Equal Rights: Struggling Toward Fairness

Chapter 5

Martin Luther King, Jr.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.”MLK was the youngest person to ever win a Nobel Peace Prize

Civil liberties focus on individuals

Civil rights focus on groups

Civil Liberties vs. Civil Rights

The Struggle for Equality Disadvantaged Americans have gained their rights through

struggle against entrenched interests African Americans

Reconstruction in the South was followed by a lengthy period of racial segregation

The removal of federal troops from the South in 1877 was followed by rapid legal discrimination against blacks

Plessy v. Ferguson (1896) Separate but equal was acceptable

Early 20th Century- NAACP made gains for African Americans through legal actions

Brown v. Board of Education of Topeka, Kansas (1954) Separate but equal was NOT acceptable Racial segregation in schools violated the equal protection clause of

the 14th Amendment

Equality through LawThe Fourteenth Amendment: equal protection

Forbids states from denying equal protectionApplies to government, not private individuals

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

Segregation Rates in Public Schools

Equality through Law

The Fourteenth Amendment: equal protection Strict-scrutiny test

Suspect category—assumed unconstitutional in the absence of an overwhelming justification

Applies to race, ethnicity, etc. Intermediate category

Almost suspect —assumed unconstitutional unless the law serves a clearly compelling and justified purpose; applies to gender

Reasonable-basis testNot suspect category—assumed constitutional unless no sound

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

Equality through Law

The Civil Rights Act of 1964Aimed at eliminating discrimination by private

employment practices and their operation of public accommodationsPublic accommodations cannot refuse to serve

customers based on race, color, religion, sex, or national origin

Hotels, restaurants, theaters, etc. Most employers cannot refuse to consider applicants

based on race, color, religion, sex, or national originApplies to hiring, promotion, and wagesSmall businesses and church-related schools have exceptions

Equality through Law

The Civil Rights Act of 1964The 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

Equality through Law The Civil Rights Act of 1964

The movement for women’s rights In 1789 women could not:

Vote Hold office Serve on juries Own & dispense property without husband’s consent

Seneca Falls-1st women’s rights convention in 1848 Movement originally aligned with the abolition movement

Women acquire the right to vote in 1920 with Nineteenth Amendment

The Equal Rights Amendment: passed Congress but failed ratification by states

Equality through LawThe Civil Rights Act of 1964

Hispanic Americans and the farm workers’ strikesStrikes in 1960s and 70s, largely for migrant workers’

rights; most success in CaliforniaGrowing Political Power- Election victories

Native Americans and their long-delayed rightsGranted citizenship in 1924Protests in 1970s; greater control over own affairs1968 Indian Bill of RightsOver 1 million todayLower life expectancies than national avg.Less than ½ as likely to attend college as other AmericansRecent lawsuits to reclaim their ancestral lands

Equality through Law

The Civil Rights Act of 1964Asian Americans and immigration

Asians were denied entry into the U.S. for a long period Discrimination did not ease until the 1960’s Notable educational advancements Upwardly mobile group but are under represented in top positions in society

Equality through Law

The Voting Rights Act of 1965Barring 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

Equality through Law

The Civil Rights Act of 1968Housing

Prohibition of redlining

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?

Equality through LawAffirmative action

Focus on “equality of result”De jure discrimination

Specific law—discriminationAddressed by Brown v. Board

De facto discriminationSocial, economic, cultural biases—discriminationAddressed by “equality of result” plans i.e. affirmative

action & school busingSince height of busing era, the trend in public schools has been

back towards greater de facto segregation

Equality through Law Affirmative action

Arose when it became apparent that disadvantaged Americans would not attain equal employment opportunities through individual lawsuits

Seeks full and equal opportunities in education, employment, etc. for all

Controversy over ends and meansViewed as giving preferential treatment rather than ensuring equal

treatment Affirmative action in law

University of California Regents v. Bakke (1978) Upheld the principle of affirmative action; struck strict down quotas

SCOTUS in recent years has narrowed the application of A. Action Adarand v. Pena (1995), Gratz v. Bollinger (2003)

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?

The Continuing Struggle for Equality

African AmericansAftermath of the civil rights movement

Continuing high disparity in incomeDiscrepancies in convictions and sentencingHigh rate of dissolution of black familiesMovement into political officeWhite FlightToday, the majority of African Americans in the nation

live in neighborhoods where whites are in the minority

Family Structure, by Race and Ethnicity

The Continuing Struggle for Equality Women

Electoral and political successes Women have made significant gains in obtaining government positions Geraldine Ferraro- 1st women on a national ticket of a major political party

in 1984 Sandra Day O’Connor- appointed by Reagan as the 1st female SCOTUS

justice HOWEVER: The U.S. Congress has a lower % of women than most

northern European national legislatures Job-related issues

Lack of job equality Family leave Gender pay equity- about 80%

Comparable Worth- equal pay for work that requires similar demands, responsibilities, and levels of education and training

Sexual harassment- Anita Hill “Feminization of poverty”

Percentage of Families Living in Poverty, by Family Composition and Race/Ethnicity

The Continuing Struggle for Equality

Native Americans Today number more than 2,000,000 Were not given U.S. citizenship status en masse until 20th

Century Have far higher infant mortality rate than the national

average Less than half as likely to finish college as compared to other

Americans In recent years have filed suit to reclaim ancestral lands

Hispanic Americans Immigration and legal residence issues Fastest growing minority; electoral success

The Continuing Struggle for Equality

Asian AmericansAbout 12 million Asian AmericansEmphasis on academic achievement in Asian

American communitiesUpwardly mobile group

The Continuing Struggle for Equality

Gays and lesbiansLegal victories: Romer v. Evans, Lawrence v. TexasLegal setbacks: Boy Scouts exclusion policy

upheld; military policySame-sex marriage legal in some states, but federal

Defense of Marriage Act allows states to deny marital rights granted by other statesWindsor v. U.S. (2013) DOMA ruled unconstitutional

The Continuing Struggle for Equality

Other disadvantaged groupsOlder Americans

Age Discrimination Act and Age Discrimination in Employment Act

Disabled AmericansAmericans with Disabilities Act

Opinions on Same-Sex Marriage, by Age

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

Telling the American Story to Children