Civil Rights

There’re Not Civil Liberties

The Difference

“Positive right”-government takes action to halt discrimination- any unreasonable or unjust criterion of exclusion even if done by public accommodations that are privately owned A Civil Liberty is a restriction on what government can do, such as they can’t search your house without a warrant.

General Discrimination Law

Not all discrimination is illegal: allowed forms include discrimination based on young age, academic skill, attractiveness, athletic ability, etc.Other forms of discrimination are considered illegal under the 14th amendment or under congressional law.

Protected Classes

Groups that are protected from such discrimination under the 14th AmendmentThese include race, ethnicity, age (old age), country of origin, gender, disability, and religion.Note: sexual orientation is not a protected class under the 14th Amendment

Standards

Rational basis: Difference in treatment must be reasonable and not arbitrary – traditional rules of evidence apply with the burden of proof on the plaintiff (protected classes include age or disability)

Rational Basis Case Law

PGA v. Martin: Must provide equal accesses to golf tournaments to those who are disabled.

Standards (cont.)

Strict Scrutiny: The burden of proof falls on the defendant – defendant has to show a compelling interest, that the rule is narrowly tailored, and the least restrictive means to satisfy the need (protected classes include race, national origin, religion)

Strict Scrutiny Case Law

Loving v Virginia (1967): Allowed interracial marriage.Plyler v Doe (1982): Banned Texas law that refused enrollment for the children of illegal immigrants

Standards (cont.)

Gender has a standard that is somewhere between strict scrutiny and rational basis, called the “intermediate standard”

Intermediate Standard Case Law

Mississippi University for Women v Hogan (1981): Exclusion of men from nursing program was unconstitutionalRostker v Goldberg (1981): Congress may require men, but not women, to register for the draft.

Civil Rights Act of 1964

In 1972, there was an amendment to the Civil Rights Act of 1964 that introduced the controversial Title IX, banning sex discrimination in any educational program that receives federal funds.

Franklin v Gwinnett County Public Schools (1992)

Monetary damages could be rewarded for gender discrimination, like for Title IX.