Civil Rights

1. Civil Rights

2. What are civil rights and what are civil liberties? Civil Rights = The right of every person to equal protection under the law and equal access to society’s opportunities and public facilities (protection by the gov. from discriminatory treatment) Civil Liberties = Individual rights that are protected from government abuse (protection from the gov.)

3. Landmark Court Cases • Plessy v. Ferguson (1896) • “Separate but equal” • S. Court endorsed Jim Crow Laws • The use of race as a criterion of exclusion in public matters was not unreasonable. • In other words, segregation is legal. • Brown v. Board of Education (1954) • Overturns public segregation

4. Equality Today African Americans / Hispanics / Women: Notable Gains v. Continued Struggles De facto Discrimination: Discrimination that is the result of social, economic, or cultural biases or conditions. De jure Discrimination: Discrimination based on the law. How do you end discrimination? Some people argue through affirmative action-controversial

5. Affirmative Action Deliberate effort to provide full and equal opportunities in Employment, Education Other areas for women, minorities, and individuals belonging to other disadvantaged groups. Affirmative Action

6. Bakke v. Univ. of CA • -White male argues that he was rejected from UC Davis Medical School because of his skin color-”reverse discrimination”-16 out of 100 slots were set aside for minority applicants

7. Bakke v. CA • US Supreme Court ruled race could be a factor in admissions, but cannot use quota system (set aside specific numbers for minorities); UC Davis forced to admit Bakke but affirmative action ruled constitutional

8. Equal protection under the law / 14th amendment • S.C. ruled that admission policy of UC Davis violated Bakke’s “equal protection under the law” guaranteed by 14th amendment • Same principle used in Brown v. Board of Education case (segregated schools violate “equal protection under the law”)

9. Same-Sex Couples • Some states allowed same-sex couples to marry and some did not until…. • Obergefell v. Hodges (2015) • Supreme Court decision ruled that all states must issue marriage licenses to same-sex couples and recognize those issued regardless of state

10. Justification of Obergefell v. Hodges • Supreme Court ruled that states prohibiting same-sex marriages were violating both the due process and equal protection clauses of the 14th amendment to the Constitution • Also ruled that religious organizations can refuse to marry same-sex couples based on their religious beliefs / 1st amendment

11. Women • Denied right to vote in U.S. until 1920 • Declaration of Independence (1776): • All _____ are created equal • Reflects context of the time period

12. Right to Vote for Women • Established by 19th amendment to the Constitution (1920) • Right to vote also called suffrage

13. Civil Rights Act of 1964 • Significant law passed by Congress for women because forbids discrimination in employment based on, among other factors, sex (gender)

14. Title IX of 1972 Education Act • Forbids educational institutions receiving federal money from discriminating against female students • Has played an important role in the development of women’s athletic programs in high schools and universities

15. ERA Fails to Pass 1972 • Equal Rights Amendment: “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex” • Passed both houses of Congress (two-thirds vote) but failed to receive approval from 3/4ths of the states (many Southern states opposed)

16. Disabled Americans • Americans With Disabilities Act (ADA)(1991): Requires employers, schools, and public buildings to reasonably accommodate needs of the physically disabled • Also made it Illegal for employers to discriminate against the handicapped when hiring