514th 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
6Aim: What is the responsibility of the government to correct past injustices?
7Civil Rights History African Americans Jim Crow Laws – segregated communityde jure (by law) and de facto (by reality)Plessy v. Ferguson – separate but equalNAACP – 20th century push for rightsBrown v. Board of Education – “separate but equal” unconstitutionalCivil Rights Act of 1964, 24th Amendment (poll tax), Voting Rights Act 1965
8The Supreme Court and Equality Dred Scott v. Sandfod (1857) – slaves are propertyPlessy v. Ferguson (1896) – separate but equalSweatt v. Painter (1950) – equal protection clause required that a black man be admitted to University of Texas Law SchoolBrown 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 placesGreen v. County School Board of New Kent County (1968) – banned a freedom-of-choice plan for integrating schoolsSwann v. Charlotte-Mecklenburg Board of Ed. (1971) – approved busing and redrawing district lines as a way of integrating schools
9The 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.
10Congress and EqualityCivil 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 poll taxesCivil Rights Act (1991) – eased restrictions for job applicants and employees to sue employers for discriminatory practices
11The President and Equality FDR – Executive Order 8802 (1941): banned racial discrimination in the defense industry and government officesTruman – Executive Order 9981 (1948): desegregation of the armed forcesEisenhower – sent troops to Little Rock, AK to enforce Supreme Court ruling mandating desegregationJFK – assigned federal marshals to protect freedom riders; sent federal troops to University of Mississippi to protect James Meredith, the first African-American student there
12Affirmative ActionAffirmative 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.
13Regents of the University of California v 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 agreementRichmond 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
14Affirmative ActionAffirmative Action is a policy that requires most employers to take positive steps to remedy the effects of past discriminations.This policy applies to all the agencies of the Federal Government, to all the States and their local governments, and to all those private employers who sell goods or services to any agency of the Federal Government.Beginning in 1965, affirmative action programs established guidelines and timetables for overcoming past discriminations.Many employers hire certain workers due to their minority backgrounds or gender. Such rules requiring specific numbers of jobs or promotions for members of certain groups are called quotas.Chapter 21, Section 3
15Affirmative Action Cases and Measures Regents of the University of California v. Bakke, 1978Allan Bakke sued the University of California for reverse discrimination and won. This case shows that the Constitution does not allow race to be used as the only factor in the making of affirmative action decisions.Adarand Constructors v. Pena, 1995The 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.Chapter 21, Section 3
16Affirmative Action Against: For: 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.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.
17The Women’s Rights Movement Seneca Falls Convention (1848) - Susan B. Anthony, Elizabeth Cady Stanton, Lucretia MottDeclaration of SentimentsSuffragettes19th AmendmentMueller 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 Catt1950’s – 1970’s - FeminismBetty Friedan - The Feminine Mystique, NOWBella AbzugGloria SteinemNational Women’s Political Caucus
18Legislation and Cases Title VII - barred discrimination in higher ed Equal Pay Act, 1963 – banned discrimination in pay based on race, religion, gender, religion, or national originCivil Rights Act, 1964 – banned discrimination on the basis of genderEqual Employment Opportunity Act, 1972 – banned discrimination based on gender in hiring, firing, promotions, pay, and working conditionsEqual 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 applicationHigher Education Act, 1972 –Title VII - barred discrimination in higher eda. Started going to law school, medical school, and military academiesb. Increased awareness for child-care, shelters, and health care concernsTitle IX: schools must give boys and girls equal opportunity to participate in sports programs
20Intermediate 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
21Reed 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
22AbortionGriswold 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 privacyWebster v. Reproductive Health Services (1989) – States may ban abortions from public hospitals and doctors may test to see if fetuses are viablePlanned 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
23The 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 ratificationThis 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.
24Women and the Military1. Congress opened all service academies to women in 19752. 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
25Women 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
26Sexual HarassmentIt is illegal for someone to request sexual favors as a condition of employmentIt is illegal for an employee to experience a work environment that has been made hostile or intimidating by a steady pattern of offensive sexual teasing, jokes, or obscenityThere are almost no federal laws governing this issue, thus we are left with often inconsistent and vague court and bureaucratic rules to guide us
27Comparable WorthThe 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.
28Gay Rights - Definitions 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
29Don’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.
31Landmark CasesBowers v. Hardwick (1986) – law forbidding homosexuality was constitutionalLawrence 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.
32Right of People With Disabilities The Rehabilitation Act (1973): prohibited discrimination against people with disabilities in federal programsThe Education for All Handicapped Children Act (1975): Guarantees that children with disabilities receive an “appropriate” educationAmericans With Disabilities Act (1990): prohibits discrimination by employers or owners of public accommodations from discriminating against people with disabilities (places must be wheelchair accessible.
33Rights of The ElderlyAge 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 70AARP – interest group – large influence
342 million people live on “reservations” Native Americans2 million people live on “reservations”Push for more sovereignty on their landEx. – gambling operation rightsArt. 1, Sec. 8 – commerce clause gives Congress right to regulate Indian tribes
35Latino/Latina Rights37 million in US (about 10 million in 1980)15 million of Mexican descent: rights issues include Bilingual education programs, immigration2.7 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
36Asian American 8 million in US, 40% of immigrants Chinese Exclusion Act 1882 – lasted through WWIIWWII – Japanese racism – internmentHirabayashi v. US (1943)Korematsu v. US (1944)1980s reparations for internment“Model Minority” StereotypeOften receive highest grades and test scores and acceptance to elite universities, but are underrepresented in corporate leadership positions and media
37Interpret Civil Rights issues from the point of view of: FederalismTheories of Government:Pluralist TheoryElite TheoryHyperpluralist TheoryMajoritarian PoliticsClient Politics