chapter 5. equality through law the fourteenth amendment: equal protection equal-protection clause...

Chapter 5

Equality through LawThe Fourteenth Amendment: equal protection

Equal-protection clause forbids states from denying equal protection

Segregation in the schoolsBrown v. Board of Education of Topeka—banned forced

segregation in schoolsLittle change to segregation 15 years laterSupreme Court encouraged busing as solution to

segregation; highly controversial, mixed results

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Equality through LawJudicial tests of equal protection

Strict-scrutiny test Suspect category—assumed unconstitutional in the absence of an

overwhelming justification Applies to race, ethnicity, etc.

Intermediate scrutiny Almost suspect —assumed unconstitutional unless the law serves

a clearly compelling and justified purpose; applies to gender

Reasonable-basis test Not suspect category—assumed constitutional unless no sound

rationale for the law can be provided; applies to age, income, etc.

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Equality through LawThe Civil Rights Act of 1964

Accommodations and jobs Public accommodations cannot refuse to serve customers based

on race Most employers cannot refuse to consider applicants based on

race

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Equality through LawThe black civil rights movement

Impetus behind Civil Rights Act of 1964Busing boycott led by Dr. Martin Luther King Jr.March on Washington for Jobs and FreedomStrong resistance to Civil Rights Act, but ultimately

successful

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Equality through LawThe movement for women’s rights

Seneca FallsWomen acquire the right to vote in 1920 with Nineteenth

AmendmentThe Equal Rights Amendment: passed Congress but failed

ratification by states

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Equality through LawHispanic Americans and the farm workers’ strikes

Strikes in 1960s and 70s, largely for migrant workers’ rights; most success in California

Native Americans and their long-delayed rightsGranted citizenship in 1924Protests in 1970s; greater control over own affairs1968 Indian Bill of Rights

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Equality through LawAsian Americans and immigration

Long tradition of immigration restriction, ended 1965Some legal victories in field of education

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Equality through LawThe Voting Rights Act of 1965

Barring of whites-only primaries, 1940sTwenty-fourth Amendment prohibited poll taxes, 1960sVoting Rights Act of 1965 allowed federal agents to

oversee voter registrationStates prevented from creating election districts that

deliberately dilute the minority vote, or to give it control

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Equality through LawThe Civil Rights Act of 1968

Housing Prohibition of redlining

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What’s Your Opinion?Should private discrimination be allowed?

Should private country clubs and organizations be allowed to discriminate based on: Religion, race, color, ethnic background? Gender, age, income? Physical characteristics, sexual preference, lifestyles?

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Equality through LawAffirmative action

Focus on “equality of result”De facto discrimination

Social, economic, cultural biases—discrimination

De jure discrimination Specific law—discrimination

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Equality through LawAffirmative action

Full and equal opportunities for all in education, employment, etc.

Controversy over ends and meansAffirmative action in law

University of California Regents v. Bakke (1978) Adarand v. Pena (1995)

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What’s Your Opinion?Which position on affirmative action programs comes

closer to your own point of view?Keep them without rigid quotas?Phase them out?Don’t know or have an opinion?

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The Continuing Struggle for EqualityAfrican Americans

Aftermath of the civil rights movement Continuing high disparity in income Discrepancies in convictions and sentencing High rate of dissolution of black families Movement into political office

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The Continuing Struggle for EqualityWomen

Electoral and political successesJob-related issues

Lack of job equality Family leave Gender pay equity Sexual harassment “Feminization of poverty”

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The Continuing Struggle for EqualityNative Americans

Suits to regain landNegative discrepancy in health, wealth, and educationCasinos; rising income but controversial

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The Continuing Struggle for EqualityHispanic Americans

Immigration and legal residence issuesFastest growing minority; electoral success

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The Continuing Struggle for EqualityAsian Americans

About 12 million Asian AmericansEmphasis on academic achievement in Asian American

communitiesUpwardly mobile group

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The Continuing Struggle for EqualityGays and lesbians

Legal victories: Romer v. Evans, Lawrence v. TexasDon’t Ask, Don’t Tell Repeal Act in 2010: gays and

lesbians can now serve openly in the armed services

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The Continuing Struggle for EqualityGays and lesbians

Legal setbacks: Boy Scouts exclusion policy upheldSame-sex marriage legal in some states, but federal Defense

of Marriage Act (DOMA) allows states to deny marital rights granted by other states

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The Continuing Struggle for EqualityOther disadvantaged groups

Older Americans Age Discrimination Act and Age Discrimination in Employment

Act

Disabled Americans Americans with Disabilities Act

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Discrimination: Surface Differences, Deep DivisionsAmerica’s high ideals often clash with its historyFrequent tendency or desire to avoid retelling the negative

aspects of American history

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