1. Civil Rights
“Equal Protection”

2. 14th Amendment (1868)
Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.”
Sex, race, ethnicity, age, disability, sexual preference

3. Civil Rights History African Americans
Jim Crow Laws – segregated community
de jure (by law) and de facto (by reality)
Plessy v. Ferguson – separate but equal
NAACP – 20th century push for rights
Brown v. Board of Education – “separate but equal” unconstitutional
Civil Rights Act of 1964, 24th Amendment (poll tax), Voting Rights Act 1965

4. Civil Rights Act of 1964 Voting Public accommodations Schools
Barred discrimination
Schools
Gov’t can force desegregation though litigation
Employment
EEOC
Federal Funds (withholding)

5. Voting Rights Act 1965
Prohibited any gov’t denying a person their right to vote
Abolished literacy requirements
Federal registrars
Reaffirmed 15th amendment

6. Civil Rights History Native Americans
2 million people live on “reservations”
Push for more sovereignty on their land
Ex. – gambling operation rights
Art. 1, Sec. 8 – commerce clause give Congress right to regulate Indian tribes

7. Civil Rights History Latino/Latina Rights
37 million in US (about 10 million in 1980)
Mexican – 15 million-rights issues include Bilingual education programs, immigration
Puerto Rican – 2.7 million-PR is a commonwealth of US, citizens can move freely back and forth, not represented in Congress, don’t have to pay federal tax

8. Civil Rights History
Cubans – 1960s, many fled communist takeover by Castro, “wet foot, dry foot” policy
Central and South American – political trouble is driving people to US, face similar bilingual and immigration issues
4,000 (+) Hispanics in Congress

9. Civil Rights History Asian American 8 million in US, 40% of immigrants
Chinese Exclusion Act 1882 – lasted through WWII
WWII – Japanese racism – internment
Korematsu v. US (1944)
1980s reparations for internment

10. Women and Equal Rights
Seneca Falls Convention – 1848 – beginning of women’s suffrage movement
Muller v. Oregon (1908) – 10 hour work day limit for women
19th Amendment – 1920 – Women vote
1970s – “reasonableness standard” – all legal circumstance must be treated equal
Ex. Cannot set different age limits for driving, but can set laws on rape that punish man only

11. Women and Equal Rights Equal Rights Amendment (ERA) 1972
“Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because…
Roe v. Wade (1973) – women’s freedom to choose abortion

12. Women and Equal Rights Civil Rights Act (1964)
Title VII – prohibits gender discrimination in employment, extended to sexual harassment
Comparable worth – “equal pay for equal work”
Title IX – provide equal funding for all programs that receive federal funding

13. Rights for Older Americans
Age discrimination illegal
Age Discrimination in Employment Act raised the general compulsory retirement age to 70
AARP – interest group – large influence

14. Rights for Disabled Americans
17% of Americans have a disability
Rehabilitation Act of illegal to discriminate based on disability
Education for All Handicapped Children Act of 1975 – gave all handicapped children free education
Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act

15. Homosexual Rights
1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military
Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional
Lawrence v. Texas (2003) – law against homosexual action violated due process of 14th Amendment – “life, liberty, and property”

16. Reverse Discrimination
Equality of opportunity vs. equality of results – Do civil rights require the absence of discrimination OR require racial balance?
University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution
Richmond v. Croson 1989 – city of Richmond could not guarantee that 30% of companies that received subcontracts were owned by minorities

17. Civil Rights summary Constant pursuit of equality
Civil Rights for minority groups will constantly be changing
EVERYONE will be a part of some minority group during their lifetime