Chapter 16

EQUALITY AND CIVIL RIGHTS

Learning Outcomes
16.1 Explain how the concepts of equality of opportunity and equality of outcome mirror the tension between freedom and equality. 16.2 Trace the Supreme Court rulings and state legislative efforts that prevented African Americans from achieving equal protection of the laws.

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Learning Outcomes
16.3 Identify the Supreme Court decisions that dismantled school segregation and explain the significance of each. 16.4 Describe the circumstances under which the 1964 Civil Rights Act was passed and its evolving interpretation in subsequent Supreme Court decisions. 16.5 Evaluate the effect of the civil rights movement on other minority groups struggles for equality.
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Learning Outcomes
16.6 Trace the evolution of womens legal rights beginning with laws based on protectionism and concluding with Supreme Court rulings prohibiting gender-based discrimination. 16.7 Compare and contrast the consequences that follow from policies aimed at equal opportunities versus those aimed at equal outcomes.

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Two Conceptions of Equality

Equality of Opportunity
Each person guaranteed same chance to succeed More Americans support this than equality of outcome

Equality of Outcome
Society must ensure people are equal, and government must design policies to redistribute wealth and status so that economic and social equality is actually achieved

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The Civil War Amendments

Thirteenth Amendment 1865

Prohibited slavery or involuntary servitude

Fourteenth Amendment 1868

Made freed slaves citizens Prohibited states from abridging privileges or depriving rights without due process Guarantees equality under law

Fifteenth Amendment 1870

Added political equality
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The Civil War Amendments

Congress and the Supreme Court: Lawmaking Versus Law Interpreting

Congress passed civil rights act in 1866 to counteract states black codes Supreme Court rulings weakened or overturned some provisions Court decisions gave states room to maneuver around civil rights laws

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The Civil War Amendments

The Roots of Racial Segregation

After Civil War, southern states passed Jim Crow laws to reinforce segregation Plessy v. Ferguson (1896) upheld state-imposed racial segregation
Established separate-but-equal doctrine Three years later, applied to schools

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Separate and Unequal

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The Dismantling of School Segregation

Pressure for Equality

In 1920s, separate-but-equal doctrine deeply ingrained In 1930s, a few Supreme Court cases offered hope for future changes
Plessy ruling - University of Missouri Law School had to admit black students Sweatt v. Painter - University of Texas Law School ordered to provide admission to black students
Court avoided reexamining separate-but-equal

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The Dismantling of School Segregation

and Pressure for Desegregation

1948, President Truman ordered desegregation of armed forces U.S. Department of Justice began submitting briefs in support of civil rights
Brown v. Board of Education - Supreme Court ruled state-imposed public school segregation violated the equal protection clause of the Fourteenth Amendment

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The Civil Rights Movement

NAACP concentrated efforts on school desegregation but made advancements in other areas as well
Late 1940s - Supreme Court decisions against:
Whites-only primaries Segregation on interstate bus routes

Civil rights movement

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The Civil Rights Movement

Civil Disobedience
Rosa Parks arrested and fined for not giving up seat
Montgomerys black community responded to Parks' arrest with a boycott of bus system Martin Luther King, Jr., urged blacks to continue boycott despite harassment Eventually federal court ruled segregated transportation systems unconstitutional Martin Luther King, Jr. advocated civil disobedience to bring racial issues to light

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The Civil Rights Movement

The Civil Rights Act of 1964

In 1963, Kennedy enforced the desegregation of the University of Alabama Martin Luther King I Have a Dream
March for Jobs and Freedom

Lyndon B. Johnson
Considered civil rights top legislative priority
Civil Rights Act of 1964 Elementary and Secondary Education Act 1965

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When Leaders Confer

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The Civil Rights Movement

The 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 can discriminate

Supreme Courts subsequent rulings limited scope of civil rights laws

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Civil Rights for Other Minorities

Native Americans
Government relations with native Indians in 18th & 19th centuries denied political and social rights Early 20th century policies promoted assimilation
Indians received citizenship in 1924

Frustration with U.S. policies led to militant action in 1969s and early 1970s In 1946, Indian claims commission established
1970s and 1980s tribes won monies and land

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Civil Rights for Other Minorities

Immigrant Groups
Millions of undocumented or illegal immigrants have come to U.S. 1965 new immigration law eliminated quotas By 2006, over 11 million illegal immigrants in the U.S. Arizona immigration law Latino immigration - now 16 percent of the population

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Civil Rights for Other Minorities

Americans with Disabilities

43 million Americans with disabilities gained protection with 1990 Americans with Disabilities Act (ADA)
Extends protections of Civil Rights Act of 1964 to many categories of disabilities

Definition of disability is difficult

Revision to ADA signed into law in 2008

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Civil Rights of Other Minorities

Homosexual Americans
1969 Stonewall riots - beginning of gay liberation movement
National Gay and Lesbian Task Force (NGLTF) lobbied for gays to serve in public employment

Same-sex marriage issue

Obama first president to publicly support Many states differ - 13 states prohibit same-sex marriage

Boy Scouts of America v. Dale

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Court Confronts California Clash

Proud to be Out
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Gender and Equal Rights: The Womens Movement

Protectionism
Womens movement: fight against protectionism Demand for womens rights began with abolition movement
Courts consistently upheld protectionist laws

Supreme Court 1991 ruling struck down companys fetal protection policy as discriminatory

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Gender and Equal Rights: The Womens Movement

Political Equality for Women:

Womens suffrage movement began in late 1800s
1878 - Susan B. Anthony convinced senator to introduce constitutional amendment supporting voting rights for women Nineteenth Amendment passed in 1920 Economic equality closely tied to social attitudes
Battle for equality in workplace continued

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Gender and Equal Rights: The Womens Movement

Prohibiting Sex-Based Discrimination

Equal Pay Act of 1963
Advanced pay equality but didnt overturn other state protectionist laws

Civil Rights Act of 1964 prohibited sexism

Helped to remove restrictions of protectionism

Title IX of the Education Amendments of 1972 Revenue Act of 1972 Title VII in 2007 tightened rules over pay discrimination
Lilly Ledbetter Fair Pay Act
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Gender and Equal Rights: The Womens Movement

Stereotypes Under Scrutiny

In early 1970s, Supreme Court began ruling against gender-based protectionism In 1976, Court established standard: gender-based distinctions justifiable only if they serve important government purpose
Bared juror exclusions based on sex United States v. Virginia

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Gender and Equal Rights: The Womens Movement

The Equal Rights Amendment

Courts hesitant to extend Fourteenth Amendment beyond issues of race 1923, National Womens Party originally introduced equal rights amendment (ERA) but it has never been ratified

Why did the ERA fail?

Proponents made national campaign; opponents, a state-based campaign Proponents exaggerated effects; opponents capitalized on fears of those effects
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Gender and Equal Rights: The Womens Movement

The Equal Rights Amendment (cont.)

Despite ERAs failure, ratification movement provided benefits for women
Spurred formation of National Organization for Women (NOW) and other organizations Contributed to womens participation in politics Generated important legislation affecting women

Some view Court decisions as ERA equivalent

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Affirmative Action: Equal Opportunity or Equal Outcome

Commitment of President Johnson led to affirmative action programs

Designed expand opportunities for women, minorities and people with disabilities Range of public and private programs to move beyond equality 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: Equal Opportunity or Equal Outcome

Reverse Discrimination
Regents of the University of California v. Bakke Groups opposed to affirmative action took other situations to court with mixed results
Gratz v. Bollinger university admissions policy violated equal protection clause Grutter v. Bollinger ruled race only one factor in admissions decisions Community 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 Action

The Politics of Affirmative Action

Overall, blacks favor affirmative action and whites do not Why is there persistence of equal outcome policies?
Majority of Americans consistently reject explicit race or gender preferences regardless of groups that benefit

Many Americans view affirmative action as violation of personal freedoms

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