Aim: What are civil rights?

Aim: What are civil rights?

Civil Rights “Equal Protection”

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 orientation

Suspect classification. A class of individuals that have been historically subject to discrimination. Any statute that makes a distinction between individuals based on any of the suspect classifications (ie. alienage, race) will be subject to a strict scrutiny standard of review before the Supreme Court.

Tests under Equal Protection Clause • STRICT SCRUTINY (The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.): Race • Intermediate, Medium or Middle Tier SCRUTINY (The government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest.): Gender • MINIMUM (OR RATIONAL BASIS) SCRUTINY (The government need only show that the challenged classification is rationally related to serving a legitimate state interest.): Age, Wealth

https://www.youtube.com/watch?v=9sUVheA7JIQ • https://www.youtube.com/watch?v=50O4LQbJ8wc • https://www.youtube.com/watch?v=qKK5KVI9_Q8

The Constitution and Equality 3/5 Compromise Slave Trade Clause 13th Amendment – Ended slavery 14th Amendment – Equal protection clause 15th Amendment – granted African-American males voting rights 24th Amendment – no poll taxes in elections

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

The Supreme Court and Equality Dred Scott v. Sandfod (1857) – slaves are property Plessy v. Ferguson (1896) – separate but equal Sweatt v. Painter (1950) – equal protection clause required that a black man be admitted to University of Texas Law School Brown v. Board of Ed. (1954) – overturned Plessy. “Separate but equal is inherently unequal” Heart of Atlanta Motel Inc. v. United States (1964) – Congress could use its commerce clause power to prevent discrimination in public places Green v. County School Board of New Kent County (1968) – banned a freedom-of-choice plan for integrating schools Swann v. Charlotte-Mecklenburg Board of Ed. (1971) – approved busing and redrawing district lines as a way of integrating schools

The 14th Amendment: used by the Supreme Court to protect rights. • Strict Scrutiny: Test used by the Supreme Court to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.

Congress and Equality Civil Rights Act (1957) – Created civil rights division within justice dept. Civil Rights Act (1964) – prohibited discrimination in employment and places of public accommodation, outlawed bias in federally funded programs, and created the Equal Employment Opportunity Commission (EEOC) Voting Rights Act (1965) – Outlawed literacy tests Civil Rights Act (1991) – eased restrictions for job applicants and employees to sue employers for discriminatory practices

The President and Equality FDR – Executive Order 8802 (1941): banned racial discrimination in the defense industry and government offices Truman – Executive Order 9981 (1948): desegregation of the armed forces Eisenhower – sent troops to Little Rock, AK to enforce Supreme Court ruling mandating desegregation JFK – assigned federal marshals to protect freedom riders; sent federal troops to University of Mississippi to protect James Meredith, the first African-American student there

Affirmative Action • Affirmative Action: Women and minority groups should receive special advantages when they apply for jobs, promotions, and admission to colleges. • Quotas: A certain number or percentage of women or minorities that must be met by employers or colleges under an affirmative action program. Quotas were declared unconstitutional.

Regents of the University of California v. Bakke (1978): Quotas were unconstitutional, but race could be taken into account in the interests of promoting diversity. • United Steelworkers v. Weber (1979): upheld the use of race as in an employment agreement • Richmond v. Croson (1989): Awarding a percentage of city contracts to minorities was unconstitutional. • Adarand Constructors v. Pena, (1995) • The Supreme Court’s decision in this case holds that whenever government provides for any preferential treatment based on race, that action is almost certainly unconstitutional, even if it is intended to benefit minority groups suffering from past injustices. • Grutter v. Bollinger and Gratz v. Bollinger (2003): Numerical benefits cannot be used to admit minorities into college, but race can be a “plus factor” in making those decisions. • Fischer v. University of Texas (2012) Race can be a factor, but only under strict scrutiny

For: Diversity is desirable and won't always occur if left to chance. Students starting at a disadvantage need a boost. Affirmative action draws people to areas of study and work they may never consider otherwise. Some stereotypes may never be broken without affirmative action. Affirmative action is needed to compensate minorities for centuries of slavery or oppression. Against: Affirmative action leads to reverse discrimination. Affirmative action lowers standards of accountability needed to push students or employees to perform better. Students admitted on this basis are often ill-equipped to handle the schools to which they've been admitted. It would help lead a truly color-blind society. It is condescending to minorities to say they need affirmative action to succeed. It demeans true minority achievement; i.e. success is labeled as result of affirmative action rather than hard work and ability. Affirmative Action

The Women’s Rights Movement • Seneca Falls Convention (1848) - Susan B. Anthony, Elizabeth Cady Stanton, Lucretia Mott • Declaration of Sentiments • Suffragettes • 19th Amendment • Mueller v. Oregon (1908) upheld law limiting women to a 10-hour work day, while men were able to work longer • - “The two sexes differ in structure of body, in the functions performed by each, in the amount of physical strength…This difference justifies a difference in legislation” • 1920’s - League of Women Voters, Carrie Chapman Catt • 1950’s – 1970’s - Feminism • Betty Friedan - The Feminine Mystique, NOW • Bella Abzug • Gloria Steinem • National Women’s Political Caucus

Legislation and Cases • Equal Pay Act, 1963 – banned discrimination in pay based on race, religion, gender, religion, or national origin • Civil Rights Act, 1964 – banned discrimination on the basis of gender • Equal Employment Opportunity Act, 1972 – banned discrimination based on gender in hiring, firing, promotions, pay, and working conditions • Equal Credit Opportunity Act, 1974 – prohibited discrimination against women seeking credit from banks, finance agencies, or the government, and made it illegal to ask about gender or marital status on a credit application • Higher Education Act, 1972 – • Title VII - barred discrimination in higher ed • a. Started going to law school, medical school, and military academies • b. Increased awareness for child-care, shelters, and health care concerns • Title IX: schools must give boys and girls equal opportunity to participate in sports programs

Intermediate Standard for Discrimination (Craig v. Boren, 1976) • Government can pass laws differentiating between the sexes if the classification bears a substantial relationship to an important government goal

Reed v. Reed (1971) – struck down an Idaho law giving fathers preferential treatment in administering the estates of deceased children. Decision based on 14th Amendment’s equal protection clause. • Women’s Equity in Employment Act (1991) –required employers to justify gender discrimination in hiring and job performance

Griswold v. Connecticut (1965) – declared a law that forbid married couples from using birth control unconstitutional. The Constitution created “zones of privacy.” Decision based on 9th Amendment (unenumerated rights) and paved the way for Roe v. Wade. • Roe v. Wade (1973) – laws outlawing abortion were unconstitutional based on a woman’s right to privacy • Webster v. Reproductive Health Services (1989) – States may ban abortions from public hospitals and doctors may test to see if fetuses are viable • Planned Parenthood v. Casey (1992) – Reaffirmed Roe v. Wade, but upheld certain limits on its use. Upheld a law requiring a 24 hour waiting period, and parental consent for minors seeking an abortion. • Gonzalez v. Carhart (2007) – Federal law may ban certain forms of partial birth abortion

The Equal Rights Amendment • Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. • Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. • Section 3. This amendment shall take effect two years after the date of ratification • This Amendment was proposed in every Congress since 1923, and finally passed in 1972. • It failed to get the required number of states. It is still being proposed today, but has lost much of its momentum and attention.

Women and the Military • 1. Congress opened all service academies to women in 1975 • 2. Women are exempt from the draft Rostker v. Godlberg(1981) • 3. Women can serve in all combat positions except frontline ground-troop positions (1993) • US v. Virginia(1996): Opened last publicly funded all male military academy to women

Women and the Workplace • 1. Government funded day care (1984) • 2. Family Medical Leave Act (1993) • - Covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of the newborn child of the employee; • H. Child Support Enforcement Act (1984) • - withhold portions of paychecks for non-custodial parents who do not pay court-ordered child support

Comparable Worth • The idea that men and women should be paid the same for jobs that are traditionally gender specific and comparable in terms of skill and education level, but are not the same. For example, similar pay for a construction worker and a secretary. • The Supreme Court has not ruled on this issue.

Gay Rights • Civil Unions and Domestic Partnerships: A union of a couple similar to marriage. People in civil unions and domestic partnerships have most of the rights enjoyed by married couples, but they are not legally recognized as married. • Same Sex Marriage: A legal marriage between a same sex couple that would have all of the legal benefits and recognition of a heterosexual marriage. • Defense of Marriage Act: A federal law signed by President Clinton that defines marriage as a union between a man and a woman. Under this law, same-sex marriages in one state would not have to be recognized by other states. Section 3 of the act was declared unconstitutional. This section prevented same sex couples from receiving federal marriage benefits

Don’t Ask, Don’t Tell Policy: A policy initiated by President Clinton that would prohibit those serving in the military to openly discuss homosexual orientation, and would also prevent superiors from asking or investigating a service member's sexual orientation. This policy was a compromise to Clinton’s promise of allowing gays to openly serve in the military. The policy was ended by President Obama. Gay soldiers are now allowed to serve openly in the military. • Federal Marriage Amendment: A proposed Amendment to the Constitution that would define marriage as a union only between a man and a woman throughout the United States. This Amendment has not been seriously considered, but was part of the political discussion in the 2004 Presidential Election.

Landmark Cases • Bowers v. Hardwick (1986) – law forbidding homosexuality was constitutional • Lawrence v. Texas (2003): State law may not ban sexual relations between same-sex partners. • Boy Scouts of America v. Dale (2000): A private organization may ban gays from its membership. • United States v. Windsor (2013) - Section 3 of the Defense of Marriage act was declared unconstitutional.

Right of People With Disabilities • The Rehabilitation Act (1973): prohibited discrimination against people with disabilities in federal programs • The Education for All Handicapped Children Act (1975): Guarantees that children with disabilities receive an “appropriate” education • Americans With Disabilities Act (1990): prohibits discrimination by employers or owners of public accommodations from discriminating against people with disabilities (places must be wheelchair accessible.

Rights of The Elderly • Age Discrimination in Employment Act (1967): prohibits employers from discriminating against people over the age of 40 on the basis of age. Raised the general compulsory retirement age to 70 • AARP – interest group – large influence

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 gives Congress right to regulate Indian tribes

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

Asian American • 8 million in US, 40% of immigrants • Chinese Exclusion Act 1882 – lasted through WWII • WWII – Japanese racism – internment • Hirabayashi v. US (1943) • Korematsu v. US (1944) • 1980s reparations for internment • “Model Minority” Stereotype • Often receive highest grades and test scores and acceptance to elite universities, but are underrepresented in corporate leadership positions and media

Interpret Civil Rights issues from the point of view of: • Federalism • Theories of Government: • Pluralist Theory • Elite Theory • Hyperpluralist Theory • Majoritarian Politics • Client Politics

Aim: What are civil rights?