CHAPTER 11 Civil Rights Topics 310-313 Topic 3.10 Social Movements and Equal Protection PRD-1A: Explain how constitutional provisions have supported and motivated social movernents, ~ Required Foundational Documents: + The Constitution of the United States + “Letter from a Birmingham Jail Topic 3.11 Government Response to Social Movements PMI-3.A: Explain how the government has responded to social movements. ~ Required Foundational Document: + The Constitution ofthe United States ~ Required Supreme Court Case: + Brown v Board of Education (1954) Topic 3.12 Balancing Minority and Majority Rights CON-6.A: Explain how the Court has at times allowed the restriction ofthe civil rights of minority groups and at other times has protected those rights. ~ Required Supreme Court Case: + Brown v. Board of Education (1954) Topic 3.13 Affirmative Action CON-6.A: Explain how the Court has at times allowed the restriction ofthe civil rights of minority groups and at other times has protected thase rights. E President Lyndon Johnson rest with ci ight lenders Matin Lathes King of the Southern Chis Lenderhip CConteceace (lf, Waitaey Young of the Urban League (accord from the right and James Farmer fom the Congress of Rail Equality (Gar ight i 984 340 civiaicHTs3.10 Social Movements and Equal Protection “it ought to be possible ... for American students of any color to attend any public institution they select without having to be backed up by troops. ... for American consumers of any color to receive equal service in places of public accommodation, [and] to register and to vote in a free election without interference or fear of reprisal” President John F Kennedy, White House Adress, 1963 Essential Question: How have constitutional provisions supported and motivated social movements? Tie united states places a high priority on freedom and equality and civil rights, protections from discrimination based on such characteristics as race, color, national origin, religion, and sex. These principles are evident in the founding documents, later constitutional amendments, and laws such as the 1964 Civil Rights Act. They are guaranteed to all citizens under the due process and equal protection clauses in the Constitution and according to acts of Congress. Civil rights organizations representing African Americans and women have pushed for government to deliver on the promises in these documents. In recent years, other groups—Latinos, people with disabilities, and LGBTQ individuals—have petitioned the government for fundamental fairness and equality. A pro-life movement emerged to fight for the rights of the unborn, and a pro-choice movement fought for the right of women to control decisions about their bodies. All three branches have responded in varying degrees to these movements and have addressed civil rights issues. Even so, racism, sexism, and other forms of bigotry have not disappeared. Today, a complex body of law shaped by constitutional provisions, Supreme Court decisions, federal statutes, executive directives, and citizen-state interactions, defines civil rights in America. Equality in Black and White In the United States, federal and state governments generally ignored civil rights policy before the Civil War. The framers of the Constitution left the legal question of slavery up to the states, allowing the South to strengthen its plantation system and relegate enslaved and free African Americans to SOCIAL MOVEMENTS AND EQUAL PROTECTION 341subservience. the North had a sparse black population and little regard for fairness toward African Americans. Abolitionists, religious leaders, and progressives sought to outlaw slavery and advocated for African Americans in the mid-1800s. The NAACP Pushes Ahead ‘The Fourteenth Amendment’ equal protection clause spurred citizens to take action. One organization, the National Association for the Advancement of, Colored People (NAACP) stood apart from the others in promoting equal rights for African Americans, State-sponsored discrimination and a violent race riot in Springfield, Illinois, led civil rights leaders to create the NAACP in 1909. On Abraham Lincoln's birthday, a handful of academics, philanthropists, and journalists sent out a call for a national conference. Harvard graduate and Atlanta University professor Dr. W.E.B. DuBois was among those elected as the association's first leaders. By 1919, the organization had more than 90,000 members. Before World War I, the NAACP and its leaders pressed President Woodrow Wilson to overturn segregation in federal agencies and departments. The citizen group had also hired two men as full-time lobbyists in Washington, one for the House and one for the Senate. ‘Ihe association joined in filing a case to challenge a law that limited voter rights based on the then-legal status of voters’ grandparents. (See Topic 3.1] for more on this “grandfather clause.”) The Supreme Court ruled the practice a violation of the Fifteenth Amendment, Two years later, the Court again sided with the NAACP when it ruled government- imposed residential segregation a constitutional violation. Legal Defense Fund ‘The NAACP has regularly argued cases in the Supreme Court. It added a legal team that was led by Charles Hamilton Houston, a Howard University law professor, and his assistant, Baltimore native Thurgood Marshall. They defended mostly innocent black citizens across the South in front of racist judges and juries. They successfully convinced the Supreme Court to outlaw the white primary—a primary in which only white citizens could vote. In southern states, the white primary had essentially extinguished the post-Civil ‘War Republican Party, the party of Lincoln, allowing southern Democrats to stay in power and pass discriminatory laws. ‘The NAACP began a legal strategy to chip away at state school segregation, filing lawsuits to integrate first college and graduate schools and then K-12 schools. Early success came in 1938, when Lloyd Gaines integrated the University of Missouri’s Law School. ‘The state had offered to pay his out-of- state tuition at a neighboring law school, but the Fourteenth Amendment specifically requires states to treat the races equally and failing to provide a “Separate but equal” law school, the Court claimed, violated the Constitution. In 1950, the NAACP won decisions against schools in Oklahoma and Texas to provide integrated graduate and law schools. 342 _ UNITED STATES GOVEANMENT & POLITICS: AP" EDITIONMotivating the Movement Additional groups joined the NAACP in the effort to make the United States a place of equality. The Congress on Racial Equality, the Urban League, and the Southern Christian Leadership Conference, led by Dr. Martin Luther King Jr. took up the cause of racial equality. The civil rights movement had a pivotal year in 1963, with both glorious and horrific consequences. On one hand, King assisted the grassroots protests in Birmingham and more than 200,000 people gathered in the nation’s capital for the March on Washington. On the other hand, Mississippi NAACP leader Medgar Evers was shot and killed. In Birmingham, brutal police Chief Bull Connor turned fire hoses and police dogs on peaceful African American protesters. ‘Amid the face-offs and protests of the movement, in one of the darker but telling moments of the movement, authorities arrested Dr. Martin Luther King for leading a protest despite a court order forbidding civil rights demonstrations. From his cell in the Birmingham jail, he wrote his discourse on race relations at the time. FOUNDATIONAL DOCUMENTS: “LETTER FROM A BIRMINGHAM JAI Motivated by the Fourteenth Amendment's equal protection clause, on April 12, 1963—Good Friday, the Friday before Easter—the Alabama Christian Movement for Human Rights and the Southern Christian Leadership Conference sponsored a parade down the streets of Birmingham, Alabama, to protest the continued segregation of the city’s businesses, public spaces, and other institutions. Three key leaders headed the march of about 50 participants: the Reverends Fred Shuttlesworth, Ralph Abernathy, and Dr. Martin Luther King Jr. Because the city feared disruption from the march, the protesters had been denied a parade permit, and, on those grounds, Dr. King and Ralph Abernathy were arrested and put in jail. ‘On the day ofthe march, “A Call for Unity? written by eight white clergymen from Birmingham and published in a Birmingham newspaper, called on the protesters to abandon their plans, arguing that the proper way to obtain equal rights was to be patient and let those in a position to negotiate do their job. While serving 11 days in solitary confinement in a Birmingham jail, Dr. King composed a response to the clergymens’ request and, in so doing, laid out the foundations for the nonviolent resistance to segregation that guided the civil rights movement. SOCIAL MOVEMENTS AND EQUAL PROTECTION 343Fred Shutesworth (J, Ralph Abernathy (middle), and Mara Lathe King Jen the Good Friday March, Inany nonviolent campaign there are four basic steps: 1) Collection ofthe facts to determine whether injustices ae alive, 2) Negotiation. 3) Sel-purifcation and, 4) Direct Action, We have gone through al ofthese steps in Birmingham, Birmingham is probably the most thoroughly segregated city in the United States, Its ugly record of police brutality is known in every section ofthis country. Its unjust ‘treatment of Negroes in the courts is @ notorious reality There have been more unsolved bombings of Negro homes and churches in Birmingham than any city in ‘the nation. These are the hard, brutal and unbelievable facts, On the basis of these conditions Negro leaders sought to negotiate with the city fathers, But the politcal leaders consistently refused to engage in good faith negotiation ... we had no alternative except that of preparing for direct action, whereby we would present our ‘very bodies as a means of laying our case before the conscience of the local and ‘the national community. We were not unmindful ofthe difficulties involved, So we decided to go through @ process of sel-purfication, We started having workshops ‘on nonviolence and repeatedly asked ourselves the questions, "Are you able to accept blows without retaliating” “Ave you able to endure the ordeals ofall?” Dr. King also expressed disappointment in the white clergy in whom he had hoped and expected to find allies. Yet he tried to understand their call for patience. \We know through painful experience that freedom is never voluntarily given by the ‘oppressor; it must be demanded by the oppressed. For years now | have heard the ‘word “Wait”... I guess its easy for those who have never fel the stinging darts of segregation to say "Wait” But when you have seen vicious mobs lynch your ‘mothers and fathers at will and drown your sisters and brothers at whim; when ‘you have seen hate filed policemen curse, kick, brutalize and even kill our black brothers and sisters with impunity; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst fan affluent society; .., when you are forever fighting a degenerating sense of jobodiness;" then you will understand why we find it difficult to wait. There comes. atime when the cup of endurance runs over, and men are no longer wiling to be plunged into an abyss of injustice where they experience the bleakness of corroding despair. | hope, Sirs, you can understand our legitimate and unavoidable impatience. 344. UNITED STATES GOVEANMENT & POLITICS: AP" EDITIONPolitical Science Disciplinary Practices: Explain How Argument influences Behaviors Dr. King's "Letter from a Birmingham Jal” is an argument—or more precisely, @ counterargument. King addresses each of the points the white clergy make in "A Call {or Unity" to make a clear case for the need for nonviolent direct action. Think about ‘the implications of that argument on the politcal behaviors of African Americans and whites. Apply: Complete the following activities. 1. Explain how the four basic steps of a nonviolent campaign were carried out in Birmingham before the Good Friday demonstration, 2, Explain the implications of Dr. King’s argument on breaking or upholding the law, 3. Compare the lawbreaking of the protestors marching without a permit to the lawbreaking King refers to by mobs, ‘4, Explain how the civil rights movement was motivated by constitutional provisions Then read the full "Letter from a Birmingham Jail online. Women’s Rights Movement Obtaining the franchise, the right to vote, was key to altering public policy toward women, and Susan B. Anthony led the way. In 1872, in direct violation. of New York laws, she walked into a polling place and cast a vote. An all-male jury later convicted her. She later authored the passage that would eventually ‘make it into the Constitution as the Nineteenth Amendment (1920). Women and Industry Industrialization of the late 1800s brought more women into the workplace. They often worked for less pay than men in urban factories. In 1908, noted attorney Louis Brandeis defended an Oregon law preventing women from. working long hours. Brandeis argued that women were less suited physically for longer hours and needed to be healthy to bear children. The Court upheld a state’ right to make laws that treated women differently. This consideration protected the health and safety of women, but the double standard gave Iawmakers justification to treat women differently. Suffragists pressed on. By 1914, 11 states allowed women tovote. In the 1916 election, both major political parties endorsed the concept of womens suffrage in their platforms and Jeanette Rankin of Montana became the first woman elected to Congress. ‘Ihe following year, however, World War I completely consumed Congress and the nation and the issue of women's suffrage drifted into the background. After the war ended, suffragist leader Alice Paul continued to press President Woodrow Wilson, eventually persuading him to support women's suffrage. President Wilson pardoned a group of arrested suffragists and spoke in favor of the amendment, influencing Congress's vote. The measure passed both houses in 1919 and was ratified as the Nineteenth Amendment in 1920. SOCIAL MOVEMENTS AND EQUAL PROTECTION 345,From Suffrage to Action What impact did the amendment have on voter turnout for women? An in-depth study of a Chicago election from the early 1920s found that 65 percent of potential women voters stayed home, many responding that it wasn't a ‘woman's place to engage in politics or that the act would offend their husbands. Initially, men outvoted women by roughly 30 percent, but that statistic has changed and now turnout at the polls is higher for women than men. ‘Voting laws were not the states’ only unfair practice. ‘Ihe Supreme Court had ruled in 1948 that states could prevent women from tending bar unless the establishment was owned by a close male relative and states were allowed to seat all-male juries. However, women made advancements in the workplace in the 1960s. In 1963, Congress passed the Equal Pay Act that required employers to pay men and women the same wage for the same job. However, even after the Equal Pay Act, it was still legal to deny women job opportunities. ‘That is, equal pay applied only when women were hired to do the same jobs that men were hired lo do. ‘the 1964 Civil Rights Act protected women from discrimination in employment. In addition, Betty Friedan, the author of The Feminine Mystique, encouraged women to speak their minds, to apply for male-dominated jobs, and to organize for equality in the public sphere. Friedan went on to cofound the National Organization for Women (NOW) in 1966. Women and Equality In the 1970s, Congress passed legislation to give equal opportunities to women in schools and on college campuses. Pro-equality groups pressured the Court to apply the strict scrutiny standard—the analysis by courts to guarantee legislation is narrowly tailored to avoid violation of laws—to policies that treated genders differently. The application of strict scrutiny can be seen most clearly in Title IX of the Education Amendments of 1972, which guaranteed that women have the same educational opportunities as men in programs receiving federal government funding. (See Topic 3.12.) However, the women’s movement fell short of some of its goals. The Court never declared that legal gender classification deserves the same level of strict scrutiny as classifications based on race. Additionally, the movement was unable to amend the Constitution to declare absolute equality of the sexes. ‘The proposed Equal Rights Amendment (ERA) stated “Equality of rights, ‘under the law shall not be denied on account of sex” and gave Congress power to enforce this. The amendment passed both houses of Congress with the necessary two-thirds vote in 1972. Thirty of the thirty-eight states necessary to ratify the amendment approved the ERA within one year. At its peak, 35 states hhad ratified the proposal, but when the chance for full ratification expired in 1982, the ERA failed. Nonetheless, the 1970s was a successful decade for women gaining legal rights and elevating their political and legal status. 346 UNITED STATES GOVEANMENT & POLITICS: AP" EDITIONRoe v. Wade and the Pro-Life Response ‘The Roe v: Wade decision (see Topic 3.9), prevented government from outlawing. abortion, Though seen as a victory among feminists, most of the population in the 1970s did not approve of the decision. The Roe decision likely harmed the credibility of the ERAS allies, such as the National Organization for Women (NOW), a group that advocated for women’s rights. Many women’s groups and other civil rights groups, such as the American Civil Liberties Union (ACLU), believed state restrictions on abortion denied a pregnant woman and her doctor the right to make a highly personal and private medical choice. The Court in Roe v. Wade agreed and decided that a state cannot deny a pregnant woman the right (o an abortion during the first trimester of the pregnancy. In a 722 decision, the Roe opinion erased or modified statutes in most states, effectively legalizing abortion. ‘However, the battle over abortion has continued. States can still regulate abortion by requiring brief waiting periods and other restrictions, Anti abortion or pro-life groups continue to press for legal rights for the unborn, many believing that life begins at conception and, for that reason, even @ zygote—a fertilized egg—is entitled to legal protection. This argument for a legal recognition of fetal personhood is atop the pro-life movements agenda. THINK AS A POLITICAL SCIENTIST: EXPLAIN HOW THE IMPLICATIONS OF AN AUTHOR'S ARGUMENT AFFECT POLICIES After a president nominates a judge to fill a vacancy in the Supreme Court, the Senate Judiciary Committee holds a hearing to question the nominee and decide ifthe full Senate will vote on the nominee. ‘the responses given by the nominee to Senators’ questions during the hearing are vital to receiving a majority vote before a formal appointment. When Ruth Bader Ginsburg was nominated by President Bill Clinton for a Supreme Court position in 1993, one of the key areas she was questioned on during the confirmation hearing was abortion. Ginsburg’ abortion views, specifically her thoughts on Roe . Wade from a lecture she had given at New York University the previous year, came up in questioning. Below is an excerpt from that lecture, Practice: The following excerpt was in Time magazine from Ruth Bader Ginsburg's lecture regarding the ruling in Roe v. Wade and its lasting effects, Read the excerpt, and then answer the questions tha follow. ‘The seven to two judgment in Roe v. Wade declared "violative [in violation] of the Due Process Clause of the Fourteenth Amendment” a Texas criminal abortion statute that intolerably shackled a woman's autonomy; the Texas law “exceptled] from criminality only life-saving procedure on behalf ofthe [pregnant women] Suppose the Court had stopped there, rightly deciaring unconstitutional the most extreme brand of Jaw in the nation, and had not gone on, as the Court did in Roe, to fashion a regime blanketing the subject, a set of rules that displaced virtually every state law then in force, Would there have been the twenty-year controversy we have witnessed, SOCIAL MOVEMENTS AND EQUAL PROTECTION 347reflected most recently in the Supreme Court's splintered decision in Planned Parenthood v. Casey? A less encompassing ioe, one that merely struck down the ‘extreme Texas law and went no further on that dey, | believe... might have served to reduce rather than to fuel controversy. 1. What isthe main argument Ginsburg makes in the excerpt? 2, According to Ginsburg, how were policy or other Supreme Court rulings affected by the Roe decision? 43. According to Ginsburg, how might policy or other Supreme Court rulings have been atfected had the foe decision been different? hts and Equality Like African Americans and women, those who identify as LGBTQ have been discriminated against and have sought and earned legal equality and rights to intimacy, military service, and marriage. State and federal governments had long set policies that limited the freedoms and liberties of LGBTQ people, President Eisenhower signed an executive order banning any type of “sexual perversion” as it was defined in the order, in any sector of the federal government. Congress enacted an oath of allegiance for immigrants to assure that they were neither communist nor gay. State and local authorities closed gay bars. Meanwhile, the military intensified its exclusion of homosexuals. ‘The first known public gay rights protest outside the White House took place in 1965. In 1973, psychiatrists removed homosexuality as a mental disorder from their chief diagnostic manual, Throughout the 1970s and 1980s, in part to seek legal protections and gain a political voice, homosexuals “came out” and began publicly proclaiming their sexual identity. A quest for legal marriage followed, Debates regarding these issues are complex, with a wide array of overlapping constitutional principles. ‘The states’ police powers, privacy, and equal protection are all involved. Federalism and geographic mobility create additional complexities. To what degree should the federal government intervene in governing marriage, a reserved power of the states? When gays and lesbians moved from one state to another, differing state laws concerning marriage, adoption, and inheritance brought legal standofis as the Constitution's full-fith-and-credit clause (Article IV) and the states’ reserved powers principle (Tenth Amendment) clashed, Seeking Legal Intimacy Traditionalists responded to the growing visibility of gays by passing laws that criminalized homosexual behavior. ‘Though so-called anti-sodomy laws had been around for more than a century, in the 1970s, states passed laws that specifically criminalized same-sex relations and behaviors. In Lawrence v. ‘Texas 2003), the court struck down a state aw that declared “a person commits an offense if he engages in deviate sexual intercourse with another individual 348 UNITED STATES GOVEANMENT & POLITICS: AP" EDITIONof the same sex” Lawrence’ attorneys argued that the equal protection clause voided this law because the statute specifically singled out gays and lesbians. ‘The Court agreed. Military Upto the late 20 century, the US. military discharged or excluded homosexuals from service. In the 1992 presidential campaign, Democratic candidate Bi IL Clinton promised to end the ban on gays in the military. Clinton won the election but soon discovered that neither commanders nor the rank and file welcomed reversing the ban, In a controversy that mired the first few months of his presidency, Clinton compromised as the Congress passed the “don't ask, don't tell” policy in 1994. ‘This rule prevented the military from asking about the private sexual status of its personnel but also prevented gays and lesbians from acknowledging or revealing it. In short, “dor't ask, don't tell” was meant to cause both sides to ignore the issue and focus on defending the country. ‘The debate continued for 17 years, Surveys conducted among military personnel and leadership began to show a favorable response to allowing gays to serve openly. In December 2010, with President Obama's support, the House and Senate voted to remove the “don't ask, don't tell!” policy soall service members could openly serve their country. Marriage Not long after Hawaii's state supreme court became the first statewide governing institution to legalize same-sex marriage in 1993, lawmakers elsewhere reacted to prevent such a policy change in their backyards. Utah was the first state to pass a law prohibiting the recognition of same-sex ‘marriage. In a presidential election year at a time when public opinion was still decidedly against gay marriages, national lawmakers jumped to define and defend marriage in the halls of Congress. ‘Ihe 1996 Defense of Marriage ‘Act (DOMA) defined marriage at the national level and declared that states did not have to accept same-sex marriages recognized in other states. ‘Ihe law also barred federal recognition of same-sex marriage for purposes of Social Security, federal income tax filings, and federal employee benefits. This was a Republican-sponsored bill that earned nearly every Republican vote. Democrats, however, were divided on it. Civil rights pioneer and Congressman John Lewis declared, “I have known racism. I have known bigotry. ‘This bill stinks of the same feat, hatred, and intolerance” ‘The sole Republican vote against the law came from openly gay member Steve Gunderson who asked on the House floor, “Why shouldn't my partner of 13 years be entitled to the same health insurance and survivor's benefits that individuals around here, my colleagues with second and third wives, are able to give them?” The bill passed in the House 342 to 67 and in the Senate 85 to 14. By 2000, 30 states had enacted laws refusing to recognize same-sex marriages in their states oF those coming from elsewhere. SOCIAL MOVEMENTS AND EQUAL PROTECTION 349If members of the LGBTQ community could legally marry, not only could they publicly enjoy the personal expressions and relationships that {go with marriage, they could also begin to enjoy the practical and tangible benefits granted to heterosexual couples: financing a home together, inheriting a deceased partner's estate, and qualifying for spousal employee benefits. In order for these benefits to accrue, states would have to change their marriage statutes. Initial Legalization ‘The first notable litigation occurred in 1971 when ‘Minnesota’ highest court heard a challenge 0 the states refusal to issue a ‘marriage license to a same-sex couple. The Supreme Court upheld the decision to not recognize the marriage largely on the definition of marriage in the state's laws and in a dictionary. ‘These may seem like simple sources for courts to consult, but the issue is very basic: Should the state legally recognize same-sex partnerships and, if so, should the state refer to it as “marriage”? In the past two decades, the United States has battled over these two questions, as advocates sought for legal equality and as public opinion on these questions shifted dramatically. ‘Vermont was an early state to legally recognize same-sex relationships and did so via the Vermont Supreme Court, ‘the legislature then passed Vermont's “civil unions” law, which declared that same-sex couples have “all the same benefits, protections and responsibilities under law . . . as are granted to spouses in a civil marriage” but stopped short of calling the new legal union a “marriage” Massachusetts’ high court also declared its traditional marriage statute out of line, which encouraged the state to legalize same-sex marriage there. What followed was a decade-long battle between conservative opposition and LGBTQ advocates, first in the courts and then at the ballot box, creating a patchwork of marriage law across the United States. By 2011, more than half of the public consistently favored legalizing same-sex marriage, and support for it has generally grown since. ‘Two Supreme Court rulings secured same-sex marriage nationally. The first vas filed by New York state resident Fdith Windsor, legally married in Canada toa woman named ‘Ihea Spyer. Spyer died in 2009. Under New York state law, ‘Windsor’s same-sex marriage was recognized, but it was not recognized under federal law, which governed federal inheritance taxes. Windsor thus owed taxes in excess of $350,000. A widow from a traditional marriage in the same situation would have saved that amount. The Court saw the injustice and ruled that DOMA created “a disadvantage, a separate status, and so a stigma” on same-sex marriage that was legally recognized by New York. ‘After separate rulings in similar cases at the sixth and ninth circuit courts of appeals, the Supreme Court decided to hear Obergefell v. Hodges (2015). In that case, the Court considered two questions: Does the Fourteenth Amendment require a state to issue a marriage license to two people of the same sex?” and “Does the Fourteenth Amendment require a state to recognize @ marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?” If the answer to the first question is 350 UNITED STATES GOVEANMENT & POLITICS: AP" EDITION“yes” then the second question becomes moot. On June 26, 2015, the Court ruled 5:4 that states preventing same-sex marriage violated the Constitution. Justice Anthony Kennedy wrote the opinion, his fourth pro-gay rights opinion in nearly 20 years. Issues Since Obergefell Within a year of the same-sex marriage ruling, the percent of cohabiting married same-sex couples rose from about 38 to 49, according to Congressional Quarterly, Now the Court has ruled that states cannot deny gays the right to marry, but not all Americans have accepted the ruling, Some public officials refused to carry out their duties to issue marriage licenses, claiming that doing so violated their personal or religious views of marriage. In 2016, about 200 state-level anti-LGBYT bills were introduced (only four became law). Though the Obergefell decision was recent and was determined by 2 close vote of the Court, public opinion is moving in such a direction that the ruling is on its way to becoming settled law. Yet controversies around other public policies—such as hiring or firing people because they are transgender, refusing to rent housing to same-sex couples, or refusing business services, such as catering, for same-sex weddings—affect the LGBT community and have brought debates and changes in the law. Workplace Discrimination When the 1964 Civil Rights Act prevented employers from refusing employment or firing employees for reasons of race, color, sex, nationality, or religion, it did not include homosexuality or gender identity as reasons. No federal statute has come to pass that would protect LGBT groups. Twenty-two states and the District of Columbia barred such discriminatory practices and afforded a method for victims of such discrimination to take action against the employer. Conservatives argued that these policies created a special class for the LGBT community and were thus unequal and unconstitutional. (The map con the next page shows the states’ employment protections in 2018,) However, 2020 landmark Supreme Court decision in Bostock v. Clayton County held that workplace discrimination was illegal throughout the nation under Title VII of the 1964 Civil Rights Act. ‘Soares: ety eae In 19, the Boy Scouts dimised 1 Scoutmarter Bea he ws ga “The Scoutmater won ai sut athe sate level but the Supe (Court ruled against him ating the Boy Seouts could create and enforce is oa plies Tepito membership under the First Amendment protetion of “expresiveasocation” Since ‘then, Boy Scouts of America has ‘changed ts potion on allowing {ays bat some believe Bostock doesnot change the doctrine of ‘expressive association SOCIAL MOVEMENTS AND EQUAL PROTECTION 351LGBT Employment Protections before Bostock, 2018 (oigreyercnernnatolan eve ‘Sermon sarc DD sitter gn tec on esve peeson Newlyn nara coves train etry gn cs oe ae ese Sexual harassment is another expression of workplace discrimination. In the 1986 case Meritor Savings Bank v. Vinson, the Supreme Court ruled that sexual harassment creates unlawful discrimination against women by fostering a hostile work environment and is a violation of Title VI of the 1964 Civil Rights Act. Sexual harassment became a major issue in 2017 when a number ‘of women came forward to accuse men in prominent positions in government, entertainment, and the media of sexual harassment. In a number of the high- profile cases, the accused men lost their jobs and the victims received financial compensation. In a show of solidarity and to demonstrate how widespread the problem of sexual harassment is, the #MeToo movement went viral. Anyone ‘who had experienced sexual harassment or assault was asked to write #MeToo ‘on a social media platform, Millions of women took part. A 2016 report by the Equal Employment Opportunity Commission found that between 25 and 85 percent of women experience sexual harassment at work but most are afraid to report it for fear of losing their jobs. Refusal to Serve and Religious Freedom ‘The 1964 Civil Rights Act did not include LGBT persons when it defined the persons to whom merchants could not refuse service, the so-called public accommodations section of the law. So, depending on the state, businesses 352 _UNITED STATES GOVERNMENT & POLITICS: AP" EDITION‘might have the legal right to refuse products and services to same-sex couples planninga wedding. In reaction to Obergefél,a movement sprang up to enshrine in state constitutions wording that would protect merchants or employees for this refusal, particularly if it is based on the merchant’ religious views. How can the First Amendment promise freedom of religion ifthe state can mandate participation in some event or ceremony that violates the individual’ religious beliefs? About 45 of these bills were introduced in 22 states in the first half of 2017. Debate and litigation continue in an effort to resolve the clash between, religious liberty and equal protection. Transgender Issues How schools and other government institutions handle where transgender citizens go to the restroom or what locker room they use is another area of conflict. Several “bathroom bills” have surfaced at statehouses across the county. ‘Ihe issue has also been addressed at school board meetings and in federal courts. President Obamas Department of Education issued a directive based on an interpretation of language from Title IX to guarantee transgendered. students the right to use whatever bathroom matched their gender identity. President Donald ‘Trumps administration rescinded that interpretation. “The reversal won't change policy everywhere, but it returns to the states and localities the prerogative to shape policy on student bathroom use, at least for now as courts are also examining and ruling on the issue. REFLECT ON THE ESSENTIAL QUESTION Essential Question: How have Constitutional provisions supported and motivated social movements? On separate paper, complete the chart below. Social Movements KEY TERMS AND NAMES. Bostock Clayton County Lawrence u Texas (2003) Defanse of Marriage Act (1996) “Letter from a Birmingham Jal ‘dont ask, don't tel” (1994) National Women's Organization Equal Pay Act (1983) Nineteenth Amencment (1920) equal protection clause Obergefel : Hodges (2015) Equal Rights Amendment (1972) strict scrutiny king Je Martin Luther Tilo (1972) SOCIAL MOVEMENTS AND EQUAL PROTECTION 3533.11 Government Responses to Social Movements “It’s really just a variation on Title VI of the Civil Rights Act of 1964. Instead of ace, color or national origin’ we substituted ‘sex."” Congressional Staffer Bunny Sandler regarding Title 1X, 1972 Essential Question: How has the government responded to social movements? Social movements have challenged the status quo and traditions of society throughout the nation’s history. ‘The inevitable resulting conflicts have often required the government to step in with legislation or a Supreme Court ruling. to settle the matter. ‘the desegregation of public K-12 schools, prevention of discrimination in employment, commercial service, college programs, and voting required the government to step in with legislation or a Supreme Court ruling to settle the matter. Reconstruction and Its Legacy During the Civil War, a Republican-dominated Congress outlawed slavery in the capital city and President Abraham Lincoln issued the Emancipation Proclamation. After the Confederacy surrendered and after Lincolns assassination, Radical Republicans in the Congress took the lead. ‘Three constitutional amendments were ratified to free the slaves (Thirteenth Amendment), to declare African Americans citizens assuring due process (Fourteenth Amendment), and to give African Americans voting rights (Fifteenth Amendment). Defining Equality and Discrimination The Fourteenth Amendment (1868) became the foundation for policy and social movements for equality. The Fourteenth Amendment had a host of provisions to protect freed slaves. It promised US. citizenship to anyone born or naturalized in the United States. Ihe Fourteenth Amendment required states to guarantee privileges and immunities to its own citizens as well as those from other states. The due process clause (see Topic 3.8) ensured all citizens would be afforded due process in court as criminal defendants or in other areas of law. 354° UNITED STATES GOVEANMENT & POLITICS: AP" EDITION‘The amendment’ equal protection clause prohibited state governments from denying persons within their jurisdiction equal protection of the laws. Section 1 of the Fourteenth Amendment is the section used most often in legal cases. It reads: All persons born or naturalized in the United States,and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shal abridge the privileges or immunities of citizens ofthe United States; nor shall any state deprive any person of fe, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection ofthe laws, Fourteenth Amendment, U.S. Constitution Like the other Reconstruction amendments, the Fourteenth Amendment was obviously directed at protecting freed slaves, making them citizens, and ensuring equal treatment from the states. But since neither slaves nor African Americans are specifically mentioned in the amendment, several other groups—women, ethnic minorities, LGBTQ people—have benefitted from it in their search for equality. Criminal defendants have made claims against states to establish new legal standards. Because of the Fourteenth Amendment, children born to US. citizens as well as children born in the United States to immigrant parents—documented or undocumented—are recognized as US. citizens, Federal Actions During Reconstruction Thirteenth Amendment | Outlawed slavery across the United States, trumping the Tenth Amendment's reserved powers tothe states, Fourteenth Amendment | Guaranteed U.S, citizenship to anyone born or naturalized in the United States. The equal protection clause protected individuals’ rights when in other jurisdictions [states) Fifteenth Amendment | Prohibited states from denying the vote to anyone “on account of race, colar, or previous condition of servitude." Civil Rights Act of 1875 | Made i illegal for privately owned places of public ‘accommodation-trains, hotels, and tavernsto make distinctions between black and white patrons. Als, it ‘outlawed discrimination in jury selection, public schools, churches, cometeries, and transportation Civil Rights Cases (1883) | The conservative Court overruled the Civil Rights Act of 1875 and enabled discrimination in commercial affairs. was not violated by segregated public places, claiming “separate but equal” facilties satisfied the Fourteenth ‘Amendment, Segregation and Jim Crow continued for two more generations Plessy v. Ferguson (1886) | The Supreme Court ruled that the equal protection clause | IMENT RESPONSES TO SOCIAL MOVEMENTS 355Circumventing the Franchise ‘The Fifteenth Amendment was passed to guarantee no citizen would be denied the right to vote on account of race. However, many former Confederates and slave owners wanted to return African Americans to second-class status by taking away that right to vote. The South began requiring property or literacy qualifications to vote. Several states elevated the literacy test—a test of reading skills required before one could vote—into their state constitutions. A poll tax—a simple fee required of voters—became one of the most effective ways to tarn black voters away. The grandfather clause, which allowed states to recognize a registering voter as it would have recognized his grandfather, prevented thousands of blacks from voting while it allowed illiterate and poor whites to be exempt from the literacy test and poll tax. The white primary—a primary in which only white men could vote—also became a popular method for states to keep African Americans out of the political process. ‘These state- level loopholes did not violate the absolute letter of the Constitution because they never prevented blacks from voting “on account of race, color, or previous condition of servitude,” as the Fifteenth Amendment prohibits Disenfranchisement, economic reprisals, and discrimination against African Americans followed. States created a body of law that segregated the races in the public sphere. These Jim Crow laws—named after a disrespected character in a minstrel show in which whites performed in “blackface’— separated blacks and whites on trains, in theaters, in public restrooms, and in public schools. The Courts Assert Equality By mid-20" century, the Supreme Court had started to deliver decisions in favor of civil rights groups and their goal of integration. The NAACP (see Topic 3.10) had already filed several suits in U.S. district courts to overturn Plesy v Ferguson (1896), which had provided the justification for K-12 segregation. The group filed suits across the South and found a greater number of willing plaintifis and fewer white reprisals in the border South, With assistance from sociologists Kenneth and Mamie Clark, two academics from New York, the NAACP improved its strategy. In addition to arguing that segregation was morally wrong, they argued that separate schools were psychologically damaging to black children. In experiments run by the Clarks, when black children were shown two dolls identical except for their skin color and asked to choose the “nice doll they chose the white doll. When asked to choose the doll that “looks bad” they chose the dark-skinned doll. With these results, the Clarks argued that the segregation system caused feelings of inferiority in the black child. Armed with this scientific data, allorneys sought strong, reliable plaintiffs who could withstand the racist intimidation and reprisals that followed the filing of a lawsuit. 356 UNITED STATES GOVEANMENT & POLITICS: AP" EDITION2 MUST-KNOW SUPREME COURT CASE: BROWN V. BOARD OF EDUCATION OF TOPEKA, KANSAS (1954) n Before the Court: Do state school segregation laws Violate the equal protection clause of the Fourteenth Amendment? ‘The Decision: Yes, 9:0 for Brown Before Brown: In 1896, the case of Plessy v. Ferguson reached the Supreme Court. In this effort, civil rights activists and progressive attorneys argued that Louisiana's state law segregating train passengers by race violated the Fourteenth Amendment's equal protection clause, na 7:1 decision, the Court ruled that as long as states provided separate but equal facilities, they were in compliance with the Constitution, Facts: Topeka, Kensas, student Linda Brown's parents and several other Aftican ‘American parents similarly situated fled suit against the local school board in hopes of overturning the state's segregation law. Infact, the NAACP had filed similar cases in three other states and against the segregated schools ofthe District of Columbia. The ‘Supreme Court took all these cases at once, and they were together called Brown v Board of Education Reasoning: The petitioners, led by Thurgood Marshall, put forth arguments found in social science research that the racially segregated system did damage to the black child's psyche and instilled feelings of inferiority. The inevitably unequal schools— unequal financially, unequal in convenience of location-—created significant differences between them. Marshall and the NAACP argued that even in the rare cases where black and white facilities and education were the same tangibly, the separation itself was inherently unequal, Infact, part of this strategy resulted in southern governments, and school boards increasing funding late in the game so black and white educational systems would appear equal during the coming court batlles. Black leaders felt true integration was the only way to ever truly reach equality Chief Justice Earl Warren and all eight associate justices agreed and ruled in favor of striking down segregation and overturning Plessy to satisfy the equal protection clause of the Fourteenth Amendment, Brown's unanimous ruling came in part as a result of former politician and current Chief Justice Earl Warren pacing the halls and shaping his majority ‘pinion ashe tried to bring the questionable or reluctant justices over to the majority. ‘Majority Opinion by Mr. Justice Warren: Here, unlike Sweatt v, Painter [a case inwhich the Court ordered the University of Texas Law School to admit a black ‘applicant because the planned “law school for Negroes" would have been grossly inferior], there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other “tangible” factors. Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the "Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education In approaching this problem, we cannot turn the clock back to 1868, when the ‘Amendment was adopted, or even to 1896, when Plessy v. Ferguson was written, We must consider public education in the light of its full development and its present place in American lfe throughout the Nation. Only inthis way can it be determined if segregation in public schools deprives these plaintiffs ofthe equal protection of the laws... IMENT RESPONSES TO SOCIAL MOVEMENTS 357We conclude that, in the field of public education, the doctrine of "separate but equal” has no place. Separate educational facilites are inherently unequal ‘Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection ofthe laws guaranteed by the Fourteenth ‘Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment. Since Brown: The Brown decision of May 17,1954, decided the principle of segregation but did not determine a timeline for when this drastic societal change would happen or how it would happen, So the Court invited litigants to return and present arguments. In Brown 1 the Court determined that segregated schoo! systems should desegregate “with all deliberate speed” and that the lower federal courts would serve as venues to {determine if that standard was met. That is, black parents could take local districts to US. district courts to press for integration. Ittook a decade before any substantial integration occurred inthe Deep South and a ‘generation before black-to-white enrollments were proportional to the populations of their respective school districts Political Science Disciplinary Practices: Analyze and Interpret Supreme Court Decisions: ‘As you read above, Chief Justice Warren wanted to make certain this ruling was Unanimous. He also wanted to make sure that the wording in the ruling was in plain language so that everyone reading it could understand the rationale. The opinion is also relatively brief. You may read the entire opinion, which you can do online at Oyez or other sites. ‘Apply: Complete the following activities. 1. Explain why the Court based its decision on factors other than “the tangible factors in the Negro and white schools” 2, Identify the constitutional clause at issue, and describe the type of evidence on which the NAACP relied to make its case. 3. Explain the reasoning of the Court’s unanimous opinion, 4, Describe the differences between the opinion in Brown and the opinion in Plessy. "he great grandson ofa save, “Thurgood Marshal was leaden shaplng vi rights law well before Re became the first Aican American nti fon the Supreme Cours 1967 358 UNITED STATES GOVERNMENT & POLITICS: AP" EDITIONLegislating Toward Equality As the events of the early 1960s unfolded, President John F. Kennedy (JFK) became a strong ally for civil rights leaders. His brother Robert Kennedy, the nation’s attorney general, dealt closely with violent, ugly confrontations between southern civil rights leaders and brutal state authorities. Robert persuaded President Kennedy to act on civil rights. President Kennedy began hosting black leaders at the White House and embraced victims of the violence. By mid-1963, Kennedy buckled down to battle for a comprehensive civil rights bill. President Kennedy addressed Congress on June 11, 1963, informing the nation of the legal remedies of his proposal. “Ihey involve” he stated, “every American's right to vote, to go to school, to get a job, and to be served in a public place without arbitrary discrimination” Kennedy's bill became the center of controversy over the next year and became the most sweeping piece of civil rights legislation to date. The proposal barred unequal voter registration requirements and prevented discrimination in public accommodations. It empowered the attorney general to file suits against discriminating institutions, such as schools, and to withhold federal funds from noncompliant programs, Finally, it outlawed discriminatory employment practices. THINK AS A POLITICAL SCIENTIST: EXPLAIN HOW A REQUIRED ‘SUPREME COURT CASE RELATES TO A PRIMARY SOURCE Laws can lay the groundwork for later more comprehensive legislation. For example, the Civil Rights Act of 1875 was passed after five years of contentious debate, The law guaranteed equal protection in public accommodations for African Americans. Yet in 1883, the Supreme Court limited the effects of the law by ruling that it applied to government institutions but its application to private individuals and businesses was unconstitutional. Many years later, the Brown v. Board of Education case continued efforts for equality Practice: Read the excerpt below from the Civil Rights Act of 1875, and answer the questions that follow. Section 1. Be it enacted, That all persons within the jurisdiction ofthe United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by lav, and applicable alike to citizens of every race and colar, regardless of any previous condition of servitude. Section 2. That any persons who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, ‘and regardless of any previous condition of servitude, the full enjoyment of any of the ‘accommodations, advantages, facilities, or privileges in said section enumerated, of by aiding or inciting such denial, shal for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby. GOVERNMENT RESPONSES To SOCIAL MOVEMENTS 359)1. What is@ similarity between the Civil Rights Act of 1875 and the decision in Brown v. Board of Education? 2, What events or conditions necessitated the Brown decision after the passage of the Civil Rights Act of 18752 The Turning Tide of Public Opinion By the early 1960s, nationwide popular opinion favored action for civil rights. In one poll, 72 percent of the nation believed in residential integration and a full 75 percent believed in school integration. Kennedy's popularity, however, was dropping his 66 percent approval rating had sunken below 50 percent. The main controversy in his plan was the bill’ public accommodations provision. Many Americans—even those opposed to segregation in the public sphere still believed in a white shop owner's legal right to refuse service to a black patron. But Kennedy held fast to what became known as Title II of the law and sent the bill to Capitol Hill on June 19, 1963. By mid-1963, the national media had vividly presented the civil rights struggle to otherwise unaffected people. Shocking images of racial violence published in the New York Times and national periodicals such as Time and Life were eye-opening. Television news broadcasts that showed violence at Little Rock, standoffs at southern colleges, slain civil rights workers, and Bull Connor's aggressive Birmingham police persuaded some northerners to support the movement. Suddenly the harsh, unfair conditions of the South were very real to the nation. In a White House meeting with black labor leader A. Phillip Randolph and Martin Luther King Jr. President Kennedy reportedly joked when someone criticized Connor: “I don't think you should be totally harsh on Bull Connor. After all, Bull Connor has done mote for civil rights than anyone in this room” President Johnson and the 1964 Civil Rights Act On November 22, 1963, Kennedy was slain by a gunman in Dallas. Within an hour, Vice President Lyndon Baines Johnson (LBJ) of Texas was sworn in as the 36th president. Onlookers and black leaders wondered how the presidential agenda might change. Johnson had supported the 1957 Civil Rights Act but only after he moderated it. Civil rights leaders hadnt forgotten Johnson's southern roots or the fact that he and Kennedy had not seen eye to eye. Fortunately, President Johnson took up the fight. “No memorial oration or eulogy could more eloquently honor President Kennedy's memory Johnson stated to the nation, “than the earliest passage of the civil rights bill for which he fought so long” Days later, on Thanksgiving, Johnson promoted the bill again: "For God made al of us, not some of us, in His image. All of us, not just some of us, are His children.” Johnson was @ much better shepherd for this bill than Kennedy. Johnson, having been a leader in Congress, was skilled at both negotiation and compromise. He had a better chance to gain support for legislation as the 360 UNITED STATES GOVEANMENT & POLITICS: AP" EDITIONfolksy, towering Texan than Kennedy had as the elite, overly polished Ivy League patriarch. Johnson was notorious for “the treatment,” an up close and. personal technique of muscling lawmakers into seeing things his way. Johnson beckoned lawmakers to the White House for close face-to-face persuasion that some termed “nostril examinations” President Johnson (le) was known for geting “Up dos and personal” topush he agenda Hee shown here with Senator Richard Resell (-68) With LBJ’s support, the bill had a favorable outlook. On February 10, after the House had debated for less than two weeks and with a handful of amendments, the House passed the bill 290 to 130, ‘The fight in the Senate was much more difficult, A total of 42 senators added their names as sponsors of the bill. Northern Democrats, Republicans, and the Senate leadership formed a coalition behind the bill that made passage of this law possible, After a 14-hour filibuster by West Virginia’s Robert C. Byrd, a cloture vote was finally taken. (For more on cloture and filibusters, see ‘Topic 2.2.) the final vote came on. June 19 when the civil rights bill passed by 73 to 27, with 21 Democrats and six Republicans in dissent. ‘The ink from Johnson's signature was hardly dry when a Georgia motel owner refused service to African Americans and challenged the law. He claimed it exceeded Congress's authority and violated his constitutional right to operate his private property as he saw fit, In debating the bill, Congress had asserted that its power over interstate commerce granted it the right to legislate in this area. Most of this motel’s customers had come across state lines. By a vote of 9:0, the Court in Heart of Atlanta Motel v. United States (1964) agreed with Congress GOVERNMENT RESPONSES To SOCIAL MOVEMENTS 361KEY PROVISIONS OF THE CIVIL RIGHTS ACT OF 1964 + Requited equal application of voter registration rules (Tite!) + Banned discrimination in public accommodations and public facilities (Titles i and) + Empowered the Attorney General to initiate suits against noncompliant, stil segregated schools (Title IV) + Cut off federal funding fr discriminating government agencies (Tile VI) + Outlawed discrimination in hiring based on race, color, elgion, sex, or national origin (Title Vi) Impact of the Civil Rights Act of 1964 In April 2014, President Barack Obama gave a speech at a ceremony in Austin, Texas, in honor of the 50th anniversary of President Lyndon Johnson’ signing. of the Civil Rights Act of 1964. Obama reminded listeners that LBJ himself had grown up in poverty, that he had seen the struggles of Latino students in the schools where he taught, and that he pulled those experiences and his prodigious skills as a politician together to pass this landmark law. “Because of the laws President Johnson signed,” Obama said, “new doors of opportunity and education swung open .. . Not just for blacks and whites, but also for ‘women and Latinos and Asians and Native Americans and gay Americans and ‘Americans with a disability... And that’s why I'm standing here today.” ‘The Civil Rights Act of 1964 established the Equal Employment Opportunity Commission, which investigates allegations of discrimination in hiring and firing. ‘The law helped set the stage for passage of an immigration reform bill in 1965, which did away with national origin quotas and increased the diversity of the US. population. Senator Hubert Humphrey said before the bill's passage: “We have removed all elements of second-class citizenship from ‘our laws by the Civil Rights Act. We must in 1965 remove all elements in our immigration law which suggest there are second-class people” Instruction in schools in students’ first language, even if it is not English, relates back to the Civil Rights Act of 1964, which prohibits discrimination on the basis of national origin. The Americans with Disabilities Act, passed in 1990, was modeled on the 1964 law and forbade discrimination in public accommodation on the basis of disability. Cases in the news today—from transgender use of bathrooms to wedding cakes for a same-sex couple—relate back to the bedrock provisions of the Civil Rights Act of 1964, Impact on Women's Rights Successes for African Americans’ rights in the 1960s led the way for women to make gains in the following decade. Title IX of the Education Amendments of 1972, which amended the 1964 Civil Rights Act, guaranteed that women have the same educational opportunities as men in programs receiving federal government funding. Two congresswomen, Patsy Mink (D-H) and Edith Green (D-OR), introduced the bill, which passed with relative ease. 362 UNITED STATES GOVEANMENT & POLITICS: AP" EDITION‘The law states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance” ‘This means colleges must offer comparable opportunities to women. Schools don't have to allow females to join football and wrestling teams—though some have—nor must schools have precisely the same number of student athletes from each gender. However, any school receiving federal dollars must be cognizant of the pursuits of women in the classroom and on the |d and maintain gender equity. ‘To be compliant with Title IX, colleges must make opportunities available for male and female college students in substantially proportionate numbers based on their respective full-time undergraduate enrollment. Additionally, schools must try to expand opportunities and accommodate the interests of the underrepresented sex. ‘The controversy over equality, especially in college sports, has created @ conundrum for many who work in the field of athletics. Fair budgeting and ‘maintaining programs for men and women that satisfy the law has at times been difficult, Some critics of Title IX claim female interest in sports simply does not equal that of young men and, therefore, a school should not be required to create abalance. In 2005, the Office of Civil Rights began allowing colleges to conduct surveys to assess student interest among the sexes. Title IX advocates, however, compare procedures like these to the burden of the freedom-of-choice option in the early days of racial integration. Federal lawsuits have resulted in courts forcing Louisiana State University to create women's soccer and softball teams and requiring Brown University to maintain school-funded varsity programs for girls In 1972, about 30,000 women competed in college varsity-level athletics. ‘Today, more than five times that many do, When the US. women’s soccer team, won the World Cup championship in 1999, President Clinton referred to them as the “Daughters of Title IX” Voting Rights Act of 1965 and the Franchise ‘The 1964 Civil Rights Act addressed discrimination in voting registration but lacked the necessary provisions to fully guarantee African Americans the vote. Before World War II, about 150,000 black voters were registered throughout the South, about 3 percent of the region’s black voting-age population. In 1964, African American registration in the southern states varied from 6 to 66 percent but averaged 36 percent. GOVERNMENT RESPONSES To SOCIAL MOVEMENTS 363BY THE NUMBERS Pedant caecU RC Pena Wea een iced 1964 1971 ma 18% 54% ‘Arkansas 2% 8% Georgia 28% 68% Mississippi o% 60% North Caralina a6 23% ‘What do the numbers show? What impact did the 1965 Voting Rights Act have on Back. eter retaton? Which tes had the lowest vote septation Before the law? Which ‘ates experienced the geste incre in eitration Is hee arena end regarding region among these southern states? ‘Twenty-fourth Amendment In 1962, Congress passed a proposal for the Twenty-fourth Amendment, which outlaws the poll tax in any federal, primary, or general election. At the time, only five states still charged such a tax. By January 1964, the required number of states had ratified the amendment. It did not address any taxes for voting atthe state or local levels, but the Supreme Court ruled those unconstitutional in the 1966 Harper v. Virginia Board of Elections case. Citizen Protest in Selma Many loopholes to the Fifteenth Amendment had been dismantled, yet intimidation and literacy tests still limited the number of registered African American voters. Dr. King had focused attention on Selma, Alabama, a town where African Americans made up about 50 percent of the population but only 1 percent of registered voters. Roughly 9,700 whites voted in the town compared to only 325 blacks. 'To protest this inequity, King organized a march from Selma to Alabama’ capital, Montgomery. Alabama state troopers violently blocked the mostly black marchers at the Edmund Pettus Bridge as, they tried to cross the Alabama River. Mounted police beat these activists and fired tear gas into the crowd. Two northemners died in the incident. ‘Again, the media offered vivid images that brought great attention to the issue of civil rights. President Johnson had handily won the 1964 presidential ‘lection, and the Democratic Party again dominated Congress. In a televised speech before Congress, Johnson introduced his voting rights bill, ending with a line that defined the movement: “We shall overcome” ‘The Voting Rights Act was signed into law on August 6, 1965, 100 years after the Civil War. It passed with greater ease than the 1964 Civil Rights Act. ‘The law empowered Congress and the federal government to oversee state elections in southern states. It addressed states that used a “test or device” to determine voter qualifications or any state or voting district with less than 50 percent of its voting-age population actually registered to vote. The law effectively ended the literacy test. 364 UNITED STATES GOVERNMENT & POLITICS: AP" EDITION‘The law also required these states to ask for preclearance from the US. Justice Department before they could enact new registration policies. If southern states attempted to invent new, creative loopholes to diminish black suffrage, the federal government could stop them, REFLECT ON THE ESSENTIAL QUESTION Essential Question: How has the government responded to social movements? On separate paper, complete the chart below. ‘Government Response to Social Effects of the Government's Action ‘Movements KEY TERMS AND NAMES. Brown Board of Education (1984) poll taxos Civil Rights Act of 1875, “soparate but equal” Civil Rights Act of 1964 Thirtoonth Amendment (1865) Civil Rights Cases (1883) Tile (Civil Rights Act of 1964) equal protection clause Tilo IX (Educational Amondments Act Fifteenth Amendment (1870) of 1972) Fourteenth Amendment (268) Voting Rights Act of 1965, grandfather clause ‘Twonly-feurth Amendment (1984) si Crow laws primary literacy test white fight Plessy » Ferguson (1890) Soure: Getty ages “The recent concer oer cil rights velation led oprtets headed by Black Lives Matter 1 2020, 5 many a 2 milion people participated in protests End cul disobedience This ‘ovement was ignited by the Filing of Afian Arsericans by police, making Black Lives Matter one of the age sil movements in US. history GOVERNMENT RESPONSES To SOCIAL MOVEMENTS 365)3.12 Balancing Minority and Majority Rights the will of the majority isin all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect and to violate would be oppression” thomas levferson, Fist Inaugural Address, 1801 Essential Question: How has the Supreme Court allowed the restriction of the civil rights of minorities and at other times protected those rights? A constittional democracy, such a the United Stats, is founded on the concept of majority rule. Without protections of minority rights, tyranny and oppression can develop. The framers saw the need for upholding the will of the people while still preventing possible abuses of power. When tension between those with power and those without power arises, the court system is often left to determine whose rights will be protected. Desegregation During and after Reconstruction, policymakers continued to draw lines between the races, They separated white and black citizens on public carriers, in public restrooms, in theaters, and in public schools. Jim Crow laws (see ‘Topic 3.11) had become the accepted practice in many southern states to guarantee segregation, “Separate but Equal” Institutionalized separation was tested in Plessy v. Ferguson (1896). Challenging Louisiana's separate coach law, Homer Adolph Plessy, a man with one-eighth African blood and thus subject to the statute, sat in the white section of a train, He was arrested and convicted and then appealed his conviction to the Supreme Court. His lawyers argued that separation of the races violated the Fourteenth Amendment's equal protection clause. ‘The Supreme Court saw it differently, however, and sided with the state’ right to segregate the races in public places, claiming “separate but equal” facilities satisfied the amendment, One lone dissenter, Justice John Marshall Harlan, decried the decision (as he had in the Civil Rights Cases) as a basic violation of the rights of freed African Americans. Harlan’s dissent was only 4 minority opinion. Segregation and Jim Crow continued for two more generations. 366 UNITED STATES GOVERNMENT & POLITICS: AP" EDITIONFulfilling the Spirit of Brown ‘The Brown v, Board of Education decision overturned the separate but equal doctrine and started desegregating schools in the 1950s and early 1960s. Soon, interest groups and civil rights activists questioned the effectiveness of the Brown decision on schools across the nation. The ruling met with varying degrees of compliance from state to state and from school district to school district. Activists and civil rights lawyers took additional cases to the Supreme Court to ensure both the letter and the spirit of the Brown ruling. From 1958 until the mid-1970s, a series of lawsuits—most filed by the NAACP and most resulting in unanimous pro-integration decisions—brought greater levels of integration in the South and in cities in the North. ‘Tae Brown ruling and the Brown II clarification spelled out the Court's interpretation of practical integration, but a variety of reactions followed. ‘The so-called “Little Rock Nine’—African American students who would be the first to integrate their local high school—faced violent confrontations as they entered school on their first day at Central High School in 1957. School officials and the state government asked for a delay until tempers could settle and until a safer atmosphere would allow for smoother integration. The NAACP countered in court and appealed this case to the high bench. In Cooper v. Aaron (1958), the Court ruled potential violence was not a legal justification to delay compliance with Brown. In other southern localities, school administrators tried to weaken the impact of the desegregation order by creating measures such as freedom-of- choice plans that placed the transfer burden on black students seeking a move to more modern white schools. Intimidation too often prevented otherwise willing students to ask fora transfer. In short, “all deliberate speed” had resulted in a deliberate delay. In 1964, only about one-fifth of the school districts in the previously segregated southern states taught whites and blacks in the same buildings. In the Deep South, only 2 percent of the black student population had entered white schools. And in many of those instances, there were only one or two token black students who had to stand up to an unwelcoming school board and face intimidation from bigoted whites. Rarely did a white student request a transfer to a historically black school. Clearly, the intention of the Brown ruling had been thwarted. BALANCING MINORITY AND MAJORITY RIGHTS 367Balancing Enrollments By the late 1960s, the Court ruled the freedom-of-choice plans, by themselves, an ‘unsatisfactory remedy for integration. The Supreme Court addressed a federal district judge’ solution to integrate a North Carolina school district in Swann ¥. Charlotte-Mecklenburg (1971). The judge had set a mathematical ratio as a _goal to achieve higher levels of integration. The districts overall white-to-black population ratio was roughly 71 to 29 percent. The district judge ordered the school district to assign students to schools across the district to roughly reflect the same proportion of black-to-white student enrollment in each building, The Supreme Court later approved his decision and thus sanctioned mathematical ratios to achieve school integration in another unanimous decision. ‘The Swann opinion ended a generation of litigation necessary to achieve integration, but it did not end the controversy. A popular movement against busing for racial balance sprang up as protesters questioned the placement of students at distant schools based on race. Though the constitutionality of busing grew out of a southern case, cases from Indianapolis, Dayton, Buffalo, Detroit, and Denver brought much protest, Those protests included efforts to sabotage buses as well as seek legal means to stop similar rulings. The antibusing movement grew strong enough to encourage the US. House of Representatives to propose a constitutional amendment to outlaw busing for racial balance, though the Senate never passed it. White parents in scores of cities transferred their children from public schools subject to similar rulings or relocated their families to adjacent suburban districts to avoid rulings. This situation, known as white flight, became commonplace as inner cities became blacker and the surrounding suburbs became whiter. Source: A. Owe, Qty mages President Dwight Eisenhower dipached the 101s Akborne Divison to Arkansas to escort Afian Ameriean students int Lite Rec’ Ceteal High Schoo, exeeting + ovr onder to deseregte 368 UNITED STATES GOVERNMENT & POLITICS: AP" EDITIONDato co Praca ecu Saeed Percent of African Americans Attending Schools with Whites ‘South | Alabama 003 ‘Arkansas oat Florida 265 Georgia a7 Louisiana 12. Mississippi 0.02 North Caralina 1a ‘South Carolina 010 Tennessee 5.33 Texas 726 Virginia 507 Border | Delaware 578 De 860 Kentucky 625 Maryland sur Missouri 4a ‘Oklahoma 3u7 West Virginia a8 ‘What do the numbers show? What percentage of Atican American stadens tended with whles? How effective was the Brow rung in lneyating [Previously seprepaed schols! What sates reached the highest integration Tevet Describe the factors that kept the percentage of Affican Americans in teadtonaly white schoals ow In an attempt to mandate racial integration across adjacent districts, the NAACP tried to convince the Supreme Court to approve a multidistrict integration order from the Detroit area that otherwise followed the Swann model, The Court stopped short of approving this plan (by a close vote of 5:4) in its 1974 ruling in the Detroit case of Milliken v. Bradley, noting that if the district boundaries were not drawn for the purpose of racial segregation, therefore, interdistrict busing is not justified by the Brown decision, In his dissent, former NAACP attorney and then current justice on the Supreme Court, ‘Iburgood Marshall wrote, “School district lines, however innocently drawn, will surely be perceived as fences to separate the races when . .. white parents withdraw their children from the Detroit city schools and move to the suburbs in order to continue them in all-white schools” BALANCING MINORITY AND MAJORITY RIGHTS 369THINK AS A POLITICAL SCIENTIST: COMPARE THE OPINION OF A REQUIRED SUPREME COURT CASE TO A NON-REQUIRED CASE It took many years and numerous Supreme Court cases to get public schools to fully comply with integration required by the Brown decision. In one such case, Cooper v. Aaron (1958), the school board and superintendent of the Eastern District of Arkansas asked that integration plans be stalled for two and a half years to guarantee the safety of students. The district court granted the request, but the U.S. Court of Appeals reversed the decision. The Supreme Court then, held that the supremacy clause required the state to abide by the Brown ruling, and Justice Frankfurter wrote a concurring opinion to the per curiam decision. Practice: Read the opinion from Justice Frankfurter and answer the question below. By working together, by sharing in a common effort, men of different minds and ‘tempers, even if they do not reach agreement, acquire understanding and thereby tolerance oftheir differences. This process was under way in Little Rock, The detailed plan formulated by the Little Rock School Board, inthe light of local circumstances, had been approved by the United States Distriet Court in Arkansas as satisfying the requirements of this Court's decree in Brown v. Board of Education. ... the right of ‘colored children to the equal protection ofthe laws guaranteed by the Constitution, ‘Amend. 14, had peacefully and promisingly begun, The condition in Little Rock before this process was forcibly impeded by those in control ofthe government of Arkansas ‘was thus described by the District Court, and these findings of fact have not been controverted: Up to this time, no crowds had gathered about Central High School and no acts of, violence or threats of violence in connection with the carrying out ofthe plan had ‘occurred. Nevertheless, out of an abundance of caution, the school authorities had ‘frequently conferred with the Mayor and Chief of Police of Little Rock about taking ‘appropriate steps by the Littie Rock police to prevent any possible disturbances or acts of violence... On the few tragic occasions in the history of the Nation, North and South, when law was forcibly resisted or systematically evaded, it has signaled the breakdown ‘of constitutional processes of government on which ultimately rst the liberties of all, Violent resistance to law cannot be made a legal reason for its suspension without loosening the fabric of our society, What could this mean but to acknowledge that disorder under the aegis [authority] ofa State has moral superiority over the law of the Constitution? For those in authority thus to defy the law ofthe land is profoundly ‘subversive not only of our constitutional system, but of the presuppositions of a ‘democratic society The State "must... yield to an authority that is paramount to the State” 1. What are Justice Frankfurte's reasons for the Court decision? 2, How do these reasons support the decision in Brown v Board of Education? 370 UNITED STATES GOVERNMENT & POLITICS: AP" EDITIONElectoral Balance ‘The Voting Rights Act of 1965 (see Topic 3.11) was the single greatest improvement for African Americans’ access to the ballot box. By 1967, black voter registration in six southern states had increased from about 30 to more than 50 percent, African Americans soon held office in greater numbers. Within five years of the law's passage, several states saw marked increases in their numbers of registered voters. The original law expired in 1971, but Congress has renewed the Voting Rights Act several times, most recently in 2006. Section 2 of the Voting Rights Act of 1965 further requires that voting districts not be drawn in such a way as to “improperly dilute minorities’ voting power.” ‘Ihe Supreme Court in Thornburg v. Gingles (1982) determined that recently drawn districts in North Carolina “discriminated against blacks by diluting the power of their collective vote,” and the Court established criteria for determining whether vote dilution has occurred, The Court also ruled that majority-minority districts—voting districts in which a minority race or group of minorities make up the majority—can be created to redress situations in which African Americans were not allowed to participate fully in elections, a right secured by the Voting Rights Act. cup of the Court changed, the Court has revised its position. The Court ruled in 1993 in Shaw v. Reno that if redistricting is done on the basis of race, the actions must be held to strict scrutiny in order to meet the requirement of the equal protection clause, yet race must also be considered Voter ID Laws in Effect in 2018 Eontrnce of a [EBB ree omnamsnonanest [—] noo mnunsso ree ZZ voronto meno BALANCING MINORITY AND MAJORITY RIGHTS 377to satisfy the requirements of the Voting Rights Act, bringing into question the “colorblind” nature of the Constitution. Justice Blackmun, in his dissent to Shaw v. Reno, noted that “[i}tis particularly ironic that the case in which today’s majority chooses to abandon settled law ... isa challenge by white voters to the plan under which North Carolina has sent black representatives to Congress for the first time since Reconstruction” ‘The Court once again interpreted the law, upholding the rights of the majority, in its 2017 ruling in Cooper v. Harris, by determining that districts in North Carolina were unconstitutionally drawn because they relied on race as the dominant factor. REFLECT ON THE ESSENTIAL QUESTION Essential Questions: How has the Supreme Court allowed the restriction of the civil rights of minorities and at other times protected those rights? On separate paper, complete the chart below. Restrictions of Minority Rights Protections of Minority Rights KEY TERMS AND NAMES Brown v. Board of Education (1954) Plessy Ferguson (1896) equal protection clause "separate but equ sedom-o-choice plans ‘Swann w Charlatte-Mecklenburg (1970) ‘cts majority-minority di ‘Soares: mesa Commons Associate Justice John Marshall Haran (shown here ‘in 1859) wrote the sole set in Pes Ferguson “in heey ofthe la there is inthis country no superior dominant, ruling clas of chizens. Theres na castehere “Our constiutin is csorbind and nether knows not tolerate cases among chiens. In respect of

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