CIVIL RIGHTS **BOLD= Something you need to know/write down** Copyright © Houghton Mifflin Company. All rights reserved.6 | 1

What’s the difference between Civil Rights & Civil Liberties?? Civil Liberties ~ are personal guarantees and freedoms that the government cannot abridge (take away). Civil Rights ~ protect individual freedoms from infringement by governments, social organizations, and private individuals. Ensures a group’s ability to participate in the civil and political life of the society and state without discrimination or repression. Copyright © Houghton Mifflin Company. All rights reserved.6 | 2

Copyright © Houghton Mifflin Company. All rights reserved.6 | 3 What are civil rights? Protect certain groups against discrimination Claims are raised when a group is denied access to facilities, opportunities, or services available to other groups The issue is whether differences in treatment are reasonable

Major Areas of Civil Rights Litigation Rights for Racial Minorities Rights for Women Rights for the Disabled Rights for Gay Americans Rights for Non-Citizens Copyright © Houghton Mifflin Company. All rights reserved.6 | 4

14 th Amendment – The most important in Civil Rights cases 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 the law; nor deny to any person within its jurisdiction the equal protection of the laws. Copyright © Houghton Mifflin Company. All rights reserved.6 | 5

Copyright © Houghton Mifflin Company. All rights reserved.6 | 6 Separate-But-Equal NAACP strategy went through a series of stages: –Step 1: obvious inequalities, addressed in 1938–1948 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

Copyright © Houghton Mifflin Company. All rights reserved.6 | 7 Brown v. Board of Education Unanimous Supreme Court opinion overturned Plessy v. Ferguson (separate but equal) Segregation is detrimental; creates sense of inferiority in African American students The Court relied on social science, because the Fourteenth Amendment was not necessarily intended to abolish segregated schools, and the Court sought a unanimous opinion

What is the difference is between “desegregation of schools” and the “integration of schools”? Explain Copyright © Houghton Mifflin Company. All rights reserved.6 | 8

“desegregation of schools” ~ the process of ending the separation of two groups, usually referring to race, in public K-12 schools and Universities. Copyright © Houghton Mifflin Company. All rights reserved.6 | 9

“integration of schools” ~ In addition to desegregation, integration includes goals like creating equal opportunity regardless of race. **It is NOT merely bringing a racial minority into the majority culture.** Copyright © Houghton Mifflin Company. All rights reserved.6 | 10

Copyright © Houghton Mifflin Company. All rights reserved.6 | 11 Desegregation v. Integration Swann v. Charlotte Mecklenburg (1971): remedies may include racial quotas, redrawn district lines, and court-ordered busing Inter-city busing could be authorized only if both the city and the suburbs had practiced segregation Busing remains controversial

Copyright © Houghton Mifflin Company. All rights reserved.6 | 12 Figure 6.2: Growing Support Among Southern Democrats in Congress for Civil Rights Bills Congressional Quarterly, Congress and the Nation, vols. 1, 2, 3, 7, 8.

Copyright © Houghton Mifflin Company. All rights reserved.6 | 13 Table 6.1: Increase in Number of Black Elected Officials

Women’s Rights Copyright © Houghton Mifflin Company. All rights reserved.6 | 14 What rights did women have in America prior to 1950? What issues were women facing in becoming equal economic actors?

Copyright © Houghton Mifflin Company. All rights reserved.6 | 15 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

Copyright © Houghton Mifflin Company. All rights reserved.6 | 16 Privacy and Sex Regulating sexual matters is traditionally a state function, under the exercise of the police powers In 1965, Supreme Court held that states could not prevent the sale of contraceptives, because that violated the zone of privacy (9 th Amendment)

Copyright © Houghton Mifflin Company. All rights reserved.6 | 17 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 Fourteenth Amendment Webster (1989): The Court upheld some restrictions on abortions Casey decision (1992) does not overturn Roe but permits more restrictions: 24-hour wait, parental consent, pamphlets about alternatives

Copyright © Houghton Mifflin Company. All rights reserved.6 | 18 Affirmative Action Affirmative action: preferential hiring and admission practices to remedy discrimination Bakke (1978): numerical minority quotas are not permissible, but race can be considered

Copyright © Houghton Mifflin Company. All rights reserved.6 | 19 Affirmative Action – Famous Cases Adarand Constructors v. Pena (1995)—any racial classification is subject to strict scrutiny 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

Rights for the Disabled 1990: Americans with Disabilities Act is passed extending protection to disabled persons. Who is disabled? Anyone who has a physical or mental impairment that substantially limits one or more major life activities, or anyone who has a record of such impairment. Copyright © Houghton Mifflin Company. All rights reserved.6 | 20

Rights for the Disabled Employment: may not be denied unless a reasonable accommodation cannot be made. Disabled persons must have equal access to government programs and transportation. Disabled persons must have “full and equal access” to public spaces. CAN BE DENIED IF IT PRESENTS UNDUE HARDSHIP! Copyright © Houghton Mifflin Company. All rights reserved.6 | 21

Copyright © Houghton Mifflin Company. All rights reserved.6 | 22 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 Lawrence v. Texas (2003): The Court overturned a Texas law banning sexual conduct between persons of the same sex

Rights of Non-Citizens ProtectedNot Protected Children cannot be excluded from schools. INS can arrest and search at will. Legally admitted non-citizens can get welfare benefits. States can limit what jobs non-citizens can hold. First amendment rights apply to Non- Citizens. They can be barred from sitting on juries. They are entitled to own propertyUndocumented people cannot get a social security card. Copyright © Houghton Mifflin Company. All rights reserved.6 | 23