Political Science American Government and Politics Today Chapter 5 Civil Rights: Equal Protection

Civil Rights All rights rooted in the Fourteenth Amendments’ guarantee of equal protection under the law what the government must do to ensure equal protection what the government must do to ensure freedom from discrimination 5-1

The Constitution and Slavery In apportioning congressional representation based on population, the constitution refers to free persons and “other persons” (or slaves) For purposes of representation, a slave was equal to 3/5 of a free person Supreme Court confirms constitutionality of slavery in Dred Scott v. Sanford (1847) 5-2

The Civil War Amendments Thirteenth Amendment (1865) – neither slavery nor involuntary servitude shall exist in the United States’ Fourteenth Amendment (1868) – all persons born or naturalized in the United State are citizens 5-3

The Civil War Amendments (cont.) states cannot abridge the privileges or immunities of citizens all persons (whether or not they are citizens) are entitled to due process all persons are entitled to equal protection Fifteenth Amendment (1870) – the right to vote shall not be denied because of race, color or previous condition of servitude 5-3b

Key Points of the Civil Rights Acts of 1865 to 1875 The First Civil Rights Act extended citizenship to anyone born in the United States gave African Americans full equality before the law authorized the president to enforce the act through use of force The Enforcement Act of 1870 set out specific penalties for interfering with the right to vote 5-4

Key Points of the Civil Rights Acts of 1865 to 1875 (cont.) The Anti-Ku Klux Klan Act (1872) made it a federal crime to deprive an individual of his or her rights The Second Civil Rights Act (1875) everyone is entitled to equal enjoyment of public accommodation and places of public amusement imposed penalties for violators 5-4b

The Civil Rights Act were nullified (rendered void) through The Civil Rights Cases (1883) the Supreme Court rules that the 14th amendment only prevents official discriminatory acts by states, not by private individuals 5-5

The Civil Rights Act were nullified (rendered void) (cont.) Plessy v. Ferguson (1896) stated that segregation did not violate the 14th amendment established the separate-but-equal doctrine paved the way constitutionally for a system of racial segregation developed, especially in the South 5-5b

Barriers to voting by African Americans the white primary – a state primary election in which only whites may vote allowed because Southern politicians claimed political parties were private entities was outlawed by the Supreme Court in 1944 (Smith v. Allwright) 5-6

Barriers to voting by African Americans (cont.) grandfather clause – restricting voting to individuals who could prove that their grandfathers had voter prior to 1867 was used to exempt whites from poll taxes was used to exempt whites from literacy tests poll taxes – required the payment of a fee to vote 5-6b

Barriers to voting by African Americans (cont.) intended to disenfranchise poor African Americans was outlawed in national elections by the 24th amendment was outlawed in all elections by the Supreme Court in 1966 literacy tests -- required potential voters to read, recite or interpret complicated texts intended to disenfranchise African Americans 5-6c

Ending Legal Segregation Brown v. Board of Education of Topeka (1954) – Supreme Court rules public school segregation violates the 14th amendment overturns Plessy v. Ferguson Brown v. Board of Education (1955) – orders desegregation “with all deliberate speed” Court –ordered busing – transporting African American children to white schools and white children to African American schools 5-7

Modern Civil Rights Legislation Civil Rights Act of 1964 forbade discrimination on the basis of race, color, religion, gender and national origin in voter registration public accommodations public schools 5-8

Modern Civil Rights Legislation- (cont.) expanded the power of the Civil Rights Commission withheld funds from programs administered in a discriminatory way established the right to equality of opportunity in employment (created the EEOC) Civil Rights Act of 1968 forbade discrimination in housing 5-8b

Modern Civil Rights Legislation (cont.) Voting Rights Act of 1965 outlawed discriminatory voter registration tests authorized federal registration and administration of voting where discrimination took place resulted in massive voter registration drives of African Americans in the South 5-8c

Women’s Struggle for Equal Rights Women’s Suffrage Movement was connected to the abolition movement suffragists organized the first women’s right convention at Seneca Falls, NY in 1848 established women’s suffrage associations finally won passage of the Nineteenth Amendment in 1920 5-9

Women’s Struggle for Equal Rights (cont.) The Modern Women’s Movement spurred in by the publication of Betty Friedan’s The Feminine Mystique ( 1963) connected to the Civil Rights Movement of the 1960’s argued for ratification of the Equal Rights Amendment failed to win the necessary states for ratification 5-9b

Women’s Struggle for Equal Rights (cont.) has targeted gender discrimination by challenging policies and laws in federal courts has advocated and encouraged an increasingly prominent role for women in government and politics 5-9c

Gender Based Discrimination in the Work Place gender discrimination – any practice, policy or procedure that denies equality of treatment to an individual or group because of gender prohibited by Title VII of the Civil Rights Act of 1964 applies even to “protective policies,” policies designed to protect women of child-bearing age 5-10

Gender Based Discrimination in the Work Place (Cont.) sexual harassment – unwanted physical or verbal conduct or abuse of a sexual nature that interferes with a recipient’s job performance OR creates a hostile environment carries and implicit or explicit threat of adverse employment consequences 5-10b

Gender Based Discrimination in the Work Place (cont.) wage discrimination – women earn 76 cents for every $1.00 earned by men the glass ceiling – the phenomenon of women holding few of the top positions in professions or businesses 5-10c

Affirmative Action a policy in educational admissions or job hiring gives special consideration or compensatory treatment to traditionally disadvantaged groups is an effort to overcome present effects of past discrimination 5-11

Obstacles to Affirmative Action Regents of the University of California v. Bakke (1978) – a reverse discrimination case; the Supreme Court ruled that using race as the sole criterion for admission to a university is improper Adarand Constructors, Inc. v. Pena (1995) - Affirmative action programs cannot use quotas for unqualified persons 5-12

Obstacles to Affirmative Action (cont.) The Supreme Court let the decision stand in Hopwood v. State of Texas (1996) – a federal appellate court ruled that the use of race as a means of achieving racial diversity undercuts the 14th amendment California Proposition 209 ended all state-sponsored affirmative action programs in the state 5-12b

Elderly Population by Age 5-14

Special Protection for Older Americans Population Projections Attempts to Protect Older Americans Age Discrimination in Employment Act of 1967 – prohibits discrimination on the basis of age unless age is shown to be a bona fide occupational qualification Mandatory Retirement – is prohibited in most occupation by an amendment to the ADEA (1978) 5-13

Securing Rights for Persons with Disabilities The Americans with Disabilities Act of 1990 requires all public buildings and services be accessible to persons with disabilities requires employers make reasonable accommodations for people with disabilities defines “disabilities” as physical or mental impairments that substantially limit everyday activities In Bragdon v. Abbott (1998) the Supreme Court ruled that an HIV infection falls under the protection of the ADA 5-15

The Rights and Status of Gay Males and Lesbians in decades past, most states had anti-sodomy laws most laws now have been repealed the Supreme Court upheld a law in Bowers v. Hardwick (1986) that made homosexual conduct between two adults a crime 5-16

The Rights and Status of Gay Males and Lesbians (cont.) in Romer v. Evans (1986) the Supreme Court ruled that a Colorado amendment that invalidated state laws protecting homosexuals violated the equal protection clause now 11 states and 165 municipalities have laws that protect gay men and lesbians from discrimination 5-16b

The Gay Community and Politics Gay Men and Lesbians in the Military 1993 Clinton administration policy was characterized as “don’t ask, don’t tell” Supreme Court will likely rule on the issue Same-sex marriages the Hawaii Supreme Court ruled that denying marriage licenses to gay couples might violate the equal protection clause of the state constitution 5-17

The Gay Community and Politics (cont.) in a referendum, voters in Hawaii opposed allowing same-sex marriages the Vermont legislature has passed a law allowing same-sex “civil unions” Child Custody and Adoption courts now no longer deny custody or visitation to persons solely on the basis of sexual orientation 5-17b

The Rights and Status of Juveniles parents are viewed as protectors of children’s rights the 26th amendment grants 18 - 21 year olds the right to vote most contracts entered into by minors cannot be enforced parents can be held liable for minor’s negligent actions 5-18

The Rights and Status of Juveniles (cont.) minors are sometimes viewed as incapable of criminal intent when minors are tried as adults, they are afforded the same protections, but are subject to adult penalties (including the death penalty) 5-18b