1. Chapter 5 Civil Rights and Public Policy

2. Introduction Civil Rights Civil Rights Definition: policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals Definition: policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals Racial Discrimination Racial Discrimination Gender Discrimination Gender Discrimination Discrimination based on age, disability, sexual orientation and other factors Discrimination based on age, disability, sexual orientation and other factors

3. Race, the Constitution, and Public Policy The Constitution and Inequality The Constitution and Inequality Equality is not in the original Constitution. Equality is not in the original Constitution. First mention of equality in the 14 th Amendment: “…equal protection of the laws” First mention of equality in the 14 th Amendment: “…equal protection of the laws” The Era of Slavery The Era of Slavery Dred Scott v. Sandford (1857) Dred Scott v. Sandford (1857) Slaves had no rights. Slaves had no rights. Invalidated Missouri Compromise Invalidated Missouri Compromise The Civil War (1861-1865) The Civil War (1861-1865) The 13th Amendment (Dec. 1865) The 13th Amendment (Dec. 1865) Ratified after Union won the Civil War Ratified after Union won the Civil War Outlawed slavery Outlawed slavery

4. Race, the Constitution, and Public Policy The Era of Reconstruction and Resegregation The Era of Reconstruction and Resegregation Jim Crow or segregational laws Jim Crow or segregational laws Relegated African Americans to separate facilities Relegated African Americans to separate facilities Plessy v. Ferguson (1896) Plessy v. Ferguson (1896) Upheld the constitutionality of “equal but separate accommodations” Upheld the constitutionality of “equal but separate accommodations” The Era of Civil Rights The Era of Civil Rights Brown v. Board of Education (1954) Brown v. Board of Education (1954) Overturned Plessy Overturned Plessy School segregation inherently unconstitutional School segregation inherently unconstitutional Integrate schools “with all deliberate speed” Integrate schools “with all deliberate speed”

5. Race, the Constitution, and Public Policy The Era of Civil Rights (continued) The Era of Civil Rights (continued) Civil Rights Act of 1964 Civil Rights Act of 1964 Made racial discrimination illegal in hotels, restaurants, and other public accommodations Made racial discrimination illegal in hotels, restaurants, and other public accommodations Forbade employment discrimination based on race Forbade employment discrimination based on race Created Equal Employment Opportunity Commission (EEOC) Created Equal Employment Opportunity Commission (EEOC) Strengthened voting right legislation Strengthened voting right legislation

6. Race, the Constitution, and Public Policy The Right to Vote The Right to Vote Suffrage: the legal right to vote Suffrage: the legal right to vote 15th Amendment: extended suffrage to African Americans 15th Amendment: extended suffrage to African Americans Poll Taxes: small taxes levied on the right to vote Poll Taxes: small taxes levied on the right to vote White Primary: Only whites were allowed to vote in the party primaries. White Primary: Only whites were allowed to vote in the party primaries.

7. Race, the Constitution, and Public Policy Getting and Using the Right to Vote Getting and Using the Right to Vote Smith v. Allwright (1944): ended white primaries Smith v. Allwright (1944): ended white primaries Twenty-fourth Amendment: eliminated poll taxes for federal elections (1964) Twenty-fourth Amendment: eliminated poll taxes for federal elections (1964) Harper v. Virginia State Board of Elections (1966): found Virginia’s poll tax unconstitutional under 14 th amendment; 24 th amendment prohibited poll taxes and Supreme Court extended prohibition to the states Harper v. Virginia State Board of Elections (1966): found Virginia’s poll tax unconstitutional under 14 th amendment; 24 th amendment prohibited poll taxes and Supreme Court extended prohibition to the states Voting Rights Act of 1965: helped end formal and informal barriers to voting Voting Rights Act of 1965: helped end formal and informal barriers to voting Other controversial measures: Other controversial measures: Voter I.D Laws Voter I.D Laws Reduced early voting Reduced early voting Eliminating voting the Sunday before the election “Souls to the Polls” Eliminating voting the Sunday before the election “Souls to the Polls”

8. Race, the Constitution, and Public Policy Other Minority Groups Other Minority Groups Native Americans Native Americans Santa Clara Pueblo v. Martinez (1978): affirmed tribal sovereignty Santa Clara Pueblo v. Martinez (1978): affirmed tribal sovereignty Hispanic Americans Hispanic Americans Mexican American Legal Defense and Education Fund Mexican American Legal Defense and Education Fund Asian Americans Asian Americans Korematsu v. United States (1944): internment of Japanese Americans during WWII; court rules that the need to protect against espionage outweighed Fred Korematsu's individual rights Korematsu v. United States (1944): internment of Japanese Americans during WWII; court rules that the need to protect against espionage outweighed Fred Korematsu's individual rights (Case was never officially overturned but in 2011, the Department of Justice filed a notice conceding it was in error.)

9. Women, the Constitution, and Public Policy The Battle for the Vote The Battle for the Vote 19th Amendment: extended suffrage to women in 1920 19th Amendment: extended suffrage to women in 1920 The “Doldrums”: 1920-1960 The “Doldrums”: 1920-1960 Laws were designed to protect women, and protect men from competition with women. Laws were designed to protect women, and protect men from competition with women. Equal Rights Amendment first introduced in Congress in 1923; fails ratification by states (1982) Equal Rights Amendment first introduced in Congress in 1923; fails ratification by states (1982) Ledbetter v. Goodyear Tire & Rubber Co. (2007)- Congress passed the Lilly Ledbetter Fair Pay Act to loosen the timeline requirements for the filing of a discrimination suit Ledbetter v. Goodyear Tire & Rubber Co. (2007)- Congress passed the Lilly Ledbetter Fair Pay Act to loosen the timeline requirements for the filing of a discrimination suit

10. Women, the Constitution, and Public Policy Women in the Workplace Women in the Workplace The Civil Rights Act of 1964 banned gender discrimination in employment. The Civil Rights Act of 1964 banned gender discrimination in employment. Wage Discrimination and Comparable Worth Wage Discrimination and Comparable Worth The Supreme Court has not ruled on this issue. The Supreme Court has not ruled on this issue. Women in the Military Women in the Military In January 2013, the military limited the ban on women serving in combat positions. This decision could open more than 230,000 jobs, many in Army and Marine infantry units, to women. Women’s access to the Special Forces is still up in the air. In January 2013, the military limited the ban on women serving in combat positions. This decision could open more than 230,000 jobs, many in Army and Marine infantry units, to women. Women’s access to the Special Forces is still up in the air. Sexual Harassment Sexual Harassment Prohibited by Title VII of Civil Rights Act of 1964 Prohibited by Title VII of Civil Rights Act of 1964

11. Newly Active Groups Under the Civil Rights Umbrella Civil Rights and the Graying of America Civil Rights and the Graying of America Age classifications not suspect category, but fall under rational basis test. Age classifications not suspect category, but fall under rational basis test. Civil Rights and People with Disabilities Civil Rights and People with Disabilities Americans with Disabilities Act of 1990 Americans with Disabilities Act of 1990 Requiring employers and public facilities to make “reasonable accommodations” for those with disabilities Requiring employers and public facilities to make “reasonable accommodations” for those with disabilities Prohibits employment discrimination against the disabled Prohibits employment discrimination against the disabled

12. Newly Active Groups Under the Civil Rights Umbrella Gay and Lesbian Rights Gay and Lesbian Rights Lawrence v. Texas (2003) Lawrence v. Texas (2003) The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14 th amendment The Court held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the 14 th amendment United States v. Windsor (2013) United States v. Windsor (2013) Struck down “Definition of marriage section 3” of DOMA- Defense of Marriage Act (1996) Struck down “Definition of marriage section 3” of DOMA- Defense of Marriage Act (1996) Gay Marriage Gay Marriage Many state constitutions amended to prohibit practice Many state constitutions amended to prohibit practice 17 States where it is legal: by court: CA, IA, CT, MA, NJ, NM; by popular vote: MD, ME, WA; by state legislature: DE, HI, IL, MN, NH, NY, RI, VT (D.C also allows gay marriage) 17 States where it is legal: by court: CA, IA, CT, MA, NJ, NM; by popular vote: MD, ME, WA; by state legislature: DE, HI, IL, MN, NH, NY, RI, VT (D.C also allows gay marriage) Gays in the Military Gays in the Military End of Don’t Ask, Don’t Tell- Gays can openly serve End of Don’t Ask, Don’t Tell- Gays can openly serve

13. Affirmative Action Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group; based on equally qualified candidates Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group; based on equally qualified candidates In education In education Regents of the University of California v. Bakke (1978) Regents of the University of California v. Bakke (1978) Racial set asides (quotas) were unconstitutional Racial set asides (quotas) were unconstitutional Race could be considered in admissions Race could be considered in admissions Grutter v. Bollinger (2003) Grutter v. Bollinger (2003) Race could be considered a “plus” admissions with a “strict scrutiny” burden Race could be considered a “plus” admissions with a “strict scrutiny” burden Fisher v. University of Texas (2013) Fisher v. University of Texas (2013) The Court of Appeals did not apply “strict scrutiny” standard so vacated and remanded case; Grutter not overturned but established “narrowly tailored” use of race The Court of Appeals did not apply “strict scrutiny” standard so vacated and remanded case; Grutter not overturned but established “narrowly tailored” use of race

14. Affirmative Action In employment In employment United Steelworks v. Weber (1979) United Steelworks v. Weber (1979) held that Steelworks affirmative action plan could help minority workers and did not prevent other employees from advancing. held that Steelworks affirmative action plan could help minority workers and did not prevent other employees from advancing. Adarand Constructors v. Pena (1995) Adarand Constructors v. Pena (1995) To be constitutional, affirmative action must be “narrowly tailored” to meet a “compelling governmental interest.” To be constitutional, affirmative action must be “narrowly tailored” to meet a “compelling governmental interest.” affirmative action, in issuing government contracts, could be used under a “strict scrutiny” standard affirmative action, in issuing government contracts, could be used under a “strict scrutiny” standard