Wave – 1960’s & 70’s Betty Freidan, The Feminine Mystique NOWNOW organized Gloria Steinem

Women’s Suffrage l Alice Paul l National Woman’s Party l Effect of WWI? l Nineteenth Amendment l Equal Rights Amendment National Woman’s Party members picketing in front of the White House, th Amendment (All: Library of Congress)

l JUDICIAL DEVELOPMENT: feminist movementA “paternal” court protected women until the 1970’s, but the feminist movement went from a social to political to judicial movement and the courts responded. l Reed v. Reed st time SCOTUS applied 14 th Amendment to a classification by gender. SCOTUS overrules Idaho holding that men are preferable as administrators of estates. “Medium scrutiny” standard applied to gender discrimination cases – not a “suspect classification” WOMEN’S ISSUES

l Can women be drafted? Not yet….. Rostker v. Goldberg SCOTUS will give “great deference” to Congressional policy. SCOTUS said that women not “similarly situated” for purposes of draft since not allowed to serve in combat. BUT…..as of this year, women ARE now allowed to serve in combat so……???? l COMPARABLE WORTH: Equal work / equal pay. Civil Rights Act of ‘64 + ‘72Civil Rights Act of ‘64 + ‘72 banned gender discrimination in hiring, firing and compensation But, courts stayed quiet on this issue Women still earn as much as 77% less than their male counterparts in the private sector. WOMEN’S ISSUES

l Legislative Victories in the work place: Civil Rights Act of 1964 EEOC – power to sue employers suspected of illegal discrimination Title IX of Education Act of ’72: no gender discrimination in federally subsidized programs …including athletics WOMEN’S ISSUES

Wage Discrimination Equal Pay for Equal Work l Lower pay for women – Why? 1. Less training and education made their labor less productive/profitable 2. “Women’s Work” / Careers: different types/pay grades of male & female occupations & different career expectations 3. Discrimination – what is the glass ceiling?

Wage Discrimination Equal Pay for Equal Work l Equal Pay Act, 1963 Male and females in same job get same pay l Civil Rights Act 1964 – Title VII No discrimination based on race, gender, color, religion, national origin Only applies to employers with 15 or more employees; does not apply to religious institutions Sets up EEOC l What EEOC claim has just been filed by the U.S. Women’s Soccer Team? 506/women-national-team-files-wage- discrimination-action-vs-us-soccer-federationhttp://espn.go.com/espnw/sports/article/ /women-national-team-files-wage- discrimination-action-vs-us-soccer-federation

Wage Discrimination Equal Pay for Equal Work l Lilly Ledbetter Fair Pay Act of 2009 l You only had 180 days from the date of the first discriminatory paycheck to file a claim l So employers just concealed any discriminatory conduct until after the 180 days passed l Lilly Ledbetter Act now says that EACH paycheck starts a new 180-day period for filing a claim of discrimination

l As women have moved into the workplace, women's issues now have evolved into sexual harassment cases l SEXUAL HARASSMENT l SEXUAL HARASSMENT guidelines: Laws violated when workplace environment would be “reasonably perceived as hostile or abusive.” Employers can even be held liable for harassing acts of their supervisory employees that violate clear policies and of which top management has no knowledge at all. Faragher v. City of Boca Raton (1998)Faragher v. City of Boca Raton (1998) WOMEN’S ISSUES SEXUAL HARASSMENT

WOMEN’S ISSUES CHOICE l Pro-life v. pro choice: ROE V. WADEROE V. WADE was, according to SCOTUS, a privacy issue, not when life begins. Opponents say No Hyde Amendment followed, restricted federal funds to lower income women if mother not in danger. SCOTUS has given states leeway in controlling/regulating abortions so long as there is no undue burden on the right….

JUDICIAL STANDARDS OF REVIEW: 1. Reasonable classifications are okay.  There is some rational relationship to a legitimate government purpose. (e.g., retirement age) 2. Racial & ethnic classifications are inherently suspect.  Presumed invalid & upheld ONLY if there is a compelling government interest 3. Gender classifications – medium scrutiny  Must be a “substantial” relationship with a legitimate government purpose

OTHER MINORITIES Benefit from Af. Am. push for civil rights Native Americans – citizenship; right to vote in 1924 Hispanic Americans – largest minority Over 400 million; over half are Mexican-Am. 3 million Cubans; 1 million Puerto Ricans Political clout rising Asian Americans – fastest growing minority Internment camps WWII; Korematsu v. U.S. Americans with Disabilities Act, 1990

Affirmative Action Affirmative action is moving beyond equal opportunity to equal results--providing compensation to a discriminated group. Efforts to bring about increased employment, promotion, or admission (think college!) for members of discriminated groups Federal gov’t mandate to all state and local gov’ts, and all institutions that received aid from or contracted with the federal government reverse discrimination Has provoked reverse discrimination charges: Regents of U of California v. Bakke. Bakke denied admittance based on strict quotas on race although he had higher test scores, etc. no more strict quotas SCOTUS favored Bakke, no more strict quotas, but race can be a factor in the selection process.

Affirmative Action University of Michigan Cases In both U of MI cases, merit was not the deciding factor in the admissions process Both applicants rejected for minorities with lower GPA’s and test scores Gratz v. Bollinger, 2002 Gratz v. Bollinger, 2002 Undergrad admissions process automatically gave 20 out of 100 points to minorities….even more than given for perfect SAT, academic excellence, leadership, etc. 6-3 ruling that Gratz’s rejection was result of race based quota policy prohibited by 14 th Amendment Grutter v. Bollinger, 2003 U of MI law school used race as one of many factors for determining admission This practice upheld; Grutter’s rejection upheld