Civil Rights - Civil Rights Civil GOV 310L Points of...

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Unformatted text preview: Civil Rights Civil GOV 310L Points of Interest Points What are Civil Rights? How has the law historically treated race? What brought about the Civil Rights Movement? Why is Sweatt v. Painter going to be on the exam? What were the original bus boycotts? Why was affirmative action established? How does affirmative action relate to education? How does the discussion of Civil Rights relate to homosexuals? Why should I not ask Prof. Casellas what exactly is a sodomy law? How does civil rights relate to women? Civil Rights Civil Specific Specific rights that embody the general right to equal treatment under the law. right protection clause of the Fourteenth Amendment. Amendment. Equal Equal Race and the Law Race Historically Historically race has been used in the creation and implementation of laws. and miscegenation law Alabama The The legislature shall never pass any law to authorize or legalize any marriage between any white person and a negro, or descendant of a negro. and Alabama State Constitution Article IV Section 102 All All miscegenation laws ruled unconstitutional in Loving v. Virginia in 1967. Loving Susie Phipps v. State of Louisiana Susie 1982 1982 Susie Phipps challenged her racial designation as "colored". Under Under a 1970 Louisiana statute she was declared "colored" because she contained 1/32 or more "Negro blood“ 1/32 Under this statute, if one of your great-greatgreat-grandparents was Black, you were great-grandparents classified as Black. classified Five generations Phipps Phipps would lose the case What brought about the Civil Rights Movement? Movement? Drastic changes in the nation Massive Massive Blacks Blacks industrialization across the nation, which led to the Great Migration. which areas areas left the rural south for urban and northern This This movement had national effects as Blacks now began to gain political power in the North. began Blacks Blacks now had influence over 278 electoral votes compared to 127 for the South. to Percentage of Blacks Living Outside the South Outside Failing economy in the South Failing Southerners Southerners realized that they needed to industrialize in order to salvage their economy. economy. needed to bring in northern businesses businesses “we we They They have managed to reduce lynchings… not because we’ve grown more law abiding or respectable but because lynchings became such bad advertising.” such World War II and the Cold War World The war effort as well as the circumstances after the war The would play a key role in shaping the Civil Rights Movement Movement War effort pushed for egalitarian principles in the battle against War Hitler and the Nazis. Hitler During Cold War, the United States would stress the fight for During democracy, to make the world safe. democracy, Both WW II and the Cold War would cause the nation to depend Both upon the support of Blacks. upon After being let down after WW I, Blacks openly stated that if history After repeated itself they would not help defend the nation. repeated A drastic change in the attitudes of Blacks Blacks Many Many blacks became highly dissatisfied with their position in life around WWII. with Hortense Hortense Powdermaker, who studied Blacks in the 1930’s found that Blacks had more aggressive attitudes at the time. aggressive Better Better educated and visibly disturbed about their treatment. treatment. “Bitter” Bitter” and “resentful” attitudes were only held by a minority of the people, but it was spreading. minority Black Soldiers Returning from WW II Black Blacks Blacks returning from the war effort were even more displeased with there status in America. They would play a key effort in the mobilization of Blacks in the South of 1946 1946 One hundred veterans marched to the Birmingham courthouse to demand their right to vote. Birmingham Evers served in England and France during WWII as member of the Red Ball Express WWII Medgar Medgar The coming end of segregation The Changes Changes in the national attitude toward race was beginning to be seen in the Supreme Court, which had usurped any Black progress in the past. had 1948 1948 Shelley v. Kramer removed the legality of restrictive covenants. covenants. Sweatt v. Painter Supreme Court struck down a Texas statute which restricted the University of Texas Law School to White students only. Law Brown v. Board unanimously effectively overturned the Plessy decision. the Separate Separate 1950 1950 1954 1954 would never be equal. Creates a sense of inferiority The consequences of the decisions The De De jure segregation was no more, racial segregation was no longer legal in the United States. United would the Supreme Court decisions be enforced? decisions However However Activities of the Civil Rights Movement Movement Large Large levels of mobilization across the country as Blacks began to protest their second class citizenship. Boycotts 1953 Bus Bus Baton Rouge 1955 Montgomery 1956 Tallahassee Throughout Throughout the nation Blacks began to Boycott the lack of enforcement or protection of their Constitutional rights. Constitutional Evaluation of Civil Rights as the Country’s Most Important Problem Country’s Changes in Black and White Participation in Presidential Elections, by Region Presidential Southern Democrats in Congress Southern Black Elected Officials Black Desegregation v. Integration Desegregation Swann v. Charlotte Mecklenburg (1971): remedies may include racial quotas, redrawn district lines, and court-ordered busing busing Inter-city busing could be authorized only Inter-city if both the city and the suburbs had practiced segregation practiced Busing remains controversial Affirmative Action Affirmative Programs Programs designed to enhance opportunities for groups that have suffered discrimination in the past. discrimination A set of public policies and initiatives set designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin 1965 Executive Order 11246 1965 Lyndon Johnson requires requires federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." 1967, Johnson expanded the Executive Order to include affirmative action requirements to benefit women. requirements In In Affirmative Action and Schools Affirmative Bakke vs. UC Board of Regents Bakke Bakke sued stating that he was not able to get into medical school because of racial quotas. medical argued in a 5-4 decision that he was justified in his claim. his Quotas Court Court are illegal Justice Justice Powell in writing the majority opinion stated that affirmative actions programs were acceptable if the goal was to create diversity that would be beneficial to all. Recent Affirmative Action Cases Recent Hopwood Made Made decision it illegal to use race as a factor in admissions. admissions. Only affected Fifth Circuit Court District. University Supreme Supreme of Michigan Court ruled that race can factor into admissions. admissions. Overturned Hopwood decision Should the law recognize Race? Should Some Some argue that race should never be considered in any situation. They argue that it is an injustice to all if race factors into the law. an Color Blind Others Others argue that because race has been such a key factor in law making, that race should also be taken into consideration in order to alleviate the misdeeds of the past. the Homosexuals and Civil Rights Homosexuals Gay Marriage and Gay Civil Unions 2000 2000 Vermont legally recognizes same-sex civil unions. unions. 2004 Massachusetts Supreme Court allows for same 2004 sex marriages. sex Bowers v. Hardwick (1986): Georgia was allowed to ban homosexual sexual activity allowed Romer v. Evans (1996): Colorado voters had adopted state constitutional amendment making it illegal to protect persons based on gay, lesbian or bisexual orientation; the Court overturns it overturns 2004 election and gay marriage 2004 Both Bush and Kerry opposed gay marriage. supported gay civil unions Both States States have now taken action to ban same sex marriages. marriages. Arkansas, Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah all approved anti-same-sex marriage amendments Amendments won by double-digit margins, and were Amendments not close races. not Missouri also passed a similar amendment earlier in Missouri 2004 2004 Public Opinion on Gay Rights Has Changed as Gay and Lesbian Political Activism Has Increased Political Texas and Gay Rights Texas Texas Sodomy Law Stated Stated that it was a misdemeanor to engage in certain sexual acts between people of the same sex. sexual Fourteenth Texas Court of Appeals ruled that the law violated the Texas Equal Rights Amendment. the “Our Our 2000 2000 Constitution does not protect morality; it does however , guarantee equality to all persons under the law.” guarantee March March 2001 court conducted a rehearing of the appeal and reversed the earlier decision, upholding the sodomy law. Gender Based Discrimination Gender Reasonableness Reasonableness standard versus strict scrutiny scrutiny Court chooses a blend—more than Court reasonable but not as much as strict scrutiny scrutiny Some gender-based differences are Some allowed by courts allowed Sexual Harassment Sexual Quid pro quo: sexual favors are required sexual as a condition for holding a job or for promotion; employers are strictly liable promotion; Hostile environment: creating a setting in creating which harassment impairs a person’s ability to work; employers are liable if they were negligent were Privacy and Sex Privacy Regulating Regulating sexual matters is traditionally a state function, under the exercise of the police powers police In 1965, Supreme Court held that states In could not prevent the sale of contraceptives, because that violated the zone of privacy zone The Equal Rights Amendment The Proposed Proposed Amendment to the Constitution that banned gender discrimination. banned Quickly passed through Congress Ratified by 35 States Failed by 3 states Groups Groups of conservative women questioned what the ERA would mean ERA Government paid abortions? Women eligible for the draft? Discrimination and Harassment in the Workplace the Ward’s Cove Packaging Co. v. Antonio (1989) The court ruled that it was the defendant’s responsibility to bear The the burden of proof when showing that race or gender discrimination had occurred. discrimination Meritor Savings Bank v. Vinson (1986) Sexual harassment would be considered illegal only if it caused Sexual psychological damage to the victim. psychological Harris v. Forklift Systems Gender discrimination exists whenever it is more difficult for a Gender person of one gender than of another to perform well at a job. person Oncale v. Sundowner Offshore Services, Inc. Oncale Supreme Supreme Court ruled that same-sex sexual harassment is a form of discrimination protected by Title VII of the Civil Rights Act. Civil Reversed Reversed the Fifth Circuit Court of Appeals' ruling that federal law's prohibition against sexual harassment does not include samesexual sex sexual harassment, sex Review Review 1. Which court case established the separate but equal Which doctrine? doctrine? Which court case established that police officers are Which required to tell suspects their rights before questioning them? them? Which court case established that dormitory rooms on Which college campuses were not protected under the search and seizure clause? and Which court case banned the University of Texas Law Which School from banning students based upon race? School Which court case established that burning the American Which Flag was an expression of free speech? Flag 1. 1. 1. 1. Summary Summary Like Like Civil Liberties, Civil Rights have been established in the courts. established Rights are a highly contested issue as groups attempt to make sure that they are treated fairly. are we have seen, our understanding of Civil Rights is continuously evolving. Civil Civil Civil As As ...
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This note was uploaded on 02/21/2011 for the course GOV 310L taught by Professor Kieth during the Spring '07 term at University of Texas at Austin.

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