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Chapter 5
Equality through LawThe Fourteenth Amendment: equal protection
Equal-protection clause forbids states from denying equal protection
Segregation in the schoolsBrown v. Board of Education of Topeka—banned forced
segregation in schoolsLittle change to segregation 15 years laterSupreme Court encouraged busing as solution to
segregation; highly controversial, mixed results
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Equality through LawJudicial tests of equal protection
Strict-scrutiny test Suspect category—assumed unconstitutional in the absence of an
overwhelming justification Applies to race, ethnicity, etc.
Intermediate scrutiny Almost suspect —assumed unconstitutional unless the law serves
a clearly compelling and justified purpose; applies to gender
Reasonable-basis test Not suspect category—assumed constitutional unless no sound
rationale for the law can be provided; applies to age, income, etc.
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Equality through LawThe Civil Rights Act of 1964
Accommodations and jobs Public accommodations cannot refuse to serve customers based
on race Most employers cannot refuse to consider applicants based on
race
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Equality through LawThe black civil rights movement
Impetus behind Civil Rights Act of 1964Busing boycott led by Dr. Martin Luther King Jr.March on Washington for Jobs and FreedomStrong resistance to Civil Rights Act, but ultimately
successful
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Equality through LawThe movement for women’s rights
Seneca FallsWomen acquire the right to vote in 1920 with Nineteenth
AmendmentThe Equal Rights Amendment: passed Congress but failed
ratification by states
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Equality through LawHispanic Americans and the farm workers’ strikes
Strikes in 1960s and 70s, largely for migrant workers’ rights; most success in California
Native Americans and their long-delayed rightsGranted citizenship in 1924Protests in 1970s; greater control over own affairs1968 Indian Bill of Rights
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Equality through LawAsian Americans and immigration
Long tradition of immigration restriction, ended 1965Some legal victories in field of education
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Equality through LawThe Voting Rights Act of 1965
Barring of whites-only primaries, 1940sTwenty-fourth Amendment prohibited poll taxes, 1960sVoting Rights Act of 1965 allowed federal agents to
oversee voter registrationStates prevented from creating election districts that
deliberately dilute the minority vote, or to give it control
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Equality through LawThe Civil Rights Act of 1968
Housing Prohibition of redlining
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What’s Your Opinion?Should private discrimination be allowed?
Should private country clubs and organizations be allowed to discriminate based on: Religion, race, color, ethnic background? Gender, age, income? Physical characteristics, sexual preference, lifestyles?
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Equality through LawAffirmative action
Focus on “equality of result”De facto discrimination
Social, economic, cultural biases—discrimination
De jure discrimination Specific law—discrimination
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Equality through LawAffirmative action
Full and equal opportunities for all in education, employment, etc.
Controversy over ends and meansAffirmative action in law
University of California Regents v. Bakke (1978) Adarand v. Pena (1995)
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What’s Your Opinion?Which position on affirmative action programs comes
closer to your own point of view?Keep them without rigid quotas?Phase them out?Don’t know or have an opinion?
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The Continuing Struggle for EqualityAfrican Americans
Aftermath of the civil rights movement Continuing high disparity in income Discrepancies in convictions and sentencing High rate of dissolution of black families Movement into political office
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The Continuing Struggle for EqualityWomen
Electoral and political successesJob-related issues
Lack of job equality Family leave Gender pay equity Sexual harassment “Feminization of poverty”
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The Continuing Struggle for EqualityNative Americans
Suits to regain landNegative discrepancy in health, wealth, and educationCasinos; rising income but controversial
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The Continuing Struggle for EqualityHispanic Americans
Immigration and legal residence issuesFastest growing minority; electoral success
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The Continuing Struggle for EqualityAsian Americans
About 12 million Asian AmericansEmphasis on academic achievement in Asian American
communitiesUpwardly mobile group
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The Continuing Struggle for EqualityGays and lesbians
Legal victories: Romer v. Evans, Lawrence v. TexasDon’t Ask, Don’t Tell Repeal Act in 2010: gays and
lesbians can now serve openly in the armed services
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The Continuing Struggle for EqualityGays and lesbians
Legal setbacks: Boy Scouts exclusion policy upheldSame-sex marriage legal in some states, but federal Defense
of Marriage Act (DOMA) allows states to deny marital rights granted by other states
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The Continuing Struggle for EqualityOther disadvantaged groups
Older Americans Age Discrimination Act and Age Discrimination in Employment
Act
Disabled Americans Americans with Disabilities Act
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Discrimination: Surface Differences, Deep DivisionsAmerica’s high ideals often clash with its historyFrequent tendency or desire to avoid retelling the negative
aspects of American history
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