Janda.chapter 16, Equality and Civil Rights

8/12/2019 Janda.chapter 16, Equality and Civil Rights

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Chapter 16

EQUALITY ANDCIVIL RIGHTS


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Learning Outcomes16.1 Explain how the concepts of equality ofopportunity and equality of outcome mirror thetension between freedom and equality.

16.2 Trace the Supreme Court rulings and statelegislative efforts that prevented African Americansfrom achieving

equal protection of the laws.

Copyright 2014 Cengage Learning 2


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Learning Outcomes16.3 Identify the Supreme Court decisions thatdismantled school segregation and explain thesignificance of each.

16.4 Describe the circumstances under which the1964 Civil Rights Act was passed and its evolvinginterpretation in subsequent Supreme Courtdecisions.16.5 Evaluate the effect of the civil rightsmovement on other minority groups

struggles forequality.



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Learning Outcomes16.6 Trace the evolution of women

s legal rightsbeginning with laws based on protectionism andconcluding with Supreme Court rulings prohibiting

gender-based discrimination.16.7 Compare and contrast the consequencesthat follow from policies aimed at equalopportunities versus those aimed at equaloutcomes.



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Two Conceptions of EqualityEquality of Opportunity

Each person guaranteed same chance to succeedMore Americans support this than equality of outcome

Equality of OutcomeSociety must ensure people are equal, andgovernment must design policies to redistribute wealthand status so that economic and social equality isactually achieved



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The Civil War AmendmentsThirteenth Amendment 1865

Prohibited slavery or involuntary servitude

Fourteenth Amendment 1868Made freed slaves citizensProhibited states from abridging privileges or deprivingrights without due process

Guarantees equality under lawFifteenth Amendment 1870

Added political equality



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The Civil War AmendmentsCongress and the Supreme Court:Lawmaking Versus Law Interpreting

Congress passed civil rights act in 1866 to counteractstates

black codesSupreme Court rulings weakened or overturned someprovisionsCourt decisions gave states room to maneuver aroundcivil rights laws



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The Civil War AmendmentsThe Roots of Racial Segregation

After Civil War, southern states passed Jim Crow lawsto reinforce segregation

Plessy v. Ferguson (1896) upheld state-imposed racialsegregation

Established separate-but-equal doctrineThree years later, applied to schools



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The Dismantling ofSchool Segregation

Pressure for Equality In 1920s, separate-but-equal doctrine deeply ingrainedIn 1930s, a few Supreme Court cases offered hope forfuture changes

Plessy ruling - University of Missouri Law School had toadmit black studentsSweatt v. Painter - University of Texas Law School

ordered to provide admission to black studentsCourt avoided reexamining separate-but-equal



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The Civil Rights MovementNAACP concentrated efforts on schooldesegregation but made advancements inother areas as well

Late 1940s - Supreme Court decisions against:Whites-only primariesSegregation on interstate bus routes

Civil rights movement



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The Civil Rights MovementCivil Disobedience

Rosa Parks arrested and fined for not giving up seatMontgomery

s black community responded to Parks'

arrest with a boycott of bus systemMartin Luther King, Jr., urged blacks to continue boycottdespite harassmentEventually federal court ruled segregated transportationsystems unconstitutionalMartin Luther King, Jr. advocated civil disobedience tobring racial issues to light



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The Civil Rights MovementThe Civil Rights Act of 1964

In 1963, Kennedy enforced the desegregation of theUniversity of Alabama

Martin Luther King

I Have a Dream

March for Jobs and Freedom

Lyndon B. JohnsonConsidered civil rights top legislative priority

Civil Rights Act of 1964Elementary and Secondary Education Act 1965



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When Leaders Confer



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The Civil Rights MovementThe Continuing Struggle over Civil Rights

Grove City College v. Bell (1984)Civil Rights Restoration Act of 1988

If any institution gets federal money, no part of it candiscriminate

Supreme Court

s subsequent rulings limited scope ofcivil rights laws



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Civil Rights for Other MinoritiesNative Americans

Government relations with native Indians in 18 th & 19 th centuries denied political and social rights

Early 20 th century policies promoted assimilationIndians received citizenship in 1924

Frustration with U.S. policies led to militant action in1969s and early 1970s

In 1946, Indian claims commission established1970s and 1980s tribes won monies and land



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Civil Rights for OtherMinorities

Immigrant GroupsMillions of undocumented or illegal immigrants havecome to U.S.

1965 new immigration law eliminated quotasBy 2006, over 11 million illegal immigrants in the U.S.

Arizona immigration lawLatino immigration - now 16 percent of the population



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Civil Rights forOther Minorities

Americans with Disabilities43 million Americans with disabilities gained protectionwith 1990 Americans with Disabilities Act (ADA)

Extends protections of Civil Rights Act of 1964 to manycategories of disabilities

Definition of disability is difficultRevision to ADA signed into law in 2008



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Civil Rights ofOther Minorities

Homosexual Americans1969 Stonewall riots - beginning of gay liberationmovement

National Gay and Lesbian Task Force (NGLTF) lobbiedfor gays to serve in public employment

Same-sex marriage issueObama first president to publicly support

Many states differ - 13 states prohibit same-sexmarriage

Boy Scouts of America v. Dale



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Proud to be Out


Court Confronts

California Clash


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Gender and Equal Rights:The Women

s MovementProtectionism

Women

s movement: fight against protectionismDemand for women

s rights began with abolition

movementCourts consistently upheld protectionist laws

Supreme Court 1991 ruling struck down company

sfetal protection policy as discriminatory



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s MovementProhibiting Sex-Based Discrimination

Equal Pay Act of 1963 Advanced pay equality but didn

t overturn other state

protectionist lawsCivil Rights Act of 1964 prohibited sexism

Helped to remove restrictions of protectionism

Title IX of the Education Amendments of 1972

Revenue Act of 1972Title VII in 2007 tightened rules over paydiscrimination

Lilly Ledbetter Fair Pay ActCopyright 2014 Cengage Learning 25


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s MovementStereotypes Under Scrutiny

In early 1970s, Supreme Court began ruling againstgender-based protectionism

In 1976, Court established standard: gender-baseddistinctions justifiable only if they serve importantgovernment purpose

Bared juror exclusions based on sex

United States v. Virginia



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s MovementThe Equal Rights Amendment

Courts hesitant to extend Fourteenth Amendmentbeyond issues of race

1923, National Women

s Party originally introducedequal rights amendment (ERA) but it has never beenratified

Why did the ERA fail?Proponents made national campaign; opponents, astate-based campaignProponents exaggerated effects; opponentscapitalized on fears of those effects



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s MovementThe Equal Rights Amendment (cont.)

Despite ERA

s failure, ratification movement providedbenefits for women

Spurred formation of National Organization for Women(NOW) and other organizationsContributed to women

s participation in politicsGenerated important legislation affecting women

Some view Court decisions as ERA equivalent



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Affirmative Action: EqualOpportunity or Equal Outcome

Commitment of President Johnson led toaffirmative action programs

Designed expand opportunities for women, minorities

and people with disabilitiesRange of public and private programs to move beyondequality of opportunity to equality of outcome

Most aggressive form - Numerical/percentage goals

Includes increased recruitment efforts

Arguments both for and against



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Affirmative Action: EqualOpportunity or Equal Outcome

Reverse DiscriminationRegents of the University of California v. BakkeGroups opposed to affirmative action took other

situations to court with mixed resultsGratz v. Bollinger university admissions policy violatedequal protection clauseGrutter v. Bollinger ruled race only one factor in

admissions decisionsCommunity Schools v. Seattle School District No. 1 -invalidated integration plans Fisher v. University of Texas



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The Price of Equality?



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Affirmative ActionThe Politics of Affirmative Action

Overall, blacks favor affirmative action and whites donot

Why is there persistence of equal outcome policies?Majority of Americans consistently reject explicit race orgender preferences regardless of groups that benefit

Many Americans view affirmative action as violation of

personal freedoms


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