Quote of the Day: “We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain inalienable rights…” -Declaration of Independence What does equality mean? -For the govt this is difficult to explain and enforce, ideas about it have changed over time. -Originally, the govt/courts upheld separate facilities for blacks and whites as long as they were equal a.k.a separate but equal doctrine Brown v. Board of Education reversed its decision, stating separate schools were inherently “unequal,” this led to integration of schools…today issues of equality are still being debated…

What is discrimination? -Laws discriminate by classifying people into groups, not all types of discrimination are illegal as long as their classification is reasonable - they do not violate the equal protection clause… Ex- In some states, you cannot drive until your 16… -This discriminated against younger people, but this classification is reasonable…thus it’s not unconstitutional Ex- What if the law required a person to be right handed in order to get a license? -This classification is unreasonable, thus it’s unconstitutional

Generally, laws will be challenged on equal protection grounds if they discriminate based on race, national origin, alienage, or sex, or if they affect a fundamental right… 14th Amendment -prohibits discrimination by state govt. 5th Amendment -prohibits discrimination by federal govt. * private acts of discrimination are not illegal, unless they are forbidden by a state, local, or federal law…to deal w/ private discrimination Congress has passed Civil Rights Laws…

A) Civil Rights Examples: -Freedom of 1. speech, 2. press, 3. assembly, 4. right to vote, 5. freedom from involuntary servitude, 6. and right to equality in public places… B) History… 13th Amen -> abolished slavery, but created “Black Codes” limiting civil rights of newly freed slaves 14th Amen -> provides equal protection under the law, reversed black codes

A) Rational Basis Test -Used to judge most cases. The law stands as long as it is reasonable i.e. rational relationship between the classification and the purpose of the law (age) + (prohibiting immature people from driving) - If it’s not reasonable, it violates equal protection. B) Strict Security Test -Used to judge cases (laws) of discrimination based on race, national origin, or alienage…these laws must show compelling interest requiring discrimination (i.e. classification) -This law helps to ensure that people are judges on their own merits, not as members of a group…

Ex of case (law) judged by this test: “Issuing drivers license to whites but not Blacks, Mexican- Americans Other Examples of laws judged by these tests: freedom of religion, right to travel (bus/alienage interstate travel) C) Substantial Relationship Test used to judge cases (laws) of sex discrimination - These laws must be more than reasonable to be protected… complicated…

How does the govt help those exposed to racial injustice while avoiding discrimination against others? (i.e. affirmative action) * How has the govt helped to remedy effect of discrimination?* 1) court ordered busing to achieve integrated schools 2) affirmative action programs to help disadvantaged get jobs/higher education * How were schools desegregated after the Brown case?* 1) students allowed to attend any school desired 2) redrawing of neighborhood school boundary lines 3) transferring teachers 4) developing magnet schools to attract racially mixed students 5) busing (1971 Supreme Court required it as a means of school integration)

* Pro-busing argument -requiring racially balanced schools helps provide an equal educational opportunity and qualify education for all students! * Opponents of busing argument - neighborhood schools are better cause kids will be in school w/ friends and close to home in case of an emergency. - Busing has caused white flight from city schools resulting in even more segregation!

Classification based on alienage treats people as members of a group rather than consider individual abilities and needs - Ex: laws that prohibits resident aliens from being lawyers/engineers or having govt jobs (All of which are illegal!)

1st women’s rights convention in 1848 in NY…women demanded political, social, and economic equality… 70 yrs later, in 1920 women got the right to vote with the 19 th amendment… Govt. slow to recognize gender discrimination as a problem… 1963 Congress passed the Equal Pay Act; illegal to pay women less then men for same job-however women still earn less than men… 1964 Civil Rights Act Title VII -prohibits discrimination by private co’s w/ more than 15 employees against women and minorities in all forms of employment (hiring firing, promoting, etc…)

1972 Title IX of Education Act of prohibits gender discrimination in most schools activities including curriculum, faculty, hiring, and student athletic programs…it increased female student participation in school sports…Must have female/male teams or let women in men teams…