Topics in civil rights:
- equal protection clause
Amendment XIV: nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
As we have said, this becomes the basis for the incorporation of civil liberties and civil rights to all people in all jurisdictions throughout the United States. This is why the government cannot discriminate. Or can it??
- basis for acceptable discrimination
The courts have determined that there are acceptable times when the government can make a reasonable distinction between people. Therefore, the government can discriminate. However, if the government is going to discriminate, the Court will review the discrimination using one of three tests.
- Rational Basis Test
Are reasonable methods used to accomplish a legitimate goal of government?
( Example: age limits on driving)
- Intermediate Scrutiny Test
Same question but often with cases involving gender discrimination
( US v Virginia ) ( Example: selective service )
- Strict Scrutiny Test
Same question but: 1) a fundamental right is being restricted and 2) involves race/origin
( Korematsu v US ) ( Loving v Virginia )
- segregation (de facto & de jure)
Segregation was the law in many states throughout the south from the post-Reconstruction era through the mid 20th Century. These statutes were referred to as Jim Crow laws and constitute what we call segregation de jure (segregation by way of law). These laws were upheld, even by the courts, until the 1950's. While segregation de jure started to be repealed by way of Court rulings and Congressional acts of the 50's and 60's, certain economic and social facts remained and left us with segregation de facto (segregation as a matter of fact).
- Civil Rights Act of 1964
The most sweeping legislation that addressed the issue of civil rights in the United States. The major provisions of the act were as follows (laid out on p.178 of the text) :
1) outlawed arbitrary discrimination in voter registration
2) barred discrimination in public accommodations whose operations affect interstate commerce
3) authorized federal govt to sue to desegregate public schools and facilities
4) expanded power of Civil Rights Commission and extended its life
5) provided for withholding of federal funds from programs administered in discriminatory way
6) established right to equality of opportunity in employment
Title VII of the Civil Rights Act became cornerstone of employment discrimination law.
- Plessy & Brown
Plessy v Ferguson - established the doctrine of 'separate but equal' as precedent
Brown v Board of Education - determined that 'separate but equal' was inherently not equal
- extending equal protection
To women:
Equal Pay Act of 1963
Title IX of the Education Amendments of 1972
Meritor Savings v Vinson
To Hispanics:
Hernandez v Texas
Voting Rights Act of 1975
To the disabled:
Americans with Disabilities Act of 1990
To gays/lesbians:
reversal of 'Don't Ask, Don't Tell'
US v Windsor
- affirmative action
What is affirmative action?
Policies whereby institutions and employers provide opportunities for members of historically underrepresented groups
What is the government and Court opinion on affirmative action?
President Johnson's Executive Order #11246 (1965)
Regents of the University of California v Bakke
Johnson v Transportation Agency
Gratz v Bollinger
Fisher v University of Texas
