1. Political Science American Government and Politics Today
Chapter 5
Civil Rights: Equal Protection

2. Civil Rights
All rights rooted in the Fourteenth Amendments’ guarantee of equal protection under the law
what the government must do to ensure equal protection
what the government must do to ensure freedom from discrimination
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3. The Constitution and Slavery
In apportioning congressional representation based on population, the constitution refers to free persons and “other persons” (or slaves)
For purposes of representation, a slave was equal to 3/5 of a free person
Supreme Court confirms constitutionality of slavery in Dred Scott v. Sanford (1847)
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4. The Civil War Amendments
Thirteenth Amendment (1865) – neither slavery nor involuntary servitude shall exist in the United States’
Fourteenth Amendment (1868) – all persons born or naturalized in the United State are citizens
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5. The Civil War Amendments (cont.)
states cannot abridge the privileges or immunities of citizens
all persons (whether or not they are citizens) are entitled to due process
all persons are entitled to equal protection
Fifteenth Amendment (1870) – the right to vote shall not be denied because of race, color or previous condition of servitude
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6. Key Points of the Civil Rights Acts of 1865 to 1875
The First Civil Rights Act
extended citizenship to anyone born in the United States
gave African Americans full equality before the law
authorized the president to enforce the act through use of force
The Enforcement Act of 1870
set out specific penalties for interfering with the right to vote
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7. Key Points of the Civil Rights Acts of 1865 to 1875 (cont.)
The Anti-Ku Klux Klan Act (1872)
made it a federal crime to deprive an individual of his or her rights
The Second Civil Rights Act (1875)
everyone is entitled to equal enjoyment of public accommodation and places of public amusement
imposed penalties for violators
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8. The Civil Rights Act were nullified (rendered void) through
The Civil Rights Cases (1883)
the Supreme Court rules that the 14th amendment only prevents official discriminatory acts by states, not by private individuals
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9. The Civil Rights Act were nullified (rendered void) (cont.)
Plessy v. Ferguson (1896)
stated that segregation did not violate the 14th amendment
established the separate-but-equal doctrine
paved the way constitutionally for a system of racial segregation developed, especially in the South
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10. Barriers to voting by African Americans
the white primary – a state primary election in which only whites may vote
allowed because Southern politicians claimed political parties were private entities
was outlawed by the Supreme Court in 1944 (Smith v. Allwright)
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11. Barriers to voting by African Americans (cont.)
grandfather clause – restricting voting to individuals who could prove that their grandfathers had voter prior to 1867
was used to exempt whites from poll taxes
was used to exempt whites from literacy tests
poll taxes – required the payment of a fee to vote
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12. Barriers to voting by African Americans (cont.)
intended to disenfranchise poor African Americans
was outlawed in national elections by the 24th amendment
was outlawed in all elections by the Supreme Court in 1966
literacy tests -- required potential voters to read, recite or interpret complicated texts
intended to disenfranchise African Americans
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13. Ending Legal Segregation
Brown v. Board of Education of Topeka (1954) – Supreme Court rules public school segregation violates the 14th amendment
overturns Plessy v. Ferguson
Brown v. Board of Education (1955) – orders desegregation “with all deliberate speed”
Court –ordered busing – transporting African American children to white schools and white children to African American schools
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14. Modern Civil Rights Legislation
Civil Rights Act of 1964
forbade discrimination on the basis of race, color, religion, gender and national origin in
voter registration
public accommodations
public schools
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15. Modern Civil Rights Legislation- (cont.)
expanded the power of the Civil Rights Commission
withheld funds from programs administered in a
discriminatory way
established the right to equality of opportunity in employment (created the EEOC)
Civil Rights Act of 1968
forbade discrimination in housing
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16. Modern Civil Rights Legislation (cont.)
Voting Rights Act of 1965
outlawed discriminatory voter registration tests
authorized federal registration and administration of voting where discrimination took place
resulted in massive voter registration drives of African Americans in the South
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17. Women’s Struggle for Equal Rights
Women’s Suffrage Movement
was connected to the abolition movement
suffragists organized the first women’s right convention at Seneca Falls, NY in 1848
established women’s suffrage associations
finally won passage of the Nineteenth Amendment in 1920
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18. Women’s Struggle for Equal Rights (cont.)
The Modern Women’s Movement
spurred in by the publication of Betty Friedan’s The Feminine Mystique ( 1963)
connected to the Civil Rights Movement of the 1960’s
argued for ratification of the Equal Rights Amendment
failed to win the necessary states for ratification
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19. Women’s Struggle for Equal Rights (cont.)
has targeted gender discrimination by challenging policies and laws in federal courts
has advocated and encouraged an increasingly prominent role for women in government and politics
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20. Gender Based Discrimination in the Work Place
gender discrimination – any practice, policy or procedure that denies equality of treatment to an individual or group because of gender
prohibited by Title VII of the Civil Rights Act of 1964
applies even to “protective policies,” policies designed to protect women of child-bearing age
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21. Gender Based Discrimination in the Work Place (Cont.)
sexual harassment – unwanted physical or verbal conduct or abuse of a sexual nature that
interferes with a recipient’s job performance OR
creates a hostile environment
carries and implicit or explicit threat of adverse employment consequences
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22. Gender Based Discrimination in the Work Place (cont.)
wage discrimination – women earn 76 cents for every $1.00 earned by men
the glass ceiling – the phenomenon of women holding few of the top positions in professions or businesses
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23. Affirmative Action a policy in educational admissions or job hiring
gives special consideration or compensatory treatment to traditionally disadvantaged groups
is an effort to overcome present effects of past discrimination
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24. Obstacles to Affirmative Action
Regents of the University of California v. Bakke (1978) – a reverse discrimination case; the Supreme Court ruled that using race as the sole criterion for admission to a university is improper
Adarand Constructors, Inc. v. Pena (1995) - Affirmative action programs cannot use quotas for unqualified persons
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25. Obstacles to Affirmative Action (cont.)
The Supreme Court let the decision stand in Hopwood v. State of Texas (1996) – a federal appellate court ruled that the use of race as a means of achieving racial diversity undercuts the 14th amendment
California Proposition 209 ended all state-sponsored affirmative action programs in the state
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26. Elderly Population by Age
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27. Special Protection for Older Americans
Population Projections
Attempts to Protect Older Americans
Age Discrimination in Employment Act of 1967 – prohibits discrimination on the basis of age unless age is shown to be a bona fide occupational qualification
Mandatory Retirement – is prohibited in most occupation by an amendment to the ADEA (1978)
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28. Securing Rights for Persons with Disabilities
The Americans with Disabilities Act of 1990
requires all public buildings and services be accessible to persons with disabilities
requires employers make reasonable accommodations for people with disabilities
defines “disabilities” as physical or mental impairments that substantially limit everyday activities
In Bragdon v. Abbott (1998) the Supreme Court ruled that an HIV infection falls under the protection of the ADA
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29. The Rights and Status of Gay Males and Lesbians
in decades past, most states had anti-sodomy laws
most laws now have been repealed
the Supreme Court upheld a law in Bowers v. Hardwick (1986) that made homosexual conduct between two adults a crime
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30. The Rights and Status of Gay Males and Lesbians (cont.)
in Romer v. Evans (1986) the Supreme Court ruled that a Colorado amendment that invalidated state laws protecting homosexuals violated the equal protection clause
now 11 states and 165 municipalities have laws that protect gay men and lesbians from discrimination
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31. The Gay Community and Politics
Gay Men and Lesbians in the Military
1993 Clinton administration policy was characterized as “don’t ask, don’t tell”
Supreme Court will likely rule on the issue
Same-sex marriages
the Hawaii Supreme Court ruled that denying marriage licenses to gay couples might violate the equal protection clause of the state constitution
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32. The Gay Community and Politics (cont.)
in a referendum, voters in Hawaii opposed allowing same-sex marriages
the Vermont legislature has passed a law allowing same-sex “civil unions”
Child Custody and Adoption
courts now no longer deny custody or visitation to persons solely on the basis of sexual orientation
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33. The Rights and Status of Juveniles
parents are viewed as protectors of children’s rights
the 26th amendment grants year olds the right to vote
most contracts entered into by minors cannot be enforced
parents can be held liable for minor’s negligent actions
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34. The Rights and Status of Juveniles (cont.)
minors are sometimes viewed as incapable of criminal intent
when minors are tried as adults, they are afforded the same protections, but are subject to adult penalties (including the death penalty)
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