chapter 9 (civil rights & equality) notes
9.1
Civil Rights & Equality
Objective: Describe the struggle to secure civil rights for people with disabilities.
Disabilities
civil rights: protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law
different from civil liberties
protections from the government
Refusing to Be Called a “Fire Hazard”
public buildings and facilities did not always accommodate individuals with physical disabilities
a series of protests (rallies and sit-ins) legislation was passed; 1st federal law to prohibit discrimination against americans with disabilities
section 504 of rehabilitation act of 1973
americans with disabilities act (1990)
no discrimination in employment, buying goods and services, participating in government programs
judith heumann: polio survivor; has spent her life advocating for disability rights
1950s, she was denied access to public elementary school due to her disability, leading to her being considered a "fire hazard."
despite these challenges, heumann earned two degrees, including a master's from ucc berkeley, and successfully sued to become a teacher with the nyc schools
1977: she helped organize protests and sit-ins across the nation to demand the enforcement of section 504 of the rehabilitation act of 1973
aka "504 sit-ins,"; involved people with disabilities taking control of federal buildings, ultimately leading to the endorsement of the regulations
heumann played a significant role in advocating for the americans with disabilities act (ADA) (signed into law in 1990 by pres george bush)
ADA prohibits discrimination against people with disabilities in various areas, including employment, public transportation, and access to public services
act also required states to modify public buildings for disabled access, despite not providing funding for these modifications
disability rights advocates drew parallels between their struggles and those of the civil rights movement in the 1960s, leading to significant progress in disability rights
9.2
Fight Against Segregation
Objective: Examine the fight against segregation, including the Supreme Court’s decision in Brown v. Board of Education.
Civil Rights Amendments & Backlash
before civil war: african americans' rights were severely restricted
1857 dred scott v. sandford supreme court ruling denied citizenship to former slaves and their descendants, considering them an "inferior class of beings.”
this decision intensified the slavery debate and polarized public opinion
1860: s. carolina seceded from the union, leading to the american civil war.
war resulted in over 600,000 deaths and only ended when union forces crippled the confederacy's ability to wage war
president lincoln's emancipation proclamation took effect on jan. 1, 1863, declaring slaves in rebel states "forever free."
but it took union troops and the efforts of the slaves themselves to make this proclamation a reality
southern states passed black codes to restore social order
meant to restrict social rights and economic opportunity of freedmen
amendments were passed to protect civil rights of African Americans
13th amendment: passed in 1865 to prohibit slavery
14th amendment: passed in 1868 to grant citizenship to persons born in the u.s. and restricted states from denying due process of law and equal
protection of the laws
equal protection clause: clause of the 14th amend. used to protect the civil rights of Americans from discrimination based on race, national origin, religion, gender, and other characteristics
15th amendment: an amendment to the constitution passed in 1870 granting voting rights to african american men
southern states opposed the amendments protecting the rights of african americans
jim crow laws enforced racial segregation in various aspects of daily life (ex. transportation, entertainment, business, and education)
poll taxes and literacy tests were used to disenfranchise black men
violence and threats of violence were used against those trying to exercise their rights, including white individuals who supported them
schools were burned, and white teachers aiding black students were beaten and ostracized
kkk terrorized and murdered black politicians and civic leaders throughout the south
Plessy v. Ferguson (Separate but Equal)
plessy v. ferguson (1896): supreme court upheld the constitutionality of jim crow laws; homer plessy was 7/8’s caucasian and arrested and fined for violating a state law requiring separate railroad cars for whites and blacks
court ruled the law did not violate the 14th amend.
facilities could be separate as long as they were equal
separate but equal: the doctrine that racial segregation was constitutional so long as the facilities for blacks and whites were equal
remained constitutional for next 60 years
Thurgood Marshall & NAACP
marshall and the NAACP's legal defense fund launched an attack on legal segregation
precedent set by plessy v. ferguson (1896) stood as a legal barrier to ending segregation
NAACP aimed to challenge the legality of segregation in public schools, arguing that it was unconstitutional
they faced personal danger, threats, and violence in their legal battle against segregation
NAACP's strategy centered on winning in the supreme court, despite the judiciary being considered the weakest branch of government, constitutionally lacking the power to enforce its decisions
legal segregation: the separation by law of individuals based on their race.
Brown v. BOE
brown v. boe (1955): oliver brown tried to enroll one of his daughters into an all white elementary school because it was closer to the house
denied, he enlisted help of the local NAACP, lost in state court,
appealed to SCOTUS
• research “doll study” identified young black children
preferred the white dolls over the brown dolls
• chief justice earl warren: “separation of the races does cause
harm”
“separate but equal” overturned in public education
unanimous court overturned precedent
Southern Resistance
1955: supreme court issued brown v. boe of topeka II, urging compliance with "all deliberate speed" but facing resistance in some southern districts
compliance with brown I was generally slow, with 98 percent of African American children in the south still attending segregated schools by 1964
de jure segregation, written into law, was challenged by activists and citizens and largely eliminated by the late 1960s
attention then turned to de facto segregation, which was based on private choices and lingering social consequences of past legal segregation
de jure segregation: the separation of individuals based on their characteristics, such as race, intentionally and by law
de facto segregation: a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns
swann v. charlotte-mecklenburg boe (1971): ruled that busing was constitutionally permissible to desegregate schools, but it faced political opposition
milliken v. bradley (1974): dealt with segregation caused by residential housing patterns and determined that suburban districts didn't have to participate in desegregation plans
Affirmative Action
affirmative action: a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender
opponents argue it amounts to "reverse discrimination," while proponents see it as necessary to counter discrimination and adversity
university of california v. bakke (1978): challenged quotas, and the supreme court ruled in favor of bakke but upheld the goal of increasing minority enrollment without strict quotas
bakke sued UC berkley after being denied admission to medical
school
equal protection violated because 16 minority seats were allocated for candidates he was more qualified than
court has issued various rulings on affirmative action
gratz v. bollinger (2003): deemed a points system unconstitutional but allowed the use of race in admissions
grutter v. bollinger (2003): affirmed the use of race as a factor if there's a "compelling interest."
fisher v. university of texas at austin (2016): court upheld the consideration of race in college admissions
9.3
Civil Rights Movements
Objective: Describe the civil rights movement’s fight for racial equality.
Introduction
despire supreme court decisions, segregation continued in the south for a decade
pres. eisenhower sent troops to little rock, Arkansas, in 1957 to enforce school segregation against the state governor's resistance
senator lyndon johnson sponsored the civil rights act of 1957 to support black voting rights
citizens launched a social movement to end segregation, including boycotts and acts of civil disobedience
civil disobedience: the intentional refusal to obey a law to call attention to its injustice
montgomery bus boycott (1955): inspired by claudette colvin's arrest for refusing to give up her bus seat; played a significant role in ending racial segregation on buses
social movement: large groups of citizens organizing for political change
Montgomery Bus Boycott
• December 1955, Rosa Parks was arrested for not giving up her seat on a segregated bus
martin luther king jr. was selected to lead a boycott against montgomery bus system until they desegregated
community leaders, led by jo ann robinson, organized a boycott in response to rosa parks's arrest.
boycott lasted more than a year
courts declared bus law unconstitutional
Martin Luther King Jr.
martin luther king jr. and ralph david abernathy, founders of SCLC, protested in birmingham, facing constant threats and arrests
King, with a doctorate in theology from Boston University, led SCLC and experienced threats, including a 1956 home bombing.
1963: king marched in segregated birmingham, leading to his arrest and solitary confinement with others
eight white clergy members published a letter urging them to stop protesting
king responded with the "letter from birmingham jail," defending civil rights based on natural law and challenging unjust laws
he criticized white moderates who prioritized "order" over justice
9.4
Women’s Rights
Objective: Examine the struggle by the women’s rights movement for gender equality.
19th Amendment
19th amendment: a 1920 constitutional amendment granting women the right to vote
the amendment prohibited voting denial or abridgment based on sex, empowering congress for enforcement.
eomen's rights activists primarily pursued legislative change
wyoming territory granted women the right to vote in 1869, followed by 15 states by 1918
women still encountered discrimination despite gaining the right to vote
Beyond the Vote
2nd wave of the women's rights movement emerged in the 1960s
focus was on legislative changes addressing workplace and home inequalities, violence, and harassment
betty friedan: author of "the Ffminine mystique,"; played a prominent role in challenging traditional gender roles
first president of the national organization for women (NOW), advocating for legislative and legal change
civil rights act of 1964: specifically Title VII, played a crucial role by prohibiting employment discrimination based on various factors, including sex
women's rights activists achieved several key legislations in the 1960s and 1970s, aimed at ensuring equal treatment in workplaces and schools
efforts also focused on enforcing laws and protecting those who reported discrimination
Title IX
title IX of the higher education amendments (1972): legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation in sports programs
title IX has notably influenced female participation in sports, with significant growth in girls' high school sports from fewer than 300,000 in 1974 to over 3.1 million in 2012
maintaining awareness and advocating for Title IX is crucial for future generations to continue benefiting from it and ensuring its longevity
Supreme Court Decisions on Gender Discrimination & Sexual Harassment
court uses different standards to determine the constitutionality of laws based on characteristics
strict scrutiny standard applies to race discrimination cases, requiring a "compelling interest" for unequal treatment
rational-basis standard is less strict, requiring that differential treatment be reasonable and not arbitrary
gender discrimination cases fall under intermediate scrutiny, a higher standard than age or disability cases
court generally deems most forms of gender-based differential treatment unconstitutional unless it serves important governmental objectives
title VII of the civil rights act doesn't mention sexual harassment but has been applied to cases of sexual or gender-based harassment
two types of harassment identified:
quid pro quo: employers demand sexual favors for advancement
hostile working environments that unreasonably interfere with employees' job performance
employers can be found liable for the actions of offending employees in quid pro quo cases, even if unaware, and in hostile working environment cases if they knew but took no action to stop the behavior
Civil Rights in America
native americans have long fought to preserve their traditions and identity, drawing on lessons from the civil rights movement
latino communities work to challenge discrimination through protest, organization, and mobilization, especially on immigration, education, and labor issues
groups advocating for gay, lesbian, transgender, and transsexual rights continue to assert their civil rights based on the Fourteenth Amendment's equal protection clause
concept of racial identity in the 21st century is complex, with multiracial americans carving out a space in discussions and policies on race and ethnicity
changes in census data show the growth of multiracial americans, making it the fastest-growing youth group in the country
21st century brings significant changes to american civil rights policies, laws, and perceptions, making it a complex and evolving struggle