Equal Rights: Struggling Toward Fairness

1. Equal Rights: Struggling Toward Fairness Chapter 5

2. Martin Luther King, Jr. I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” MLK was the youngest person to ever win a Nobel Peace Prize

3. Civil Liberties vs. Civil Rights • Civil rights focus on groups • Civil liberties focus on individuals

4. The Struggle for Equality • Disadvantaged Americans have gained their rights through struggle against entrenched interests • African Americans • Reconstruction in the South was followed by a lengthy period of racial segregation • The removal of federal troops from the South in 1877 was followed by rapid legal discrimination against blacks • Plessy v. Ferguson (1896) • Separate but equal was acceptable • Early 20th Century- • NAACP made gains for African Americans through legal actions • Brown v. Board of Education of Topeka, Kansas (1954) • Separate but equal was NOT acceptable • Racial segregation in schools violated the equal protection clause of the 14th Amendment

5. Equality through Law • The Fourteenth Amendment: equal protection • Forbids states from denying equal protection • Applies to government, not private individuals • Segregation in the schools • Brown v. Board of Education of Topeka—banned forced segregation in schools • Little change to segregation 15 years later • Supreme Court encouraged busing as solution to segregation; highly controversial, mixed results

6. Segregation Rates in Public Schools

7. Equality through Law • The Fourteenth Amendment: equal protection • Strict-scrutiny test • Suspect category—assumed unconstitutional in the absence of an overwhelming justification • Applies to race, ethnicity, etc. • Intermediate category • Almost suspect —assumed unconstitutional unless the law serves a clearly compelling and justified purpose; applies to gender • Reasonable-basis test • Not suspect category—assumed constitutional unless no sound rationale for the law can be provided; applies to age, income, etc.

9. Equality through Law • The Civil Rights Act of 1964 • Aimed at eliminating discrimination by private employment practices and their operation of public accommodations • Public accommodations cannot refuse to serve customers based on race, color, religion, sex, or national origin • Hotels, restaurants, theaters, etc. • Most employers cannot refuse to consider applicants based on race, color, religion, sex, or national origin • Applies to hiring, promotion, and wages • Small businesses and church-related schools have exceptions

10. Equality through Law • The Civil Rights Act of 1964 • The black civil rights movement • Impetus behind Civil Rights Act of 1964 • Busing boycott led by Dr. Martin Luther King Jr. • March on Washington for Jobs and Freedom • Strong resistance to Civil Rights Act, but ultimately successful

11. Equality through Law • The Civil Rights Act of 1964 • The movement for women’s rights • In 1789 women could not: • Vote • Hold office • Serve on juries • Own & dispense property without husband’s consent • Seneca Falls-1st women’s rights convention in 1848 • Movement originally aligned with the abolition movement • Women acquire the right to vote in 1920 with Nineteenth Amendment • The Equal Rights Amendment: passed Congress but failed ratification by states

12. Equality through Law • The Civil Rights Act of 1964 • Hispanic Americans and the farm workers’ strikes • Strikes in 1960s and 70s, largely for migrant workers’ rights; most success in California • Growing Political Power- Election victories • Native Americans and their long-delayed rights • Granted citizenship in 1924 • Protests in 1970s; greater control over own affairs • 1968 Indian Bill of Rights • Over 1 million today • Lower life expectancies than national avg. • Less than ½ as likely to attend college as other Americans • Recent lawsuits to reclaim their ancestral lands

13. Equality through Law • The Civil Rights Act of 1964 • Asian Americans and immigration • Asians were denied entry into the U.S. for a long period • Discrimination did not ease until the 1960’s • Notable educational advancements • Upwardly mobile group but are under represented in top positions in society

14. Equality through Law • The Voting Rights Act of 1965 • Barring of whites-only primaries, 1940s • Twenty-fourth Amendment prohibited poll taxes, 1960s • Voting Rights Act of 1965 allowed federal agents to oversee voter registration • States prevented from creating election districts that deliberately dilute the minority vote, or to give it control

15. Equality through Law • The Civil Rights Act of 1968 • Housing • Prohibition of redlining

16. What’s Your Opinion? • Should private discrimination be allowed? • Should private country clubs and organizations be allowed to discriminate based on: • Religion, race, color, ethnic background? • Gender, age, income? • Physical characteristics, sexual preference, lifestyles?

17. Equality through Law • Affirmative action • Focus on “equality of result” • De jure discrimination • Specific law—discrimination • Addressed by Brown v. Board • De facto discrimination • Social, economic, cultural biases—discrimination • Addressed by “equality of result” plans i.e. affirmative action & school busing • Since height of busing era, the trend in public schools has been back towards greater de facto segregation

18. Equality through Law • Affirmative action • Arose when it became apparent that disadvantaged Americans would not attain equal employment opportunities through individual lawsuits • Seeks full and equal opportunities in education, employment, etc. for all • Controversy over ends and means • Viewed as giving preferential treatment rather than ensuring equal treatment • Affirmative action in law • University of California Regents v. Bakke (1978) • Upheld the principle of affirmative action; struck strict down quotas • SCOTUS in recent years has narrowed the application of A. Action • Adarandv. Pena (1995), Gratz v. Bollinger (2003)

19. What’s Your Opinion? • Which position on affirmative action programs comes closer to your own point of view? • Keep them without rigid quotas? • Phase them out? • Don’t know or have an opinion?

20. The Continuing Struggle for Equality • African Americans • Aftermath of the civil rights movement • Continuing high disparity in income • Discrepancies in convictions and sentencing • High rate of dissolution of black families • Movement into political office • White Flight • Today, the majority of African Americans in the nation live in neighborhoods where whites are in the minority

21. Family Structure, by Race and Ethnicity

22. The Continuing Struggle for Equality • Women • Electoral and political successes • Women have made significant gains in obtaining government positions • Geraldine Ferraro- 1st women on a national ticket of a major political party in 1984 • Sandra Day O’Connor- appointed by Reagan as the 1st female SCOTUS justice • HOWEVER: The U.S. Congress has a lower % of women than most northern European national legislatures • Job-related issues • Lack of job equality • Family leave • Gender pay equity- about 80% • Comparable Worth- equal pay for work that requires similar demands, responsibilities, and levels of education and training • Sexual harassment- Anita Hill • “Feminization of poverty”

23. Percentage of Families Living in Poverty, by Family Composition and Race/Ethnicity

24. The Continuing Struggle for Equality • Native Americans • Today number more than 2,000,000 • Were not given U.S. citizenship status en masse until 20th Century • Have far higher infant mortality rate than the national average • Less than half as likely to finish college as compared to other Americans • In recent years have filed suit to reclaim ancestral lands • Hispanic Americans • Immigration and legal residence issues • Fastest growing minority; electoral success

25. The Continuing Struggle for Equality • Asian Americans • About 12 million Asian Americans • Emphasis on academic achievement in Asian American communities • Upwardly mobile group

26. The Continuing Struggle for Equality • Gays and lesbians • Legal victories: Romer v. Evans, Lawrence v. Texas • Legal setbacks: Boy Scouts exclusion policy upheld; military policy • Same-sex marriage legal in some states, but federal Defense of Marriage Act allows states to deny marital rights granted by other states • Windsor v. U.S. (2013) DOMA ruled unconstitutional

27. The Continuing Struggle for Equality • Other disadvantaged groups • Older Americans • Age Discrimination Act and Age Discrimination in Employment Act • Disabled Americans • Americans with Disabilities Act

28. Opinions on Same-Sex Marriage, by Age

29. Discrimination: Surface Differences, Deep Divisions • America’s high ideals often clash with its history • Frequent tendency or desire to avoid retelling the negative aspects of American history

30. Telling the American Story to Children