Civil Civil

RightsRights

““Equal Protection”Equal Protection”

Civil Rights -- definedCivil Rights -- defined

•Issues that involve Issues that involve discrimination against a discrimination against a groupgroup

•Govt. has authority to treat Govt. has authority to treat people differently; treatment people differently; treatment must be “reasonable” must be “reasonable”

1414thth Amendment (1868) – Amendment (1868) – civil rights applicationcivil rights application

•Forbids any state to “deny to Forbids any state to “deny to any person within its any person within its jurisdiction the equal jurisdiction the equal protection of the laws”protection of the laws”

•Gender, race, ethnicity, age, Gender, race, ethnicity, age, disability, sexual preferencedisability, sexual preference

Civil Rights --Civil Rights --African African AmericansAmericans

• Plessy v. Ferguson Plessy v. Ferguson 1896 – “separate but 1896 – “separate but equal” doctrineequal” doctrine

• Brown v. Board of EducationBrown v. Board of Education 1954 -- 1954 -- de de jurejure (by law) segregation ruled (by law) segregation ruled unconstitutionalunconstitutional

• Civil Rights Act of 1964, 24Civil Rights Act of 1964, 24thth Amendment Amendment (poll tax), Voting Rights Act 1965 (poll tax), Voting Rights Act 1965

• de factode facto (by reality) segregation – (by reality) segregation – Swann v. Swann v. Charlotte-Mecklenburg BOECharlotte-Mecklenburg BOE 1971 – courts 1971 – courts can require remedies for de facto can require remedies for de facto segregation; busing, redrawn district lines, segregation; busing, redrawn district lines, etc. etc.

Affirmative ActionAffirmative Action• Policy or program whose stated goal is to Policy or program whose stated goal is to

redress past or present discrimination, redress past or present discrimination, using active measures to ensure equal using active measures to ensure equal opportunity (education, employment)opportunity (education, employment)

• Regents of the University of California v. Regents of the University of California v. BakkeBakke 1978 – numerical minority quotas 1978 – numerical minority quotas are not permissibleare not permissible

• Grutter v. BollingerGrutter v. Bollinger, , Gratz v. BollingerGratz v. Bollinger 2003 – race can be used as a factor for 2003 – race can be used as a factor for universities shaping their admissions universities shaping their admissions programsprograms

Women and Equal Women and Equal RightsRights

• Seneca Falls Convention – 1848 – Seneca Falls Convention – 1848 – beginning of women’s suffrage beginning of women’s suffrage movementmovement

• 1919thth Amendment – 1920 – Women’s Amendment – 1920 – Women’s suffragesuffrage

• 1970s – “reasonableness standard”1970s – “reasonableness standard”– Rostker v. GoldbergRostker v. Goldberg (1981) – Court (1981) – Court

upheld the requirement of men to upheld the requirement of men to register for the draft, but not womenregister for the draft, but not women

Women and Equal Women and Equal RightsRights

•Civil Rights Act (1964)Civil Rights Act (1964)

--Title VII – prohibits gender --Title VII – prohibits gender discrimination in employment, discrimination in employment, extended to sexual harassmentextended to sexual harassment

--Comparable worth – “equal pay for --Comparable worth – “equal pay for equal work”equal work”

--Title IX – provide equal funding for --Title IX – provide equal funding for all programs that receive federal all programs that receive federal fundingfunding

Women and Equal RightsWomen and Equal Rights

•Equal Rights Amendment Equal Rights Amendment (ERA) 1972 (ERA) 1972 –““Equality of rights under Equality of rights under the law shall not be denied the law shall not be denied or abridged by the US or or abridged by the US or any State on account of any State on account of sex.” – did not pass sex.” – did not pass

Women – Abortion IssueWomen – Abortion Issue

•Roe v. WadeRoe v. Wade (1973) – women’s (1973) – women’s freedom to choose abortion – 14freedom to choose abortion – 14thth amendment due process clauseamendment due process clause

•Planned Parenthood of Planned Parenthood of Southeastern Pennsylvania v. Southeastern Pennsylvania v. CaseyCasey (1992) – state restrictions (1992) – state restrictions that are not “unduly that are not “unduly burdensome” are permittedburdensome” are permitted

Newly Active Groups Newly Active Groups Under the Civil Rights Under the Civil Rights

UmbrellaUmbrella•The “Graying” of AmericaThe “Graying” of America

•People With DisabilitiesPeople With Disabilities

•Gay and Lesbian RightsGay and Lesbian Rights

Rights for Older Rights for Older AmericansAmericans

•Age discrimination illegalAge discrimination illegal

•Age Discrimination in Employment Age Discrimination in Employment Act -- raised the general Act -- raised the general compulsory retirement age to 70compulsory retirement age to 70

•AARP –very influentialAARP –very influential

Rights for Disabled Rights for Disabled AmericansAmericans

• 17% of Americans have a disability17% of Americans have a disability

• Rehabilitation Act of 1973 - illegal to Rehabilitation Act of 1973 - illegal to discriminate based on disabilitydiscriminate based on disability

• Education for All Handicapped Education for All Handicapped Children Act of 1975 –access to free Children Act of 1975 –access to free public educationpublic education

• Americans with Disabilities Act of Americans with Disabilities Act of 1990 – protect disabled rights1990 – protect disabled rights

Homosexual RightsHomosexual Rights• 1993 – “Don’t Ask, Don’t Tell”1993 – “Don’t Ask, Don’t Tell”

• Lawrence v. Texas (2003) – law Lawrence v. Texas (2003) – law against homosexual action violated against homosexual action violated due process of 14due process of 14thth Amendment – Amendment – “life, liberty, and property”“life, liberty, and property”

• Same sex marriage Same sex marriage http://www.latimes.com/news/local/la-gmtimeline-fl,0,5345296.htmlstory

Understanding Civil Understanding Civil Rights and Public PolicyRights and Public Policy

• Civil Rights and DemocracyCivil Rights and Democracy -- Majority rule is favored.-- Majority rule is favored.– Suffrage gave many groups political power.Suffrage gave many groups political power.

• Civil Rights and the Scope of Civil Rights and the Scope of GovernmentGovernment– Civil rights laws increase the size of Civil rights laws increase the size of

government--bureaucracygovernment--bureaucracy– Civil rights protect individuals.Civil rights protect individuals.

Civil Rights SummaryCivil Rights Summary

• Constant pursuit of equalityConstant pursuit of equality

• Civil Rights for minority groups will Civil Rights for minority groups will constantly be changingconstantly be changing

• EVERYONE will be a part of some EVERYONE will be a part of some minority group during their lifetimeminority group during their lifetime