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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 “Equal protection” clause “Privilege and Immunities” clause.

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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 • “Equal protection” clause • “Privilege and Immunities” clause

  3. Civil Rights History African Americans • Dred Scott Case 1857 • Jim Crow Laws – segregated community • de jure (by law) and de facto (by fact; custom; tradition)) • Civil Rights Act of 1875 & KKK Act – Radical Reconstruction Era legislation • Plessy v. Ferguson – separate but equal • NAACP – 20th century push for rights – protest lynching • Brown v. Board of Education – “separate but equal” unconstitutional • Civil Rights Act of 1964, 24th Amendment (poll tax), Voting Rights Act 1965

  4. 24th Amendment, Civil Rights Act of 1964 & Voting Rights Act of 1965 • Voting (Barred unequal application of voter registration requirements) • 24th amendment – no poll taxes • CRA1964 - Public accommodation (Barred discrimination) Heart of Atlanta Motel SCOTUS case • Schools (Gov. can force desegregation though litigation/lawsuits) • Employment (Affirmative Action programs developed) • Federal Funds (federal funding pulled for non-compliance) • VRA 1965 - prove that a proposed voting change does not have the purpose or the effect of discriminating based on race or color. • In some cases - must also show that the proposed change does not have the purpose or effect of discriminating against a "language minority group." (literacy tests banned)

  5. Women and Equal Rights • “Republican Motherhood” - raising your sons to be good citizens and daughters to be good wives and mothers • Seneca Falls Convention – 1848 – beginning of women’s suffrage movement – split into 2 factions AWSA and NWSA • “Cult of Domesticity” – women’s sphere of home and hearth in the Victorian Era • Muller v. Oregon (1908) – 10 hour work day limit for women legal to “protect their health” • Should women vote because they are equal to men or better than men? (Equality vs. Moral guardian) • Re-merged in the 1890’s into NAWSA - 19th Amendment – 1920 – Women vote

  6. 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 based upon the zone of privacy over one’s own body and one’s relationship with their physician

  7. 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 • 1970s – “reasonableness standard” – would a reasonable person perceive sexual harassment to have taken place • Two types – quid pro quo and hostile environment

  8. Civil Rights History Latino/Latina Rights • 37 million in US (about 10 million in 1980) • Mexico – 15million-rights issues include Bilingual education programs, immigration • Puerto Rico – 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

  9. Civil Rights History • Cuba • 1960s, many fled communist takeover by Castro • 1980’s Mariel boatlift – Castro let prisoners and the mentally ill come to the US • 1990’s - Clinton/Castro “wet foot, dry foot” policy • Central and South America • political trouble is driving people to US, face similar bilingual and immigration issues • 1970’s & 80’s - “Dirty Wars” in Argentina, Chile, Nicaragua, El Salvador (Tens of thousands “disappeared” by right wing military juntas)

  10. 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 • George Takei’s new Broadway production “Allegiance” is about his incarceration in a WW2 camp • Refugees from the Korean and Vietnam Wars also resulted in migrations to the US • Pacific Islanders from Guam and Samoa also can travel freely like PR citizens • Many Filipinos have come to the US – SpAm War 1898 – Independence in 1946

  11. Civil Rights History Native Americans • Cherokee cases 1830’s and 40’s = Trail of Tears • 2 million people live on “reservations” today • Push for more sovereignty on their land • Ex. – gambling casino operation rights • Art. 1, Sec. 8 – commerce clause give Congress right to regulate Indian tribes • AIM – American Indian Movement 1970’s

  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 • “Means testing” social security and Medicare – if you retire with a sizeable income, should you have to forfeit collecting your SS and Med. ? Money you already paid in the system? • Do you have the “means” to support yourself?

  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. LGBT Rights • Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional • 1993 – “Don’t Ask, Don’t Tell” – military can’t ask; you can’t be “out” or public with your homosexuality • Lawrence v. Texas (2003) – law against homosexual action violated due process of 14th Amendment – “life, liberty, and property” • Windsor v. US (2013) – DOMA section 3 defined “spouse” as male/female; unconstitutional; Windsor sought to be exempt from inheritance tax after her partner’s death – violates 5th Due process and 14th Equal Protection – law has no legitimate purpose in interfering with state decisions on marriage

  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, but 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 • Gratz and Grutter cases from University of Michigan (AffAct in undergrad admissions can begin to go; not in law school admissions – still a need for diversity in society’s upper levels of academia)

  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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