Civil Rights “Equal Protection”

Civil Rights -- defined Issues that involve discrimination against a groupIssues that involve discrimination against a group Govt. has authority to treat people differently; treatment must be “reasonable”Govt. has authority to treat people differently; treatment must be “reasonable”

14 th Amendment (1868) – civil rights application Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws”Forbids any state to “deny to any person within its jurisdiction the equal protection of the laws” Gender, race, ethnicity, age, disability, sexual preferenceGender, race, ethnicity, age, disability, sexual preference

Civil Rights --African Americans Plessy v. Ferguson 1896 – “separate but equal” doctrinePlessy v. Ferguson 1896 – “separate but equal” doctrine Brown v. Board of Education de jure (by law) segregation ruled unconstitutionalBrown v. Board of Education de jure (by law) segregation ruled unconstitutional Civil Rights Act of 1964, 24 th Amendment (poll tax), Voting Rights Act 1965Civil Rights Act of 1964, 24 th Amendment (poll tax), Voting Rights Act 1965 de facto (by reality) segregation – Swann v. Charlotte-Mecklenburg BOE 1971 – courts can require remedies for de facto segregation; busing, redrawn district lines, etc.de facto (by reality) segregation – Swann v. Charlotte-Mecklenburg BOE 1971 – courts can require remedies for de facto segregation; busing, redrawn district lines, etc.

Affirmative Action Policy or program whose stated goal is to redress past or present discrimination, using active measures to ensure equal opportunity (education, employment)Policy or program whose stated goal is to redress past or present discrimination, using active measures to ensure equal opportunity (education, employment) Regents of the University of California v. Bakke 1978 – numerical minority quotas are not permissibleRegents of the University of California v. Bakke 1978 – numerical minority quotas are not permissible Grutter v. Bollinger, Gratz v. Bollinger 2003 – race can be used as a factor for universities shaping their admissions programsGrutter v. Bollinger, Gratz v. Bollinger 2003 – race can be used as a factor for universities shaping their admissions programs

Women and Equal Rights Seneca Falls Convention – 1848 – beginning of women’s suffrage movementSeneca Falls Convention – 1848 – beginning of women’s suffrage movement 19 th Amendment – 1920 – Women’s suffrage19 th Amendment – 1920 – Women’s suffrage 1970s – “reasonableness standard”1970s – “reasonableness standard” –Rostker v. Goldberg (1981) – Court upheld the requirement of men to register for the draft, but not women

Women and Equal Rights Civil Rights Act (1964)Civil Rights Act (1964) --Title VII – prohibits gender discrimination in employment, extended to sexual harassment --Comparable worth – “equal pay for equal work” --Title IX – provide equal funding for all programs that receive federal funding

Women and Equal Rights Equal Rights Amendment (ERA) 1972Equal Rights Amendment (ERA) 1972 –“Equality of rights under the law shall not be denied or abridged by the US or any State on account of sex.” – did not pass

Women – Abortion Issue Roe v. Wade (1973) – women’s freedom to choose abortion – 14 th amendment due process clauseRoe v. Wade (1973) – women’s freedom to choose abortion – 14 th amendment due process clause Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) – state restrictions that are not “unduly burdensome” are permittedPlanned Parenthood of Southeastern Pennsylvania v. Casey (1992) – state restrictions that are not “unduly burdensome” are permitted

Newly Active Groups Under the Civil Rights Umbrella The “Graying” of AmericaThe “Graying” of America People With DisabilitiesPeople With Disabilities Gay and Lesbian RightsGay and Lesbian Rights

Rights for Older Americans Age discrimination illegalAge discrimination illegal Age Discrimination in Employment Act -- raised the general compulsory retirement age to 70Age Discrimination in Employment Act -- raised the general compulsory retirement age to 70 AARP –very influentialAARP –very influential

Rights for Disabled Americans 17% of Americans have a disability17% of Americans have a disability Rehabilitation Act of illegal to discriminate based on disabilityRehabilitation Act of illegal to discriminate based on disability Education for All Handicapped Children Act of 1975 –access to free public educationEducation for All Handicapped Children Act of 1975 –access to free public education Americans with Disabilities Act of 1990 – protect disabled rightsAmericans with Disabilities Act of 1990 – protect disabled rights

Homosexual Rights 1993 – “Don’t Ask, Don’t Tell”1993 – “Don’t Ask, Don’t Tell” Lawrence v. Texas (2003) – law against homosexual action violated due process of 14 th Amendment – “life, liberty, and property”Lawrence v. Texas (2003) – law against homosexual action violated due process of 14 th Amendment – “life, liberty, and property” Same sex marriage gmtimeline-fl,0, htmlstorySame sex marriage gmtimeline-fl,0, htmlstory gmtimeline-fl,0, htmlstory gmtimeline-fl,0, htmlstory

Understanding Civil Rights and Public Policy Civil Rights and DemocracyCivil Rights and Democracy -- Majority rule is favored. -- Majority rule is favored. –Suffrage gave many groups political power. Civil Rights and the Scope of GovernmentCivil Rights and the Scope of Government –Civil rights laws increase the size of government-- bureaucracy –Civil rights protect individuals.

Civil Rights Summary Constant pursuit of equalityConstant pursuit of equality Civil Rights for minority groups will constantly be changingCivil Rights for minority groups will constantly be changing EVERYONE will be a part of some minority group during their lifetimeEVERYONE will be a part of some minority group during their lifetime