1. 19 Civil Rights

2. Copyright © Houghton Mifflin Company. All rights reserved.19 - 2 The Civil Rights Movement: Blacks I Major Steps in the movement: 1.Blacks move in to interest groups and advocate change in the court a.Progress, in a majoritarian political system, depended on 1.Finding more white allies 2.Moving into policy-making arenas where whites didn’t have a decided advantage (the Courts) 3.Result: Plessy-Gaines-Sipuel-Sweatt-McLaurin-Brown decisions: separate inherently unequal 2.Blacks mobilize northern opinion on behalf of this civil rights movement a.Northern whites initially supported movement, as they see this as an unfair white/black struggle b. Integration opposed in South; Brown decision relies on social science c. De Jure (South) vs. De Facto (North) Segregation: busing to ameliorate intended segregation d. Busing can end if segregation due solely to housing patterns e. Handout: rates of mortgage grants/redlining 3.Northern opposition emerges in face of unilaterally imposed AA and busing a.Imposed quotas must now meet strict scrutiny of having to serve a legitimate government purpose 4. Congressional Campaign a. Agenda-setting success offset by coalition-building defeats: whites see demonstrations and riots as lawlessness b. Legislative politics: deadlock with Southern Democratic positions in Congress c. Kennedy reluctant to submit strong civil rights legislation

3. Copyright © Houghton Mifflin Company. All rights reserved.19 - 3 The Civil Rights Movement: Blacks II 4. The Congressional Campaign, pt. 2 a. 4 developments broke deadlock 1. Public Opinion change 2. Violent white reaction of segregationists received extensive media coverage 3. Kennedy assassination 4. 1964 Democratic Landslide 5. Five Bills pass, 1957-1968 a. 1957, 1960, 1965: Voting Rights Acts b. 1968: Housing Discrimination Laws c. 1964: Civil Rights Act: the high point- employment, public accommodations, voting, schools 6. Effects since 1964 a. Mood of Congress has shifted and is now supportive of rights 1. 1988 overturn of Reagan’s veto of the civil rights law b. Dramatic rise in African American voting and change in public opinion 7. But, 1992 Harvard Project on School Desegregation: a. 67% of blacks attend majority black institutions; 77% in 1964 b. Money follows students c. Blacks (and Hispanics) granted home mortgages at a rate of 40% compared to whites

4. Copyright © Houghton Mifflin Company. All rights reserved.19 - 4 Figure 19.2: Growing Support Among Southern Democrats in Congress for Civil Rights Bills Sources: Congressional Quarterly, Congress and the Nation, vols. 1, 2, 3, 7, 8.

5. Copyright © Houghton Mifflin Company. All rights reserved.19 - 5 Table 19.1: Increase in Number of Black Elected Officials

6. Copyright © Houghton Mifflin Company. All rights reserved.19 - 6 The Civil Rights Movement: Women Marked by a conflict between protection and liberty Women’s movement faced with asking to repeal “protective” measures Led to defeat of ERA (That plus Phyllis Schafly’s hot dogs and pie) 1.Standards of protection: between Reasonableness and Strict Scrutiny a.Prohibited classifications: age of adulthood, drinking age, arbitrary height/weight, mandatory pregnancy leaves, Little league exclusion, business/professional associations, retirement benefits, high school coaching salaries b.Acceptable classifications: Statutory rape, single-gender schools, Widows’ property tax exemptions, delayed Naval promotions. VMI case bordered on strict scrutiny 2.The Draft a.Rostker v. Goldberg (1981): men w/o women can be required to register b.Women in air/sea combat, but not ground 3.Sexual Harassment a.Quid pro quo b.Hostile environment 4.Abortion a.1789-1973: States b.1973-1989: Roe v. Wade. 1989- present: some restrictions o.k.