●Until that time, they had been considered members of tribal nations whose relations with the U.S.government were determined by treaties.○They also were denied political and social rights, the government banned the use of nativelanguages and religious rituals, sent Indian children to boarding schools and gave themnon-Indian names.●United Farm Workers Strike of 1965.○Cesar Chavez led a strike of the United Farm Workers union against growers in California.■Eventually, in combination with national boycott, it resulted in somewhat better pay, working conditions, and housingfor farm workers.●Americans with Disabilities Act.○The law extends the protections embodied in the Civil Rights Act of 1964 to people with physical or mental disabilities, includingpeople with AIDS, alcoholism, and drug addiction.■It guarantees them access to employment, transportation, public accommodations, and communication services.●Don’t Ask, Don’t Tell policy.○The policy that enables gays and lesbians to serve openly in the U.S. military.●Nineteenth Amendment.○Nineteenth Amendment: the amendment to the Constitution, adopted in 1920, that ensures the women of the right to vote.28
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●Equal Rights Amendment (reasons for failure).○Equal Rights Amendment [ERA]:a failed constitutional amendment introduced by the National Women’s Party in 1923, declaringthat “equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.”■Reasons for Failure:●It was three states short of adoption.●Its proponents mounted a national campaign to generate approval, while its opponents organizedstate-based anti-ERA campaigns.●Proponents exaggerated the amendment’s effect, only giving ammunition to their opponents.○Example:the puffed-up claim that the amendment would make wife and husband equallyresponsible for their family’s financial support.■As opposition grew stronger, state legistlators and lawmakers ducked oncerealizing the amount of risk involved.CASEISSUEKEY FACTSDECISIONLemon v. Kurtzman (1971)Chapter 151st AmendmentEstablishment Clause●State program that wouldhave helped pay thesalaries of teachers hiredby parochial schools togive instruction in secularsubjects.●The program did notsatisfy the last prong ―the government wouldhave had to monitor theprogram constantly ―>excessive entanglementwith religion.●Supreme Court struck downthe Pennsylvania law thatprovided funding fornon-religious teachers salaries.●Created the Lemon Test; inorder for a law to not violatethe Establishment Clause, a lawmust:○Have a significantsecular purpose(such as lendingbooks to parochialschool students).○Be neutral (notadvance or inhibit areligion).○Not fosterexcessiveentanglementbetween29
government andreligion.●Laws have to be SNEE:Secular,Neutral, No ExcessiveEntanglement.Sherbert v. Verner (1963)Chapter 151st AmendmentFree Exercise Clause●●Court sided with Sherbert.●Court said state denying herunemployment wasunconstitutional due to itcreating a burden on freeexercise of religion.
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