Civil+Rights

BLACK PREDICAMENT**
 * __Civil Rights__

+ sense o/ threat in af. am. majorities (south) + whites w/lower income afraid of gains by af. am. + change was difficult: some areas couldnt vote because there was lack o/political organization. -__SEPARATE BUT EQUAL__ -__CAN SEPERATE SCHOOLS BE EQUAL?__ -__BROWN V. EDUCATION__ = overturned PLESSY V. FURGESON (Topeka, Kansas) = southern manifesto: condemed Brown as "Abuse o/judicial power" = rational segregation: 2 types + de jure (south typically) and de facto (north typically) segregation
 * =** literacy tests, fees, grandfather clause used to make it difficult for blacks to vote
 * =** whites threatened by african american integration
 * THE** **CAMPAIGN IN THE COURTS**
 * =** separate-but-equal doctrine: applied to schools
 * =** NAACP started to take the cases to the courts where it was judged on how contitutional it was (constitution is "color blind"; not biased)
 * =** schools were ruled uncostitutional under sep.-but-equal because they were inherently unequal, which is unconstitutional.
 * =** for education to be equal, it had to be equally available.
 * =** arrangements reguarding any "color sections" or segregation affiliated w/schools was unconstitutional

= In an attempt to get civil rights on the political agenda dramatic events were staged. These events ranged from sit ins, freedom rides, and bus boycotts = Non-violent disobedience was a practice used by those pushing for civil rights = There were some opponents of legislative politics such as the Senate Judiciary, house rules committees held by southerners, the threat of a filibuster, and president Kennedy was also reluctant +The public’s opinion on the matter was swayed by the violent segregation acts covered by the media, JFK’s assassination, and the 1964 democratic landslide =There were 5 major civil rights bills passed between 1957 and 1968 +Three of them were Voting Rights Laws, which were passed in 1957, 1960 and 1965 +There also was a housing discrimination law passed in 1968 + Finally there was a civil rights bill that pertained to employment, public accommodations, voting, and schools in 1964 =Since the 1960s congress has been supportive of civil rights legislation which has lead to a rise in affirmative action
 * CAMPAIGN IN THE CONGRESS**
 * WOMEN AND EQUAL RIGHTS**

=The push for women’s rights began in 1848 at the Seneca Falls Convention where leaders began to push for women’s right to vote =It wasn’t until 1920 when women finally received the right to vote through the 19th amendment =World War 2 led to great changes in the status of women because of the demand for workers in plants =The Supreme court ruled that there are some gender based differences that are prohibited to discriminate because of such as: a state cannot set different ages at which men and women legally become adults, a state cannot set different ages at which men and women can buy beer, women can not be barred from jobs by arbitrary height and weight requirements, etc. =There are also some gender based differences that are allowed: a law punishing men but not women for statuary rape is permissible, all-boy and all-girl public schools are permitted if enrollment is voluntary and quality is equal, states can give widows a property tax exemption not given to widowers, and the navy may allow women to remain officers longer than men without being promoted =Rostker v. Goldberg (1981) led to the decision that congress may require men but not women to register for the draft =In 1993 the secretary of defense opened air and sea combat positions to all persons regardless of gender -__SEXUAL HARASSMENT__ =There are 2 forms of sexual harassment: the 1st is that it is illegal to request sexual favors as requirement of employment or a promotion. The 2nd is that it is illegal for an employee to experience a work environment that is hostile or intimidating by offensive sexual teasing, jokes, or obscenity -__PRIVACY AND SEX__ =1973 Roe v. Wade: the right to privacy is broad enough to include a woman’s right to an abortion. +There are 3 trimesters; in the 1st a woman has an unfettered right to an abortion. In the 2nd states may regulate abortions and they may ban them in the 3rd. +Critics of this say the life begins at conception and are pro-life. Supports believe life begins at birth =Hyde Amendment (1976): no federal funds will go toward abortions =The supreme court withstood attacks on Roe v. Wade between 1973 and 1989 =The Webster case in 1989 upheld state restrictions on abortion and in the Casey decision of 1992 the Supreme Court refused to overturn Roe. -__EQUALITY OF RESULTS__ =civil rights/feminist organizations feel as though it is not enough to give people the rights that they deserve, but they feel as though they should be given benefits as well. +these benefits are to give the groups of people that have been discriminated against the same chances that the other races/sexes have =one of these benefits is affirmative action +affirmative action is a preferential hiring practices used to find and hire minorities. + it also gives these minorities work necessities, such a daycare for working mothers. +Aff. Action also makes sure that everyone is getting paid comparable amounts for the comparable jobs -__EQUALITY OF OPPORTUNITY__ =people are starting to conclude that if it is wrong to discriminate against blacks and women, then it should also be wrong to give them special treatment (reverse discrimination) =supporters of the equality of opportunity(usually those with orthodox beliefs) believe that everyone should have an equal chance to succeed +this means that no one is treated any better/worse than someone else due to their race/sex, but everyone is treated the same way and given a fair chance =factories/universities sometimes set “targets”/”quotas” as to how many minorities they should hire/accept +some agree with these “targets” and say that it gives the minorities an equal chance to succeed. +others say that these “quotas” take away the chances of the non-minorities, and that it is causing reverse discrimination =The Sup. Court in the next few years decided that factories/universities couldn’t make numerical quotas but could take an applicants race into account.(bonus points). In 1978, the court then also rejected the bonus point system. =Americans approve of compensatory action, but not preferential treatment +compensatory action is “helping disadvantaged people to catch up, usually in education/training/services. They usually believe that someone who is suffering, not by their own fault, should get a helping hand. +however, a large maj. oppose this and think that no one should get something that they don’t deserve. **GAYS IN THE CONSTITUTION**
 * AFFIRMATIVE ACTION**

=Sup. Court was willing to allow states to determine their own homosexual laws +many of these laws were overturned due to the "right to privacy" =Many states passed laws to prohit the protection of homosexual, lesbian, and bi-sexual orientation +Sup. Court struck them down because it violated the equal protection clause =Sup. Court banned all laws that descriminated against homosexuals due to the "right to privacy" +Right to Privacy means that an single/married individual has the right to be free from any unwanted governmental interruption. =In 1996. Pres. Clinton passed the Defense of Marriage Act. +specified that marriage is a lawful bond between a __man__ and __women__. +could be overturned if Sup. Court decided in favor of same-sex marriages. =Any thing/organization that is open to the public can not exclude homosexuals. +However, a private organization can exclude them. (example:boyscotts) __civil rights__-** rights of ppl to be treated w/out reasonable/uncostit. differences.
 * VOCAB
 * __suspect classifications__-** classifications of ppl on the basis o/their race or ethnicity.
 * __strict scrutiny__-** supreme court test to see if a law denies equal protection because it doesnt sevrve a compelling state interest and is not narrowly tailored to achieve a goal.
 * __seperate but equal doctrine__-** established in PLESSY V. FERGUSON that african americans were seperate but equal.
 * __de jure__-** racial segregation that is required by law.
 * __de facto__-** racial segregation in a community based on society, not by law (schools
 * __civil disobedience__-** opposing a law one considers unjust by peacefully disobeying it and accepting the punishment for doing so.
 * __police powers-__** state power to effect laws promoting health, safety, and morals.
 * __affirmative action-__** programs designed to increase minority participation by having more appointed minority-group members.
 * __equality of result-__** making certain that ppl (o/all races) achieve the same result.
 * __reverse discrimination-__** using race or sex to give preferential treatment to some peeps.
 * __equality of opportunity-__** giving ppl equal opportunities to succeed.