Discrimination: Crash Course Government and Politics #31

Introduction to Equal Protection and Discrimination

• Exploring the significance of the Fourteenth Amendment in protecting various groups from discrimination.

• Misconceptions about the Fourteenth Amendment are addressed; it extends beyond racial and religious minorities to include a broader spectrum.

Discrete and Insular Minorities

• The Supreme Court recognizes the Fourteenth Amendment's focus on discrete and insular minorities, primarily ethnic groups.

Historical Context of Discrimination

oo- Notable past discrimination against ethnic groups, including Asians and Latinos.

Chinese Exclusion Act (1882)

• One of the first federal laws targeting immigrants, restricting immigration from China.

• Subsequent immigration quotas discriminated against Southern and Eastern Europeans, though less explicitly than the Chinese Exclusion Act.

Wong Kim Ark v. U.S.

• Established that citizenship is determined by birthright, affirming that American-born children of Chinese immigrants are citizens and protected under the Fourteenth Amendment.

Language and Discrimination

• Language may be a barrier for citizens not fluent in English, leading to discrimination, particularly in politics.

• Lau v. Nichols ruling requires educational institutions to provide language assistance to students with limited English proficiency.

Immigrants and Legal Protections

Legal vs. Illegal Immigrants

• Legal immigrants generally share rights with citizens, except the right to vote.

• Undocumented immigrants face decreased protections, yet they still have access to certain services.

Proposition 187 (California)

• Attempt to limit services for undocumented immigrants, partially struck down by courts.

Immigration Enforcement Effects

• Laws like the 1986 Immigration Reform and Control Act led employers to discriminate against all immigrants to avoid penalties.

Native American Rights

Unique Constitutional Status

• Native Americans are mentioned specifically in the Constitution as they predate it as a sovereign group.

• Despite gaining U.S. citizenship in 1924, their status remains complex with extra considerations within their territories.

Disabilities Act and Protections

Americans with Disabilities Act (1990)

• Analogous to the Civil Rights Act of 1964, this law prohibits discrimination based on disability.

• Acknowledges diverse nature of disabilities and their societal impact.

Sexual Orientation and Equal Protection

LGBT Rights and Civil Protections

• No federal civil rights laws specifically targeting LGBT discrimination; however, local initiatives exist.

• Judicial decisions (e.g., Romer v. Evans, Lawrence v. Texas, Obergefell v. Hodges) have expanded protections for LGBT individuals and same-sex marriage rights.

Conclusion

• The Fourteenth Amendment provides equal protection under the law for various minority groups (ethnic, disabled, and LGBT).

• These groups face historical discrimination and present challenges in political advocacy.

• Importance of continued advocacy and legal backing for civil rights.

Final Thoughts

• Legal frameworks and the judiciary play crucial roles in protecting marginalized populations, providing a path toward justice and equality.