Civil Rights: Overview October 10, 201

Civil Rights and Civil Liberties Civil rights is the protection of the individual from arbitrary or discriminatory acts by government or by other individuals based on an individual’s group status, such as race or gender. Whereas civil liberties issues involve individual rights, civil rights issues concern group rights.

Status of women and African Americans What was the status of women and African Americans in the original Constitution?

Slavery in Early America The original Constitution failed to grant the full rights of citizenship to either women or African Americans. Women could not vote in 1787. Most blacks were slaves when the Constitution was written and the document acknowledged and legitimized slavery.

Women’s Suffrage Women won the right to vote with the ratification of the Nineteenth Amendment in 1920. However, women were excluded from many professions and most leadership roles in society until quite recently.

The Constitution is NOT colorblind. Thirteenth Amendment Constitutional amendments adopted in the immediate aftermath of the Civil War were designed to change the status of African Americans in the United States. The Thirteenth Amendment ended slavery. The Constitution is NOT colorblind. NOTE: The 13th, 14th, and 15th Amendments were adopted specifically to protect the rights of African Americans.

The Fourteenth Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Note: The Fourteenth Amendment protects the rights of persons, not just citizens.

The Fifteenth Amendment gave freed blacks the right to vote. Note

Equal Protection

Equal Protection and the Courts Although the Fourteenth Amendment guarantees individuals equal protection under the law, the U.S. Supreme Court has never required that laws deal with everyone and everything in precisely the same fashion.

Suspect Classifications The Supreme Court has ruled that policy distinctions among persons based on their race, ethnicity, national origin, religion, and citizenship status are suspect classifications, distinctions among persons that must be justified on the basis of a compelling government interest. This is a very high standard to meet.

Gender-based distinctions The Court has ruled that the government must offer an "exceedingly persuasive justification" that gender-based distinctions are necessary to achieve some "important governmental objective."

Other Classifications The government need only demonstrate some "reasonable basis" in order to justify public policies that distinguish among persons on the basis of such factors as relative wealth, physical ability, marital status, residency, or sexual orientation.

What is the standard? A state limits adoption to married couples. Compelling governmental interest? Exceedingly persuasive justification? Or reasonable basis? What is the standard? A state limits adoption to married couples. A state limits adoption to the same race/ethnicity. A state restricts jury duty to males. A state limits marriage to opposite-sex couples. A state limits marriage to couples of the same race. A state restricts foster parenting to non-smoking couples. A city requires that police officers and fire fighters live within the city limits. The TSA requires employees be American citizens. Remember: race, ethnicity, national origin, religion, and citizenship status are suspect classifications.

Compelling governmental interest. Exceedingly persuasive justification Compelling governmental interest? Exceedingly persuasive justification? Or reasonable basis? What is the standard? A school district creates a set of single-gender schools. A public university limits enrollment to men. A school district fires a teacher after he begins cross-dressing in anticipation of gender reassignment surgery. A state issues professional licenses only to U.S. citizens. A city gives preference to minority applicants for police and fire positions. A school district only hires teachers who do not smoke. A school district requires that the student homecoming king and queen be from the same racial/ethnic group. The city parks department only hires in-shape people as recreation center employees.

What You Have Learned What was the status of women and African Americans when the Constitution was written? How did the Civil War amendments and the 19th Amendment change that status? What are suspect classifications? What is the standard the court uses to determine the constitutionality of restrictions based on gender? How about other factors, such as marital status and sexual orientation?