The Struggle for Equal Rights Chapter 6

In this chapter we will learn about The meaning of political inequality The struggle of African Americans to claim rights denied them because of race The struggle of Native Americans, Hispanics, and Asian Americans to claim rights denied them because of race or ethnicity Women’s battle for rights denied them on the basis of gender The fight by other groups in society to claim rights denied them on a variety of bases The relationship of citizens to civil rights

Laws that treat people differently Suspect classifications –Strict scrutiny –Test used when laws treat people differently because of race Quasisuspect classifications –Intermediate standard of review –Test used when laws treat people differently because of gender Nonsuspect classifications –Minimum rationality test –Used when laws treat people differently for any other reason (age, sexual orientation, disability status)

Rights denied on the basis of race: African Americans The aftermath of the Civil War –Black codes –Reconstruction Segregation and the era of Jim Crow –Poll taxes –Literacy tests –Grandfather clauses

What about the new amendments? Although the 13 th, 14 th, and 15 th Amendments were passed after the Civil War, the black codes sought to limit voting and equal protection rights of African Americans The black codes sought to circumvent these amendments It was up to the Supreme Court to tell the nation what these amendments really meant

Rights denied on the basis of race: African Americans, cont’d. Plessy v. Ferguson (1896) –Established “separate but equal” doctrine –Upheld segregation –Legitimized and legalized segregation is U.S. for over 60 years Overturning Plessy –Missouri ex rel Gaines v. Canada (1938) –Sweatt v. Painter (1950) –Brown v. Board of Education (1954)

Rights denied on the basis of race: African Americans, cont’d. The development of the civil rights movement –Bus boycotts –Rosa Parks –Martin Luther King, Jr. –Sit-ins –Marches – especially March on Washington –Freedom rides –NAACP –Nonviolent protests –Malcolm X –Kennedy administration

Rights denied on the basis of race: African Americans, cont’d. De jure discrimination Discrimination arising from or supported by law E.g., segregated restrooms Easier to combat Overcome with procedural policies De facto discrimination Discrimination that is the result of tradition or habit E.g., neighborhoods in northern cities Harder to combat Overcome with substantive policies

Landmark cases and laws Civil Rights Act of 1964 Voting Rights Act of 1965 Fair Housing Act of 1968 Heart of Atlanta Motel, Inc. v. United States (1964) Loving v. Virginia (1967) Regents of the University of California v. Bakke (1978) Grutter v. Bollinger (2003)

Blacks in contemporary politics The economic outlook for blacks Political representation – significance of Barack Obama and increased representation in federal and state government Affirmative action today – continuing controversies

Rights denied on the basis of race or ethnicity: Native Americans Native Americans and the U.S. government Political strategies Contemporary challenges

Rights denied on the basis of race or ethnicity: Hispanic Americans Diversity English-Only movement Controversy over immigration – stricter laws, such as those in Arizona Political strategies

Rights denied on the basis of race or ethnicity: Asian Americans Diversity Discrimination Price of prosperity Political strategies “Positive” stereotyping

Rights denied on the basis of gender Women’s place in the early 19 th century –Few rights –Basically the property of their husbands or viewed as the same legal entity Birth of the women’s rights movement –Seneca Falls Convention

Rights denied on the basis of gender, cont’d. Battle for suffrage –Began in the states –Wyoming: first state to grant suffrage –States slow to follow Wyoming’s lead –Ratification of the 19 th Amendment in 1920

Rights denied on the basis of gender, cont’d. Battle for the Equal Rights Amendment Reasons the ERA failed: –Fear of radical social change –Roe v. Wade (1973) –Supreme Court’s interpretation of 14 th Amendment –Numerous federal laws passed that arguably “placated” women, such as Voting Rights Act, Civil Rights Act, and Title IX

Rights denied on the basis of gender, cont’d. Gender discrimination today –Pay inequity –Glass ceiling –Sexual harassment –Pregnancy discrimination –The “Mommy Track”

Rights denied on the basis of gender, cont’d. Women in contemporary politics –Underrepresented in government –Increasing number of women candidates –Representation is on the rise

Rights denied on other bases: sexual orientation The sodomy cases –Bowers v. Hardwick (1986) –Lawrence v. Texas (2003) “Don’t ask, don’t tell” and its repeal The controversy over same-sex marriage –The Massachusetts Supreme Court (2003) –The California Supreme Court (2008) –The Defense of Marriage Act

Rights denied on other bases: sexual orientation, cont’d. Employment discrimination –ENDA Hospitals now have to grant visitation rights to same-sex partners of those who are hospitalized More support of rights for gays to adopt Public opinion and gay rights –Young are most supportive of gay rights

Rights denied on other bases Age Disability Citizenship