3.10

Social Movements and Equal Protection

  • Essential Question: How have constitutional provisions supported and motivated social movements?

  • The U.S. prioritizes freedom, equality, and civil rights, protecting against discrimination based on race, color, national origin, religion, and sex.

  • Principles of freedom and equality are evident in:

    • Founding documents

    • Constitutional amendments

    • Civil Rights Act of 1964

    • Due process and equal protection clauses in the Constitution

  • Various civil rights organizations (e.g., NAACP) have pushed for government accountability regarding these documents.

  • Recent advocacy has emerged from:

    • Latinos

    • People with disabilities

    • LGBTQ individuals

    • Pro-life and pro-choice movements regarding reproductive rights.

  • Despite advances, racism and sexism persist, revealing ongoing legal purposes surrounding civil rights.

Historical Context

  • Pre-Civil War Era: Civil rights largely ignored by federal and state governments; framers left slavery's legality to the states.

  • Abolitionists and progressive movements emerged to combat slavery.

NAACP and Civil Rights Advancements

  • NAACP Formation: Established in 1909 in response to state-sponsored discrimination and violent race riots (e.g., Springfield).

    • Key figures included Dr. W.E.B. Du Bois.

    • By 1919, the NAACP had over 90,000 members and pressed for the overturn of segregation in federal agencies.

  • Legal Challenges:

    • The NAACP successfully argued against discriminatory practices in voting rights (e.g., voter rights based on grandparents' status).

    • Secured Supreme Court decisions against government-imposed residential segregation.

Legal Defense Fund

  • Under legal leaders like Charles Hamilton Houston and Thurgood Marshall, the NAACP:

    • Fought against white primaries that excluded African Americans from voting.

    • Pioneered a legal strategy to dismantle school segregation, leading to landmark cases that integrated schools (e.g., Lloyd Gaines case).

The Civil Rights Movement

  • Additional groups like the Congress on Racial Equality and Southern Christian Leadership Conference joined NAACP efforts.

  • 1963 Importance: A year marked by the March on Washington and the Birmingham protests.

    • Key events included Martin Luther King Jr.'s arrest in Birmingham and writing the "Letter from a Birmingham Jail".

  • Nonviolent Campaign Steps (Dr. King):

    1. Collection of facts to identify injustices

    2. Negotiation attempts

    3. Self-purification

    4. Direct action.

Women’s Rights Movement

  • Voting Rights: Focused on obtaining the right to vote; led by figures like Susan B. Anthony.

    • Anthony's 1872 vote in violation of the law emphasized women's need for enfranchisement.

  • Legislative Changes:

    • The Nineteenth Amendment (1920) granted women the right to vote.

    • Industrialization brought women into the workforce, often facing discrimination.

    • The Equal Pay Act of 1963 and Civil Rights Act of 1964 were pivotal in combating employment discrimination.

LGBTQ Rights Movement

  • Early discrimination against LGBTQ individuals included federal restrictions and exclusion from the military.

  • Landmark cases like Lawrence v. Texas (2003) and Obergefell v. Hodges (2015) secured rights and recognition for same-sex marriage,

    • Obergefell ruling declared bans on same-sex marriage unconstitutional.

  • Continued debates focus on workplace discrimination and LGBTQ issues in schools.

Key Court Decisions and Legislation

  • Bostock v. Clayton County (2020): Established that workplace discrimination against LGBTQ individuals is illegal under Title VII of the 1964 Civil Rights Act.

  • Defense of Marriage Act (1996): Attempted to define marriage, later ruled unconstitutional.

  • "Don’t Ask, Don’t Tell" (1994): Compromise policy regarding LGBTQ military service, repealed in 2010.

  • Equal Rights Amendment: Aimed to assure legal equality regardless of sex, failed ratification after significant support.

Reflection on the Essential Question

  • Constitutional provisions have both inspired civic movements and motivated groups to fight for equality across various spectrums, including race, gender, and sexual orientation, leading to significant social and policy changes.

civil rights - protections from discrimination based on such characteristics as race, color, national origin, religion, gender

equal protection clauses - provisions within the Fourteenth Amendment that guarantee individuals the same legal protections and rights under the law, serving as a foundation for numerous landmark court cases and civil rights advancements.

National Association for the Advancement of Colored People (NAACP) - The National Association for the Advancement of Colored People (NAACP) was established in 1909 in response to state-sponsored discrimination and violent race riots, such as those in Springfield. Key figures included Dr. W.E.B. Du Bois. By 1919, the NAACP had over 90,000 members and pressed for the overturn of segregation in federal agencies. It played a crucial role in legal challenges against discriminatory practices, notably in voting rights, and secured important Supreme Court decisions against government-imposed residential segregation.

Nineteenth Amendment - The Nineteenth Amendment was ratified in 1920, granting women the right to vote in the United States. It was a significant milestone in the women's rights movement, driven by advocates like Susan B. Anthony who highlighted the importance of enfranchisement. The amendment marked a crucial step toward achieving gender equality in voting rights.

Equal Pay Act - The Equal Pay Act of 1963 aimed to abolish wage disparity based on sex, mandating that men and women be paid equally for equal work in the same establishment. This law was a significant advancement in the fight against employment discrimination and was part of a broader civil rights movement that sought to ensure gender equality in the workplace.

National Organization of Women - The National Organization for Women (NOW) was founded in 1966 to advocate for women's rights and promote gender equality

strict scruntinty - the analysis by courts to guarantee legislation is narrowly tailored to avoid violation of laws

Title IX - which guaranteed that women have the same educational opportunities as men in programs receiving federal government funding

Equal Rights Amendment - “Equality of rights under the law shall not be denied on account of sex” and gave Congress power to enforce this.

Lawrence v Texas - , the court struck down a state law that declared “a person commits an offense if he engages in deviate sexual intercourse with another individual S M E P 349 of the same sex.” Lawrence’s attorneys argued that the equal protection clause voided this law because the statute specifically singled out gays and lesbians. The Court agreed.

Defense of Marriage Act - defined marriage at the national level and declared that states did not have to accept same-sex marriages recognized in other states. The law also barred federal recognition of same-sex marriage for purposes of Social Security, federal income tax filings, and federal employee benefits.

Obergefell v. Hodges - This landmark case established that same-sex marriage is a constitutional right under the Fourteenth Amendment, ensuring that states must recognize and perform marriages for same-sex couples.