Equal Rights: Struggling Toward Fairness Chapter 5

Martin Luther King, Jr. I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” MLK was the youngest person to ever win a Nobel Peace Prize Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2005 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Civil Liberties vs. Civil Rights Civil liberties focus on individuals Civil rights focus on groups

The Struggle for Equality Disadvantaged Americans have gained their rights through struggle against entrenched interests African Americans Reconstruction in the South was followed by a lengthy period of racial segregation The removal of federal troops from the South in 1877 was followed by rapid legal discrimination against blacks Plessy v. Ferguson (1896) Separate but equal was acceptable Early 20th Century- NAACP made gains for African Americans through legal actions Brown v. Board of Education of Topeka, Kansas (1954) Separate but equal was NOT acceptable Racial segregation in schools violated the equal protection clause of the 14th Amendment Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2005 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

Equality through Law The Fourteenth Amendment: equal protection Forbids states from denying equal protection Applies to government, not private individuals Segregation in the schools Brown v. Board of Education of Topeka—banned forced segregation in schools Little change to segregation 15 years later Supreme Court encouraged busing as solution to segregation; highly controversial, mixed results

Segregation Rates in Public Schools

Equality through Law The Fourteenth Amendment: equal protection Strict-scrutiny test Suspect category—assumed unconstitutional in the absence of an overwhelming justification Applies to race, ethnicity, etc. Intermediate category Almost suspect —assumed unconstitutional unless the law serves a clearly compelling and justified purpose; applies to gender Reasonable-basis test Not suspect category—assumed constitutional unless no sound rationale for the law can be provided; applies to age, income, etc.

Equality through Law The Civil Rights Act of 1964 Aimed at eliminating discrimination by private employment practices and their operation of public accommodations Public accommodations cannot refuse to serve customers based on race, color, religion, sex, or national origin Hotels, restaurants, theaters, etc. Most employers cannot refuse to consider applicants based on race, color, religion, sex, or national origin Applies to hiring, promotion, and wages Small businesses and church-related schools have exceptions

Equality through Law The Civil Rights Act of 1964 The black civil rights movement Impetus behind Civil Rights Act of 1964 Busing boycott led by Dr. Martin Luther King Jr. March on Washington for Jobs and Freedom Strong resistance to Civil Rights Act, but ultimately successful

Equality through Law The Civil Rights Act of 1964 The movement for women’s rights In 1789 women could not: Vote Hold office Serve on juries Own & dispense property without husband’s consent Seneca Falls-1st women’s rights convention in 1848 Movement originally aligned with the abolition movement Women acquire the right to vote in 1920 with Nineteenth Amendment The Equal Rights Amendment: passed Congress but failed ratification by states

Equality through Law The Civil Rights Act of 1964 Hispanic Americans and the farm workers’ strikes Strikes in 1960s and 70s, largely for migrant workers’ rights; most success in California Growing Political Power- Election victories Native Americans and their long-delayed rights Granted citizenship in 1924 Protests in 1970s; greater control over own affairs 1968 Indian Bill of Rights Over 1 million today Lower life expectancies than national avg. Less than ½ as likely to attend college as other Americans Recent lawsuits to reclaim their ancestral lands

Equality through Law The Civil Rights Act of 1964 Asian Americans and immigration Asians were denied entry into the U.S. for a long period Discrimination did not ease until the 1960’s Notable educational advancements Upwardly mobile group but are under represented in top positions in society

Equality through Law The Voting Rights Act of 1965 Barring of whites-only primaries, 1940s Twenty-fourth Amendment prohibited poll taxes, 1960s Voting Rights Act of 1965 allowed federal agents to oversee voter registration States prevented from creating election districts that deliberately dilute the minority vote, or to give it control

Equality through Law The Civil Rights Act of 1968 Housing Prohibition of redlining

What’s Your Opinion? Should private discrimination be allowed? Should private country clubs and organizations be allowed to discriminate based on: Religion, race, color, ethnic background? Gender, age, income? Physical characteristics, sexual preference, lifestyles?

Equality through Law Affirmative action Focus on “equality of result” De jure discrimination Specific law—discrimination Addressed by Brown v. Board De facto discrimination Social, economic, cultural biases—discrimination Addressed by “equality of result” plans i.e. affirmative action & school busing Since height of busing era, the trend in public schools has been back towards greater de facto segregation

Equality through Law Affirmative action Arose when it became apparent that disadvantaged Americans would not attain equal employment opportunities through individual lawsuits Seeks full and equal opportunities in education, employment, etc. for all Controversy over ends and means Viewed as giving preferential treatment rather than ensuring equal treatment Affirmative action in law University of California Regents v. Bakke (1978) Upheld the principle of affirmative action; struck strict down quotas SCOTUS in recent years has narrowed the application of A. Action Adarand v. Pena (1995), Gratz v. Bollinger (2003)

What’s Your Opinion? Which position on affirmative action programs comes closer to your own point of view? Keep them without rigid quotas? Phase them out? Don’t know or have an opinion?

The Continuing Struggle for Equality African Americans Aftermath of the civil rights movement Continuing high disparity in income Discrepancies in convictions and sentencing High rate of dissolution of black families Movement into political office White Flight Today, the majority of African Americans in the nation live in neighborhoods where whites are in the minority

Family Structure, by Race and Ethnicity

The Continuing Struggle for Equality Women Electoral and political successes Women have made significant gains in obtaining government positions Geraldine Ferraro- 1st women on a national ticket of a major political party in 1984 Sandra Day O’Connor- appointed by Reagan as the 1st female SCOTUS justice HOWEVER: The U.S. Congress has a lower % of women than most northern European national legislatures Job-related issues Lack of job equality Family leave Gender pay equity- about 80% Comparable Worth- equal pay for work that requires similar demands, responsibilities, and levels of education and training Sexual harassment- Anita Hill “Feminization of poverty”

Percentage of Families Living in Poverty, by Family Composition and Race/Ethnicity

The Continuing Struggle for Equality Native Americans Today number more than 2,000,000 Were not given U.S. citizenship status en masse until 20th Century Have far higher infant mortality rate than the national average Less than half as likely to finish college as compared to other Americans In recent years have filed suit to reclaim ancestral lands Hispanic Americans Immigration and legal residence issues Fastest growing minority; electoral success

The Continuing Struggle for Equality Asian Americans About 12 million Asian Americans Emphasis on academic achievement in Asian American communities Upwardly mobile group

The Continuing Struggle for Equality Gays and lesbians Legal victories: Romer v. Evans, Lawrence v. Texas Legal setbacks: Boy Scouts exclusion policy upheld; military policy Same-sex marriage legal in some states, but federal Defense of Marriage Act allows states to deny marital rights granted by other states Windsor v. U.S. (2013) DOMA ruled unconstitutional

The Continuing Struggle for Equality Other disadvantaged groups Older Americans Age Discrimination Act and Age Discrimination in Employment Act Disabled Americans Americans with Disabilities Act

Opinions on Same-Sex Marriage, by Age

Discrimination: Surface Differences, Deep Divisions America’s high ideals often clash with its history Frequent tendency or desire to avoid retelling the negative aspects of American history

Telling the American Story to Children