Civil Rights in the US

Civil rights are rights guaranteed to all American citizens by law, ensuring social freedoms and equal treatment.
These rights are not exclusive to minority groups; all Americans possess them.
Civil rights are often understood through the lens of groups who had to fight for recognition by the U.S. government.

Formal, legal inequalities have historically conflicted with America's value of equality.
Full citizenship includes voting rights, equal treatment under the law, and the right to own property, but access to these benefits has been limited based on race, sex, age, wealth, and national origin.
The Declaration of Independence and the Constitution, while liberty documents, were also aspirational, embodying ideals that have been pursued gradually and after considerable political struggles.

Equal rights is a complex legal and policy issue.
Treating everyone the same does not always ensure equality; sometimes it can be unfair like literacy tests and poll taxes
Real differences, such as biological distinctions, need to be addressed for fairness.
Past legally mandated discrimination needs to be considered in policy.

Discrimination is the use of unreasonable and unjust criteria for exclusion.
It involves unfair practices that contradict American values of equality and constitutional rights.
The focus is on formal, legal discrimination, as opposed to personal preferences.
Formal, legal discrimination against blacks and women was challenged by abolitionist and suffrage movements but persisted.

The subjugation of African Americans and women was political, economic, and social.
They faced limitations in voting, property ownership, employment, and public opportunities compared to white men.
White women had more legal rights than black men or women.
Civil war amendments:
- Thirteenth Amendment: abolished slavery.
- Fourteenth Amendment: guaranteed equal protection under the law.
- Fifteenth Amendment: ensured the right to vote regardless of race.
The South resisted these amendments, leading to continued racial subjugation.

The Supreme Court initially narrowly interpreted the 14th Amendment.
Plessy v. Ferguson (1896) upheld "separate but equal," fostering segregation.
Despite constitutional amendments, discriminatory practices persisted in American policy and law.

Attitudes on racial discrimination began to shift slowly.
Harry Truman's 1946 President’s Commission on Civil Rights highlighted racial discrimination issues.
The NAACP's Legal Defense and Education Fund filed lawsuits to enact constitutional change, leading to Brown v. Board of Education.

A unanimous Supreme Court decision.
Overturned Plessy's "separate but equal" doctrine, deeming segregation in schools inherently unequal.
Segregation was determined to have detrimental effects on colored children.

"Massive resistance" among white southerners attempted to block desegregation.
Discrimination persisted, requiring demonstrations/protests for support beyond court orders.
Government discrimination based on race must pass strict scrutiny: compelling state interest and narrowly tailored.

Civil Rights Act (1964): Public accommodations could no longer be inferior or segregated. The Act created the Equal Employment Opportunity Commission and allowed for the Justice Department to enforce fair-employment practices.
Voting Rights Act (1965): Interference with the right to vote based on race became a federal issue. Bans literacy tests and Pre-clearance requirements for specific states and regions.

Unlike race, biological differences complicate discussions on gender discrimination.
The Equal Rights Amendment (ERA) was mostly defeated due to fears it would disadvantage housewives; it is currently 3 states shy of ratification.
Key court cases:
- Franklin v. Gwinnett County Public Schools (1992): Allowed suits under Title IX for sexual harassment.
- United States v. Virginia (1996): Struck down VMI's male-only policy.
- Meritor Savings Bank v. Vinson (1986): Addressed work discrimination based on sexual assault.

Title VII of the 1964 Civil Rights Act prohibits gender discrimination.
Women have made strides in education and Congress representation but still face wage gaps and underrepresentation in leadership roles.

Mendez v. Westminster (1947): Ruled segregation of Mexican and Mexican American students unconstitutional.
Bilingual education: minority rights are violated if students are taught with other English-speaking students in the same classroom.
Immigration issues revolve around debates about identity and rights.

Historical discrimination includes:
- 1870: Congress declares Chinese ineligible for citizenship.
- 1882: Chinese Exclusion Act.
- 1942–1945: Japanese Internment, with reparations later authorized.

Tribe members are both American citizens and members of sovereign tribal nations.
They may reside on reservations with different laws than states.
Proof of Native American ancestry is often required for programs.

Disabled Americans:
- 1973 Rehabilitation Act: outlawed discrimination based on disabilities.
- Americans with Disabilities Act of 1990 (ADA): guarantees equal employment; access to public businesses; and prohibits discrimination in employment, housing, and health care.
Age Discrimination in Employment Act (ADEA):
- Protects people age 40 or older from age discrimination.

Affirmative action seeks to redress past injustices by providing access to education and employment opportunities for specified groups.
President Lyndon Johnson initiated minority employment policies.
College admissions offices are not required to consider race/ethnicity.
Race-based admission is illegal.

Key court cases:
- Regents of the University of California v. Bakke (1978): Upheld affirmative action but rejected quotas.
- Grutter v. Bollinger (2003): Applied strict scrutiny, finding the law school’s admissions process narrowly tailored to its interest in diversity.
- Fisher v. Texas (2013): Case not resolved.