Chapter 19 Civil Rights. Civil rights issue Group is denied access to facilities, opportunities, or services available to other groups, usually along

Chapter 19

Civil Rights

Civil rights issueCivil rights issue

Group is denied access to facilities, Group is denied access to facilities, opportunities, or services available to other opportunities, or services available to other groups, usually along ethnic or racial lines groups, usually along ethnic or racial lines

Issue is whether differences in treatment Issue is whether differences in treatment are "reasonable" are "reasonable" Some differences are: progressive taxes Some differences are: progressive taxes Some are not: classification by race subject to Some are not: classification by race subject to

"strict scrutiny""strict scrutiny"

THEME ACivil Rights - Clients,

Interest - Group Or Majoritarian Politics

Client Politics - When racial minorities are a cohesive group

Interest-Group - Southern white workers against blacks - "Just a pawn in their hand" - Bob Dillon

Majoritarian - We all benefit when our rights are protected

THEME BCivil Rights and the Courts (Plessy vs Ferguson 1896); Brown v Topeka (1954)Equal Protection Clause of the 14th Amendment

Ambiguities in the Fourteenth Ambiguities in the Fourteenth Amendment Amendment

Broad interpretation: Constitution color-Broad interpretation: Constitution color-blind blind

Narrow interpretation: equal legal rights Narrow interpretation: equal legal rights Supreme court adopted narrow view in Supreme court adopted narrow view in

Plessy Plessy casecase

Phase I

1935 - 1950 - Make Separate facilities equal

"Separate but equal"Separate but equal""

NAACP campaign objectives in education NAACP campaign objectives in education through courts through courts Obviously unequal schools Obviously unequal schools Not so obviously unequal schools Not so obviously unequal schools Separate schools inherently unequalSeparate schools inherently unequal

Can separate schools be equal?Can separate schools be equal?

Step 1: obvious inequalities Step 1: obvious inequalities Lloyd Gaines Lloyd Gaines Ada Lois SipuelAda Lois Sipuel

Step 2: deciding that a separation creates Step 2: deciding that a separation creates inequality in less obvious cases inequality in less obvious cases Heman Sweatt Heman Sweatt George McLaurinGeorge McLaurin

Making separation inherently Making separation inherently unequal;unequal;

1950 strategy to go for integration 1950 strategy to go for integration Brown v. Board of Education Brown v. Board of Education (1954) (1954)

Implementation Implementation Class action suit Class action suit All deliberate speedAll deliberate speed

Collapse of resistance in the 1970sCollapse of resistance in the 1970s

Phase II - Overturn separate but equal doctrine - Brown vs Topeka (1954) De jure - By Law - Correct at all deliberate speed

The rationaleThe rationale

Detriment to pupils by Detriment to pupils by creating sense of inferiority creating sense of inferiority

Social science used because Social science used because intent of Fourteenth intent of Fourteenth Amendment unclear; needed Amendment unclear; needed unanimous decisionunanimous decision

Phase III

Overcome resistance in the South - Not until 1970 was the dual school system an thing of the past

Phase IVDe facto - In fact - achieve racial balance rather than simple nondiscriminationSwann v Charlotte-Mecklenburg (1971) - achieve balance through court ordered busing.

1968 rejection of "freedom of choice" plan settles 1968 rejection of "freedom of choice" plan settles matter; mixingmatter; mixing

Charlotte-Mecklenburg, Charlotte-Mecklenburg, 1971 1971 Proof of intent to discriminate Proof of intent to discriminate One-race school creates presumption of One-race school creates presumption of

intent intent Remedies can include quotas, busing, Remedies can include quotas, busing,

redrawn lines redrawn lines Every school not required to reflect racial Every school not required to reflect racial

composition of school systemcomposition of school system Busing remains controversial Busing remains controversial

Some presidents oppose but still implement Some presidents oppose but still implement it it

1992 decision allows busing to end if 1992 decision allows busing to end if segregation caused by shifting housing patternssegregation caused by shifting housing patterns

THEME C

Legislative Action on Civil RightsMobilization of opinion by

dramatic event to get on agenda Sit-ins and freedom rides Martin Luther King, Jr. From nonviolence to long, hot

summers

Opponents' defensive positionsOpponents' defensive positions

Senate Judiciary Committee Senate Judiciary Committee controlled by southern controlled by southern Democrats Democrats

House Rules Committee House Rules Committee controlled by Howard Smith controlled by Howard Smith

Senate filibuster threat Senate filibuster threat President Kennedy reluctantPresident Kennedy reluctant

Four developments broke deadlockFour developments broke deadlock

Change of public opinion Change of public opinion Violent white reactions of Violent white reactions of

segregationists became media segregationists became media focus focus

Kennedy assassination Kennedy assassination 1964 Democratic landslide1964 Democratic landslide

Mood of Congress shifted to pro-civil rightsMood of Congress shifted to pro-civil rights

Five bills pass, 1957-1968 Five bills pass, 1957-1968 1957, 1960, 1965: voting rights laws 1957, 1960, 1965: voting rights laws 1968: housing discrimination law1968: housing discrimination law

1964 civil rights bill: the high point--1964 civil rights bill: the high point--employment, public accommodations employment, public accommodations Broad in scope, strong enforcement mechanisms Broad in scope, strong enforcement mechanisms Johnson moves after Kennedy assassinated Johnson moves after Kennedy assassinated Discharge petition, cloture invokedDischarge petition, cloture invoked

Effects since 1964 Effects since 1964 Dramatic rise in black voting Dramatic rise in black voting

Racial Profiling-A major political issue, but Racial Profiling-A major political issue, but few firm factsfew firm facts

Stopping drivers for "driving while black" Stopping drivers for "driving while black" Condemned by Clinton, Bush, and Congress Condemned by Clinton, Bush, and Congress A complex issue, worthy of debate A complex issue, worthy of debate

Inherently discriminatory and always wrong? Inherently discriminatory and always wrong? Trends can exist and possibly provide useful cluesTrends can exist and possibly provide useful clues

Weighing costs and benefits Weighing costs and benefits Does profiling increase the ability of police to catch Does profiling increase the ability of police to catch

criminals? criminals? If so, by how much? If so, by how much? When is profiling justified (young, male, Middle When is profiling justified (young, male, Middle

Easterners involved in September 11 attacks)? Easterners involved in September 11 attacks)? What impact does profiling have on innocent people?What impact does profiling have on innocent people?

THEME DWomen and Equal Rights

Supreme Court said in 1971 than any law that classifies people on the basis of sex "must be reasonable, not arbitrary, and must rest on some ground of difference having a fair and substantial relation to the object of the legislation.

Roster v Goldberg (1981) Congress may draft men but not women without violating due process.

Roe vs Wade and later Webster and Casey decisions on abortion rights.

Equal Rights Amendment - proposed by Congress in 1972,

dead by 1982.

Women and equal rightsWomen and equal rights

Supreme Court's position altered after Supreme Court's position altered after the 1970s the 1970s

Somewhere between reasonableness and Somewhere between reasonableness and strict-scrutiny standard strict-scrutiny standard

Gender-based differences prohibited by Gender-based differences prohibited by courts courts

Age of adulthood Age of adulthood Drinking age Drinking age Arbitrary employee height-weight requirements Arbitrary employee height-weight requirements Mandatory pregnancy leaves Mandatory pregnancy leaves Little League exclusion Little League exclusion Jaycees exclusion Jaycees exclusion Unequal retirement benefitsUnequal retirement benefits

Gender-based differences allowed Gender-based differences allowed by courtsby courts

All-boy/all-girl schools All-boy/all-girl schools Widows' property tax exemption Widows' property tax exemption Delayed promotions in Navy Delayed promotions in Navy Statutory rapeStatutory rape

Reed v. Reed Reed v. Reed (1971):(1971):

Held that laws which treat men and Held that laws which treat men and women differently must be based on women differently must be based on an important government objective an important government objective and must be substantially related to and must be substantially related to achieving that goal. This was the achieving that goal. This was the first use of intermediate or first use of intermediate or heightened scrutiny applied to heightened scrutiny applied to gender classification.gender classification.

Sexual harassmentSexual harassment

Requesting sexual favors as condition for Requesting sexual favors as condition for employment employment "quid pro quo" rule "quid pro quo" rule Employer "strictly liable"Employer "strictly liable"

Hostile or intimidating work environment Hostile or intimidating work environment Employer not strictly liable Employer not strictly liable Employer can be at fault if "negligent"Employer can be at fault if "negligent"

Almost no federal laws governing it Almost no federal laws governing it Vague and inconsistent court and Vague and inconsistent court and

bureaucratic rules tell us what it isbureaucratic rules tell us what it is

Abortion Abortion

Until 1973 regulated by states Until 1973 regulated by states 1973: 1973: Roe v.WadeRoe v.Wade

Struck down Texas ban on abortion Struck down Texas ban on abortion Woman's freedom to choose protected by Fourteenth Woman's freedom to choose protected by Fourteenth

Amendment ("right to privacy") Amendment ("right to privacy") First trimester: no regulations First trimester: no regulations Second trimester: no ban but regulations to Second trimester: no ban but regulations to

protect health protect health Third trimester: abortion banThird trimester: abortion ban

Critics claim life begins at conception Critics claim life begins at conception Fetus entitled to equal protection Fetus entitled to equal protection Supporters say no one can say when life begins Supporters say no one can say when life begins Pro-life versus pro-choicePro-life versus pro-choice

Hyde Amendment (1976): no federal funds for Hyde Amendment (1976): no federal funds for abortion abortion

Gag order on abortion referrals imposed under Bush, Gag order on abortion referrals imposed under Bush, removed under Clintonremoved under Clinton

Abortion Abortion

1973-1989: Supreme Court withstood 1973-1989: Supreme Court withstood attacks on attacks on Roe v. WadeRoe v. Wade

1989: Court upheld Missouri law restricting 1989: Court upheld Missouri law restricting abortion abortion

Casey Casey decision lets decision lets Roe Roe stand but permits stand but permits more restrictions: twenty-four-hour wait, more restrictions: twenty-four-hour wait, parental consent, pamphletsparental consent, pamphlets

THEME E - Women and the Economy

1. Government Funded Day Care

2. Child Support Enforcement;

3. Pregnancy Leave

4. Comparable Worth

Affirmative Action:Affirmative Action:Yesterday and TodayYesterday and Today

Affirmative action can be defined as Affirmative action can be defined as a program that encourages the hiring a program that encourages the hiring and promotion of members of groups and promotion of members of groups that have been discriminated against that have been discriminated against in the past.in the past.

It is an effort to make up for past It is an effort to make up for past wrongs.wrongs.


Affirmative action programs have Affirmative action programs have attacked employment discrimination attacked employment discrimination with four methods:with four methods:

1. Active recruitment of women and 1. Active recruitment of women and minoritiesminorities

2. Elimination of prejudicial questions 2. Elimination of prejudicial questions on employment applicationson employment applications


3. Establishment of specific goals and 3. Establishment of specific goals and timetables for minority hiringtimetables for minority hiring

4. Validation of employment testing 4. Validation of employment testing proceduresprocedures

Affirmative action - EqualityAffirmative action - Equality

Equality of results Equality of results Racism and sexism overcome only by taking them Racism and sexism overcome only by taking them

into account in designing remedies into account in designing remedies Equal rights not enough; people need benefits Equal rights not enough; people need benefits Affirmative action should be used in hiringAffirmative action should be used in hiring

Equality of opportunities Equality of opportunities Reverse discrimination to use race or sex as Reverse discrimination to use race or sex as

preferential treatment preferential treatment Laws should be color-blind and sex neutral Laws should be color-blind and sex neutral Government should only eliminate barriersGovernment should only eliminate barriers

Targets or quotas?Targets or quotas?

Issue fought out in courts Issue fought out in courts No clear direction in Supreme Court decisions No clear direction in Supreme Court decisions Court is deeply divided; affected by conservative Court is deeply divided; affected by conservative

Reagan appointees Reagan appointees Law is complex and confusing Law is complex and confusing

Bakke: Bakke: numerical minority quotas not numerical minority quotas not permissible permissible

(1)Bakke (1978): numerical minority quotas not permissible, taking race into account was permissible.

2.Emerging standards for quotas and preference systems

a.Must be "compelling" justification

b.Must correct pattern of discrimination

Emerging standards for quotas Emerging standards for quotas and preference systemsand preference systems

Must be "compelling" justification Must be "compelling" justification Must correct pattern of Must correct pattern of

discrimination discrimination Must involve practices that Must involve practices that

discriminate discriminate Not likely to apply to who gets laid Not likely to apply to who gets laid

offoff

""Compensatory action" (helping Compensatory action" (helping minorities catch up) versus "preferential minorities catch up) versus "preferential

treatment" (giving minorities treatment" (giving minorities preference, applying quotas)preference, applying quotas)

Public supports former but not latter Public supports former but not latter In line with American political culture In line with American political culture

Support for individualism Support for individualism Support for needySupport for needy


Some people believe that it is time to Some people believe that it is time to rethink affirmative action.rethink affirmative action.

The debate concerns the merits of a The debate concerns the merits of a program that grants preferential program that grants preferential treatment to specific groups.treatment to specific groups.

The debate will, no doubt, continue The debate will, no doubt, continue over the next decades.over the next decades.

University of Michigan (2003)University of Michigan (2003)

Undergraduate Plan – Not Undergraduate Plan – Not Constitutional – Based on a strict Constitutional – Based on a strict numerical system defined as a quotanumerical system defined as a quota

Law School Plan – Constitutional - Law School Plan – Constitutional - Individually Based Preference System Individually Based Preference System Considering a Number of FactorsConsidering a Number of Factors

Gays and the Supreme CourtGays and the Supreme Court

State laws could ban homosexual State laws could ban homosexual activities - But Not in Privateactivities - But Not in Private

Court struck down amendment to Court struck down amendment to state constitution prohibiting cities state constitution prohibiting cities from adopting an ordinance banning from adopting an ordinance banning discrimination against gaysdiscrimination against gays

Lawrence and Garner v. TexasLawrence and Garner v. Texas (2003):(2003):

Texas statute forbidding consenting Texas statute forbidding consenting adults from engaging in homosexual adults from engaging in homosexual sex in the privacy of their own home sex in the privacy of their own home held unconstitutional under the held unconstitutional under the Fourteenth Amendment’s Due Fourteenth Amendment’s Due Process ClauseProcess Clause

Figure 15.3States Whose Hate-Crime Laws Include Sexual Orientation

Source: From USA Today, May 18, 2000. Copyright 2000, USA Today. Reprinted with permission.

WA

ORID

WY

NV

AZ

UT CO

NM

CA

MT

DisabilityDisability

Mentally or physically challenged Mentally or physically challenged people find it difficult to enter the job people find it difficult to enter the job market even though their right to do market even though their right to do so is protected by the Americans so is protected by the Americans with Disabilities Act of 1991.with Disabilities Act of 1991.


Discrimination against the mentally Discrimination against the mentally or physically challenged takes many or physically challenged takes many forms, but there are several that are forms, but there are several that are common:common:

Asking about an impairmentAsking about an impairment Requiring a candidate to have a Requiring a candidate to have a

physical examphysical exam


Reducing health insurance for an Reducing health insurance for an employee with a particular infirmityemployee with a particular infirmity

Firing based on the development of a Firing based on the development of a disabilitydisability

Refusing to serve a customer who has Refusing to serve a customer who has a disabilitya disability

Self - Test

Documents

Chapter 19 Civil Rights. Civil rights issue Group is denied access to facilities, opportunities, or services available to other groups, usually along