Civil Rights and Public Policy

1. Civil Rights and Public Policy Women, Homosexuals, Senior Citizens, Disabled Americans, Native Americans, and Immigrants

2. Women • Seneca Falls Convention, 1848 • Elizabeth Cady Stanton led fight for suffrage • “Declaration of Sentiments” • “All men and women are created equal” • “The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman….” • Listed series of abuses… • Allowing women to vote • Compelling women to follow laws they had no voice in passing • Withholding rights • Right to vote – 19th Amendment, 1920

3. Age of Feminism • From 1920 to 1960s… traditional family dominated • Muller v Oregon (1908), Brandeis Brief spoke about the inherent differences between men & women in the workplace • Laws protecting women in the workplace virtually nonexistent • The Feminine Mystique (1963) (Betty Friedan) launched modern movement • Organizations: • National Organization of Women (NOW) • National Women’s Political Caucus • Supported passage of Equal Rights Amendment (ERA) • 1 argument against: 14th Amendment already existed

4. Equal Pay Act, 1963: requires employers to pay men & women same pay for same jobs • “Comparable Worth”: paying women equally for jobs similar to those held by men • Ledbetter v Goodyear Tire and Rubber Company (2007) • 5-4 decision against Ledbetter, saying her suit did not fit with Title II of the CRA of 1964 requiring Ledbetter sue w/in 180 days of discrimination beginning • Congress passed Lilly Ledbetter Act allowing suits to be filed whenever discovery of discrimination occurred • Vetoed by Bush, passed by Congress again, and signed by Obama 2009

5. Women’s Rights • Civil Rights Act 1964 (CRA) had anti-sex discrimination provision • Title VII provisions extended by Education Act of 1972 • Title IX made sex discrimination in federally funded education programs illegal • Frontiero v Richardson (1973): “There can be no doubt that our nation has had a long and unfortunate history of sex discrimination” • Craig v Boren (1976): any apparent discrimination against men or women would be illegal • Job discrimination cases: • Dothard v Rawlinson (1977): struck down AL law forbidding women prison guards in all male prisons • UAW v Johnson Controls (1992): Johnson couldn’t prevent women from working in the battery division, even if it caused infertility in women

6. Sexual harassment in the workplace in national spotlight since Clarence Thomas’ appointment to the S Court was challenged by Anita Hill • Political office • Ella Grasso (CT) first female governor not to serve in place of husband (1974) • Sandra Day O’Connor – first female S Court Justice (1981) • Geraldine Ferraro VP candidate running w/ Walter Mondale in 1984 • Nancy Pelosi – first woman Speaker of the House • Hillary Clinton – first former First Lady to be elected to public office

7. Homosexuals • Bowers v Hardwick (1986): challenged anti-sodomy law • S Court upheld the GA law • Lawrence v Texas (2003): S Court reversed Bowers, ruling a TX sodomy law unconstitutional • Romer v Evans (1996): S Court ruled a CO constitutional amendment invalidating state & local laws protecting gays and lesbians from discrimination unconstitutional b/c it violated the Equal Protection Clause of the 14th Amendment • Boy Scouts of America v Dale (2000): freedom of association under the 1st Amendment • Fallout: many schools around country refused to allow Boy Scouts meetings in their facilities if homosexuals barred from participation

8. Don’t Ask; Don’t Tell • 1992: Clinton used executive order • Allowed homosexuals to enlist in military as long as they did not disclose they were gay • Criticized by many in Congress, and difficult to accept in military • Challenged in S Court – who declared part of policy unconstitutional under 1st Amendment free speech & 5th Amendment due process • Was repealed in 2011 by President Obama

9. Gay Marriage • 2004: MA S Court ruled gay marriage constitutional • Opponents of decision resulted in drafting amendment to the US Constitutional would define marriage as a union between a man and woman • 1996: Defense of Marriage Act • Allowed states not to recognize gay marriages from other states & made illegal any federal benefits to states that did allow gay marriages • Supporters, G. W. Bush felt its passage would be only way to protect institution of marriage • CT approved same-sex marriage in 2005 • CA S Court struck down ban on same-sex marriage, citizens passed Proposition 8 • Banning same sex marriage • 30 states have constitutional amendments banning same-sex marriage & civil unions

10. Senior Citizens • Recognized as segment of society that is responsibility of gov’t since FDR & creation of Social Security • Is one of the fastest growing segments • Care about: • Cutbacks to Social Security & Medicare • Healthcare • Age-based job discrimination • Age discrimination acts passed in 1967 • 1975: civil rights laws made it illegal to discriminate against anyone over 40 • 1978: Age Discrimination in Employment Act raised compulsory retirement age to 70 • But is growing movement to ban any kind of mandatory retirement age

11. Disabled Americans • Handicapped Americans are ~20% of population • Physical, mental, emotional disabilities • Only in last 20 years has gov’t recognized this group, except for WWI & WWII vets • Education of All Handicapped Children Act (1975): right to education w/ appropriate services to meet needs of specific disability

12. Americans w/ Disabilities Act (1991): required employers, schools, and public buildings to reasonably accommodate physical needs of handicapped • Ramps, elevators, etc. • Extended to job market – can’t discriminate against handicapped • Does ADA protect people w/ chronic diseases? • S Court has limited lawsuits against states under ADA using sovereign immunity provisions of 11th Amendment

13. Age Discrimination • Decisions that weaken Tinker & limit civil rights of young people • Hazelwood v Kuhlmeir (1988): administrators censor school sponsored publications & plays • Bethel School District v Fraser (1986): officials right to discipline students a result of obscene speech by a student running for school office • New Jersey v TLO (1985): almost unlimited right to search a student suspected of violating school rules • Vernonia v Acton (1995): random drug testing of athletes

14. Title IX & CRA prohibited gender discrimination in sports & enrolling in classes • ADA applied to students needing special education • State laws protect against child abuse & mandate child support for divorced families • Concerns of youth today: • Protection from violence and drugs in school & community • Employment opportunities after graduation (HS & college) • National Service Program (1993) easier for high school students to obtain gov’t aid for college in return for national service • Adoption practices, child custody

15. Native Americans • Have an official gov’t agency as part of Dept of Interior • Bureau of Indian Affairs • See that all legislative benefits are administered to NA who by law are American citizens & have right to vote whether or not live on a reservation • Native Americans living on reservations have separate status & are recognized by treaty as possessing full characteristics of sovereign nations • Immune from federal & state laws • Right to govern reservations as they see fit

16. Those living outside the reservation have faced poverty & must seek assistance from states they live in • Some militant groups pressure gov’t for healthcare, education, housing, jobs • One significant trend: casinos enabling NA to develop a prosperous economy for their people • Indian Gaming Regulatory Act (1988)

17. Immigrants • Hispanic Americans – people in the US who have a Spanish-speaking heritage • Is fastest growing minority in America • Number of elected officials increasing since 1970s, but unequal educational & language barriers has hampered some efforts for equality • Civil rights action: health care for undocumented immigrants, affirmative action, admission of more Hispanic students to state colleges & universities, redistricting plans that do not discriminate

18. Asian Americans • Chinese Exclusion Act 1882 limited # of Asians permitted to enter US • Relocation camps for Japanese Americans after Pearl Harbor • Challenged by Korematsu v US, but upheld the right of the gov’t and military to restrict liberties of Japanese for “pressing public necessity” • 1988: Congress appropriated funds to compensate former camp detainees or their survivors

19. Unlike natural-born citizens – immigrants have had difficult time getting civil rights • Resentment on part of American people to those placing additional burden on America’s welfare system • CA passed Proposition 187 in 1994 to deny illegal aliens social services & education • Republican attempts to deny welfare for legal immigrants • G W Bush proposed comprehensive immigration bill to secure the nation’s border & giving illegal immigrants a path to citizenship through a guest worker program • Congress rejected it & chose to build a 700-mile fence to prevent illegal immigrants