1. Chapter 16 EQUALITY AND CIVIL RIGHTS

2. Learning Outcomes 16.1 Explain how the concepts of equality of opportunity and equality of outcome mirror the tension between freedom and equality. 16.2 Trace the Supreme Court rulings and state legislative efforts that prevented African Americans from achieving “equal protection of the laws.” Copyright 2014 Cengage Learning 2

3. Learning Outcomes 16.3 Identify the Supreme Court decisions that dismantled school segregation and explain the significance of each. 16.4 Describe the circumstances under which the 1964 Civil Rights Act was passed and its evolving interpretation in subsequent Supreme Court decisions. 16.5 Evaluate the effect of the civil rights movement on other minority groups’ struggles for equality. Copyright 2014 Cengage Learning 3

4. Learning Outcomes 16.6 Trace the evolution of women’s legal rights beginning with laws based on protectionism and concluding with Supreme Court rulings prohibiting gender-based discrimination. 16.7 Compare and contrast the consequences that follow from policies aimed at equal opportunities versus those aimed at equal outcomes. Copyright 2014 Cengage Learning 4

5. Two Conceptions of Equality  Equality of Opportunity  Each person guaranteed same chance to succeed  More Americans support this than equality of outcome  Equality of Outcome  Society must ensure people are equal, and government must design policies to redistribute wealth and status so that economic and social equality is actually achieved Copyright 2014 Cengage Learning 5

6. The Civil War Amendments  Thirteenth Amendment 1865  Prohibited slavery or involuntary servitude  Fourteenth Amendment 1868  Made freed slaves citizens  Prohibited states from abridging privileges or depriving rights without due process  Guarantees equality under law  Fifteenth Amendment 1870  Added political equality Copyright 2014 Cengage Learning 6

7. The Civil War Amendments  Congress and the Supreme Court: Lawmaking Versus Law Interpreting  Congress passed civil rights act in 1866 to counteract states’ black codes  Supreme Court rulings weakened or overturned some provisions  Court decisions gave states room to maneuver around civil rights laws Copyright 2014 Cengage Learning 7

8. The Civil War Amendments  The Roots of Racial Segregation  After Civil War, southern states passed Jim Crow laws to reinforce segregation  Plessy v. Ferguson (1896) upheld state-imposed racial segregation  Established separate-but-equal doctrine  Three years later, applied to schools Copyright 2014 Cengage Learning 8

9. 9 Separate and Unequal

10. The Dismantling of School Segregation  Pressure for Equality…  In 1920s, separate-but-equal doctrine deeply ingrained  In 1930s, a few Supreme Court cases offered hope for future changes  Plessy ruling - University of Missouri Law School had to admit black students  Sweatt v. Painter - University of Texas Law School ordered to provide admission to black students  Court avoided reexamining separate-but-equal Copyright 2014 Cengage Learning 10

11. The Dismantling of School Segregation  … and Pressure for Desegregation  1948, President Truman ordered desegregation of armed forces  U.S. Department of Justice began submitting briefs in support of civil rights  Brown v. Board of Education - Supreme Court ruled state-imposed public school segregation violated the equal protection clause of the Fourteenth Amendment Copyright 2014 Cengage Learning 11

12. The Civil Rights Movement  NAACP concentrated efforts on school desegregation but made advancements in other areas as well  Late 1940s - Supreme Court decisions against:  Whites-only primaries  Segregation on interstate bus routes  Civil rights movement Copyright 2014 Cengage Learning 12

13. The Civil Rights Movement  Civil Disobedience  Rosa Parks – arrested and fined for not giving up seat  Montgomery’s black community responded to Parks' arrest with a boycott of bus system  Martin Luther King, Jr., urged blacks to continue boycott despite harassment  Eventually federal court ruled segregated transportation systems unconstitutional  Martin Luther King, Jr. advocated civil disobedience to bring racial issues to light Copyright 2014 Cengage Learning 13

14. The Civil Rights Movement  The Civil Rights Act of 1964  In 1963, Kennedy enforced the desegregation of the University of Alabama  Martin Luther King – “I Have a Dream”  March for Jobs and Freedom  Lyndon B. Johnson  Considered civil rights top legislative priority  Civil Rights Act of 1964  Elementary and Secondary Education Act 1965 Copyright 2014 Cengage Learning 14

15. When Leaders Confer Copyright 2014 Cengage Learning 15

16. The Civil Rights Movement  The Continuing Struggle over Civil Rights  Grove City College v. Bell (1984)  Civil Rights Restoration Act of 1988  If any institution gets federal money, no part of it can discriminate  Supreme Court’s subsequent rulings limited scope of civil rights laws Copyright 2014 Cengage Learning 16

17. Civil Rights for Other Minorities  Native Americans  Government relations with native Indians in 18 th & 19 th centuries denied political and social rights  Early 20 th century policies promoted assimilation  Indians received citizenship in 1924  Frustration with U.S. policies led to militant action in 1969s and early 1970s  In 1946, Indian claims commission established  1970s and 1980s tribes won monies and land Copyright 2014 Cengage Learning 17

18. Civil Rights for Other Minorities  Immigrant Groups  Millions of undocumented or illegal immigrants have come to U.S.  1965 new immigration law eliminated quotas  By 2006, over 11 million illegal immigrants in the U.S.  Arizona immigration law  Latino immigration - now 16 percent of the population Copyright 2014 Cengage Learning 18

19. Copyright 2014 Cengage Learning 19

20. Civil Rights for Other Minorities  Americans with Disabilities  43 million Americans with disabilities gained protection with 1990 Americans with Disabilities Act (ADA)  Extends protections of Civil Rights Act of 1964 to many categories of disabilities  Definition of disability is difficult  Revision to ADA signed into law in 2008 Copyright 2014 Cengage Learning 20

21. Civil Rights of Other Minorities  Homosexual Americans  1969 Stonewall riots - beginning of gay liberation movement  National Gay and Lesbian Task Force (NGLTF) lobbied for gays to serve in public employment  Same-sex marriage issue  Obama first president to publicly support  Many states differ - 13 states prohibit same-sex marriage  Boy Scouts of America v. Dale Copyright 2014 Cengage Learning 21

22. Proud to be Out Copyright 2014 Cengage Learning 22 Court Confronts California Clash

23. Gender and Equal Rights: The Women’s Movement  Protectionism  Women’s movement: fight against protectionism  Demand for women’s rights began with abolition movement  Courts consistently upheld protectionist laws  Supreme Court 1991 ruling struck down company’s fetal protection policy as discriminatory Copyright 2014 Cengage Learning 23

24. Gender and Equal Rights: The Women’s Movement  Political Equality for Women:  Women’s suffrage movement began in late 1800s  1878 - Susan B. Anthony convinced senator to introduce constitutional amendment supporting voting rights for women  Nineteenth Amendment passed in 1920  Economic equality closely tied to social attitudes  Battle for equality in workplace continued Copyright 2014 Cengage Learning 24

25. Gender and Equal Rights: The Women’s Movement  Prohibiting Sex-Based Discrimination  Equal Pay Act of 1963  Advanced pay equality but didn’t overturn other state protectionist laws  Civil Rights Act of 1964 prohibited sexism  Helped to remove restrictions of protectionism  Title IX of the Education Amendments of 1972  Revenue Act of 1972  Title VII in 2007 – tightened rules over pay discrimination  Lilly Ledbetter Fair Pay Act Copyright 2014 Cengage Learning 25

26. Gender and Equal Rights: The Women’s Movement  Stereotypes Under Scrutiny  In early 1970s, Supreme Court began ruling against gender-based protectionism  In 1976, Court established standard: gender-based distinctions justifiable only if they serve important government purpose  Bared juror exclusions based on sex  United States v. Virginia Copyright 2014 Cengage Learning 26

27. Gender and Equal Rights: The Women’s Movement  The Equal Rights Amendment  Courts hesitant to extend Fourteenth Amendment beyond issues of race  1923, National Women’s Party originally introduced equal rights amendment (ERA) but it has never been ratified  Why did the ERA fail?  Proponents made national campaign; opponents, a state-based campaign  Proponents exaggerated effects; opponents capitalized on fears of those effects Copyright 2014 Cengage Learning 27

28. Gender and Equal Rights: The Women’s Movement  The Equal Rights Amendment (cont.)  Despite ERA’s failure, ratification movement provided benefits for women  Spurred formation of National Organization for Women (NOW) and other organizations  Contributed to women’s participation in politics  Generated important legislation affecting women  Some view Court decisions as ERA equivalent Copyright 2014 Cengage Learning 28

29. Affirmative Action: Equal Opportunity or Equal Outcome  Commitment of President Johnson led to affirmative action programs  Designed expand opportunities for women, minorities and people with disabilities  Range of public and private programs to move beyond equality of opportunity to equality of outcome  Most aggressive form - Numerical/percentage goals  Includes increased recruitment efforts  Arguments both for and against Copyright 2014 Cengage Learning 29

30. Affirmative Action: Equal Opportunity or Equal Outcome  Reverse Discrimination  Regents of the University of California v. Bakke  Groups opposed to affirmative action took other situations to court with mixed results  Gratz v. Bollinger – university admissions policy violated equal protection clause  Grutter v. Bollinger – ruled race only one factor in admissions decisions  Community Schools v. Seattle School District No. 1 - invalidated integration plans  Fisher v. University of Texas Copyright 2014 Cengage Learning 30

31. The Price of Equality? Copyright 2014 Cengage Learning 31

32. Affirmative Action  The Politics of Affirmative Action  Overall, blacks favor affirmative action and whites do not  Why is there persistence of equal outcome policies?  Majority of Americans consistently reject explicit race or gender preferences regardless of groups that benefit  Many Americans view affirmative action as violation of personal freedoms Copyright 2014 Cengage Learning 32