Civil Rights What are they? Who has needed to fight them? African Americans Women Native...
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Transcript of Civil Rights What are they? Who has needed to fight them? African Americans Women Native...
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Civil Rights
What are they? Who has needed to fight them?
African Americans Women Native Americans Hispanic Americans Asian Americans Older Americans Disabled Americans Gays and Lesbians
Rarely achieved a greater measure of justice without a struggle
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African Americans
Brown v. Board (1954) 1963 televised march in Birmingham March on Washington for Jobs and
Freedom Civil Rights Act of 1964
Public facilities and no job discrimination Voting Rights Act of 1965 Political representation today
Still below proportion…but rising sharply
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Women
1848—Seneca Falls—Lucretia Mott and Elizabeth Cady Stanton
Nineteenth Amendment Equal Pay Act of 1963 Title IX—1972 Equal Credit Act of 1974 Not close politically to equality Gender gap Educational abilities today Glass ceiling Family and Medical Leave Act of 1993
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Native Americans
We haven’t been very nice… Lawsuits to reclaim lands Reservations College, life expectancy, poverty, infant
mortality Promote self-government and economic
self-sufficiency 1970s—Bureau of Indian Affairs and
Wounded Knee Gaming Casinos
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Hispanic Americans
Farmworkers’ strikes Grapes and lettuce Cesar Chavez
Bilingual ballots and education What are current controversies with this
group? Growing political force Lean Democrat (except Cuban-Americans) Liberal on economy and conservative on
social
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Asian Americans
Late 1800s—railroads and mines Lau v. Nichols (1974)
Regular classrooms and 14th Amendment Upwardly mobile Underrepresented politically
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Older Americans
Age Discrimination Act of 1975 Age Discrimination in Employment
Act of 1967 Mandatory retirement ages are not
OK In most cases
Unlike previous groups we discussed, age discrimination not prohibited by U.S. Constitution
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Disabled Americans
Americans with Disabilities Act in 1990
Access Not a constitutionally protected
group Stores and delivery?
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Gays and Lesbians
Romer v. Evans (1996) Had tried to eliminate protections for
homosexuals Military—don’t ask, don’t tell Vermont—civil unions Massachusetts—legal marriage California battle Most states ban it constitutionally
when offered the chance
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Equal Protection
Thanks to the 14th Amendment When are inequalities allowed?
Reasonable-basis test 21 and 18 year olds drinking Not suspect category
Intermediate scrutiny Gender Almost suspect category
Strict-scrutiny test Race and ethnicity Have to prove that it is necessary
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Equal Access
14th Amendment does not prohibit discrimination by private parties
Civil Rights Act of 1964 Equal access to restaurants, bars, hotels, theaters, gas
stations, etc. Civil Rights Act of 1968
Cannot refuse to sell or rent housing to someone based on race, religion, ethnicity, or gender
Voting Rights Act of 1965 White-only primaries, poll taxes (24th Amendment),
literacy test Renewed many times…2006 League of United Latin American Voters v. Perry (2006) Shaw v. Hunt (1996) Easley v. Cromartie (2001)
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Equality of Result?
De facto discrimination v. de jure discrimination
Affirmative Action At first, burden of proof was on women That changes in the 1960s Disproportionate granting of
opportunities to white males is a result of necessity
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Affirmative Action Cases
University of California Regents v. Bakke (1978) Quotas are not OK…but racial considerations
are Adarand v. Pena (1995)
Contract issues Gratz v. Bollinger (2003)
Undergraduate policy not OK because specific weight given to race (20/150 points)
Grutter v. Bollinger (2003) Law school policy is OK
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For Thursday…
Think about the differences between the Michigan cases…does it make sense? Is it fair?
How do civil rights and civil liberties overlap? Should the government prohibit racist language and hate speech or are these protected by the First Amendment?
How do the cases R.A.V. v. St. Paul and Wisconsin v. Mitchell distinguish the difference between an individual's intentions and actions?
What should the goal of equal rights be in our country? How can we get closer to achieving actual equality?