Civil Rights and Equality

Civil Rights Positive Rights. Powers of privileges guaranteed to the individual and protected from arbitrary removal at the hands of the government or other individuals.

Equal Protection Under the Law The Civil War Amendments (13, 14, 15) were adopted to provide freedom and equality to black Americans. 13th – Made slavery illegal in the United States. 14th – Provided that freed slaves were American citizens, and extended Constitutional protections to state governments. 15th - Barred states from using race to block citizens from voting.

Equal Protection Under the Law Black Codes – In the years immediately after the Civil War, the former slave states enacted a series of laws to restrict the freedom of former slaves. Examples - “vagrancy” laws made it a crime to be without a job. -”apprenticeship” laws denies blacks a free choice over employers. The Supreme Court in 1873 ruled that the Civil War Amendments had not changed the relationship between the state and national governments – according to the Court, the 14th Amendment did not require the states to honor the rights guaranteed by US citizenship.

Equal Protection Under the Law In response to the Black Codes, the Congress passed the Civil Rights Act of 1866 in an effort to protect black Americans from the southern state courts. In 1875 another Civil Rights Act was passed to ensure the right to equal access to public accommodations (parks, theaters, etc.) This was struck down by the courts in 1883 – they said the government could only prohibit government actions that discriminated against blacks – discrimination by private companies and individuals was beyond their jurisdiction. The court’s actions opened the way for other efforts to bar blacks from voting – the poll tax, literacy tests, educational requirements, and the grandfather clause.

Equal Protection Under the Law Racial Segregation Since before the war, racial segregation was a fact of life in the south. Once the Supreme Court ruled against the Civil Rights Acts, Jim Crow laws became commonplace. Jim Crow laws legislated segregation – in housing, medical care, cemeteries, drinking fountains and toilets, schools, transportation, and public spaces like parks. Then, in 1892, in Plessy v. Ferguson, the courts established the separate but equal doctrine.

Equal Protection Under the Law Separate but Equal lasted until 1954, when the Warren Court struck it down in Brown v. Topeka Board of Education. In Brown, the court ruled that state sanctioned segregation of public schools violated the 14th amendment, and was therefore unconstitutional.

Rights for Women - Protectionism Until the 1970’s, laws regarding the civil rights of women were based on the belief that women must be protected from life’s cruelties. In Bradwell v. Illinois (1873) the Supreme Court upheld an Illinois law that prevented women from practicing law. In Muller v. Oregon (1908) the Court upheld an Oregon law limiting the number of hours women could work outside the home.

Rights for Women - Protectionism In 1991, the Supreme Court struck down a company’s fetal protection policy, which prohibited women of child-bearing age to work with hazardous chemicals. “Women as capable of doing their job as their male counterparts may not be forced to choose between having a child and having a job.”

Rights for Women – Political Equality With few exceptions, women could not vote until 1920. In Minor v. Happersett (1875) the court held that the 14th Amendment’s privileges and immunities clause did not confer the right to vote on all citizens or require that states allow women to vote. 1878 Susan B. Anthony convinced a CA Senator to introduce an amendment to the Constitution that would require states to let women vote. 1917 – 218 women were arrested for picketing outside the White House for the right to vote. The 19th Amendment was adopted in 1920.

Rights for Women - Discrimination 1963 Equal Pay Act – required equal pay for men and women doing similar work. However, state protectionist laws still restricted women to jobs that men didn’t generally take.

Rights for Women – Title VII Title VII of the 1964 Civil Rights Act originally prohibited employment discrimination on the basis of race, color, religion, or national origin – but not gender. Rep. Howard Smith (D – VA) proposed an amendment to prevent discrimination based on sex – in an attempt to make the bill unpassable. Rep. Martha Griffiths (D – MI) used his strategy against him, and supported the amendment and the act, both of which passed.

Rights for Women – Later Legislation Title IX of the Education Amendments of 1972 – Prohibits sex discrimination in federally aided education programs. Revenue Act of 1972 – Provided tax credits for child-care expenses. Lilly Ledbetter Act of 2007 – Supreme Court ruled in 2007 that a woman who learned of a pay disparity years after employment ended could not sue because the statute of limitations was 180 days. The Democratic-controlled Congress and President Obama then passed the Ledbetter Act, removing the statute of limitations and overturning the Supreme Court.