1. Copyright © 2014 Cengage Learning CIVIL RIGHTS Chapter Five

2. Copyright © 2014 Cengage Learning Learning Outcomes 1. Define civil rights and locate in the U.S. Constitution the obligation on government to guarantee all citizens equal protection of the law. 2. Explain why discrimination against individuals and groups exists in the United States today. 3. Assess the limits of state and federal law in guaranteeing equality to all people. 2

3. Copyright © 2014 Cengage Learning Learning Outcomes 4. Explain why the U.S. Supreme Court plays such an important role relative to civil rights; and identify at least two significant Supreme Court decisions that advanced civil rights in the U.S. 5. Identify and explain three significant events related to each of the campaigns for civil rights undertaken by African Americans, women, the Latino community, persons with disabilities, and the LGBTQ community. 3

4. Copyright © 2014 Cengage Learning Learning Outcomes 6. Define the goal of affirmative action; explain why this approach is controversial in the U.S. 4

5. Copyright © 2014 Cengage Learning Civil Rights: Introduction  Civil rights: rights of all citizens to equal treatment under the law  What government must do to ensure equal protection and freedom from discrimination  Fourteenth Amendment guarantees  Civil liberties are limitations on government  What government cannot do 5

6. Copyright © 2014 Cengage Learning African Americans and the Consequences of Slavery in the United States  Pre-1863, Constitution protected slavery  Dred Scott decision (slaves were property)  Missouri compromise ruled unconstitutional  Non-citizens (slaves) not entitled to rights and privileges of citizenship 6

7. Copyright © 2014 Cengage Learning African Americans and the Consequences of Slavery in the United States  Ending servitude  Emancipation Proclamation (1863)  Reconstruction Amendments  13 th Amendment (1865, prohibits slavery)  14 th Amendment (1868, citizenship to blacks)  15 th Amendment (1870, voting rights for black men) 7

8. Copyright © 2014 Cengage Learning African Americans and the Consequences of Slavery in the United States  Civil Rights Acts of 1865 to 1875  Passed to enforce 13th,14 th,15th Amendments  But South still resists  Accepts preserving Union, abolishing slavery  Blocks granting legal and political rights to blacks 8

9. Copyright © 2014 Cengage Learning Klan Members during Reconstruction 9

10. Copyright © 2014 Cengage Learning African Americans and the Consequences of Slavery in the United States  Limitations of civil rights laws  Little practical effect for African Americans  Hayes presidency ends progression of rights, allows creation of Jim Crow laws  Civil Rights Cases  Invalidates much of civil rights legislation  Plessy v. Ferguson (1896)  Separate-but-equal doctrine  Jim Crow laws support segregation 10

11. Copyright © 2014 Cengage Learning African Americans and the Consequences of Slavery in the United States  Voting barriers  White primary, grandfather clause, poll taxes, literacy tests  White Southerners regain control of state governments  Extralegal methods of enforcing white supremacy 11 Copyright © 2014 Cengage Learning

12. African Americans and the Consequences of Slavery in the United States  End of separate-but-equal doctrine  NAACP established, begins legal challenges  Brown v. Board of Education of Topeka (1954)  “With All Deliberate Speed”  Reactions to school integration  Segregationist backlash; violence  Many Southern schools remained segregated 12

13. Copyright © 2014 Cengage Learning African Americans and the Consequences of Slavery in the United States  An integrationist attempt at a cure: busing  De facto segregation—occurs because of past social/economic conditions; residential patterns  De jure segregation—occurs because of laws or administrative decisions by public agencies  Court-ordered busing fails to improve educational outcomes  Resurgence of minority schools  De facto segregation  Search for socioeconomic integration 13

14. Copyright © 2014 Cengage Learning Unemployment Rates by Race and Hispanic or Latino Ethnicity, January 1972-December 2011 14

15. Copyright © 2014 Cengage Learning The Civil Rights Movement  King’s philosophy of nonviolence  Southern Christian Leadership Conference forms  Advocates civil disobedience  Nonviolent demonstrations  Sit-ins, freedom rides, freedom marches  “I have a dream” speech 15

16. Copyright © 2014 Cengage Learning The Civil Rights Movement  Another approach-- Black Power  Malcolm X advocates power, pride and separatism  Some says leads to white support of King 16 Copyright © 2014 Cengage Learning

17. Escalation of the Civil Rights Movement  Modern civil rights legislation  Civil Rights Act of 1957: Civil Rights Commission  Civil Rights Act of 1960: voting rights  Civil Rights Act of 1964  Forbids discrimination on basis of race, color, religion, gender and national origin  Title VII  Equal Employment Opportunity Commission 17

18. Copyright © 2014 Cengage Learning Escalation of the Civil Rights Movement  Modern civil rights legislation (continued)  Voting Rights Act of 1965  Outlaws discriminatory voter registration tests  Authorizes federal voter registration/administration  Dramatic increases in African American registration  Urban riots in late 1960s, early 1970s  Civil Rights Act of 1968  Housing reforms  Protections to civil rights workers 18

19. Copyright © 2014 Cengage Learning Escalation of the Civil Rights Movement  Consequences of civil rights legislation  Political participation by African Americans increases  U.S. Census and civil rights  Lingering social/economic disparities  Renewed focus on preventing voter fraud  Race conscious or postracial society? 19

20. Copyright © 2014 Cengage Learning Women’s Campaign for Equal Rights  Early women’s political movements  Abolition  Seneca Falls convention (suffrage)  Women’s suffrage associations  NWSA and AWSA, later WCTU  Work to pass constitutional amendment  Nineteenth Amendment (1920) 20

21. Copyright © 2014 Cengage Learning The Suffrage Map, Early August, 1920 21

22. Copyright © 2014 Cengage Learning Women’s Voting Rights Around the World (Selected Countries, Year Women’s Suffrage Granted) 22

23. Copyright © 2014 Cengage Learning Women’s Campaign for Equal Rights  Second wave women’s movement (1960s)  Growing awareness of rights for all  Women entering workforce and politics  The Feminine Mystique and NOW  Rise of feminism 23

24. Copyright © 2014 Cengage Learning Women’s Campaign for Equal Rights  Equal Rights Amendment  First introduced in Congress in 1923  “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”  Only ratified by 35 out of necessary 38 states  Staunchest opponents conservative women 24

25. Copyright © 2014 Cengage Learning Women’s Campaign for Equal Rights  Challenging gender discrimination in the courts and legislatures  Pregnancy Discrimination Act  Title IX of Education Amendments (1972)  Military combat role  Women in politics today  17% of Congress, but increasing  Cabinet and federal judicial roles 25

26. Copyright © 2014 Cengage Learning Women of the 112 th Congress 26

27. Copyright © 2014 Cengage Learning Gender-Based Discrimination in the Workplace  Title VII of Civil Rights Act of 1964  Sexual harassment  Wage discrimination  Equal Pay Act of 1963  Lilly Ledbetter Fair Pay Act  True equality still a challenge 27

28. Copyright © 2014 Cengage Learning Women’s Earnings as a Percentage of Men’s Earnings in the Past 12 Months by State and Puerto Rico: 2009 28

29. Copyright © 2014 Cengage Learning Gender-Based Discrimination in the Workplace  Voting rights and the young  Twenty-sixth Amendment (1971)  “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”  Vietnam War played significant role 29

30. Copyright © 2014 Cengage Learning Immigration, Latinos, and Civil Rights  Mexican American civil rights  Texas and California challenges  “Mexican schools”  Hernandez v. Texas: equal protection  Limited political participation  La Raza Unida Party  Chicano movement 30

31. Copyright © 2014 Cengage Learning Latinos by Country of Origin, 2010 (The ten largest Latino population groups in the U.S. by country of origin) 31

32. Copyright © 2014 Cengage Learning Immigration, Latinos, and Civil Rights  Continued influx of immigrants  Now over 12% of population; 80% from Latin America or Asia  Minority groups will collectively become majority by 2042  Illegal immigration  Controversial Arizona law  Citizenship issues  Accommodating diversity with bilingual education 32

33. Copyright © 2014 Cengage Learning Affirmative Action  Although discrimination prohibited by law, education and skills often lag  Affirmative action policies attempt to “level the playing field”  The Bakke case  Reverse discrimination  Fourteenth Amendment challenges 33

34. Copyright © 2014 Cengage Learning Affirmative Action  Further limits on affirmative action  Diversity is legitimate goal  Still controversial  State ballot initiatives 34

35. Copyright © 2014 Cengage Learning Making Amends for Past Discrimination Through Reparations  Intended to apologize/provide compensation  Crime victims  Descendants of slaves  Descendants of interned Japanese Americans  Native Americans  Special protections for older Americans  Age Discrimination in Employment Act (1967) 35

36. Copyright © 2014 Cengage Learning Securing Rights for Persons With Disabilities  Rehabilitation Act  Education for All Handicapped Children Act  Americans with Disabilities Act of 1990  Public accessibility  Public accommodation  Employers must “reasonably accommodate”  Supreme Court limited scope of ADA 36

37. Copyright © 2014 Cengage Learning The Rights and Status of Gays and Lesbians  Stonewall events are catalyst  Growth in gay and lesbian rights movement  Continuing struggle for status and rights  Matthew Shepard Act  State and local laws targeting gays and lesbians  Many repealed in 1970s and 1980s  Lawrence v. Texas 37

38. Copyright © 2014 Cengage Learning The Rights and Status of Gays and Lesbians  Gays and lesbians in the military  Traditionally viewed as incompatible  “Don’t ask, don’t tell” (1993)  “Don’t ask, don’t tell” repealed (2011)  Same-sex marriages  Defense of Marriage Act (1996)  Some states turning to civil unions  State recognition of gay marriages 38