1. Equal Rights: Struggling Toward Fairness
Chapter 5

2. Martin Luther King, Jr.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.”
MLK was the youngest person to ever win a Nobel Peace Prize
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2005 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

3. Civil Liberties vs. Civil Rights
Civil liberties focus on individuals
Civil rights focus on groups

4. The Struggle for Equality
Disadvantaged Americans have gained their rights through struggle against entrenched interests
African Americans
Reconstruction in the South was followed by a lengthy period of racial segregation
The removal of federal troops from the South in 1877 was followed by rapid legal discrimination against blacks
Plessy v. Ferguson (1896)
Separate but equal was acceptable
Early 20th Century-
NAACP made gains for African Americans through legal actions
Brown v. Board of Education of Topeka, Kansas (1954)
Separate but equal was NOT acceptable
Racial segregation in schools violated the equal protection clause of the 14th Amendment
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2005 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

5. Equality through Law The Fourteenth Amendment: equal protection
Forbids states from denying equal protection
Applies to government, not private individuals
Segregation in the schools
Brown v. Board of Education of Topeka—banned forced segregation in schools
Little change to segregation 15 years later
Supreme Court encouraged busing as solution to segregation; highly controversial, mixed results

6. Segregation Rates in Public Schools

7. Equality through Law The Fourteenth Amendment: equal protection
Strict-scrutiny test
Suspect category—assumed unconstitutional in the absence of an overwhelming justification
Applies to race, ethnicity, etc.
Intermediate category
Almost suspect —assumed unconstitutional unless the law serves a clearly compelling and justified purpose; applies to gender
Reasonable-basis test
Not suspect category—assumed constitutional unless no sound rationale for the law can be provided; applies to age, income, etc.

9. Equality through Law The Civil Rights Act of 1964
Aimed at eliminating discrimination by private employment practices and their operation of public accommodations
Public accommodations cannot refuse to serve customers based on race, color, religion, sex, or national origin
Hotels, restaurants, theaters, etc.
Most employers cannot refuse to consider applicants based on race, color, religion, sex, or national origin
Applies to hiring, promotion, and wages
Small businesses and church-related schools have exceptions

10. Equality through Law The Civil Rights Act of 1964
The black civil rights movement
Impetus behind Civil Rights Act of 1964
Busing boycott led by Dr. Martin Luther King Jr.
March on Washington for Jobs and Freedom
Strong resistance to Civil Rights Act, but ultimately successful

11. Equality through Law The Civil Rights Act of 1964
The movement for women’s rights
In 1789 women could not:
Vote
Hold office
Serve on juries
Own & dispense property without husband’s consent
Seneca Falls-1st women’s rights convention in 1848
Movement originally aligned with the abolition movement
Women acquire the right to vote in 1920 with Nineteenth Amendment
The Equal Rights Amendment: passed Congress but failed ratification by states

12. Equality through Law The Civil Rights Act of 1964
Hispanic Americans and the farm workers’ strikes
Strikes in 1960s and 70s, largely for migrant workers’ rights; most success in California
Growing Political Power- Election victories
Native Americans and their long-delayed rights
Granted citizenship in 1924
Protests in 1970s; greater control over own affairs
1968 Indian Bill of Rights
Over 1 million today
Lower life expectancies than national avg.
Less than ½ as likely to attend college as other Americans
Recent lawsuits to reclaim their ancestral lands

13. Equality through Law The Civil Rights Act of 1964
Asian Americans and immigration
Asians were denied entry into the U.S. for a long period
Discrimination did not ease until the 1960’s
Notable educational advancements
Upwardly mobile group but are under represented in top positions in society

14. Equality through Law The Voting Rights Act of 1965
Barring of whites-only primaries, 1940s
Twenty-fourth Amendment prohibited poll taxes, 1960s
Voting Rights Act of 1965 allowed federal agents to oversee voter registration
States prevented from creating election districts that deliberately dilute the minority vote, or to give it control

15. Equality through Law The Civil Rights Act of 1968 Housing
Prohibition of redlining

16. What’s Your Opinion? Should private discrimination be allowed?
Should private country clubs and organizations be allowed to discriminate based on:
Religion, race, color, ethnic background?
Gender, age, income?
Physical characteristics, sexual preference, lifestyles?

17. Equality through Law Affirmative action Focus on “equality of result”
De jure discrimination
Specific law—discrimination
Addressed by Brown v. Board
De facto discrimination
Social, economic, cultural biases—discrimination
Addressed by “equality of result” plans i.e. affirmative action & school busing
Since height of busing era, the trend in public schools has been back towards greater de facto segregation

18. Equality through Law Affirmative action
Arose when it became apparent that disadvantaged Americans would not attain equal employment opportunities through individual lawsuits
Seeks full and equal opportunities in education, employment, etc. for all
Controversy over ends and means
Viewed as giving preferential treatment rather than ensuring equal treatment
Affirmative action in law
University of California Regents v. Bakke (1978)
Upheld the principle of affirmative action; struck strict down quotas
SCOTUS in recent years has narrowed the application of A. Action
Adarand v. Pena (1995), Gratz v. Bollinger (2003)

19. What’s Your Opinion?
Which position on affirmative action programs comes closer to your own point of view?
Keep them without rigid quotas?
Phase them out?
Don’t know or have an opinion?

20. The Continuing Struggle for Equality
African Americans
Aftermath of the civil rights movement
Continuing high disparity in income
Discrepancies in convictions and sentencing
High rate of dissolution of black families
Movement into political office
White Flight
Today, the majority of African Americans in the nation live in neighborhoods where whites are in the minority

21. Family Structure, by Race and Ethnicity

22. The Continuing Struggle for Equality
Women
Electoral and political successes
Women have made significant gains in obtaining government positions
Geraldine Ferraro- 1st women on a national ticket of a major political party in 1984
Sandra Day O’Connor- appointed by Reagan as the 1st female SCOTUS justice
HOWEVER: The U.S. Congress has a lower % of women than most northern European national legislatures
Job-related issues
Lack of job equality
Family leave
Gender pay equity- about 80%
Comparable Worth- equal pay for work that requires similar demands, responsibilities, and levels of education and training
Sexual harassment- Anita Hill
“Feminization of poverty”

23. Percentage of Families Living in Poverty, by Family Composition and Race/Ethnicity

24. The Continuing Struggle for Equality
Native Americans
Today number more than 2,000,000
Were not given U.S. citizenship status en masse until 20th Century
Have far higher infant mortality rate than the national average
Less than half as likely to finish college as compared to other Americans
In recent years have filed suit to reclaim ancestral lands
Hispanic Americans
Immigration and legal residence issues
Fastest growing minority; electoral success

25. The Continuing Struggle for Equality
Asian Americans
About 12 million Asian Americans
Emphasis on academic achievement in Asian American communities
Upwardly mobile group

26. The Continuing Struggle for Equality
Gays and lesbians
Legal victories: Romer v. Evans, Lawrence v. Texas
Legal setbacks: Boy Scouts exclusion policy upheld; military policy
Same-sex marriage legal in some states, but federal Defense of Marriage Act allows states to deny marital rights granted by other states
Windsor v. U.S. (2013) DOMA ruled unconstitutional

27. The Continuing Struggle for Equality
Other disadvantaged groups
Older Americans
Age Discrimination Act and Age Discrimination in Employment Act
Disabled Americans
Americans with Disabilities Act

28. Opinions on Same-Sex Marriage, by Age

29. Discrimination: Surface Differences, Deep Divisions
America’s high ideals often clash with its history
Frequent tendency or desire to avoid retelling the negative aspects of American history

30. Telling the American Story to Children