Civil Rights: Equality An American Dilemma: Promotion of
equality conflicts with demands for freedom
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Definition Policies to protect people against discrimination by
government Three types of discrimination: Race Gender Other
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Concept of Equality Does NOT appear in the entire Const, not
even in BoR Only place = 14 th At equal protection of the law
guaranteed to all citizens Initially meant only life, liberty &
property but has expanded
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Tests Used to Decide Discrimination Cases 1. Rational basis
test (most lenient) Used to decide age/ $ cases A law is constal IF
there is a reasonable relationship b/the purpose of the law & a
legitimate govt objective (health, safety, etc) Burden of proof on
the individual who challenges the law Ex. airline pilots over 61
not ok safety Ex. 18 year olds drinking, not okalcohol
accidents
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2. Intermediate scrutiny test (used w/gender cases) State must
prove a relationship b/law & objective
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3. Strict scrutiny test (used w/race cases) State must prove
compelling reasons for enacting a law (ex. natl security, to remedy
past discrimination) State must have used least restrictive
means
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History of Race Cases Slavery to 1865 Scott v. Sandford (1857):
black men, free or slave = chattel, no rights as citizens AND
Congress has no power to ban slavery 13 th Amendment (1865)
abolished slavery
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14 th Amendment All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of
the United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge [deprive] the
privileges or immunities of the citizens of the United States; nor
shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
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Citizenship by Birth Jus soli- law of the soil Grants
citizenship to nearly all people born in US or Am territories Jus
sanguinis- law of blood If an individual is born in a foreign
country and both parents are US citizens, the child is a citizen if
at least one parent is a legal resident of the US If only one
parent is an American citizen, the parent must have lived in the US
for at least 5 years, 2 of which had to occur after the age of
14
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Reconstruction & Resegregation occupation, state
legislatures had to ratify new amendments; no former Confederates
could hold office Jim Crow laws returned w/Home Rule de jure &
de facto segregation Plessy v. Ferguson (1896) established separate
but equal (RR transportation)
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Retired professor George McLaurins shameful accommodation
outside of the classroom when a federal district court ordered his
admission into the University of Oklahomas doctoral program.
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Era of Civil Rights Sweatt v. Painter (1950) Separate MUST be
truly equal Brown v. Board of Education (1954) Unanimously ended
segregation as violation of 14 th Amendment Equal Protection Clause
Led to bussing; Rosa Parks 1955, MLK, marches, non- violence,
sit-ins
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Era of Civil Rights Hernandez v. Texas (1953) the Fourteenth
Amendment protects those beyond the two classes of white or Negro
Hispanics cannot be barred from juries
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Civil Rights Act of 1964 Racial discrimination illegal in
places of public accommodation (hotels, restaurants, etc b/c
commerce clause!) Forbade discrimination on basis of race, color,
natl origin, religion or gender Created EEOC to monitor and enforce
protection against job discrimination Withheld federal grants from
st/loc govts who practiced discrimination Strengthened voting
rights
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The right to vote Suffrage was denied in a variety of ways
Grandfather clauses Poll taxes Literacy tests White primaries
Violence and intimidation
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Voting Rights Act of 1965 Although 15 th Amendment in 1870
guaranteed African-Americans the right to vote, South used many
methods to restrict voting Act prohibited any govt from using any
procedure denying the right to vote on the basis of race or
color
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Other Minority Groups Native Americans became citizens in 1924;
tribal self-rule recognized Hispanic-Americans = largest minority;
MALDEF modeled on NAACP Asian-Americans = fastest-growing minority
Korematsu v. US (1944): Su Ct upheld need to protect against
espionage > Freds rights
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Womens Rights Part of abolitionist movement; little other
agreement Seneca Falls Declaration of Sentiments & Resolutions
in 1848 Fought coverture which said married womens identity was her
husbands no signing of contracts or owning property, or right to
vote
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19 th Amendment in 1920 gave women right to vote Time of
protectionist laws Hours, overtime, physical nature or work also
kept men from competing w/women for jobs Reed v. Reed (1971) First
Su Ct ruling on gender discrimination Must be rational!
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Women in the Workplace EEOC protects women (not just race)
Title IX of Education Act of 1972 forbade gender discrimination in
federally-subsidized education, including athletics Pregnancy now
covered in sick leave & health benefits Military: no draft for
women, no ground combat US v. Virginia (1996) State-funded military
colleges (VMI, in this case) must admit women (not separate but
=!!)
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Sexual Harassment In 1986, Su Ct ruled that a hostile or
abusive work environment = discrimination forbidden by the Civil
Rights Act of 1964 In 1988, ruled that employers are responsible
for preventing/eliminating harassment at work, even if management
doesnt know about it!
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Other Groups Age discrimination Disabled (today, wheelchair
ramps, toilet grab bars, Braille signs) Americans w/Disabilities
Act 1990 required employers to make reasonable accommodations and
prevents discrimination Ex. Casey Martin v. PGA, Lane v. Tennessee
(2004) (access to courts)
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Definition of Disabled?? AIDS?? Yes Epilepsy, high blood
pressure, eyesight?? Not if it can be addressed w/medication or
tools Biggest concern = $ needed to accommodate
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Gays & Lesbians Not much public support to extend
protections to them, but changing Support for civil unions but not
marriage Clintons dont ask, dont tell policy in military 1993; must
promise celibacy if come out Congress just repealed Dont Ask Dont
Tell in 2010
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Romer v. Evans (1996) Su Ct voided a state amendment voted on
by the population that denied protection to homosexuals Boy Scouts
v. Dale (2000) Could NOT allow gay troop leaders b/c private
organization, inconsistent w/ their values
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Lawrence and Gardner v. Texas (2003) 6-3; Texas anti-sodomy law
= violation of 14 th Amendment Due Process & Equal Protection
Clause BUT doesnt guarantee right to same- sex marriage
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Current Controversy 1996 Federal Defense of Marriage Act Lets
states refuse to recognize other states same-sex marriages State
laws preventing gays/lesbians from adopting children
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Affirmative Action Definition Special attention or compensatory
treatment to members of previously disadvantaged groups Goal Equal
results NOT just equal opportunity Typical means = quotas Freedom
is not enough. You do not wipe away the scars of centuries. You do
not take a man who for years has been hobbled by chains, liberate
him, bring him to the starting line of a race saying, 'You are free
to compete with all the others', and still justly believe you have
been completely fair. Thus it is not enough to open the gates of
opportunity. --LBJ
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Regents of University of California v. Bakke (1978) Race can be
a factor in admissions, but not the factor No quotas Adarand
Constructors v. Pena (1995) Fed programs that classify people by
race, even for benign purposes, should be presumed to be
unconstal
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Gratz v. Bollinger (undergrad student won), Grutter v.
Bollinger (grad student lost) (2003) Univ of Michigan law school
Yes to affirmative action No to point system!
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Do the following situations violate the 14 th Amendments Equal
Protection Clause? 1.Due to the fact that most fast-food
restaurants are robbed during closing hours, Koubas Coney Dogs has
a policy that does not allow women to be hired to work the late
closing shift. 2.A maximum-security prison in the state of Texas
does not allow female prison guards in its employ. 3.In an effort
to reduce crime, a community passes a curfew law that requires all
persons under the age of 17 off the streets M-F between 10 pm and 5
am. 4.Ambulance service charges individual passengers $75 for
transportation to any local hospital. However, if a passenger
weighs over 300 pounds, a $25 fee is added on. 5.Koubas Kool House
of Coffee requires that all male patrons wear a sport coat and tie.
6.The state of Texas requires all public employees to be citizens
of the United States. 7.A university, in an effort to promote
diversity on its college campus, considers race and ethnicity when
admitting students.