Equality Before The Law Treating Citizens Differently
In principle, civil rights are about equality— When government officials treat one citizen
the right of individuals to be treated fairly and differently from another, it must be justified.
equitably by government officials.
Most government actions that discriminate
This right is derived from the 14th are subject to the rational basis test.
Amendment's guarantee that all citizens are
For example, admission to college.
entitled to “the equal protection of the laws.”
Is the action a reasonable way to promote
a legitimate governmental interest?
Suspect Classifications Open Questions
Exceptions: Is disproportionate impact a form of
discrimination that requires remediation?
Distinctions based on gender are subject to
heightened scrutiny: is the action Are laws and actions designed to help
substantially related to accomplishing an minorities like affirmative action programs
important governmental goal? subject to the same level of scrutiny as those
that are designed to hurt minorities?
Distinctions based on race or ethnicity are
subject to strict scrutiny: does the action
accomplish a compelling governmental
interest in the least discriminatory way
possible?
Civil Rights for African Americans The End of Reconstruction
Immediately after the Civil War, national Support soon faded as Reconstruction became
politicians aggressively promoted the rights of unpopular in the north and former
newly freed slaves: Confederates regained power in the south.
Civil War Amendments (13th, 14th, 15th). 1876 Hayes/Tilden bargain ended
Reconstruction.
Freedmen's Bureau.
Supreme Court curtailed civil rights laws
Civil rights laws.
passed to enforce 14th and 15th Amendments.
The Redeemer Period: Jim Crow State Action & “Separate But Equal”
Southern states adopted Jim Crow laws to The Supreme Court's rulings in the late 1800s
strip blacks of voting and other rights: helped this process:
Literacy and The state action doctrine
understanding tests meant that “private”
organizations could
Lengthy residency
discriminate based on race
requirements
or otherwise deny citizens'
Poll taxes rights—enabled the white
primary and gave free rein
Grandfather clauses to KKK.
The “separate but equal” doctrine allowed
statesponsored segregation (Plessy v.
Ferguson, 1896).
Civil Rights in the Early 20th Century Civil Rights and Education
Blacks began to migrate away from the “cotton The NAACP also challenged the “separate but
belt” to the industrializing north; became an equal” educational system.
important voting bloc in northern cities.
Courts gradually whittled away the legal basis
The NAACP Legal Defense Fund began to for segregation in higher education.
challenge antiblack laws in the courts.
Brown v. Board of Education (1954)
Smith v. Allwright (1944) outlawed the overturned Plessy.
white primary.
However, in the face of “massive resistance”
Shelley v. Kraemer (1948) ended legal federal courts were not aggressive in enforcing
enforcement of residential segregation. desegregation until the late 1960s.
Civil Rights and Voting Rights Acts Modern Conflict Over Civil Rights
A decade of legal and political conflict Since 1960s, conflict over civil rights has
culminated in the passage of two landmark become more national in scope, leading to less
laws by Congress: political support for further efforts to promote
civil rights.
Civil Rights Act of 1964: banned
employment discrimination; required most Controversy around busing.
businesses serving the public to be
Debate over the merits of
integrated; cut off federal funding to states
affirmative action programs
that discriminated in administering federal
and other efforts to support minorities.
programs.
Public opposition has led to new policies
Voting Rights Act of 1965: required
designed to limit affirmative action.
preclearance of changes in election
practices, mostly in the South; empowered Increased emphasis on the difference
federal officials to register voters; between de facto and de jure segregation.
abolished literacy tests and poll taxes.
Recent Developments Civil Rights for Hispanics
In Fisher v. University of Texas (2013), Fastestgrowing minority
Supreme Court limited consideration of race group.
in college admissions.
Diverse national origins.
Preclearance provisions of the Voting Rights
Efforts to secure rights for
Act of 1965 were suspended by the Supreme
Hispanics have tended to
Court in 2013 in Shelby County v. Holder,
focus more on economic and
until or unless Congress revises coverage
social equality:
formula.
Cesar Chávez, LULAC, MALDEF.
1972 amendments to Voting Rights Act
expanded preclearance to southwestern
states; included requirements for translated
ballots.
Concerns about immigration and immigrants'
rights widely seen as a “Hispanic issue.”
Civil Rights for Asian Americans Civil Rights of Native Americans
Like Hispanics, not a monolithic group, in Complex relationship dating back to the
terms of origins or politics. colonial era; historically seen as separate
nations.
Historically subject to
government discrimination: U.S. government regularly broke treaties with
tribes; pushed “removal” to western
Chinese Exclusion Act;
territories.
Immigration Act of 1924.
Members of various tribes gained U.S.
Internment of JapaneseAmericans during
citizenship over time; in 1924, all Native
World War II.
Americans became U.S. citizens by law.
Increased political visibility in recent decades:
Economic empowerment since 1980s has
JapaneseAmericans long prominent in rested on growth of tribal gaming.
Hawaiian politics.
Current governors: Bobby Jindal (La.),
Nikki Haley (S.C.).
Womens' Rights Rights of Gays and Lesbians
19th Amendment (1920) Public support for equal rights for gays and
guaranteed women the right to lesbians has increased over time.
vote.
Increasing number of openly gay and lesbian
Participation in the labor force political figures.
during World War II changed
Gays and lesbians have been able to serve
expectations about gender roles.
openly in the Armed Forces since the repeal of
“Poison pill” amendment to Civil Rights Act of the “don't ask, don't tell” policy in September
1964 included gender discrimination. 2011.
While the Equal Rights Amendment was
not ratified, much of its intended effect has
been “constitutionalized” by the courts.
Controversies remain, including equal pay.
SameSex Marriage SameSex Marriage
1996 Defense of Marriage Act Part of the Defense of Marriage Act was
forbade federal recognition of struck down as unconstitutional in United
samesex marriages. States v. Windsor (2013).
Some states recognized same Supreme Court ruled against 2008 California
sex marriages; some others referendum ending recognition of new same
recognized civil unions that sex marriages in Hollingsworth v. Perry
are mostly equivalent. (2013).
Other states, including Georgia, adopted state Supreme Court ruled that samesex marriage
constitutional amendments against samesex is a constitutional right in Obergefell v.
marriage. Hodges (2015), striking down state laws and
constitutional provisions to the contrary.
Rights of the Disabled
Since the 1960s, federal laws
and court decisions have
expanded the rights of those
with physical and mental
disabilities.
Americans With Disabilities Act of 1990
(ADA) gave broad rights to disabled
Americans for “reasonable accommodations”
in employment and education, at business or
taxpayer expense.
Rights for the disabled tend to be popular—
but much more expensive than rights for other
groups.