5 Civil Rights AP Images/St. Louis Post-Dispatch, Robert Cohen RACIAL EQUALITY REMAINS A CONTENTIOUS ISSUE Individuals’ civil rights and police officers’ attempts to maintain order often come into conflict. A protestor in Ferguson, MO throws a tear gas container back at police in 2014. AP Images/St. Louis Post-Dispatch, Robert Cohen

5.1 Who was Elizabeth Cady Stanton? Bettmann/Corbis Elizabeth Cady Stanton was one of the founders of the woman suffrage movement. She was also a key organizer of the first woman's rights convention at Seneca Falls, New York, in 1848. Though she never lived to exercise her right to vote, the actions of Stanton and her fellow suffragists, including Lucretia Mott (seated behind her on the podium) and Susan B. Anthony, paved the way for the ratification of the Nineteenth Amendment. Bettmann/Corbis

The 1850s: The Calm Before the Storm 5.1 The 1850s: The Calm Before the Storm By the 1850s, slavery was continuing to tear the nation apart. Harriet Beecher Stowe wrote Uncle Tom's Cabin, a novel depicting the evils of slavery. It sold more than 300,000 copies, prompting President Abraham Lincoln to later call Stowe 'the little woman who started the big war.' The controversy over the book had not yet faded when the Supreme Court ruled that the Missouri Compromise, which put a geographical limit on the spread of slavery, was unconstitutional. The Court further ruled in Dred Scott v. Sandford that slaves were not U.S. citizens and, as a consequence, could not bring suits in federal court. Uncle Tom's Cabin Harriet Beecher Stowe 'The little woman who started the big war' Dred Scott v. Sandford (1857) Missouri Compromise declared unconstitutional Declared slaves were not U.S citizens

5.1 The Civil War and Its Aftermath: Civil Rights Laws and Constitutional Amendments When President Abraham Lincoln issued the Emancipation Proclamation, it freed only the slaves who lived in the Confederacy. Complete abolition of slavery didn't come until the ratification of the Thirteenth Amendment following the end of the Civil War. But the amendment was weakened by the laws, called Black Codes, that Southern states passed to restrict opportunities for newly freed slaves. Those laws prohibited African Americans from voting, sitting on juries or even appearing in public in some cases. The Fourteenth Amendment guaranteed citizenship for all newly freed slaves, and included the "equal protection clause," which prohibits states from denying any person equal protection of the laws. Congress also passed the Fifteenth Amendment, which guaranteed newly freed male slaves the right to vote. Women were not included. An outraged Susan B. Anthony and Elizabeth Cady Stanton formed the National Woman Suffrage Association. Thirteenth Amendment Black Codes Fourteenth Amendment Equal Protection Clause Fifteenth Amendment Excluded women National Woman Suffrage Association

5.1 What did Jim Crow laws do? Art Resource Throughout the South, examples of Jim Crow laws abounded. As noted in the text, there were Jim Crow schools, restaurants, hotels, and businesses. Some buildings even had separate “white” and “colored” facilities, such as the public drinking fountains shown here. Notice the obvious difference in quality. Art Resource

5.1 5.1 Which amendment guaranteed the right to vote without regard to 'race, color or previous condition of servitude?' Let's test your recall of these amendments with this question. Thirteenth Amendment Fourteenth Amendment Fifteenth Amendment None of the above

5.1 5.1 Which amendment guaranteed the right to vote without regard to 'race, color or previous condition of servitude?' The Fifteenth Amendment guaranteed newly freed MALE slaves the right to vote. Thirteenth Amendment Fourteenth Amendment Fifteenth Amendment None of the above

5.2 The Push for Equality, 1890-1954 Although the Civil War Amendments became part of the Constitution, the Supreme Court limited their power. As legislatures through the South passed Jim Crow laws, the NAACP was founded to push for equal rights for African Americans. Women's groups were also active during this period, successfully lobbying for passage of the Nineteenth Amendment, which guaranteed women the right to vote. Groups such as the National Consumers League began to view litigation as a means to an end and went to court to argue for the constitutionality of legislation protecting women workers. The Founding of the National Association for the Advancement of Colored People (NAACP) The Suffrage Movement Litigating for Equality

Litigating for Equality 5.2 Litigating for Equality While women's groups worked on suffrage, the NAACP turned to litigation to push for equality. Its first step was to challenge the constitutionality of so-called "separate but equal" law schools. A test case in Missouri involved Lloyd Gaines, an African American who sought admission to the all-white University of Missouri Law School in 1936. His application was rejected, but the school offered to build a law school at an African American college or pay his tuition at an out-of-state law school. The NAACP successfully argued before the Supreme Court that such a deal was in no way "equal" to the education Gaines would receive at Missouri. Bolstered by this success, the NAACP set up its Legal Defense and Educational Fund, and pursued other law school test cases. Ultimately, the NAACP took on public school segregation. In a ruling that shook the nation, the Supreme Court acknowledged the psychological harm segregation inflicted on African American children and declared public school segregation unconstitutional. Test Cases Challenged constitutionality of segregated law schools NAACP Legal Defense and Educational Fund Brown v. Board of Education (1954) Struck down 'separate but equal'

5.2 Which organization fought for protections for women workers? We discussed these organizations in this section. Before we go to the civil rights movement, let's answer this question. National American Woman Suffrage Association National Consumers League Woman's Christian Temperance Union National Woman's Party

5.2 Which organization fought for protections for women workers? The National Consumers League sought a ten-hour workday for women. National American Woman Suffrage Association National Consumers League Woman's Christian Temperance Union National Woman's Party

School Desegregation After Brown 5.3 School Desegregation After Brown The first Brown v. Board of Education case did not have an immediate impact on desegregating schools. So one year after the original 1954 ruling, the Supreme Court ordered in a case called Brown v. Board of Education II (1955) that all racially segregated systems must be dismantled 'with all deliberate speed.' The Court tasked federal district court judges with enforcing the Brown ruling. In response, the South entered into a near conspiracy to avoid complying with the ruling. Arkansas Gov. Orval Faubus ordered out the National Guard to prevent African American students from enrolling in Little Rock Central High School, which prompted President Dwight D. Eisenhower to send in federal troops. The Supreme Court then ruled in Cooper v. Aaron that such state schemes were unconstitutional. 'With all deliberate speed' Brown not immediately implemented Cooper v. Aaron (1958)

A New Move for African American Rights 5.3 A New Move for African American Rights Following the Brown ruling, civil rights leaders began looking for other ways to fight against segregation and for equality. In Montgomery, Alabama, Rosa Parks decided to challenge the constitutionality of the city's segregated bus system. Parks, who was the local NAACP's Youth Council adviser, refused to give her seat to a white male passenger who didn't have a seat. She was arrested and charged with violating state segregation laws. The NAACP enlisted local clergy to help fight for the cause, and together they boycotted the bus system on the day of Parks's trial. African Americans walked, carpooled, or used black- owned taxicabs. The boycott lasted a year, during which time a federal court declared the segregated bus system unconstitutional and city officials ordered the system to integrate. Rosa Parks Boycott of the Montgomery city bus system Segregated bus system ruled unconstitutional

5.3 What role did civil disobedience play in the civil rights movement? Here, Rosa Parks is fingerprinted by a Montgomery, Alabama, police officer after her arrest for violating a city law requiring segregation on public buses. Parks refused to give up her seat to accommodate a white man, starting a city-wide bus boycott. Parks is just one of many citizens who engaged in these nonviolent acts of resistance to unjust laws. AP Images/Gene Herrick

Formation of New Groups 5.3 Formation of New Groups Soon after the end of the Montgomery bus boycott, Martin Luther King, Jr., formed the Southern Christian Leadership Conference. Unlike the NAACP, which had northern roots and a litigation culture, King's organization was grounded in southern, black religious culture. Its philosophy reflected King's belief in nonviolent protest and civil disobedience. King's organization helped college students form the Student Nonviolent Coordinating Committee, which coordinated lunch-counter 'sit-ins' and 'freedom rides,' in which groups of black and white college students travelled by bus throughout the South to force bus stations to integrate. Southern Christian Leadership Conference Martin Luther King, Jr. Student Nonviolent Coordinating Committee 'Freedom rides'

5.3 How did Civil Rights Laws change in the United States? AP Images Dramatic changes occurred to national civil rights laws in the 1960s. Many of these changes were the result of grassroots political activism led by organizations such as the National Association for the Advancement of Colored People (NAACP) and the Southern Christian Leadership Council (SCLC). Leaders of these organizations – including the Reverend Martin Luther King Jr., center – are shown in this photo meeting with President Lyndon B. Johnson, a Southerner and former Senate Majority Leader, who played an important role in getting civil rights legislation passed by Congress. AP Images

5.3 The Civil Rights Act of 1964 By the mid 1960s, attitudes toward integration and equality had begun to change. In 1963, President John F. Kennedy requested that Congress pass a law banning discrimination in public accommodations. In response, Dr. King called for the 1963 March on Washington for Jobs and Freedom. Those who attended heard King deliver his famous "I Have a Dream" speech. Unfortunately, Kennedy was assassinated before the bill was passed. His successor, Lyndon B. Johnson, took up the cause, but it was no easy sell in Congress. Southern senators, led by South Carolina's Strom Thurmond, held the longest filibuster in Senate history to block the bill. Once it did pass, however, the Civil Rights Act of 1964 ordered the end of discrimination and gave the Department of Justice the tools needed to enforce the law. March on Washington for Jobs and Freedom (1963) Martin Luther King, Jr.'s, "I Have a Dream" speech President Lyndon B. Johnson's priority Longest filibuster in Senate history

Statutory Remedies for Race Discrimination 5.3 Statutory Remedies for Race Discrimination The Civil Rights Act of 1964 gave the Department of Justice the authority to bring cases against school districts that had failed to comply with the desegregation orders of Brown v. Board of Education. This required a distinction between de jure discrimination, which is discrimination by law, and de facto discrimination, which is discrimination that results from practice, such as housing patterns. Where schools were concerned, the Court noted it was approving busing only for de jure discrimination. The Civil Rights Act of 1964 also prohibits employers from discriminating against employees. In 1971, the Supreme Court ruled that employers could be liable if their practices had the effect of excluding African Americans from certain positions. Where such exclusion was evident, the Court ruled the employer had to prove the practice, such as requiring employees to pass a test in order to be promoted, was a 'business necessity' related to the successful performance of a particular job. Education Department of Justice could bring cases against school districts De jure discrimination versus de facto discrimination Employment "Business necessity" of practices that excluded African Americans

5.3 5.3 Which civil rights group was founded by the Reverend Martin Luther King, Jr.? Let's test your recall of important civil rights organizations with this brief question. The National Association for the Advancement of Colored People The Student Nonviolent Coordinating Committee The Southern Christian Leadership Conference The Legal Defense and Educational Fund

5.3 5.3 Which civil rights group was founded by the Reverend Martin Luther King, Jr.? Dr. Martin Luther King, Jr., founded the Southern Christian Leadership Conference. This organization's philosophy reflected his views on nonviolent protest and civil disobedience. The National Association for the Advancement of Colored People The Student Nonviolent Coordinating Committee The Southern Christian Leadership Conference The Legal Defense and Educational Fund

The Women's Rights Movement 5.4 The Women's Rights Movement Following the successes of the civil rights movement, women began demanding greater equality for themselves. Some women's rights groups sought a constitutional amendment (the Equal Rights Amendment) to end sex discrimination. Among other things, this would make it harder for employers and other organizations to prove that exclusion of women was not discriminatory. That amendment has not yet been ratified due to resistance from religious conservatives who do not support equal rights under the law for women. President John F. Kennedy created the President's Commission on the Status of Women, which was headed by former First Lady Eleanor Roosevelt. That commission found pervasive discrimination against women in all areas of life. The Equal Rights Amendment The Equal Protection Clause and Constitutional Standards of Review Statutory Remedies for Sex Discrimination

The Equal Rights Amendment 5.4 The Equal Rights Amendment Women's groups had been fighting for an Equal Rights Amendment for decades. From 1923 to 1972, a proposal for an equal rights amendment was made in every session of every Congress. Finally, in 1972, in response to pressure from the National Organization for Women, the National Women's Political Caucus and other groups, Congress passed the Equal Rights Amendment. Within a year, 22 states had ratified the amendment. But support faded fast after the Supreme Court ruled in Roe v. Wade that the constitutional right to privacy included the right to terminate a pregnancy. Opponents of abortion linked the court case to the amendment, and fears that the Equal Rights Amendment could make women eligible for the draft did the rest. The amendment failed. Two key provisions Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Roe v. Wade Eroded support for Equal Rights Amendment

Statutory Remedies for Sex Discrimination 5.4 Statutory Remedies for Sex Discrimination Congress has passed laws seeking to equalize rights for women, including in the workplace. The Equal Pay Act of 1963 requires employers to pay men and women equal pay for equal work, though there is still a significant gap between average men's earnings and average women's earnings. Title VII of the Civil Rights Act of 1964 prohibits employers, public and private, from discriminating on the basis of gender. And Title IX of the Education Amendments of 1972 prohibits educational institutions that receive federal funds from discriminating against female students. Equal Pay Act of 1963 Requires equal pay for equal work Title VII of Civil Rights Act of 1964 Prohibits gender discrimination by employers Title IX of the Education Amendments of 1972 Bars educational institutions that receive federal funds from discriminating against female students

5.4 What are the practical consequences of pay equity? This cartoon pokes fun at a serious issue in gender equality: pay equity. In 2012, women earned between 75 and 80 cents for every $1.00 earned by their similarly situated male counterparts. Christian Science Monitor

5.4 5.4 Which standard of review applies to cases alleging sex discrimination? We've discussed the three standards of review. Now answer this brief question. Rational basis test Intermediate scrutiny Strict scrutiny All of the above

5.4 5.4 Which standard of review applies to cases alleging sex discrimination? The Court created this level of scrutiny for sex discrimination cases. Rational basis test Intermediate scrutiny Strict scrutiny All of the above

Other Groups Mobilize for Rights 5.5 Other Groups Mobilize for Rights Building on the successes of African Americans and women, other groups, including Hispanics, American Indians, Asian and Pacific Island Americans, gays and lesbians, and those with disabilities, organized to litigate for expanded civil rights and to lobby for anti-discrimination laws. Hispanic Americans American Indians Asian and Pacific Island Americans Gays and Lesbians Americans with Disabilities

Who represents Hispanic Americans in Congress? 5.5 Who represents Hispanic Americans in Congress? Interest groups such as MALDEF have worked to assure greater Hispanic representation in Congress and other political institutions. However, the efforts of these groups have not been entirely successful; even drawing majority- Hispanic congressional districts does not guarantee that a Hispanic will be elected. Such is the case in Texas, where white Representative Lloyd Doggett (D), defeated several Hispanic candidates in the state's 35th district.

How were American Indians treated by the U.S. government? 5.5 Indian children were forcibly removed from their homes beginning in the late 1800s and sent to boarding schools where they were pressured to give up their cultural traditions and tribal languages. Here, girls from the Yakima Nation in Washington State are pictured in front of such a school in 1913. Eastern Washington State Historical Society

Asian and Pacific Island Americans 5.5 Asian and Pacific Island Americans One of the most significant difficulties for Asian and Pacific Island Americans has been finding a Pan-Asian identity. Many such Americans identified more strongly with their individual Japanese, Chinese, Korean or Filipino heritage. Some people have even challenged the term "Asian and Pacific Island." In any case, discrimination against Asian and Pacific Island Americans developed over time. When Chinese workers were needed to complete the intercontinental railroad, immigration was opened up. Later, however, Congress passed the Chinese Exclusion Act, which restricted immigration for the Chinese. And when the United States sought to confine Japanese Americans to internment camps during World War II, the Supreme Court ruled it constitutional in the case Korematsu v. U.S. Later, Japanese mobilized to fight for reparations for their treatment during the war. Congress agreed and passed the Civil Liberties Act. Pan-Asian identity Difficult to forge Free migration to support railroad Chinese Exclusion Act World War II Korematsu v. U.S. Civil Liberties Act

5.5 How were Japanese Americans treated during World War II? Corbis The internment of Japanese Americans during World War II was a low point in American history. In Korematsu v. U.S., the U.S. Supreme Court upheld the constitutionality of this action. Corbis

Gays and Lesbians 5.5 Don't Ask, Don't Tell Lawrence v. Texas (2003) Until very recently, gays and lesbians experienced many challenges in achieving anything close to equal rights. However, gays and lesbians have, on average, higher household incomes and educational levels than other minority groups and they have begun converting those advantages into political clout. In 1993, President Bill Clinton tried to ban discrimination against gays and lesbians in the military by creating the Don't Ask, Don't Tell policy. It was a compromise, but the military still discharged thousands on the basis of sexual orientation. This policy was officially ended in 2010, so gays and lesbians can now serve openly. A big victory for equal rights came when the Supreme Court ruled in Lawrence v. Texas that anti-sodomy laws, used to discriminate against gays, were unconstitutional. This garnered additional support for the cause of equality. But when it comes to same-sex marriage, the results have been mixed. Some states have passed legislation allowing for same sex marriage, while others have passed legislation banning same-sex marriage. Don't Ask, Don't Tell Revised prohibition of gays in military Ended in 2010 Lawrence v. Texas (2003) Same-sex marriage Legal only in some states

Americans with Disabilities 5.5 Americans with Disabilities In the aftermath of World War II, many veterans returned home unequipped to handle their disabilities. The Korean and Vietnam wars made this problem even more clear. These veterans saw the success of African Americans and other groups, and they began lobbying for greater protection against discrimination. In response to calls from veterans and others with disabilities, Congress passed the Americans with Disabilities Act in 1990. The act extends the protections of the Civil Rights Act to people with a physical or mental impairment that limits one or more life activities. Thus, people with disabilities can't be discriminated against in employment, housing, and other areas. The largest advocacy group for people with disabilities is the American Association of People with Disabilities. Disabled veterans Returning from Korea and Vietnam Americans with Disabilities Act Legal protections against discrimination American Association of People with Disabilities Advocacy group

Whom does the Americans with Disabilities Act protect? 5.5 George Lane was the appellant in Tennessee v. Lane (2004), concerning the scope of the Americans with Disabilities Act, which guarantees the disabled access to public buildings, among other protections. Lane was forced to crawl up two flights of stairs to attend a state court hearing on a misdemeanor charge. Had he not, he could have been jailed. Jason R. Davis/AP Images

5.5 5.5 Which of the following encouraged assimilation of American Indians? We've discussed many types of discrimination in this section. Do you recall the answer to this question? U.S. Equal Employment Opportunity Commission Dawes Act Lawrence v. Texas Native American Rights Fund

5.5 5.5 Which of the following encouraged assimilation of American Indians? The Dawes Act required, among other things, that American Indians send their children away to boarding school. U.S. Equal Employment Opportunity Commission Dawes Act Lawrence v. Texas Native American Rights Fund

Toward Reform: Civil Rights and Affirmative Action 5.6 Toward Reform: Civil Rights and Affirmative Action Many civil rights debates center on the question of equality of opportunity versus equality of results. Many advocacy groups argue that taking race and gender into account when creating remedies for discrimination is necessary. This is affirmative action, which can be defined as policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group. In 1978, the Supreme Court ruled in Regents of the University of California v. Bakke that racial quotas were unconstitutional but that universities could take race into account when offering admission. This started a fierce debate over the idea of affirmative action. The Court has allowed universities to give preference to minority applicants. But it has also ruled that affirmative action programs must meet the strict scrutiny test. Affirmative action Equality of opportunity Regents of the University of California v. Bakke (1978) Racial quotas unconstitutional but race can be considered when accepting applicants

5.6 What did the Bakke case establish? Now I want to test your understanding of this landmark case by asking you to answer this question. Affirmative action programs are constitutional. Race can be one factor in determining admissions. Equality of opportunity is guaranteed in the Constitution. Affirmative action is based on rational test.

5.6 What did the Bakke case establish? The Court ruled in Regents of the University of California v. Bakke that the use of strict quotas in determining who is admitted to the university is inappropriate, but that the university could consider race as one, but not all, of the factors in choosing applicants. Activity: Ask your class to create a list that highlights the pros and cons of affirmative action. Then discuss the following questions: • How does society benefit from remedial programs such as affirmative action? • Does affirmative action serve its intended purpose, or is the divisiveness, which it often conjures, self-defeating? Affirmative action programs are constitutional. Race can be one factor in determining admissions. Equality of opportunity is guaranteed in the Constitution. Affirmative action is based on rational test.