Civil Rights Discussion Questions What are main

Civil Rights

Discussion Questions What are main points of disagreement between Lincoln and King? Who is right? Do some groups need to be protected against hurtful speech? How? Where to draw the line?

Questions Are there circumstances where racial profiling is useful or is it always wrong? Is racial profiling less objectionable when it may be based on sound evidence? Are airports a special case?

Lincoln and Slavery Mixed Messages Preserve the Union Nation cannot exist half slave and half free Emancipation Proclamation Pariah in the South

Reconstruction South Rebuilt Under Military Rule Southern Soldiers/Officials barred from voting Return to Union conditional on acceptance of 13 th, 14 th and 15 th amendments

“Civil War Amendments” 13 th-Ends Slavery 14 th- Establishes Citizenship n n n Due process End of 3/5 compromise Bans rebels from government 15 th-Right to vote cannot be denied for race, color, or previous condition of servitude

Post War Racism Biological Basis “Miscegenation” Sexualized Stereotypes Lynching Ku Klux Klan

Jim Crow Laws Segregation Plessy vs. Ferguson Separate but equal

Jim Crow and Voting White Primary Literacy Test Poll Tax Grandfather Clause White Primary

De Facto/De Jure Segregation De Jure- segregation by law De Facto- segregation by social practice Black Codes Poll Tax/Literacy Test/Grandfather Clause Other forms of discrimination

Changing Partisanship Reconstruction to 1920 s- African Americans Overwhelmingly Republican New Deal Race Neutral House Dems Oppose poll tax, lynching Alignment Persists

Early Strategy- The Courts NAACP founded in 1909 First Case- Pink Franklin Smith v. Allwright 1944 - Ends White primary Effect vs. Intent Sweatt and Gaines Cases

Brown v. Board of Education Source of Early cases Brown attempts to enroll child in white school Appeals Unanimous Decision Equal Protection Clause

Brown Rationale Equal Protection Clause of 14 th Amendment “Nor shall any state… deny to any person within its jurisdiction the equal protection of the laws. ” “To separate some children from others…solely because of their race generates a feeling of inferiority as to their status in the community…very likely to ever be undone”

School Desegregation Not always smooth Little Rock Orville Faubus Eisenhower and the military

Bus Boycotts Baton Rouge 1953 Montgomery 1955 Court ultimately holds segregated busses deny equal protection

Forming Organizations Often Religious in Origin Southern Christian Leadership Conference Martin Luther King Color blind society Changing Strategies Nonviolent Protest

Civil Rights Act of 1964 National Law to outlaw many forms of discrimination Outlaws discrimination in voter registration Bars discrimination in public accommodations DOJ given bigger hand Employment

Implementation Busing n n Swann v. Charlotte-Mecklenberg School District Considerable white fallout EEOC Intent vs. Effect

Voting Rights act of 1965 1964 - 24 th amendment eliminates poll tax Voting rights act Suspends literacy tests Voter Registration n n Required to vote Exceedingly low among blacks Send in federal agents to register Dramatic increase

Other legislation Fair Housing Act 1968 n Prohibits discrimination in housing for most cases

Electoral Districts Gerrymandering Race cannot be primary consideration Can be a consideration “Bizarre shape test”

Affirmative Action Johnson race analogy Requires employers/government agencies who have discriminated in past to give special consideration Quotas? Bakke University of Michigan Cases

White Backlash Increasing militancy of civil rights movement “Reverse Discrimination” White flight Private Schools Political Realignment

African Americans Today Progress Inequality in education Income/Poverty Instances of police brutality

Contemporary Racism General decline in overt hostility Principal/implementation gap n Real or Social Desirability Symbolic Racism n n Moral Traditionalism Anti black affect

Women’s Rights Largely excluded from political participation Declaration of independence- “…. that all men are created equal. ” 15 th amendment- only mentions race and slavery

Early Events 1840 -World anti-slavery society Women not allowed to participate 1848 - Seneca Falls convention n n Women deserve equal rights of citizenship Voting rights 1869 - Women gain vote in Wyoming 1875 - Minor v. Heppersett

19 th Amendment The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Women slow to take to polls Often voted like husband Today, women vote at similar rate to men

1964 Civil Rights Act Women included by accident Intended to kill the bill EEOC chooses not to enforce NOW forms in protest

Equal Rights Amendment Picks up steam in 1972 “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex Passes congress, ratified by 22 states Sunk by Roe v Wade

Women’s Rights Today Considerable Progress Affirmative action Reduced Sexual Harassment Closing Wage Gap Still underrepresented politically Glass Ceiling?

Gay Rights Similarities/ Differences with other classifications? 1969 - Stonewall Uprising 1986 - Bowers v Hardwick 1996 Romer v. Evans 2003 -Lawrence v. Texas Gay Marriage?

Standards of Review Strict Scrutiny n n Fundamental Freedoms, Race Is classification Necessary to achieve permissible state goal? Intermediate Scrutiny n n Gender Does it serve an important Government objective? Minimum Rationality Standard n n Sexuality Is there a rational foundation to discriminate?