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Civil Rights

Civil Rights. Civil rights. Protect certain groups against UN reasonable discrimination. Group is denied access to facilities, opportunities, or services available to others. Dred Scott. Dred Scott (1857) moves to a free state w/his owner, tried to claim his freedom

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Civil Rights

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  1. Civil Rights

  2. Civil rights • Protect certain groups against UNreasonable discrimination • Group is denied access to facilities, opportunities, or services available to others

  3. Dred Scott • Dred Scott (1857) moves to a free state w/his owner, tried to claim his freedom • SC rules he is not a citizen, cannot sue, and is the property of his master (no matter what state they live in)

  4. Plessy v. Ferguson (1896) • Plessy is denied access to white portions of train • Violates the 14th Equal Protection clause ? • SC rules “separate but equal” facilities are constitutionally protected

  5. Segregation • Plessy leads to decades of legally separated facilities • De Jure segregation – by law

  6. Remember…. **This is the negative aspect of dual federalism aka layer cake!

  7. Korematsu v. U.S.(1944) • FDR’s executive order mandated that those of Japanese descent in western states must move to internment camps • Korematsu refused!

  8. Result • SC said in time of war these measures are necessary • 1983 conviction overturned – official apology – Medal of Freedom from Clinton

  9. DEsegregating Schools • Mendez v Westminster (1946): Mexican American students sue due to segregated schools, California courts order desegregation

  10. Brown v. Board of Education,Topeka, Kansas (1954) • Some schools were separate but UNequal. • Other school districts, like the Topeka, Kansas, had gone out of their way to create equally funded black schools.

  11. Separate but Equal?

  12. Opinion • Unanimous decision (9-0), overturned Plessy • Separate but equal is inherentlyunequal • Segregation is detrimental

  13. Brown II (1955) • Linda Brown sought an enforcement order • The Court ruled that desegregation must proceed with “all deliberate speed.”

  14. Integration: • De Facto segregation – by custom • Is society today still segregated?

  15. Busing • Swann v. Charlotte Mecklenburg (1971): remedies may include racial quotas, redrawn district lines, and court-ordered busing • Busing students between districts to force integration became common in 1970s, less common today • Should schools force integration today?

  16. Civil Rights Act of 1964 • Prohibits discrimination in public places, schools, and work • Remember: Heart of Atlanta Motel???

  17. “Reasonable Discrimination” • Age: often considered reasonable • Driving limit • Gender: sometimes reasonable • Race: usually not reasonable

  18. Protected Classes • People protected from discrimination include minorities, women, those over 40, and the disabled.

  19. Classifications: How do the courts determine what is reasonable? • Strict scrutiny: racial classifications are inherently suspect and are upheld only if they serve a “compelling public interest.” • Mid-level review: gender classifications must bear a substantial relationship to an important legislative purpose • Rational basis test: reasonable, bearing a rational relationship to a legitimate governmental interest, age

  20. Gender-Based Discrimination • All-male draft is allowed • Not upheld: 18 women can drink alcohol, boys must be 21

  21. ERA • Equal Rights Amendment: Equality of rights will not be denied or abridged on account of sex • Nearly passes in 1972 – a few states short of ratification • Do we need it today?

  22. Title IX • Outlaws discrimination based on sex in academics & sports In 1994, women received 38% of medical degrees, compared with 9% in 1972. In 1994, women earned 43% of law degrees, compared with 7% in 1972. In 1994, 44% of all doctoral degrees to U.S. citizens went to women, up from 25% in 1977.

  23. Sexual Harassment • Sexual favors for job benefits, promotions • Hostile Environment - impairs one’s ability to work

  24. Gays and the Constitution • Romer v. Evans (1996): Colorado voters made it illegal to protect persons based on gay, lesbian or bisexual orientation; the Court overturns it • Lawrence v. Texas (2003): The Court overturned a Texas law banning sexual conduct between persons of the same sex

  25. The Americans With Disabilities Act (1990) • Requires employers to make reasonable accommodations for disabled employees. • This has given rise to two issues: • What constitutes a disability? • What is meant by a “reasonable” accommodation?

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