1. Chapter 19 Civil Rights

2. Civil rights issue Group is denied access to facilities, opportunities, or services available to other groups, usually along ethnic or racial lines Group is denied access to facilities, opportunities, or services available to other groups, usually along ethnic or racial lines Issue is whether differences in treatment are "reasonable" Issue is whether differences in treatment are "reasonable" Some differences are: progressive taxes Some differences are: progressive taxes Some are not: classification by race subject to "strict scrutiny" Some are not: classification by race subject to "strict scrutiny"

3. THEME A Civil Rights - Clients, Interest - Group Or Majoritarian Politics

4. Client Politics - When racial minorities are a cohesive group

5. Interest-Group - Southern white workers against blacks - "Just a pawn in their hand" - Bob Dillon

6. Majoritarian - We all benefit when our rights are protected

7. THEME B Civil Rights and the Courts (Plessy vs Ferguson 1896); Brown v Topeka (1954) Equal Protection Clause of the 14th Amendment

8. Ambiguities in the Fourteenth Amendment Broad interpretation: Constitution color-blind Broad interpretation: Constitution color-blind Narrow interpretation: equal legal rights Narrow interpretation: equal legal rights Supreme court adopted narrow view in Plessy case Supreme court adopted narrow view in Plessy case

9. Phase I 1935 - 1950 - Make Separate facilities equal

10. "Separate but equal" NAACP campaign objectives in education through courts NAACP campaign objectives in education through courts Obviously unequal schools Obviously unequal schools Not so obviously unequal schools Not so obviously unequal schools Separate schools inherently unequal Separate schools inherently unequal

11. Can separate schools be equal? Step 1: obvious inequalities Step 1: obvious inequalities Lloyd Gaines Lloyd Gaines Ada Lois Sipuel Ada Lois Sipuel Step 2: deciding that a separation creates inequality in less obvious cases Step 2: deciding that a separation creates inequality in less obvious cases Heman Sweatt Heman Sweatt George McLaurin George McLaurin

12. Making separation inherently unequal; 1950 strategy to go for integration 1950 strategy to go for integration Brown v. Board of Education (1954) Brown v. Board of Education (1954) Implementation Implementation Class action suit Class action suit All deliberate speed All deliberate speed Collapse of resistance in the 1970s Collapse of resistance in the 1970s

13. Phase II - Overturn separate but equal doctrine - Brown vs Topeka (1954) De jure - By Law - Correct at all deliberate speed

14. The rationale Detriment to pupils by creating sense of inferiority Detriment to pupils by creating sense of inferiority Social science used because intent of Fourteenth Amendment unclear; needed unanimous decision Social science used because intent of Fourteenth Amendment unclear; needed unanimous decision

15. Phase III Overcome resistance in the South - Not until 1970 was the dual school system an thing of the past

16. Phase IV De facto - In fact - achieve racial balance rather than simple nondiscrimination Swann v Charlotte- Mecklenburg (1971) - achieve balance through court ordered busing.

17. 1968 rejection of "freedom of choice" plan settles matter; mixing Charlotte-Mecklenburg, 1971 Charlotte-Mecklenburg, 1971 Proof of intent to discriminate Proof of intent to discriminate One-race school creates presumption of intent One-race school creates presumption of intent Remedies can include quotas, busing, redrawn lines Remedies can include quotas, busing, redrawn lines Every school not required to reflect racial composition of school system Every school not required to reflect racial composition of school system Busing remains controversial Busing remains controversial Some presidents oppose but still implement it Some presidents oppose but still implement it 1992 decision allows busing to end if segregation caused by shifting housing patterns 1992 decision allows busing to end if segregation caused by shifting housing patterns

18. THEME C Legislative Action on Civil Rights Mobilization of opinion by dramatic event to get on agenda Sit-ins and freedom rides Martin Luther King, Jr. From nonviolence to long, hot summers

19. Opponents' defensive positions Senate Judiciary Committee controlled by southern Democrats Senate Judiciary Committee controlled by southern Democrats House Rules Committee controlled by Howard Smith House Rules Committee controlled by Howard Smith Senate filibuster threat Senate filibuster threat President Kennedy reluctant President Kennedy reluctant

20. Four developments broke deadlock Change of public opinion Change of public opinion Violent white reactions of segregationists became media focus Violent white reactions of segregationists became media focus Kennedy assassination Kennedy assassination 1964 Democratic landslide 1964 Democratic landslide

21. Mood of Congress shifted to pro-civil rights Five bills pass, 1957-1968 Five bills pass, 1957-1968 1957, 1960, 1965: voting rights laws 1957, 1960, 1965: voting rights laws 1968: housing discrimination law 1968: housing discrimination law 1964 civil rights bill: the high point--employment, public accommodations 1964 civil rights bill: the high point--employment, public accommodations Broad in scope, strong enforcement mechanisms Broad in scope, strong enforcement mechanisms Johnson moves after Kennedy assassinated Johnson moves after Kennedy assassinated Discharge petition, cloture invoked Discharge petition, cloture invoked Effects since 1964 Effects since 1964 Dramatic rise in black voting Dramatic rise in black voting

23. Racial Profiling-A major political issue, but few firm facts Stopping drivers for "driving while black" Stopping drivers for "driving while black" Condemned by Clinton, Bush, and Congress Condemned by Clinton, Bush, and Congress A complex issue, worthy of debate A complex issue, worthy of debate Inherently discriminatory and always wrong? Inherently discriminatory and always wrong? Trends can exist and possibly provide useful clues Trends can exist and possibly provide useful clues Weighing costs and benefits Weighing costs and benefits Does profiling increase the ability of police to catch criminals? Does profiling increase the ability of police to catch criminals? If so, by how much? If so, by how much? When is profiling justified (young, male, Middle Easterners involved in September 11 attacks)? When is profiling justified (young, male, Middle Easterners involved in September 11 attacks)? What impact does profiling have on innocent people? What impact does profiling have on innocent people?

24. THEME D Women and Equal Rights Supreme Court said in 1971 than any law that classifies people on the basis of sex "must be reasonable, not arbitrary, and must rest on some ground of difference having a fair and substantial relation to the object of the legislation.

25. Roster v Goldberg (1981) Congress may draft men but not women without violating due process.

26. Roe vs Wade and later Webster and Casey decisions on abortion rights.

27. Equal Rights Amendment - proposed by Congress in 1972, dead by 1982.

28. Women and equal rights Supreme Court's position altered after the 1970s Supreme Court's position altered after the 1970s Somewhere between reasonableness and strict- scrutiny standard Somewhere between reasonableness and strict- scrutiny standard Gender-based differences prohibited by courts Gender-based differences prohibited by courts Age of adulthood Age of adulthood Drinking age Drinking age Arbitrary employee height-weight requirements Arbitrary employee height-weight requirements Mandatory pregnancy leaves Mandatory pregnancy leaves Little League exclusion Little League exclusion Jaycees exclusion Jaycees exclusion Unequal retirement benefits Unequal retirement benefits

29. Gender-based differences allowed by courts All-boy/all-girl schools All-boy/all-girl schools Widows' property tax exemption Widows' property tax exemption Delayed promotions in Navy Delayed promotions in Navy Statutory rape Statutory rape

30. Reed v. Reed (1971): Held that laws which treat men and women differently must be based on an important government objective and must be substantially related to achieving that goal. This was the first use of intermediate or heightened scrutiny applied to gender classification. Held that laws which treat men and women differently must be based on an important government objective and must be substantially related to achieving that goal. This was the first use of intermediate or heightened scrutiny applied to gender classification.

31. Sexual harassment Requesting sexual favors as condition for employment Requesting sexual favors as condition for employment "quid pro quo" rule "quid pro quo" rule Employer "strictly liable" Employer "strictly liable" Hostile or intimidating work environment Hostile or intimidating work environment Employer not strictly liable Employer not strictly liable Employer can be at fault if "negligent" Employer can be at fault if "negligent" Almost no federal laws governing it Almost no federal laws governing it Vague and inconsistent court and bureaucratic rules tell us what it is Vague and inconsistent court and bureaucratic rules tell us what it is

32. Abortion Until 1973 regulated by states Until 1973 regulated by states 1973: Roe v.Wade 1973: Roe v.Wade Struck down Texas ban on abortion Struck down Texas ban on abortion Woman's freedom to choose protected by Fourteenth Amendment ("right to privacy") Woman's freedom to choose protected by Fourteenth Amendment ("right to privacy") First trimester: no regulations First trimester: no regulations Second trimester: no ban but regulations to protect health Second trimester: no ban but regulations to protect health Third trimester: abortion ban Third trimester: abortion ban Critics claim life begins at conception Critics claim life begins at conception Fetus entitled to equal protection Fetus entitled to equal protection Supporters say no one can say when life begins Supporters say no one can say when life begins Pro-life versus pro-choice Pro-life versus pro-choice Hyde Amendment (1976): no federal funds for abortion Hyde Amendment (1976): no federal funds for abortion Gag order on abortion referrals imposed under Bush, removed under Clinton Gag order on abortion referrals imposed under Bush, removed under Clinton

33. Abortion 1973-1989: Supreme Court withstood attacks on Roe v. Wade 1973-1989: Supreme Court withstood attacks on Roe v. Wade 1989: Court upheld Missouri law restricting abortion 1989: Court upheld Missouri law restricting abortion Casey decision lets Roe stand but permits more restrictions: twenty-four-hour wait, parental consent, pamphlets Casey decision lets Roe stand but permits more restrictions: twenty-four-hour wait, parental consent, pamphlets

34. THEME E - Women and the Economy 1. Government Funded Day Care 2. Child Support Enforcement; 3. Pregnancy Leave 4. Comparable Worth

35. Affirmative Action: Yesterday and Today Affirmative action can be defined as a program that encourages the hiring and promotion of members of groups that have been discriminated against in the past. Affirmative action can be defined as a program that encourages the hiring and promotion of members of groups that have been discriminated against in the past. It is an effort to make up for past wrongs. It is an effort to make up for past wrongs.

36. Affirmative Action: Yesterday and Today Affirmative action programs have attacked employment discrimination with four methods: Affirmative action programs have attacked employment discrimination with four methods: 1. Active recruitment of women and minorities 2. Elimination of prejudicial questions on employment applications

37. Affirmative Action: Yesterday and Today 3. Establishment of specific goals and timetables for minority hiring 4. Validation of employment testing procedures

38. Affirmative action - Equality Equality of results Equality of results Racism and sexism overcome only by taking them into account in designing remedies Racism and sexism overcome only by taking them into account in designing remedies Equal rights not enough; people need benefits Equal rights not enough; people need benefits Affirmative action should be used in hiring Affirmative action should be used in hiring Equality of opportunities Equality of opportunities Reverse discrimination to use race or sex as preferential treatment Reverse discrimination to use race or sex as preferential treatment Laws should be color-blind and sex neutral Laws should be color-blind and sex neutral Government should only eliminate barriers Government should only eliminate barriers

39. Targets or quotas? Issue fought out in courts Issue fought out in courts No clear direction in Supreme Court decisions No clear direction in Supreme Court decisions Court is deeply divided; affected by conservative Reagan appointees Court is deeply divided; affected by conservative Reagan appointees Law is complex and confusing Law is complex and confusing Bakke: numerical minority quotas not permissible Bakke: numerical minority quotas not permissible

40. ( 1)Bakke (1978): numerical minority quotas not permissible, taking race into account was permissible. 2.Emerging standards for quotas and preference systems a.Must be "compelling" justification b.Must correct pattern of discrimination

41. Emerging standards for quotas and preference systems Must be "compelling" justification Must be "compelling" justification Must correct pattern of discrimination Must correct pattern of discrimination Must involve practices that discriminate Must involve practices that discriminate Not likely to apply to who gets laid off Not likely to apply to who gets laid off

42. " Compensatory action" (helping minorities catch up) versus "preferential treatment" (giving minorities preference, applying quotas) Public supports former but not latter Public supports former but not latter In line with American political culture In line with American political culture Support for individualism Support for individualism Support for needy Support for needy

43. Affirmative Action: Yesterday and Today Some people believe that it is time to rethink affirmative action. Some people believe that it is time to rethink affirmative action. The debate concerns the merits of a program that grants preferential treatment to specific groups. The debate concerns the merits of a program that grants preferential treatment to specific groups. The debate will, no doubt, continue over the next decades. The debate will, no doubt, continue over the next decades.

44. University of Michigan (2003) Undergraduate Plan – Not Constitutional – Based on a strict numerical system defined as a quota Undergraduate Plan – Not Constitutional – Based on a strict numerical system defined as a quota Law School Plan – Constitutional - Individually Based Preference System Considering a Number of Factors Law School Plan – Constitutional - Individually Based Preference System Considering a Number of Factors

45. Gays and the Supreme Court State laws could ban homosexual activities - But Not in Private State laws could ban homosexual activities - But Not in Private Court struck down amendment to state constitution prohibiting cities from adopting an ordinance banning discrimination against gays Court struck down amendment to state constitution prohibiting cities from adopting an ordinance banning discrimination against gays

46. Lawrence and Garner v. Texas (2003): Texas statute forbidding consenting adults from engaging in homosexual sex in the privacy of their own home held unconstitutional under the Fourteenth Amendment’s Due Process Clause Texas statute forbidding consenting adults from engaging in homosexual sex in the privacy of their own home held unconstitutional under the Fourteenth Amendment’s Due Process Clause

47. Figure 15.3 States Whose Hate-Crime Laws Include Sexual Orientation Source: From USA Today, May 18, 2000. Copyright 2000, USA Today. Reprinted with permission. WA OR ID WY NV AZ UT CO NM CA MT

48. Disability Mentally or physically challenged people find it difficult to enter the job market even though their right to do so is protected by the Americans with Disabilities Act of 1991. Mentally or physically challenged people find it difficult to enter the job market even though their right to do so is protected by the Americans with Disabilities Act of 1991.

49. Disability Discrimination against the mentally or physically challenged takes many forms, but there are several that are common: Discrimination against the mentally or physically challenged takes many forms, but there are several that are common: Asking about an impairment Asking about an impairment Requiring a candidate to have a physical exam Requiring a candidate to have a physical exam

50. Disability Reducing health insurance for an employee with a particular infirmity Reducing health insurance for an employee with a particular infirmity Firing based on the development of a disability Firing based on the development of a disability Refusing to serve a customer who has a disability Refusing to serve a customer who has a disability

52. Self - Test