Chapter 5 Civil Rights

Equality Does the Constitution guarantee equality? NO – only equal protection of the law (14th Amendment) Traditionally – we come to believe in equal opportunity not equal results

Equal Protection of the Law Standards of review for equal protection clause: All classifications MUST meet compelling government interest. Race – Suspect Gender - Somewhat suspect Other (ex. Age, wealth) – Is it reasonable?

Race 3 Era’s Slave Era (until 1865) Reconstruction and resegregation (1865-1954) Jim Crow, Poll Taxes, Literacy Tests, All white primaries, Plessy v. Furguson (1896) Civil Rights-Present (1954-today)

Civil Rights Era 1954 – Brown v. Board of Education – Set aside precedent in Plessy – School segregation inherently unconstitutional due to 14th Amendment De jure Segregation – By Law De facto Segregation – in reality School Bussing – Obligation to racially balance schools that were imbalanced due to past policies. Swann v. Charlotte-Mecklenberg County Schools – Schools can bus to achieve balanced schools but courts cannot ORDER it.

Civil Rights Act (1964) Segregation illegal in public accommodations (even privately owned) Forbade discrimination in employment (race, national origin, gender, religion) Made possible due to shifting public opinion – media highlighted struggle to otherwise disaffected people

Affirmative Action Institutional efforts to diversify race and gender Proactive steps taken hire minority contractors or employees, admit minority candidates to schools etc. LBJ – “You do not take a man who has been hobbled by chains, liberate him, bring him to the starting line of a race, saying ‘you are free to compete...and believe you have been completely fair.” Controversial from the start

Affirmative Action University of Calif. V. Bakke (1978)- Affirmative action constitutional if past discrimination and compelling public interest BUT hard Quotas ARE NOT constitutional. Race or ethnic background CAN be one element in the selection process. Gratz v. Bollinger (2003) – Struck down U. of Michigan affirmative action program. Schools must show program narrowly tailored to achieve a compelling interest, not a blanket advantage to race/ethnicity.

Voting 15th Amendment – White Primary (Smith v. Allwright) unconstitutional 24th Amendment – prohibited poll taxes Voting Rights Act (1965) - strengthened voting rights, outlawed literacy tests, registered African Americans in districts with low registration, changes gerrymandering rules to eliminate segregated results

Women 19th Amendment – Female Suffrage 1920-1960 – Little Progress Reed v. Reed (1971) 1st time court strikes down “arbitrary” gender based classification as violation of equal protection clause.

1963 – Congress passes the equal pay act. Betty Friedan – Feminine Mystique 1966 - National Organization of Women (NOW) 1972 - Title IX – outlaws all discrimination in and educational program receiving federal funding Included sports = huge increase in college level female athletes

Equal Rights Amendment Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. Introduced to Congress 1923. Passed in 1972 35 of 38 states ratified it. Fails

Gay Rights Historically, courts upheld anti-sodomy statutes Lawrence v Texas (2003) – Laws that single out gays and lesbians violates equal protection clause 1996 – Defense of Marriage Act – States need not recognize same-sex unions from other states 2004 Ballot initiatives in states to define marriage between one man and one woman Calls for constitutional amendment Public opinion radical reversal Obergefell v. Hodges – 2015 Right to marry is guaranteed by 14th Amendment

Gays in the Military 1992 – Don’t Ask, Don’t Tell – didn’t overturn ban – Gays had to keep their sexual orientation secret 2010 – Congress (and Obama) reverse century old ban on gays in the military Homosexuality IS NOT a federally protected class in private employment

Other Groups Hispanic Americans -