2. Civil Rights  What are they?  Who has needed to fight them?  African Americans  Women  Native Americans  Hispanic Americans  Asian Americans  Older Americans  Disabled Americans  Gays and Lesbians  Rarely achieved a greater measure of justice without a struggle

3. African Americans  Brown v. Board (1954)  1963 televised march in Birmingham  March on Washington for Jobs and Freedom  Civil Rights Act of 1964  Public facilities and no job discrimination  Voting Rights Act of 1965  Political representation today  Still below proportion…but rising sharply

4. Women  1848—Seneca Falls—Lucretia Mott and Elizabeth Cady Stanton  Nineteenth Amendment  Equal Pay Act of 1963  Title IX—1972  Equal Credit Act of 1974  Not close politically to equality  Gender gap  Educational abilities today  Glass ceiling  Family and Medical Leave Act of 1993

5. Native Americans  We haven’t been very nice…  Lawsuits to reclaim lands  Reservations  College, life expectancy, poverty, infant mortality  Promote self-government and economic self- sufficiency  1970s—Bureau of Indian Affairs and Wounded Knee  Gaming Casinos

6. Hispanic Americans  Farmworkers’ strikes  Grapes and lettuce  Cesar Chavez  Bilingual ballots and education  What are current controversies with this group?  Growing political force  Lean Democrat (except Cuban-Americans)  Liberal on economy and conservative on social

7. Asian Americans  Late 1800s—railroads and mines  Lau v. Nichols (1974)  Regular classrooms and 14 th Amendment  Upwardly mobile  Underrepresented politically

8. Older Americans  Age Discrimination Act of 1975  Age Discrimination in Employment Act of 1967  Mandatory retirement ages are not OK  In most cases  Unlike previous groups we discussed, age discrimination not prohibited by U.S. Constitution

9. Disabled Americans  Americans with Disabilities Act in 1990  Access  Not a constitutionally protected group  Stores and delivery?

10. Gays and Lesbians  Romer v. Evans (1996)  Had tried to eliminate protections for homosexuals  Military—don’t ask, don’t tell  Vermont—civil unions  Massachusetts—legal marriage  California battle  Most states ban it constitutionally when offered the chance

11. Equal Protection  Thanks to the 14 th Amendment  When are inequalities allowed?  Reasonable-basis test  21 and 18 year olds drinking  Not suspect category  Intermediate scrutiny  Gender  Almost suspect category  Strict-scrutiny test  Race and ethnicity  Have to prove that it is necessary

12. Equal Access  14 th Amendment does not prohibit discrimination by private parties  Civil Rights Act of 1964  Equal access to restaurants, bars, hotels, theaters, gas stations, etc.  Civil Rights Act of 1968  Cannot refuse to sell or rent housing to someone based on race, religion, ethnicity, or gender  Voting Rights Act of 1965  White-only primaries, poll taxes (24 th Amendment), literacy test  Renewed many times…2006  League of United Latin American Voters v. Perry (2006)  Shaw v. Hunt (1996)  Easley v. Cromartie (2001)

13. Equality of Result?  De facto discrimination v. de jure discrimination  Affirmative Action  At first, burden of proof was on women  That changes in the 1960s  Disproportionate granting of opportunities to white males is a result of necessity

14. Affirmative Action Cases  University of California Regents v. Bakke (1978)  Quotas are not OK…but racial considerations are  Adarand v. Pena (1995)  Contract issues  Gratz v. Bollinger (2003)  Undergraduate policy not OK because specific weight given to race (20/150 points)  Grutter v. Bollinger (2003)  Law school policy is OK

15. For Thursday…  Think about the differences between the Michigan cases…does it make sense? Is it fair?  How do civil rights and civil liberties overlap? Should the government prohibit racist language and hate speech or are these protected by the First Amendment?  How do the cases R.A.V. v. St. Paul and Wisconsin v. Mitchell distinguish the difference between an individual's intentions and actions?  What should the goal of equal rights be in our country? How can we get closer to achieving actual equality?