Civil Rights “Equal Protection”

14 th Amendment (1868) Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” Sex, race, ethnicity, age, disability, sexual preference

Civil Rights History African Americans Dred Scott Case 1857 Jim Crow Laws – segregated community de jure (by law) and de facto (by reality) Civil Rights Act of 1875 Plessy v. Ferguson – separate but equal NAACP – 20 th century push for rights Brown v. Board of Education – “separate but equal” unconstitutional Civil Rights Act of 1964, 24 th Amendment (poll tax), Voting Rights Act 1965

24 th Amendment, Civil Rights Act of 1964 & Voting Rights Act of 1965 Voting (Barred unequal application of voter registration requirements) 24 th amendment – no poll taxes SO…LITERACY TEST WAS REINFORCED Public accommodation (Barred discrimination) Schools (Gov. can force desegregation though litigation) Employment (Affirmative Action programs developed) Federal Funds (federal funding pulled for non-compliance) VOTING RIGHTS ACT demonstrate that a proposed voting change does not have the purpose or the effect of discriminating based on race or color. In some cases - must also show that the proposed change does not have the purpose or effect of discriminating against a "language minority group." (literacy tests banned)

Civil Rights History Native Americans 2 million people live on “reservations” Push for more sovereignty on their land –Ex. – gambling operation rights Art. 1, Sec. 8 – commerce clause give Congress right to regulate Indian tribes

Civil Rights History Latino/Latina Rights 37 million in US (about 10 million in 1980) Mexican – 15million-rights issues include Bilingual education programs, immigration Puerto Rican – 2.7 million-PR is a commonwealth of US, citizens can move freely back and forth, not represented in Congress, don’t have to pay federal tax

Civil Rights History Cubans – 1960s, many fled communist takeover by Castro, “wet foot, dry foot” policy Central and South American – political trouble is driving people to US, face similar bilingual and immigration issues

Civil Rights History Asian American 8 million in US, 40% of immigrants Chinese Exclusion Act 1882 – lasted through WWII WWII – Japanese racism – internment Korematsu v. US (1944) 1980s reparations for internment

Women and Equal Rights Seneca Falls Convention – 1848 – beginning of women’s suffrage movement Muller v. Oregon (1908) – 10 hour work day limit for women 19 th Amendment – 1920 – Women vote 1970s – “reasonableness standard” – all legal circumstance must be treated equal –Ex. Cannot set different age limits for driving, but can set laws on rape that punish man only

Women and Equal Rights Equal Rights Amendment (ERA) 1972 –“Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because… Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push Roe v. Wade (1973) – women’s freedom to choose abortion

Women and Equal Rights Civil Rights Act (1964) Title VII – prohibits gender discrimination in employment, extended to sexual harassment Comparable worth – “equal pay for equal work” Title IX – provide equal funding for all programs that receive federal funding

Rights for Older Americans Age discrimination illegal Age Discrimination in Employment Act raised the general compulsory retirement age to 70 AARP – interest group – large influence

Rights for Disabled Americans 17% of Americans have a disability Rehabilitation Act of illegal to discriminate based on disability Education for All Handicapped Children Act of 1975 – gave all handicapped children free education Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act

Homosexual Rights 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional Lawrence v. Texas (2003) – law against homosexual action violated due process of 14 th Amendment – “life, liberty, and property”

Reverse Discrimination Equality of opportunity vs. equality of results – Do civil rights require the absence of discrimination OR require racial balance? University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution Richmond v. Croson 1989 – city of Richmond could not guarantee that 30% of companies that received subcontracts were owned by minorities Gratz and Grutter cases from University of Michigan (AffAct in undergrad admissions can begin to go; not in law school admissions – still a need for diversity)

Civil Rights summary Constant pursuit of equality Civil Rights for minority groups will constantly be changing EVERYONE will be a part of some minority group during their lifetime