1. Civil Rights
The Fight for Equality

2. Civil Rights v. Civil Liberties

3. Equality and Ethnicity
Black-White relations defined the civil rights movement in America
They set the pattern for what other groups did to fight for their rights
14th Amendment guaranteed due process under the law
15th Amendment gave African- Americans the right to vote
In many places, especially the deep South, African Americans didn’t get equal rights until recently
The 14th Amendment, Racism, and the Civil Rights Movement
What were race relations like when the Civil Rights Movement started?

4. How did they fight for Rights?
Litigation – campaigning in the courts
SCOTUS originally took a narrow view of “equal protection of the laws” from the 14th Amendment
Plessy v. Ferguson – separate but equal was fine
NAACP waged a battle against this doctrine (National Association for the Advancement of Colored People) - Lobbied Congress, Publicized Grievances, Fought legal battles
Brown v. Board of Education – overruled Plessy v. Ferguson
Class Action Suit – Applied to all black children in segregated schools
Many places did not enforce the ruling – in the South especially
Nuances between desegregation and Integration
De Jure Segregation – segregation by law – clearly unconstitutional
De Facto Segregation – segregation as a result of housing and other in place institutions (like school district lines)
Swann v. Charlotte-Mecklenburg Board of Education – approved busing and redrawing of district lines to stop de facto segregation

5. How did they fight for Rights?
The Campaign in Congress – getting new civil rights laws out of Congress was difficult
They needed to mobilize public opinion and get civil rights on the political agenda
Civil Disobedience – Opposing a law one considers unjust by peacefully disobeying it and accepting the resultant punishment
The Freedom Riders were the most famous example of this campaign

6. Major Civil Rights Laws
1957 – made it illegal to prevent a person from voting in a federal election. Created Civil Rights Commission
1964 – Made it more difficult to use devices like literacy tests to bar African-Americans from voting, barred racial discrimination in most public places, further desegregated schools, banned racial discrimination in the workplace and to receive federal funding (welfare) 
1965 – suspended use of literacy tests (Voting Rights Act of 1965)
1968 – banned racial discrimination in housing purchases 
1972 – prohibited sex discrimination in education programs 
1988 – If any organization receives federal aid, they cannot discriminate based on race, sex, age, or disability 
1991 – Made it easier to sue over job discrimination 

7. Women and Civil Rights 
Difference between African- American civil rights and women's
African-Americans were fighting against a legal tradition that tried to keep them subservient
Women were fighting against a tradition that claimed to protect their well-being 
Movement started in Seneca Falls in 1848
Get the right to vote in 1920 with 19th amendment 
The status of women didn't really change until "rosie the riveter" in WWII
Men were at war and women needed to go to work 

8. The Feminist Movement 
Started with the publication of "The Feminist Mystique" 
Congress reacted to the movement by passing laws that required equal pay, prohibited discrimination, especially against pregnant women in the workplace 
3 Standards the Supreme Court adopted
Reasonableness – when the government treats some groups different than others, they have to do so reasonably
Intermediate scrutiny – the reasonable differences that are claimed to not need to be looked at with strict scrutiny 
Strict Scutiny – Some cases of treating groups differently are inherently suspect – like treating white and blacks the same 

9. Landmark Cases 
Reed v. Reed – Gender Discrimination violates the equal protection clause of the constitution
Craig v. Boren – Gender discrimination is only justified if it serves important government objectives 
Rostker v. Goldberg – Congress can draft men without drafting women 
US v. Virginia – State cannot finance an all-male military school

10. Privacy and Abortion
Griswold v. Connecticut – right to privacy – bans state law against selling contraceptives 
Roe v. Wade – state laws against abortion were unconstitutional 
Webster v. Reproductive Health Services – allowed states to ban abortions from public hospitals 
Planned parenthood v. Casey – reaffirmed Roe v. Wade 
Gonzalez v. Carhart – Federal law may ban certain forms of partial- birth abortion

11. Affirmative Action
Programs designed to increase minority participation in some institutions by taking positive steps ti appoint more minority-group members
Equality of results v. Equality of opportunity 
Many argue that affirmative action is reverse discrimination
If it is wrong to discriminate against a group, then it is wrong to discriminate in favor of them

12. Affirmative Action – Landmark Cases
Regents of the University of California v. Bakke – quotas of minorities being admitted to schools was unconstitutional, but goals of diversity can take race into account 
United Steelworkers v. Weber – upheld the use of race in an employment agreement 
Richmond v. Croson – Affirmative action plans must be judged by strict scrutiny 
Grutter v. Bollinger and Gratz v. Bollinger – Numerical benefits cannot be used to admit minorities into college, but race can be a "plus factor" in decisions
Parents v. Seattle School District – Race cannot be used to decide which students may attend especially popular high schools because there is no compelling goal 

13. LGBTQ and the Constitution
At first, decisions were with the states – that is why certain states passed same-sex marriage laws before Obergefell 
Lawrence v. Texas – State law may not ban sexual relations between same-sex partners 
Boy Scouts of America v. Dale – A private organization may ban gays from its membership 
Obergefell v. Hodges – state laws against same-sex marriage are unconstitutional (Class action)

14. Rights of the disabled ADA – Americans with Disablities Act
1990 – extended the same protections given to women and minority groups to disabled persons 
Discrimination is illegal and businesses now have to become ADA compliant ensuring equal access for disable persons. 
Federally mandated 

15. Overall Discrimination

16. Multiple Choice Practice
In Plessy v. Ferguson, SCOTUS ruled that state imposed racial segregation is constitutional based on the 
Clear and present danger doctrine 
Separate but equal doctrine 
Dangerous tendency doctrine 
Privileges and immunities clause 
Necessary and proper clause 
The Americans with Disabilities Act, which provides for protections against the disabled, is an example of 
State supremacy 
Horizontal federalism 
Affirmative action 
Dual federalism 
A federal mandate