1. Current Issues in Civil Rights

2. Affirmative Action Affirmative action – preferential practices should be used in hiring

3. Equality of Results Racism and sexism can be overcome only by taking them into account in designing remedies Equal rights not enough, people need benefits Women should be given material necessities, such as free daycare, that will help them enter the workforce Position generally justified in the name of diversity or multiculturalism

4. Equality of Opportunity Laws should be color blind and sex neutral Government should only eliminate barriers Reverse discrimination occurs when race or sex is used as a basis for preferential treatment Supporters tend to be conservative, favoring traditional family arrangements

5. Affirmative Action Equality of Results v. Equality of Opportunity – Which model should affirmative action follow? – Question debated in the courts, but there is no clear direction from Supreme Court decisions Court is deeply divided (affected by conservative Reagan appointees) Law complex and confusing, but some standards have emerged for quotas and preference systems Regents of the University of California v. Bakke

6. Quotas and Preference Quota system subject to strict scrutiny – must be a compelling state interest to justify quotas Must correct actual pattern of discrimination Must ID actual practices that discriminate Federal quotas given deference because Constitution gives Congress greater power to correct the effects of racial discrimination Voluntary preference systems easier to justify -Not likely to apply to persons laid off

7. Affirmative Action Compensatory action v. preferential treatment – Public supports compensatory action (helping minorities catch up) and opposes preferential treatment (giving minorities preference, quotas) – In line with United States political culture

8. Affirmative Action: Famous Supreme Court Cases – Adarand Constructors v. Pena—1995 (any racial classification is subject to strict scrutiny) – Gratz v. Bollinger—2003 (overturned University of Michigan policy that gave “bonus points” to minority applicants into undergraduate programs) – Grutter v. Bollinger—2003 (upheld University of Michigan Law School policy that used race as “plus factor” but not as part of numerical quota)

9. Homosexual Rights Courts historically allowed states to determine gay and lesbian rights Bowers v. Hardwick(1986): Georgia allowed to ban homosexual sexual activity Romer v. Evans(1996): Colorado voters had adopted state constitutional amendment making it illegal to protect persons based on gay, lesbian, or bisexual orientation 1. Supreme Court struck down Colorado amendment 2. Colorado amendment violated equal protection clause Lawrence v. Texas (2003): Texas law banned sexual conduct between persons of same sex 1. Supreme Court overturned law 2. Used same language it has used in cases involving contraception, abortion: PRIVACY!

10. Homosexual Rights Private groups allowed to exclude homosexuals from membership – Boy Scouts of America v. Dale

11. Homosexual Rights Gay marriage up to the states Massachusetts Supreme Judicial Court decided (2003) that gays and lesbians must be allowed to marry in the state Mayor of San Francisco also issued gay/lesbian marriage licenses in defiance of state law Nationally, voters generally opposed to same-sex marriage but would allow “civil union” Under 1996 Defense of Marriage Act (Clinton), no state has to give legal status to same-sex marriage performed in another state, defined marriage as husband and wife

12. Currently… In the US, same-sex couples can marry and receive state-level benefits in 32 states Additionally, several states offer civil unions or domestic partnerships, granting all or part of the state-level rights and responsibilities of marriage. (Separate but equal???) 17 states have constitutional restrictions limiting marriage to one woman and one man. United States v. Windsor- June 2013 Supreme Court ruled that the federal govt must recognize same sex marriages performed in states where it is legal and must grant federal benefits to those couples. Also, DOMA definition of marriage is unconstitutional.

13. Marriage Legal Civil Unions legal Banned by law Banned by state Constitution

14. State laws regarding same-sex marriage in the United States 2014 Blue- Same-sex marriage legal Yellow- Judicial ruling overturning same-sex marriage ban stayed indefinitely pending appeal Red- Same-sex marriage banned contrary to federal appellate court precedent against the ban Dark red- Same-sex marriage banned

15. Same-sex laws around the world Blue: legal- darker = more rights Red/Orange: illegal- darker = harsher penalty (dark red is death penalty) Yellow= unenforced penalty