Civil Rights

Civil rights Protect certain groups against UNreasonable discrimination Group is denied access to facilities, opportunities, or services available to others

Dred Scott Dred Scott (1857) moves to a free state w/his owner, tried to claim his freedom SC rules he is not a citizen, cannot sue, and is the property of his master (no matter what state they live in)

Plessy v. Ferguson (1896) Plessy is denied access to white portions of train Violates the 14th Equal Protection clause ? SC rules “separate but equal” facilities are constitutionally protected

Segregation Plessy leads to decades of legally separated facilities De Jure segregation – by law

Remember…. **This is the negative aspect of dual federalism aka layer cake!

Korematsu v. U.S. (1944) FDR’s executive order mandated that those of Japanese descent in western states must move to internment camps Korematsu refused!

Result SC said in time of war these measures are necessary 1983 conviction overturned – official apology – Medal of Freedom from Clinton

DEsegregating Schools Mendez v Westminster (1946): Mexican American students sue due to segregated schools, California courts order desegregation

Brown v. Board of Education, Topeka, Kansas (1954) Some schools were separate but UNequal. Other school districts, like the Topeka, Kansas, had gone out of their way to create equally funded black schools.

Separate but Equal?

Opinion Unanimous decision (9-0), overturned Plessy                                                                                             Opinion Unanimous decision (9-0), overturned Plessy Separate but equal is inherently unequal Segregation is detrimental

Brown II (1955) Linda Brown sought an enforcement order The Court ruled that desegregation must proceed with “all deliberate speed.”

Integration: De Facto segregation – by custom Is society today still segregated?

Busing Swann v. Charlotte Mecklenburg (1971): remedies may include racial quotas, redrawn district lines, and court-ordered busing Busing students between districts to force integration became common in 1970s, less common today Should schools force integration today?

Civil Rights Act of 1964 Prohibits discrimination in public places, schools, and work Remember: Heart of Atlanta Motel???

“Reasonable Discrimination” Age: often considered reasonable Driving limit Gender: sometimes reasonable Race: usually not reasonable

Protected Classes People protected from discrimination include minorities, women, those over 40, and the disabled.

Classifications: How do the courts determine what is reasonable? Strict scrutiny: racial classifications are inherently suspect and are upheld only if they serve a “compelling public interest.” Mid-level review: gender classifications must bear a substantial relationship to an important legislative purpose Rational basis test: reasonable, bearing a rational relationship to a legitimate governmental interest, age

Gender-Based Discrimination All-male draft is allowed Not upheld: 18 women can drink alcohol, boys must be 21

ERA Equal Rights Amendment: Equality of rights will not be denied or abridged on account of sex Nearly passes in 1972 – a few states short of ratification Do we need it today?

In 1994, women earned 43% of law degrees, compared with 7% in 1972. Title IX Outlaws discrimination based on sex in academics & sports In 1994, women received 38% of medical degrees, compared with 9% in 1972. In 1994, women earned 43% of law degrees, compared with 7% in 1972. In 1994, 44% of all doctoral degrees to U.S. citizens went to women, up from 25% in 1977.

Sexual Harassment Sexual favors for job benefits, promotions Hostile Environment - impairs one’s ability to work

Gays and the Constitution Romer v. Evans (1996): Colorado voters made it illegal to protect persons based on gay, lesbian or bisexual orientation; the Court overturns it Lawrence v. Texas (2003): The Court overturned a Texas law banning sexual conduct between persons of the same sex

The Americans With Disabilities Act (1990) Requires employers to make reasonable accommodations for disabled employees. This has given rise to two issues: What constitutes a disability? What is meant by a “reasonable” accommodation?