1. Chapter 19 C IVIL R IGHTS

2. E QUAL P ROTECTION  Our civil rights are guaranteed by the Equal Protection Clause of the 14 th Amendment  Added to the Constitution to protect rights of freed slaves  Courts recognize that some forms of discrimination are valid (under 21 – no alcohol)  Devised the “rational basis test” to determine if discrimination has a legitimate purpose

3.  Also devised the “strict scrutiny test”  If discrimination reflects prejudice, the gov’t is required to give a compelling reason for the discrimination  Many states adopted legislation that limited the rights of African Americans – Jim Crow laws

4.  Civil Rights Act of 1875 outlawed racial discrimination in public places, but required victims to take it to court  Declared unconstitutional in 1883  Plessy v. Ferguson (1896) – Supreme Court upheld the “separate but equal” as an acceptable standard

5.  Executive Order 8802 (1941) – FDR banned racial discrimination in defense industry and gov’t offices.  Executive Order 9981 (1948) – Truman ordered the desegregation of the armed forces.  Brown v. Board of Education (1954) – overturned Plessy – “separate but equal” is unconstitutional  ended de jure segregation, but de facto still existed

6. .  Brown v. Board of Education II (1955) – ordered the desegregation of schools “with all deliberate speed”  Civil Rights Act of 1957 – created a Civil Rights Division in the Justice Dept and made it a crime to keep someone from voting in federal elections

7.  Civil Rights Act of 1964 – prohibited discrimination in employment and public places and created the EEOC  24 th Amendment (1964) – outlawed poll taxes in federal elections  Voting Rights Act of 1965 – federal registrars could register voters and outlawed literacy tests

8.  Swann v. Charlotte-Mecklenberg County Schools (1971) – court ruled that busing was a legal way of achieving “all deliberate speed”  Civil Rights Act of 1991 – easier for job applicants and employees to bring suit against employers who discriminate in hiring

9.  California Board of Regents v. Bakke (1978) – Court ruled that Bakke had been a victim of “reverse discrimination” when he was denied entrance to med school  The school had racial quotas that violated his “equal protection”  Court also said that even though race can’t be used as the sole basis for determining admission, the Constitution and Civil Rights Act of 1964 could be used as criteria for affirmative action.  Split decision 5-4

10.  Affirmative Action was a touchy subject with many people  The public has been really critical of it  In 1988 Congress passed a law to allow the federal gov’t to take away funds from colleges that discriminate  During Clinton’s administration, he favored a policy that would “mend it, not end it”

11.  However, many states began passing legislation to end it  1996 – California voters approved Proposition 209 which said California was not to take race or gender into account in gov’t hiring  California appeals court ruled it constitutional  Supreme Court refused to hear it  So it stayed in place

12.  2003 – Supreme Court ruled in two cases involving the University of Michigan and UofM Law School that the Bakke decision was still valid  Could not use a point system in UofM because it was too much like a quota system  In the law school it could be used as a basis of admissions  2006 – voters in Michigan rejected affirmative action programs

13. O THER G ROUPS  Women’s Movement:  19 th Amendment (1920) gave women the right to vote  Equal Pay Act (1963) – illegal to base pay on gender, religion, race, nationality  Turning point was the publication of The Feminine Mystique (1963) – the age of feminism was born  Women’s rights groups wanted an Equal Rights Amendment passed Made it through Congress and 35 states before time limit ran out – needed 3 more

14.  Civil Rights Act of 1964 – banned job discrimination based on gender  Reed v. Reed (1971) – Court ruled against discrimination law deciding that the equal protection clause of the 14 th Amendment denied the right to classify based on gender  Omnibus Education Act (1972) – required schools to give boys and girls equal opportunity to participate in sports

15.  Equal Credit Opportunity Act (1974) – no discrimination for women seeking credit from banks, finance agencies, or gov’t. Also illegal to ask a person’s gender or marital status on a credit application  Women’s Equity in Employment Act (1991) – required employers to justify gender discrimination in hiring and job performance

16.  Hispanic Americans:  Fastest growing minority group in US  Includes anyone with Spanish speaking heritage  Civil rights action has concentrated on health care, affirmative action, admission to colleges, redistricting plans that do not discriminate

17.  Native Americans:  An official gov’t agency called Bureau of Indian Affairs (part of Dept. of Interior) They make sure Natives receive all benefits they deserve and have right to vote Even if they live on a reservation  Reservations are separate and have a treaty that gives them characteristics of sovereign nations

18. Immune from state and federal law Have right to govern their reservation as they see fit Over 2 million living on reservations  Discrimination, poverty, unemployment, alcoholism and drug abuse are common Native problems  If they don’t live on a reservation, they are subject to state and federal laws and help

19.  Indian Gaming Regulatory Act (1988) – allows Natives to have casinos on their reservation Even in states that don’t allow gambling This has helped the economic situation greatly  Native American Languages Act (1990) – encouraging the continuation of native languages and cultures

20.  People with Disabilities:  Make up 20% of the population  Includes mental, physical and emotional disabilities  Gov’t has recognized their needs in the last 20 years  Rehabilitation Act (1973) – prohibited discrimination in federal programs

21.  Education for All Handicapped Children Act (1975) – guarantees they will receive the “appropriate” education  Americans with Disabilities Act (1991) (ADA) – requires employers, schools and public buildings to accommodate their needs Ramps, elevators, etc. Also created the Telecommunications Relay Service – allows hearing and speech impaired people access to telephone communications

22.  Homosexuals:  Since AIDS has been spreading, anti-gay sentiments have been on the rise  Before the 1970’s, few people talked about it  Many states enacted legal obstacles for homosexuals

23.  Bowers v. Hardwick (1986) – upheld Georgia antisodomy law.  Lawrence v. Texas (2003) – Texas sodomy law struck down Reversed Bowers v. Hardwick  1992 – Colorado ‘s Amendment 2 – no laws to providing protected status for homosexuals Roemer v. Evans (1992) – Amendment 2 unconstitutional because homosexuals were being denied “equal protection of the laws”

24.  1992 – Clinton issued an executive order for the military “Don’t ask, don’t tell, don’t pursue” Military did not like it 2011 – “Don’t ask, don’t tell” out  Homosexuals can serve openly  1996 – Defense of Marriage Act – allowed states not to recognize gay marriages from other states  Also did not allow benefits to states that did allow gay marriage  Signed by Clinton

25.  Biggest victory for gay rights was in 2004 when the Massachusetts Supreme Court upheld gay marriages Huge outcry from opponents across the US  The House passed an amendment to define marriage as a union of a man and a woman Amendment failed in the Senate due to a Democratic filibuster

26.  Senior Citizens:  One of the fastest growing segments of society  Anytime there is talk about cutback on Social Security and Medicare there are huge lobbying efforts by AARP to stop it.  Civil rights laws in 1967, and 1975 made it illegal for employers to discriminate against anyone over 40  1978 – compulsory retirement age raised to 70