CHAPTER 6 CIVIL RIGHTS

Civil Rights Definition: Powers and privileges that are guaranteed to the individual and protected against arbitrary removal at the hands of the government or other individuals.

When are rights violated? Rights are violated when a group is denied access to facilities, opportunities, or services available to other groups. Issue is whether differences in treatment are reasonable. Reasonable- progressive taxes Unreasonable- classification by race or ethnicity

Civil Rights Movement Struggled to find support in Congress. Progressed greatly through the media coverage of denial of widely accepted liberties. Led to support from the majority(whites). Then moved their legal and political struggle from Congress to the federal courts.

Campaign in the Courts 14th amendment 1) broad interpretation: the Constitution is color blind, so no differential treatment is acceptable 2) narrow interpretation: equal legal rights, but African Americans and whites could otherwise be treated differently. Supreme Court adopted narrow view in Plessy v Ferguson (1896).

Separate but Equal NAACP campaign relied on courts. Stages: 1) obvious inequalities in schools 2) less obvious inequalities 3) separation is inherently unequal- Brown v. Board of Education (1954)

Brown v. Board of Educatio n Unanimous decision Class action suit- applied to all black children Rationale of decision: Segregation created a sense of inferiority in African American students

SEGREGATION DE JURE “By jury” Forced segregation Imposed by state governments SOUTH DE FACTO “by fact” Citizens segregating themselves by moving into “like” neighborhoods NORTH

Civil Rights Legislation Four developments to jumpstart legislation 1) public opinion changed 2) violent white reaction of segregationists received extensive coverage by the media 3) Kennedy Assassination 4) 1964 democratic landslide allowed northern dems to control Congress.

1965 Voting Rights Act Suspended literacy tests If less than 50% of voting age residents were not registered, a commission of voting examiners would register voters Made it a federal crime to prevent someone from voting based on color

1964 Civil Rights Act Barred discrimination in employment, public accommodations, schools. (Based on race or sex) Withheld federal funds if discrimination was found. Heart of Atlanta Motel v. US - broadly interpreted the interstate commerce clause to include discriminate cases.

Women & Equal Rights ERA (Equal Rights Amendment) was never passed. Lawmakers continued to pass laws to make women essentially equal. Most women groups saw the ERA as recognition of inequality.

ABORTION Decided by states until 1973 Roe v Wade (1973) Woman’s freedom to choose is protected by the 14th amendment. 1st trimester- no regulations 2nd trimester- no ban but regulations to protect health of woman 3rd trimester- abortion ban is possible

ABORTION Hyde Amendment(1976)- no federal funds for abortion except when mother’s life is endangered. Planned Parenthood v Casey (1992) Permits restrictions on abortion 1) 24 hour wait period 2) parental consent 3) pamphlets

Affirmative Action Policies requiring special efforts in employment, promotion or school admissions on behalf of disadvantaged groups. The goal is to move beyond equality of opportunity toward equal RESULTS!

Affirmative Action California v Bakke (1978) Supreme Court objects to the use of quotas but said that a university could use race or ethnic background as one component in the admissions procedure It’s sometimes seen as “reverse discrimination”

Americans with Disablities Act of 1990 Unfunded mandate Requires employers and public facilities to provide “reasonable accommodations,” and prohibits employment discrimination against the disabled. Questions have been raised about a person with AIDS being handicapped.

Gay Rights Many states have passed laws banning homosexual activity. “Don’t ask, don’t tell” military policy Homosexual civil rights status is unclear Not enough public support at this time.