Civil Rights

What are civil rights? The rights of people to be treated without unreasonable or unconstitutional differences Suspect Classifications: Claims are raised when a group is denied access to facilities, opportunities, or services available to other groups based on race or ethnicity islamizationwatch.blogspot.com

What are civil rights? The issue is whether differences in treatment are reasonable – Strict Scrutiny: A SS test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal blogs.wsj.com

Equality Before the Law Insofar as the government and the law is concerned, all people should be treated equally Discrimination – unfair treatment base on prejudice against a certain group earnsomethingnewtoday.us

Equality Before the Law Prejudice – a biased opinion based one emotion, rather than reason Stereotype – an opinion or belief about people therword.org studio620.org

Equality Before the Law Affirmative Action – quotas set aside to try to make up for past discrimination Reverse Discrimination – discrimination against the current generation to make up for past mistakes abovethelaw.com filipspagnoli.wordpress.com

Equality Before the Law Segregation – social separation of the races Desegregation – to eliminate separating people on the basis of their skin color Racial Profiling – being singled out as suspects because of the way someone looks newsone.com sketchythoughts.blogspot.com

Equality Before the Law Fifth Amendment – due process clause – equal protection of the law Fourteenth Amendment – Section 1. 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.

Equality Before the Law Initially the 14 th Amendment (equal protection) was interpreted narrowly – Blacks could sign contracts, serve on juries, buy and sell property myslewski.com

Equality Before the Law Plessy v Ferguson - “if one race be inferior to the other socially, the Constitution of the United States cannot put them on the same plane.” Hotels, trains, busses, bathrooms, restaurants, schools all were segregated frenchcreoles.com

Equality Before the Law Thirteenth Amendment - Neither slavery nor involuntary servitude...shall exist within the United States Fifteenth Amendment - Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Civil Rights

Equality Before the Law Plessy v Ferguson – Separate but equal division of the races Brown v Topeka Board of Ed – 1954 – separation is inherently unequal people.vcu.edu Sodahead.com

Equality Before the Law Civil Rights Act 1964 – forbade the use of federal funds to any state or locality where racial segregation was practiced Civil Rights Act 1968 – forbids anyone to refuse to sell or rent a dwelling based on discriminatory practices boston.com dennisnorman.com

The Black Predicament In areas that voting was possible, blacks lacked organizational and institutional support to influence political elections In areas where opponents felt threatened by black demands, blacks were denied access to voting and the political system nelson.usf.edu alpharettaushistory.pbworks.com

Strategies : Stopping the Black Vote Literacy tests – a large proportion of slaves were illiterate Grandfather clause – a person could vote, even if they could not meet some of the prior conditions, if their ancestors voted before 1867 popehousemuseum.org Jonas Pope’s 1851 Freedman Papers

Strategies : Stopping the Black Vote Poll tax – majority of former slaves were poor Limits on primary elections – late19 th and early 20 th century Democratic primary elections were the only meaningful election in the South domeontherange.org Wisconsin - Requiring Identification to vote??

The Black Predicament Because of the inability of blacks to advance a legislative strategy (little support from white politicians) African-Americans had to develop alternative strategies 1. Blacks organized and publicized their grievances through the civil rights movement – demonstrated the denial to blacks of commonly accepted civil liberties – marches, sit-ins, and protests – peaceful demonstrations to maintain the moral high ground blogthought.wordpress.com mahablog.com

Separate But Equal – The Courts NAACP strategy went through a series of stages: Step 1: obvious inequalities, addressed in 1938–1948 cases – pg. 129 court cases Step 2: deciding that separation creates inequality in less obvious cases Step 3: declaring that separation is inherently unequal - Brown v. Board of Education 2. Blacks advance civil rights issues through the court s

Brown v. Board of Education Unanimous Supreme Court opinion overturned Plessy Segregation is detrimental; creates sense of inferiority in African American students The Court relied on SOCIAL SCIENCE - the Fourteenth Amendment was not necessarily intended to abolish segregated schools, and the Court sought a unanimous opinion drkwaku.wordpress.com nytimes.com

Brown v. Board of Education Segregated education is bad because it “has a detrimental effect upon the colored children” – it generates a “feeling of inferiority……” Continued debate whether the 14 th Amendment was intended to outlaw segregated schools exlibhollywood.blogspot.com

Brown v. Board of Education

Desegregation v. Integration Swann v. Charlotte Mecklenburg (1971) Charlotte-Mecklenburg, North Carolina, was a system in which approximately 14,000 black students attended schools that were either totally black or more than 99 percent black. The Court held that once violations of previous mandates directed at desegregating schools had occurred, the scope of district courts' equitable powers to remedy past wrongs were broad and flexible. swannfellowship.org

Desegregation v. Integration To violate the Constitution, a school system by law, practice, or regulation must have engaged in discrimination ” Remedies may include racial quotas, redrawn district lines, and court- ordered busing nola.com

Desegregation v. Integration Inter-city busing could be authorized only if both the city and the suburbs had practiced segregation Busing remains controversial – “white flight” cofcc.org

The Campaign for Civil Rights Civil Disobedience – opposing a law that one considers to be unjust by peacefully disobeying it and accepting the resultant punishment Sit-ins and freedom rides, voter registration efforts – role of the media ellabakercenter.org

The Campaign for Civil Rights Martin Luther King, Jr., Rosa Parks— Montgomery bus boycott From nonviolent civil disobedience to the “long, hot summers” of racial violence (1964–1968)

Passage of Civil Rights Legislation Changing public opinion – shift in popular approval of at least the principles of civil rights Violent reactions by white segregationists were vividly portrayed by the media – murders of civil rights workers blackpast.org

Passage of Civil Rights Legislation

The assassination of President Kennedy helped build support for President Johnson’s civil rights bill Landslide election of 1964 sent huge Democratic majorities to the House and Senate – northern democrats could out vote or out maneuver the south Growing political strength of southern blacks wn.com

Affirmative Action Affirmative action: preferential hiring and admission practices to remedy discrimination Bakke (1978): numerical minority quotas are not permissible except in the most compelling of reasons, but race can be considered thecarverfiles.com

Affirmative Action Adarand Constructors v. Pena (1995)—any racial classification is subject to strict scrutiny The Court held that all racial classifications, whether imposed by federal, state, or local authorities, must pass strict scrutiny review. In other words, they "must serve a compelling government interest, and must be narrowly tailored to further that interest." The Court added that compensation programs which are truly based on disadvantage, rather than race, would be evaluated under lower equal protection standards. However, since race is not a sufficient condition for a presumption of disadvantage and the award of favored treatment, all race-based classifications must be judged under the strict scrutiny standard. Moreover, even proof of past injury does not in itself establish the suffering of present or future injury.

Affirmative Action Gratz v. Bollinger (2003) – overturned a University of Michigan admissions policy that gave “bonus points” to Black, Hispanic and Native American applicants to the undergraduate program Grutter v. Bollinger (2003) upheld a University of Michigan Law School admissions policy that used race as a “plus factor” but not as part of a numerical quota

Women Issues

Gender-Based Discrimination Woman had to argue against traditions that claimed to be protecting them – weaker sex – male v female roles in society Reed v Reed - After the death of their adopted son, Sally and Cecil Reed sought to be named the administrator of their son's estate; the Reeds were separated. The Idaho Probate Court specified that "males must be preferred to females" in appointing administrators of estates, so Cecil was appointed administrator. In a unanimous decision, the Court held that the law's dissimilar treatment of men and women was unconstitutional. First time that the equal protection clause of the 14 th Amendment was applied to women

Gender – Based Discrimination Reasonableness standard versus strict scrutiny - Court chooses a blend— more than reasonable but not as much as strict scrutiny Some gender-based differences are allowed by courts See examples on pg. 141 themuslimwoman.org

Sexual Harassment Quid pro quo: sexual favors are required as a condition for holding a job or for promotion; employers are strictly liable Hostile environment: creating a setting in which harassment impairs a person’s ability to work; employers are liable if they were negligent Inconsistent court decisions - p. 142 womenover40health.com

Privacy Issues Regulating sexual matters is traditionally a state function, under the exercise of the police powers Griswold v Connecticut - In 1965, Supreme Court held that states could not prevent the sale of contraceptives. Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations.

Privacy Issues Justice John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the 14 th Amendment For the most part, the Court has made these later rulings on the basis of Justice Harlan's substantive due process rationale. pptsearch.net

Privacy Issues 9 th Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. additional rights not listed in the Constitution (right to privacy) Combined with the 14 th Amendment – violation of the due process clause - judicial activismadding rights that do not exist? farleftcoast.org

Privacy Issues Freedom to marry the person of your choice Freedom to travel Freedom to a free education Freedom to work at any job Freedom to live wherever you choose hakeekat.com culturewav.es

Abortion Roe v. Wade: struck down a Texas ban on abortion (and all similar state laws) Woman’s freedom to choose is protected by the 14 th Amendment – substantive due process clause The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling. connect.in.com blog.pennlive.com

Abortion Webster (1989): The Court upheld some restrictions on abortions – limited the use of state funds Casey decision (1992) does not overturn Roe but permits more restrictions: 24-hour wait, parental consent, pamphlets about alternatives healthlawblog.blogspot.com

Gays and the Constitution Bowers v. Hardwick (1986): Georgia was allowed to ban homosexual sexual activity Romer v. Evans (1996): Colorado voters had adopted state constitutional amendment making it illegal to protect persons based on gay, lesbian or bisexual orientation; the Court overturns it under the equal protection clause of the 14 th Amendment - "If the constitutional conception of 'equal protection of the laws' means anything, it must at the very least mean that a bare desire to harm a politically unpopular group cannot constitute a legitimate governmental interest."

Gays and the Constitution Lawrence v. Texas (2003): The Court overturned a Texas law banning sexual conduct between persons of the same sex - "Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government," humancritics.com

Gays and the Constitution Defense of Marriage Act – 1996 – no state would have to give legal status to a same-sex marriage performed in another state – defined marriage as a lawful union between a husband and a wife In Massachusetts, Connecticut, Iowa, and Vermont, marriages for same sex couples are legal and currently performed.MassachusettsConnecticutIowaVermont In New Hampshire, same-sex marriages will begin on January 1, 2010.New Hampshire States which previously allowed same-sex marriage: In California, same-sex marriages were performed between June 16, 2008 and November 4, The marriages that were performed during this period are still recognized. On October 12, 2009, Governor Schwarzenegger signed SB 54 allowing same-sex marriages from other states or foreign countries performed on or before November 4, 2008, to be recognized as well.California States which recognize same-sex marriage but do not grant same-sex marriage certificates: In New York and Washington, D.C., same-sex marriages from other states or foreign countries are recognized but they are not performed.New YorkWashington, D.C.