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Civil Rights

Civil Rights. “Equal Protection”. 14 th Amendment (1868). Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” Sex, race, ethnicity, age, disability, sexual preference. Civil Rights History. African Americans

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Civil Rights

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  1. Civil Rights “Equal Protection”

  2. 14th Amendment (1868) • Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws.” • Sex, race, ethnicity, age, disability, sexual preference

  3. Civil Rights History African Americans • Jim Crow Laws – segregated community • de jure (by law) and de facto (by reality) • Plessy v. Ferguson – separate but equal • NAACP – 20th century push for rights • Brown v. Board of Education – “separate but equal” unconstitutional • Civil Rights Act of 1964, 24th Amendment (poll tax), Voting Rights Act 1965

  4. Civil Rights Act of 1964 • Voting • Public accommodations • Barred discrimination • Schools • Gov can force desegregation though litigation • Employment • Federal Funds

  5. Civil Rights History Native Americans • 2 million people live on “reservations” • Push for more sovereignty on their land • Ex. – gambling operation rights • Art. 1, Sec. 8 – commerce clause give Congress right to regulate Indian tribes

  6. Civil Rights History Latino/Latina Rights • 37 million in US (about 10 million in 1980) • Mexican – 15million-rights issues include Bilingual education programs, immigration • Puerto Rican – 2.7 million-PR is a commonwealth of US, citizens can move freely back and forth, not represented in Congress, don’t have to pay federal tax

  7. Civil Rights History • Cubans – 1960s, many fled communist takeover by Castro, “wet foot, dry foot” policy • Central and South American – political trouble is driving people to US, face similar bilingual and immigration issues

  8. Civil Rights History Asian American • 8 million in US, 40% of immigrants • Chinese Exclusion Act 1882 – lasted through WWII • WWII – Japanese racism – internment • Korematsu v. US (1944) • 1980s reparations for internment

  9. Women and Equal Rights • Seneca Falls Convention – 1848 – beginning of women’s suffrage movement • Muller v. Oregon (1908) – 10 hour work day limit for women • 19th Amendment – 1920 – Women vote • 1970s – “reasonableness standard” – all legal circumstance must be treated equal • Ex. Cannot set different age limits for driving, but can set laws on rape that punish man only

  10. Women and Equal Rights • Equal Rights Amendment (ERA) 1972 • “Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass because… • Rostker v. Goldberg (1981) – Court upheld the requirement men to register but not women for draft, ended ERA push • Roe v. Wade (1973) – women’s freedom to choose abortion

  11. Women and Equal Rights • Civil Rights Act (1964) • Title VII – prohibits gender discrimination in employment, extended to sexual harassment • Comparable worth – “equal pay for equal work” • Title IX – provide equal funding for all programs that receive federal funding

  12. Rights for Older Americans • Age discrimination illegal • Age Discrimination in Employment Act raised the general compulsory retirement age to 70 • AARP – interest group – large influence

  13. Rights for Disabled Americans • 17% of Americans have a disability • Rehabilitation Act of 1973 - illegal to discriminate based on disability • Education for All Handicapped Children Act of 1975 – gave all handicapped children free education • Americans with Disabilities Act of 1990 – protect disabled rights – SC has somewhat limited this act

  14. Homosexual Rights • 1993 – “Don’t Ask, Don’t Tell” – gay rights to be in the military • Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional • Lawrence v. Texas (2003) – law against homosexual action violated due process of 14th Amendment – “life, liberty, and property”

  15. Reverse Discrimination • Equality of opportunity vs. equality of results – Do civil rights require the absence of discrimination OR require racial balance? • University of California v. Bakke 1978 – strict quotas unconstitutional, race can be a criteria for admission to a public institution • Richmond v. Croson 1989 – city of Richmond could not guarantee that 30% of companies that received subcontracts were owned by minorities

  16. Civil Rights summary • Constant pursuit of equality • Civil Rights for minority groups will constantly be changing • EVERYONE will be a part of some minority group during their lifetime

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