Equal Rights: Struggling toward Fairness Chapter 5

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law The Fourteenth Amendment: equal protection Equal-protection clause forbids states from denying equal protection Segregation in the schools Brown v. Board of Education of Topeka—banned forced segregation in schools Little change to segregation 15 years later Supreme Court encouraged busing as solution to segregation; highly controversial, mixed results © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law Judicial tests of equal protection Strict-scrutiny test Suspect category—assumed unconstitutional in the absence of an overwhelming justification Applies to race, ethnicity, etc. Intermediate scrutiny Almost suspect —assumed unconstitutional unless the law serves a clearly compelling and justified purpose; applies to gender Reasonable-basis test Not suspect category—assumed constitutional unless no sound rationale for the law can be provided; applies to age, income, etc. © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Insert Table 5-1 Levels of Court Review for Laws that Treat Americans Differently © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law The Civil Rights Act of 1964 Accommodations and jobs Public accommodations cannot refuse to serve customers based on race Most employers cannot refuse to consider applicants based on race © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law The black civil rights movement Impetus behind Civil Rights Act of 1964 Busing boycott led by Dr. Martin Luther King Jr. March on Washington for Jobs and Freedom Strong resistance to Civil Rights Act, but ultimately successful © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law The movement for women’s rights Seneca Falls Women acquire the right to vote in 1920 with Nineteenth Amendment The Equal Rights Amendment: passed Congress but failed ratification by states © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law Hispanic Americans and the farm workers’ strikes Strikes in 1960s and 70s, largely for migrant workers’ rights; most success in California Native Americans and their long-delayed rights Granted citizenship in 1924 Protests in 1970s; greater control over own affairs 1968 Indian Bill of Rights © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law Asian Americans and immigration Long tradition of immigration restriction, ended 1965 Some legal victories in field of education © 2014, McGraw-Hill Education. All Rights Reserved.

Insert Figure 5-1 The Changing Face of Immigration © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law The Voting Rights Act of 1965 Barring of whites-only primaries, 1940s Twenty-fourth Amendment prohibited poll taxes, 1960s Voting Rights Act of 1965 allowed federal agents to oversee voter registration States prevented from creating election districts that deliberately dilute the minority vote, or to give it control © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law The Civil Rights Act of 1968 Housing Prohibition of redlining © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. What’s Your Opinion? Should private discrimination be allowed? Should private country clubs and organizations be allowed to discriminate based on: Religion, race, color, ethnic background? Gender, age, income? Physical characteristics, sexual preference, lifestyles? © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law Affirmative action Focus on “equality of result” De facto discrimination Social, economic, cultural biases—discrimination De jure discrimination Specific law—discrimination © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Equality through Law Affirmative action Full and equal opportunities for all in education, employment, etc. Controversy over ends and means Affirmative action in law University of California Regents v. Bakke (1978) Adarand v. Pena (1995) © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. What’s Your Opinion? Which position on affirmative action programs comes closer to your own point of view? Keep them without rigid quotas? Phase them out? Don’t know or have an opinion? © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality African Americans Aftermath of the civil rights movement Continuing high disparity in income Discrepancies in convictions and sentencing High rate of dissolution of black families Movement into political office © 2014, McGraw-Hill Education. All Rights Reserved.

© 2014, McGraw-Hill Education. All Rights Reserved. Insert Figure 5-2 Percentage of Families Living in Poverty, by Family Composition © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Women Electoral and political successes Job-related issues Lack of job equality Family leave Gender pay equity Sexual harassment “Feminization of poverty” © 2014, McGraw-Hill Education. All Rights Reserved.

Insert Figure 5-3 Family Structure, by Race and Ethnicity © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Native Americans Suits to regain land Negative discrepancy in health, wealth, and education Casinos; rising income but controversial © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Hispanic Americans Immigration and legal residence issues Fastest growing minority; electoral success © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Asian Americans About 12 million Asian Americans Emphasis on academic achievement in Asian American communities Upwardly mobile group © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Gays and lesbians Legal victories: Romer v. Evans, Lawrence v. Texas Don’t Ask, Don’t Tell Repeal Act in 2010: gays and lesbians can now serve openly in the armed services © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Gays and lesbians Legal setbacks: Boy Scouts exclusion policy upheld Same-sex marriage legal in some states, but federal Defense of Marriage Act (DOMA) allows states to deny marital rights granted by other states © 2014, McGraw-Hill Education. All Rights Reserved.

Insert Figure 5-4 Opinions on Same-Sex Marriage, by Age © 2014, McGraw-Hill Education. All Rights Reserved.

The Continuing Struggle for Equality Other disadvantaged groups Older Americans Age Discrimination Act and Age Discrimination in Employment Act Disabled Americans Americans with Disabilities Act © 2014, McGraw-Hill Education. All Rights Reserved.

Discrimination: Surface Differences, Deep Divisions America’s high ideals often clash with its history Frequent tendency or desire to avoid retelling the negative aspects of American history © 2014, McGraw-Hill Education. All Rights Reserved.