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Civil Rights
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March towards Equality
13th ended slavery 14th all people born here are citizens and all people are equal under the law 15th gave African Americans the right to vote 19th Gave women the right to vote in 1920 24th Ended Poll tax 26th year olds may vote
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14th Amendment Civil Rights Act, 1964 passed to add teeth to the 14th Amendment The Court and Civil Rights Tests Strict Scrutiny Test- compelling state reason, least restrictive remedy, race/ethnicity Intermediate Scrutiny- gender, Craig v Boren Rational basis test- plaintiff must show law is arbitrary and unreasonable
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Equal protection v Legitimate Government Purpose
Equal protection under the law When can the government discriminate against a group of people? Only to achieve a legitimate government goal, to correct past wrongs, and use the least restrictive means of achieving its goals Affirmative Action- Moving beyond equal opportunity and towards equal results Many Americans and the courts have rejected a quota system. Regents of CA v Bakke
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Struggles for African Americans
End of slavery- Dred Scott, 13th Amendment Reconstruction- 14th, 15th Amendments, Jim Crow laws, Plessy v Ferguson Civil Rights Movement- Brown v Bd of Ed, Swann v Charlotte- Mecklenburg ISD, de jure and de facto segregation, Civil Rights Act of 1964, Voting Rights Act of 1965, Open Housing Act of 1968, 24th Amendment
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Ruby Bridges, New Orleans, 1960 1st grade student
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Women Rights 19th Amendment
No age difference for drinking or legal status No exclusive female schools if receiving government funds and no exclusive male schools that receive federal funds (US v Virginia VMI)
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Women Rights Employment
No mandatory pregnancy leave, must hire even if job is dangerous to fetus, no arbitrary height and weight requirements, equal pay for equal work (court is silent on comparable worth Title IX Sexual Harassment- “hostile work environment” or quid pro quo (job or school)
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Right to Privacy and Abortion
Griswold v Connecticut,1965 Roe v Wade Webster v Reproductive Health Services, 1989 Rust v Sullivan, 1991 Casey v Planned Parenthood (PA), 1992 Bray v Alexandria, 1993
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Other Groups Disabled- American with Disability Act, (ADA) 1990
Court must decide what disabilities qualify. 1. Must limit major life activity. 2. record of such impairment 3. regarded as having such an impairment Elderly- Age Discrimination in Employment Act, 1967 Gays/Lesbians Lawrence v Texas (2003) overturns Bowers v Hardwick Same sex marriage- Government’s role- Defense of Marriage Act, 1996
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