Chapter 6: Civil Rights 

Objectives:

1. Explain how Supreme Court rulings and federal legislation have attempted to end racial discrimination in the United States

   1. The Supreme Court has played an important role in tackling racial discrimination and segregation through the landmark case Brown v. Board of Education, which overturned Plessy v. Ferguson, and ruled the “separate but equal” doctrine was a violation of the Fourteenth Amendment and therefore unconstitutional. This decision set off a wave of civil rights legislation which intended to desegregate schools and other public spaces. Congress also passed major civil rights laws including the Civil Rights Act of 1964, Voting Rights Act 1965 and Fair Housing Act 1968 which protected citizens from various forms of discrimination based on race or ethnicity. After Brown v. Board, the government further attempted to end racial discrimination by not only prohibiting segregation, but by enforcing integration in public facilities like schools. However many areas, especially in the South, tried to act as slowly as possible or even evaded the Court's decision.

2. Explain how Supreme Court rulings and federal legislation have attempted to advance women’s rights in the United States.

   1. Women’s rights in the United States have been advanced through many  Supreme Court rulings and federal legislation. One significant Supreme Court ruling was the case Griswold v. Connecticut, which ruled that married couples had a right to privacy when it came to birth control. This set an important precedent for future court decisions regarding women’s reproductive rights, such as Planned Parenthood v. Casey and Roe v. Wade, where the Court ruled that women have the right to abortion. The Nineteenth amendment is also a notable landmark of advancing women’s rights in the United States, which guarantees all women the right to vote. Before this amendment, some states did not allow women to vote.

3. Discuss the evolution of affirmative-action programs after the Supreme Court and Congress ended racial segregation.

   1. Affirmative action policies are designed to raise the number of members belonging to historically disenfranchised groups in schools, jobs, or other organizations. These initiatives seek to ensure that all members of a society, regardless of their race, gender or religion, can access the same resources and opportunities. However, it is now a controversial topic and there are two main viewpoints: equality of result and equality of opportunity. Equality of result, which is the viewpoint held mainly amongst civil rights and feminist organizations, expresses that it’s not enough to give people rights, but they should also be given additional benefits. This viewpoint thinks the Constitution should not be color blind, as the burdens of racism and sexism can be overcome by taking race or sex into account. The other viewpoint, equality of opportunity, expresses that it is wrong to give preferential treatment to one group over others, which constitutes as reverse discrimination.

4. Discuss how Court doctrine and public opinion on gay rights have changed in the twenty-first century.

   1. In the twenty-first century, court doctrine and public opinion on gay rights have shifted dramatically in favor of acceptance and equality. This can be seen through a number of Supreme Court cases that have declared laws restricting marriage to heterosexual couples unconstitutional, as well as legislation passed by state governments legalizing same-sex marriages, most notably the case Obergefell v. Hodges.  These changes not only reflect an evolving understanding of the Constitution, but also broad shifts in social norms. A while ago open gays were hard to come across in our country and the American Psychological Association classified homosexuality as a disorder, however as public norms changed there are many more openly gay people as well as more acceptance of gays. This is a great example as to how the Supreme Court sometimes reflects broad changes in social norms and attitudes.

5. Summarize how American political institutions and public opinion have expanded civil rights.

   1. American political institutions and public opinion have been instrumental in expanding civil rights over the years. For example, the US Supreme Court has played an important role in making sure everyone is treated fairly under the law by ruling on landmark cases such as Brown v Board of Education and Obergefell v Hodges which made segregated schools illegal and legalized same-sex marriage respectively. Additionally, there has been growing public support for civil rights with notable activists like Martin Luther King Jr., Malcom X , Rosa Parks , etc which led to new laws being passed that prohibit discrimination on account of race or gender. A change in social norms surrounding gay marriage has also been reflected in the Supreme Court. All this shows how far we've come from where we were when it comes to civil rights.

Race and Civil Rights:

• Courts had a narrow view of the Fourteenth Amendment - blacks and whites have fundamental legal rights but can be treated differently.
• Plessy v. Ferguson: Court held the law treats each race equally even though they are separate
  • Separate but equal facilities were constitutional
• NAACP lobbied, publicized black grievances, and fought many legal battles to fight the precedent set by Plessy.
• Many cases brought by the NAACP prior to Brown v. Board had the same ruling - separate but equal is inherently unequal
• Brown v. Board: climax where separate-but-unequal was overturned by the Court
• Court decided local district courts would oversee the end of segregation by giving them the power to approve or disapprove local desegregation plans
• The South had major resistance - many defied or evaded the Court orders
• Supreme Court wanted more than desegregation; they wanted integration
  • Redistricting and busing systems

Women and Equal Rights:

• Origin - Seneca Falls Convention in 1848.
• Nineteenth Amendment: prohibits states from denying the right to vote on the basis of sex
• Abortion - Roe V. Wade ruled abortion is protected under the Fourteenth Amendment
  • However, late term abortion is not banned.

Affirmative Action:

• Equality of results: burdens of racism and sexism can be overcome by taking race or sex into account
  • Not just given rights, but given benefits
  • Constitution should not be color blind and sex neutral
• Equality of opportunity: if it's wrong to discriminate against, than it is wrong to give preferential treatment over other groups
  • Constitution should be color blind and sex neutral
• Courts will subject any quota system to strict scrutiny

Gay Rights:

• At first, states were allowed to decide the rights gay individuals had.
• Many local, state, and federal laws conflicted over same sex marriage
• Obergefell v. Hodges: Court held that the Fourteenth Amendment requires states to license and recognize same-sex marriage
• These changes not only reflect an evolving in the understanding of the Constitution, but also broad shifts in social norms

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