2. Civil Liberties Personal rights & freedoms that cannot be abridged Limits governments power to restrain or dictate how we act Conflict occurs when individuals or groups exercise their rights and the government seeks to control that exercise in the interest of the rights of others and to keep order

3. Enforcing Civil Rights (as opposed to civil liberties) Positive acts by governments to protect against arbitrary or discriminatory action by government or individuals. Those seeking equality have used the Constitution and litigation strategies, among other methods such as: – protest – lobbying –civil disobedience –appeals to public opinion to gain protection from the government.

4. What is a civil rights issue? A group is denied access to facilities, opportunities, or services available to other groups I.E. - segregated schools, segregated lunch counters What groups are there? Race/ethnicity Gender Sexual preference Age Religion

5. The 14 th Amendment and Civil Rights The closest approach to a literal statement of equality is found in the 14 th Amendment’s Equal Protection Clause. –“No State shall… deny to any person within its jurisdiction the equal protection of the laws.” –The clause was originally intended to benefit newly freed slaves. –Over time it has acquired broader meaning

6. Judiciable Issue of Civil Rights Issue is whether differences in treatment are “reasonable” Some differences are reasonable Progressive taxes Some are not reasonable Classification based on race or ethnicity are subject to especially strict scrutiny Strict Scrutiny Supreme court’s test 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. Race, national origin, religion

7. 3 Tests Used by the Courts to Determine Constitutionality 1. Rational Basis Test This test asks: “Does the classification in question bear a reasonable relationship to the achievement of some proper governmental purpose?” Michael M. v. Superior Court (1981) California law says that a man who has sexual relations with a girl under 18 can be prosecuted for statutory rape; but the girl cannot be charged with that crime, even if she is a willing partner. The Court saw a logical relationship between the classification and the purpose of the law/policy.

8. 2. Strict Scrutiny Test The Supreme Court imposes a more demanding standard in some equal protection cases, however. This is especially true when a law or some other action deals with: –Such “fundamental rights” as the right to vote, the right to travel between the States, or 1 st Amendment rights –Such “suspect classifications” as those based on race, sex, national origin –The state must be able to show that some “compelling governmental interest” justifies the distinctions it has drawn between classes of people.

9. Orr v. Orr An Alabama law that made only women eligible for alimony was held unconstitutional, as a denial of equal protection, because the law’s distinction between men and women did not serve a compelling governmental interest.