Civil Rights Women’s Rights Chapter 6 Pearson Education, Inc. © 2008 American Government: Continuity and Change 9th Edition to accompany Comprehensive, Alternate, Texas, and Essentials Editions O’Connor and Sabato

Civil Rights  Refers 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

Women’s Victories in Civil Rights  19 th Amendment (1920) guaranteed women the right to vote  Title 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

Statutory Remedies for Sex Discrimination  Title VII: prohibits discrimination by private and (after 1972) public employers  Key victories under Title VII: Consideration of sexual harassment as sex discrimination Allowance of voluntary affirmative action programs to redress historical discrimination against women

Violations of the Fourteenth Amendment Single-sex public nursing schools Laws that consider males adults at 21 but females at 18 Laws that allow women but not men to receive alimony Virginia’s maintenance of an all-male military college  Contrast: Court has upheld the following: Draft registration provisions for males only State statutory rape laws that apply only to female victims

Civil Rights Race Chapter 6 Pearson Education, Inc. © 2008 American Government: Continuity and Change 9th Edition to accompany Comprehensive, Alternate, Texas, and Essentials Editions O’Connor and Sabato

Civil Rights  Refers 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

The 1850s: The Calm Before the Storm  Dred Scott decision Found that Missouri Compromise was unconstitutional Slaves were not U.S. citizens and could not bring suits in federal court

The Civil War and Its Aftermath: Civil Rights Laws and Constitutional Amendments  Civil War Amendments Thirteenth: Specifically bans slavery in the United States  Ratified by Southern states as a condition of their readmission to the Union after the war  Used black codes to restrict opportunities for newly- freed slaves Fourteenth: Guarantees equal protection and due process of the laws to all U.S. citizens  Equal Protection Clause Brown vs. Board Baker vs. Carr Regents of the University of California vs. Bakke Fifteenth: Gave African American men the right to vote

Civil Rights, Congress, and the Supreme Court  Jim Crow laws Passed by southern states, these laws discriminated against blacks by creating “whites only” schools, theaters, hotels and other public accommodations  Civil Rights Cases (1883) The Supreme Court decided that discrimination in a variety of public accommodations (theaters, hotels, and railroads) could not be prohibited by the act because it was private, not state, discrimination. Moral reinforcement for the Jim Crow system

Civil Rights, Congress, and the Supreme Court  Southerners had to avoid the intent of the 15 th Amendment.  Poll taxes  Property requirement  Literacy or understanding tests  Grandfather clause  White Primaries

A New Move for African American Rights  Rosa Parks challenged segregated bus system Was arrested for violating Alabama law banning integration of public facilities, including buses  Initiated boycott of buses  Martin Luther King, Jr. a new, 26-year old minister, selected to lead the newly formed Montgomery Improvement Association  Montgomery officials and businesses began to harass African Americans  Court ordered that city buses must integrate  Emergence of nonviolent protest in civil rights movement

Civil Rights Act of 1964  Leading 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)

Civil Rights Act of 1964  The 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. Prohibited discrimination in employment on grounds of race, color, religion, and national origin, or sex.

Voting Rights Act of 1965  The legislation, once passed… Eliminated restrictions used against African Americans, to keep them from voting  Property requirement  Literacy or understanding tests  Grandfather clause  White Primaries  Poll Taxes

Civil Rights Equal Protection Clause Chapter 6 Pearson Education, Inc. © 2008 American Government: Continuity and Change 9th Edition to accompany Comprehensive, Alternate, Texas, and Essentials Editions O’Connor and Sabato

The Equal Protection Clause and Constitutional Standards of Review  14 th Amendment protects all U.S. citizens from state action that violates equal protection of the laws. Rational basis or minimum rationality test Heightened standard required when  First Amendment rights or suspect classifications such as race are involved Suspect classification: category or class, such as race, that triggers the highest standard of scrutiny from the Supreme Court  Strict scrutiny Heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice  Korematsu v. U.S. (1944)  Brown v. Board of Education (1954)

Continuing Controversies in Civil Rights  Affirmative Action Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group However, quotas are unconstitutional. In addition if race, gender, or SES cannot be the deciding factor for enrollment or employment U of Cal vs. Bakke case

Affirmative Action Discussion  Should race/gender be taken into account for college admissions or job opportunities?  Should merit/credentials be the only reason for college admissions or job opportunities?  Is there anything else that should be taken into account for college admissions or job opportunities?

Overriding Questions 1.How are the Courts responsible for social change/civil rights? 2.How are the Courts responsible for changing federalism? 3.How are the Courts responsible for the expansion of civil liberties? 4.How has the role of the Court changed since the Founding?