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Civil Rights

Civil Rights. Civil Rights . Refers to government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as: race, sex, national origin, age, religion or sexual orientation. Citizenship.

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Civil Rights

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  1. Civil Rights

  2. Civil Rights • Refers to government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as: • race, • sex, • national origin, • age, • religion • or sexual orientation

  3. Citizenship • Missouri Compromise (1820) • Dred Scott v. Sanford (1857) • 14th Amendment (1868) • Definition of a citizen • Someone born or naturalized in the U.S.

  4. Civil War Amendments • 13th-Abolishes Slavery • 14th- Due process, equal protection, privileges and immunities • 15th-Right to vote regardless of race

  5. Race • Dred Scott v. Sanford (1857) • Plessy v. Ferguson (1896) • Brown v. Board (1954) • De jure • De facto

  6. Civil Rights Act of 1964 • Leading to the legislation • Kennedy request on banning discrimination in public accommodations • March on Washington led by King • “I Have a Dream” speech • Kennedy assassinated • Johnson, southern-born VP, put civil rights on top of his agenda as new president. • Opposition from Strom Thurmond—longest filibuster in history of Senate (8 weeks) • Public opinion changes (southern attitudes)

  7. Civil Rights Act of 1964 • The legislation, once passed… • Outlawed arbitrary discrimination in voter registration and expedited voting rights lawsuits. • Barred discrimination in public accommodations engaged in interstate commerce. • Authorized the Department of Justice to initiate lawsuits to desegregate public facilities and schools. • Provided for the withholding of federal funds from discriminatory state and local programs. • Prohibited discrimination in employment on grounds of race, color, religion, and national origin, or sex. • Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce the bans on employment discrimination.

  8. Impact of the Civil Rights Act of 1964 • Lawsuits quickly emerged to challenge the act. • Supreme Court upheld its constitutionality. • Education • Supreme Court ruled that all state-imposed segregation (de jure discrimination) must be eliminated at once. • De fact discrimination • Racial discrimination that results from practice rather than the law (housing patterns, for example) • Employment • Title VII prohibits discrimination in workplace • Notion of “business necessity”

  9. Women’s Rights • The Second Feminist Wave • Muller v. Oregon (1908) • Limited the work day for women in laundries to 10 hours • Reed v. Reed (1971) • “Arbitrary” gender discrimination violated 14th Amendment’s Equal Protection Clause • Craig v. Boren (1976) • “Medium scrutiny” standard established for gender discrimination • Equal Rights Amendment fails ratification by states (1982)

  10. Statutory Remedies for Sex Discrimination • Title VII: prohibits discrimination by private and(after 1972) public employers • Key victories under Title VII: • Consideration of sexual harassment as sex discrimination • Inclusion of law firms, which many argued were private partnerships, in the coverage of the act • A broad definition of what can be considered sexual harassment, which includes same-sex harassment • Allowance of voluntary affirmative action programs to redress historical discrimination against women

  11. Statutory Remedies for Sex Discrimination • Title IX • Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students • Key victories under Title IX • Holding school boards or districts responsible for sexual harassment of students by teachers

  12. Affirmative Action • Definition: a policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group • In education • Regents of the University of California v. Bakke (1978) • Racial set asides unconstitutional • Race could be considered in admissions • Grutter v. Bollinger (2003) • Race could be considered a “plus” in admissions

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

  14. New Civil Rights Issues • Gay and Lesbian Rights • Bowers v. Hardwick (1986) • Romer v. Evans (1996) • Lawrence v. Texas (2003) • Overturned Bowers • Private homosexual acts are protected by the Constitution • Gay marriage • Many state constitutions amended to prohibit practice

  15. Equal Protection

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