1. © 2014 Pearson Education, Inc. All rights reserved. Politics in States and Communities (15 Ed.) Thomas Dye and Susan MacManus

2. © 2014 Pearson Education, Inc. All rights reserved. Chapter 15 Politics and Civil Rights Edited for POLI 458 – Bob Botsch

3. © 2014 Pearson Education, Inc. All rights reserved. Learning Objectives Evaluate the extent to which city government policies have changed as a result of minority incorporation into the political system. Trace the legal status of segregation from the Civil War through Brown v. Board of Education. Categorize the states according to their response to the Supreme Court’s mandate to desegregate public schools, describe the resistance to desegregation in the South, and discuss the response of the federal government in desegregation. Demonstrate how de facto segregation results in racial imbalance in public schools, discuss efforts to address this imbalance through busing, and evaluate whether and under what circumstances such efforts are worthwhile. Explain why the Civil Rights Act and fair housing laws were necessary for ensuring the civil rights of African Americans and other minorities. Describe how affirmative action programs are designed to increase the equality of results in the United States; outline the Supreme Court decisions related to affirmative action; explain why some are opposed to affirmative action; and discuss the efforts they have pursued to end the practice. Describe the size of the Hispanic population in the United States; and outline the characteristics of Mexican Americans, Puerto Ricans, and Cuban Americans. Trace the political mobilization and voter turnout of Hispanics, and describe their partisanship and ideology. Trace the history of the legal relationships between the United States and Indian nations, and describe the current status and governments of Indian nations. Describe the extent to which the American population is disabled, and describe the protections afforded to Americans with disabilities through the Americans with Disabilities Act. Describe the prohibitions against age discrimination afforded to Americans. Describe the prohibitions against gender discrimination that are codified in federal law and Supreme Court decisions, describe the earnings gap between men and women, and evaluate whether comparable worth should be instituted to narrow this gap. Compare “pro-life” and “pro-choice” attitudes about abortion, trace abortion restrictions imposed by the states at various times, and discuss the Supreme Court decisions related to abortion. Trace the expansion of gay rights from the Stonewall riots through the Supreme Court’s recent decision about the Defense of Marriage Act, and list various gay rights issue areas that are covered by state laws.

4. © 2014 Pearson Education, Inc. All rights reserved. From Protest to Power African Americans and Hispanics—from exclusion in city politics to progress post 1960s Policy consequences of minority representation in local government: oBlack elected officials take unemployment and poverty issues more seriously than whites of the same cities. They are also likely to add more race-related distribution to city jobs and services. oPolitical participation increased among the black population. oElection of black mayors reduced fears among whites about consequences of electing blacks oSome evidence of reduction of racial polarization in voting, at least in some urban areas

5. The Historical Struggle Against Segregation “Separate but equal”: Plessy v Ferguson (1896) Supreme Court ruling that held segregated facilities lawful; reversed in 1954 NAACP: The largest African American civil rights organization, played a prominent role in reversing “separate but equal” Brown v. Board of Education of Topeka: The 1954 Supreme Court decision that held “separate but equal” to be unconstitutional; huge symbolic importance (Briggs v Elliott SC case joined with Brown)Briggs v Elliott © 2014 Pearson Education, Inc. All rights reserved.

6. State Resistance to Desegregation Segregation in the states: In 1954, 17 states and D.C. required segregation in public schools; 4 others made it a local option Resistance: Using various schemes (delay, state paying tuition to private schools, ending compulsory attendance, pupil placement laws), resistance was the policy of the 11 states of the Old Confederacy Federal funds: Civil Rights Act of 1964 threatened loss of federal funds to states that refused to desegregate Unitary schools: In 1969 (called “Brown II”), Supreme Court said every school district was obligated to end dual school systems “at once” and “now and hereafter”

7. © 2014 Pearson Education, Inc. All rights reserved. Segregation Laws in the United States in 1954

8. © 2014 Pearson Education, Inc. All rights reserved. Racial Balancing in Schools Racial Balance—aimed at de facto segregation—involved busing Federal Court Supervision—ordered busing when officials had contributed to imbalance—not required when govt had not contributed to imbalance When Is Desegregation Complete? Supreme Court has ended in places where things have gone “as far as practicable.” Is Racial Balancing Constitutional? Use of racial classification undergo “strict scrutiny” – minimize use of race unless achieve a compelling government interest Continuing Racial Separation and “White Flight”

9. © 2014 Pearson Education, Inc. All rights reserved. The Civil Rights Act of 1964 Law aimed at both government actions and private activities that served the public (e.g. restaurants) Civil Rights Act of 1964 passed both houses of Congress by better than a two- thirds favorable vote with support of both Republican and Democratic members of Cong ress Fair Housing added in the Civil Rights Act of 1968: –Anti-discrimination in the sale and rental of housing to minorities

10. © 2014 Pearson Education, Inc. All rights reserved. Affirmative Action Battles Continuing Inequalities that result from different life chances 2 Policy Choices—end discrimination to be color/gender blind OR be color/gender conscious to make up for existing handicaps Constitutional Issues – The Bakke Case—no quotas but accounting for race—a fine line Affirmative Action ok as a Remedy for Past Discrimination (Weber, 1979; Paradise, 1987) Cases Questioning Affirmative Action (Stotts, 1984; Croson, 1989)—back and forth by a divided Supreme Court Affirmative Action and “Strict Scrutiny”—must be necessary for past descrimination Ending Racial Preferences by Initiative and Referenda—popular pushback (California, Washington, and Michigan initiatives)

11. © 2014 Pearson Education, Inc. All rights reserved. Minority Life Chances

12. © 2014 Pearson Education, Inc. All rights reserved. Hispanics in America Hispanics are now the nation’s largest minority, at 16.3 percent of the population. Mexican Americans: Have won governorships and election to Congress, but political power still less than population percentage Puerto Ricans: Are citizens, though the commonwealth island has no voting member of Congress Cuban Americans: Tend to be better educated and higher paid than other Hispanic subgroups

13. © 2014 Pearson Education, Inc. All rights reserved. Minorities in America

14. © 2014 Pearson Education, Inc. All rights reserved. Hispanic Politics Political mobilization: Organizing of farm workers in 1960s led to increased political activity throughout the Southwest Voter turnout: Made up 10 percent of the electorate in 2012, but still lower than percentage of general population Partisanship: Generally favor Democratic Party, though Cuban Americans more Republican Ideology: Generally conservative on social issues like abortion, liberal on economic issues like national health insurance

15. © 2014 Pearson Education, Inc. All rights reserved. Americans with Disabilities Some 57 million Americans, 19 percent of population, have some kind of disability. Americans with Disabilities Act (ADA): Requires “reasonable accommodations” that do not involve “undue hardship” Mental and learning disabilities: Act protects the rights of people with psychiatric disabilities, not just physical ones Lawsuits: Act has led to a flood of lawsuits against private businesses as well as state and local governments

16. © 2014 Pearson Education, Inc. All rights reserved. Age Discrimination Age discrimination was first addressed in the Age Discrimination in Employment Act (ADEA) of 1967. The ADEA and its amendments forbid age discrimination against people who are 40 or older.

17. © 2014 Pearson Education, Inc. All rights reserved. Gender Equality Employment—Title VII, Civil Rights Act of 1964—no men’s and women’s jobs Gender Classifications—series of Sup Ct rulings: no age differences; jobs and arbitrary height and weight; insurance and retirement; coach’s salaries: but single gender schools & draft ok Education—Title IX of 1972 Federal Education Act Amendment for Civil Rights Act The Earnings Gap—Federal Pay Act of 1963, from 59 to about 77 cents/dollar—occupational differences big difference today Comparable Worth—mostly historical value— only state of Washington

18. © 2014 Pearson Education, Inc. All rights reserved. Battles Over Abortion Early State Laws—almost universally outlawed by states till 1960s except life of mother—few exceptions for rape, incest, health of mother Roe v. Wade (1973)—no fetal rights, trimester divide; privacy Reactions in the States—many limits and Sup Ct rules no right to have govt pay for abortions Abortions in the States Declining; 1 m/yr; Use of Contraception Rising Abortion Restrictions—Webster (1989) allowed test of viability Reaffirming Roe v. Wade—Casey (1992)—”undue burden” “Partial-Birth” Abortions—Sup Ct limits bans when life of mother at stake; national 2003 Partial Birth Abortion Ban Act—life of mother exception kept in law Abortion Battles in the States—many limits: denial of public financing, conscience laws, informed consent info to mother; parental notification

19. © 2014 Pearson Education, Inc. All rights reserved. Restrictiveness of State Abortion Laws

20. Politics and Sexual Orientation Privacy Rights—Lawrence v. Texas (2003) undermined sodomy laws “Don’t Ask, Don’t Tell”—military policy under Clinton—ended in 2010 Same-Sex Marriage—under legal challenge Defense of Marriage Act (DOMA)—U.S. v Windsor (2013) threw out federal discrimination under equal protection AIDS—little $ til “anyone could get AIDS” State Laws that may be changed: adoption, hate crimes, health, employment, housing

21. Generation Gap: Changing Attitudes toward Same-Sex Marriage

22. Opinion in Aiken County Voters, 2014 See study at Age18-3536-5051-6566+ % favor gay marriage 42%34%25%22% © 2014 Pearson Education, Inc. All rights reserved.

23. On the Web www.naacp.org National Association for the Advancement of Colored Peoplewww.naacp.org www.now.org National Organization for Womenwww.now.org www.aclu.org American Civil Liberties Unionwww.aclu.org