Chapter 5

regents of the university of California v. Bakke

Bakke was a white man who brought a suit against the university of California at Davis Medical School on the grounds that in denying him admission, the school had discriminated against him on the basis of race, he argued that he wasn't accepted b/c he was white and others that were accepted were black or latino, in 1978, Bakke won the case and was admitted into the medical school, but the court stopped short of declaring affirmative action unconstitutional, the court accepted the argument that achieving a diverse student body as a compelling public purpose but found that the method of a rigid quota of student slots assigned on the basis of race was incompatible with the 14th amendment's equal protection clause

DACA

Dept. of Homeland Security instituted its own policy that instructs immigration officials to take no action to deport law-abiding individuals who entered the US illegally as children (Deferred Action for Childhood Arrivals)

how much do women earn for every dollar a man makes

79 cents

Seneca Falls

Elizabeth Cady Stanton, Lucretia Mott (1848) drew 300 delegates to formulate plans for advancing the politcal and social rights of women created the declaration of sentiments, NY passed the Married Women's Property Act in order to restore the rights of married women to own property

Pearl Harbor

Japanese residents were suspected of disloyalty

What was the alternative to racism in place of slavery

Jim Crow

civil rights act

US Constitution on civil rights to study abuses in 1957, 14th amendment to the constitution adopted almost a century earlier could no longer be disregarded particularly with regard to voting in 1960, equal pay act of 1963 concerned with women did not touch the question of racial discrimination and had no enforcement mechanisms, civil rights act

when did real segregation take place

after much boycotts and protests, and legislation (Civil Rights Act of 1964, Voting Rights Act 1965, Fair employment act of 1968)

types of discrimination

age limits, wealthy via progressive income tax (are forms of discrimination constitutional?)

Don't ask, don't tell

allowed gay men and women to serve in the military

scrutiny

classification for things like race, religion, gender, serious constitutional questions (3 tired approach that places greater burden of proof on the gov. to defend some types of classificatory schemes than others

problem with title VII

complaining that the party had to show discrimination was cause of failure to get a job or training, so the courts allowed aggrieved parties or plaintiffs to make their case if the can show that an employer's hiring practices had effect of exlusion

Japanese American citizenship in WWII

confined to interment camps

Asian Americans 1870

congress declared them ineligible for citizenship

Lawrence v. Texas (2003)

court overturned Bowers and struck down Texas statute criminalizing certain intimate sexual conduct between consenting partners of the same sex, does not undo the various exlusions

Bowers v. Hardwick

court ruled against a right to privacy that would protect consensual homosexal activity, after, the gay rights movement sought suitable legal cases to test the constitutionality of discrimination against gay men and lesbains as much as black civil rights movement had done in late 40's and 50's

shelley v. Kraemer

court ruled against widespread practice of restrictive covenants whereby the seller of a home added a clause to the sales contract requiring buyer to agree never to sell the home to any non-caucasion, non-christian, it should be enforced since the 14th amendment prohibts any part of the state including the couts from denying equal protection of its laws

The fact that a gap remains shows that there is a problem. Robert Hohman

differences in education, experience, age, location, job, industry, company, research reveals that gender pay gap in the US amounts to women earning 94.6 cents per dollar compared to men. It still exists even after compare male-female worker pay at job title company levels

Legal Defense Fund

disability movement founded a disability rights education and defense funds to press its legal claims, it achieved its greatest success with the passage of the Americans with Disabilities Act of 1990

civil rights act of 1964

discrimination against employees such as layoff, women, schools, was fully enacted 10 yrs after the supreme court had declared racial discrimination inherently unequal under the fifth and 14th amendments, and long after blacks had demonstrated that discrimination was no longer acceptable

equal pay act of 1963

discrimination for pay on basis of gender was made illegal

1972

the gap between black and white registration in the 7 states was only 11.2 points and in Missississippi had attempted to dilute the influence of this growing black vote by gerrymandering districts to ensure that no blacks would be elected to congress

cultural norms: women

mothers (need flexible schedule), fear of discrimination for higher-paying positions, occupational differences are affected by gender bias, no matter how much we try to have both sexes go for science or technical careers the gender gap still exists and closing it would mean paying attention to all the ways that women make choices about their careers and the inequities they can experience after they make them

why does pay gap persist

narrowed more slowly: in later years women have not done a better job closing the gap the pay gap widened as they continued with career

NOW

national Organization for Women invovled in picketing EEOC for its refusal to ban sex-segregated employment advertisements

NAACP

national association for advancement of colored people established in 1909 by WEB Du Bois

political equality comes to a hault

national gov. withdrew troops from south and turned its back on African Americans in 1877

does the 14th amendment require that everyone be treated equally

no

fair housing act

not addressed in civil rights but in 1968 congress passed another civil rights act specifically to outlaw housing discrimination - had little effect on housing segregation because its enforcement mechanisms were so weak, several laws passed in the 1970s required banks to report info. about their mortgage lending patterns, making it more difficult for them to engage in redlining, today racial discrimination remains a significant issue in home mortage lending offering loans well above market rates

civil rights

obligation imposed on gov. to take positive action to protect citizens from any illegal action of gov. agencies and of other citizens

13th amendment

one of 3 amendments; abolished slavery

14th amendment

one of 3 civil war amendments; it guranteed equal protection clause and due process

Asian Americans 1790

only white aliens were eligible for citizenship

Development, Relief, Education Act for Alien Minors

or the DREAM ACT- first introduced to congress in 2001 which provides a route to permanent residency for such individuals via military service or college attendence, has been defeated due to the fear that it would encourage illegal immigration

proposition 209

outlawed affirmative action programs in the state and local governments of cali thus prohibiting those gov. from using race or gender preferences in their decisions for hiring, contracting or university admissions, framed civil rights initiative: states shall not discriminate against or grant preferential treatment to any individual or group on the basis of race, sex color, ethnicity, or national origin

1973 Rehabilitation Act

outlawed discrimination against individuals on the basis of disabilities, helped individuals to give rise to the movement demanding rights for disabled,

literacy tests and Voting Rights Act

outlawed literacy tests in all 50 states and mandated bilingual ballots or oral assistance for those who speak Chinese, Japanese, Korean, Spanish

equality in employment

pay discrimination on the basis of gender, was common in the 60's,

gay rights movement 1969

popular gay bar rioted when police attempted to raid the establishment

redlining

practice of refusing to lend entire neighborhoods, banks refuse to make loans to people living in certain geographic locations

Human Rights Campaign

primary national committee (PAC) focused on gay rights, it provides campaign financing and volunteers to work for political canidates endorsed by the group, it also form legal-rights organizations including Lambda Legal Defense Education fund and Education fund

title VII

provided valueable tool for growing women's movement in 60's and 70's, law fostered growth of the women's movement

equal protection clause

provision of the 14th amendment guaranteeing citizens the equal protection of the laws. This clause has been the basis for civil rights of african americans, and other groups

southern strategy for one massive resistance didn't work

pupil placement laws- placed each person in a school based on academic personal and psychological considerations and never mentioning race at all but this put a burden of transferrring an all-white school on the nonwhite children and parents making it near impossible for a single court order to cover a whol district let alone a state. this delayed segregation awhile longer

highest form of scrutiny given to discrimination

race- question compliance with the 14th amendment

busing

racial quotas used as a starting point in shaping a emedy to correct past constitutional violations and that pairing or grouping schools and reorganizing school attendance zones would also be acceptable supreme court in 1971 held that state imposed desegregation could be brought about by busing children across school districts but quotas would be used in special circumstances, 3 yrs. later though this principle was restricted and if cities were found guilty of deliberate and de jure racial segregation would have to desegregate their schools, and exempted busing b/c school segregation in northern cities is generally the de facto result of segregated housing and thousands of acts of private discrimination against blacks

Rosa Parks bus boycott

refused to give up her seat for a white man and became a civil rights icon

dred scott v. stanford

scott was a slave that had been taken by his owner to the free states of illinois and wisconsin where slavery was forbidden by 1820 Missouri Compromise. He sued for his freedom, arguing that his residence in a free territory mean he was free man but the court disagreed holding that slaves and all blacks were not citizens of the US. Scott had no due process rights b/c as a slave his master's permanent property resulted in events lead up to the civil war such as John Brown's bleeding Kansas and ultimately splitting the country in half as the south seceded from the union

questioned type of discrimination

sex: intermediate scrutiny b/c gov. must show only that the difference in treatment is due to an important gov. objective but the supreme court uses same standard judge sex as it would with race

Title VII of 1964 Civil Rights Act

sexual harrassment is a form of sexual discrimination, creates hostile environment, psychological costs, remains an issue today and that it is systemic

gay rights movement 1993

should gays be allowed to serve in the military

school desegregation phase 1

south-massive resistance (maintain segregated schools) but were struck down as unconstitutional but they wer not confined to legislation

before wwii

stricter regulations of equal facilities in the separate but equal rule

Lau v. Nichols

suit filed on behalf of Chinese students in San Francisco that school districts have to provide education for students whose English is limited, it did not mandate bilingal education but it established a duty to provide instruction that the students could understand, native americans also benefitted

1991

supreme court decision holding that lower federal courts could end supervision of local school boards if they could show good faith compliance with court orders to desegregate and could show that vestiges of past discrimination had been elminated to the extent particable

setback in 2007 for equal pay for both genders

supreme court rule against a claim of pay discrimination (Ledbetter v. Goodyear Tire and Rubber Co)

section 3 of the federal defense of marriage act (DOMA)

supreme court ruled that it violated equal liberty of persons under the fifth amendment in denying thousands of federal benefits married same-sex couples

plessy v. ferguson

supreme court upheld legal separation and created separate but equal rule which fostered national segregation. overt discrimination in public accomodations was common

2004 same-sex marriage victory

supreme judicial court of Massachusetts ruled

suffrage activism as a result of Kansas failure in 1867

susan b. anthony in 1872- were arrested for illegally registering and voting year's election

Chinese Exclusion Act of 1882

suspended entry of Chinese laborers

intermediate scrutiny

test used by supreme court in gender discrimination cases that places the burden of proof partially on gov. and partially on challengers to show that the law in question is unconstitutional

strict scrutinity

test used by supreme court in racial discrimination cases and other cases involving civil liberties and civil rights places burden of proof on gov. rather than on challengers to show that the law in question is constitutional used in Brown v. Board

How to remedy discrimination

(affirmative action: includes gov. policies that seek to redress past injustices against specified groups and these policies make a special effort to provide members of these groups with access to educational and employment opportunities )-can be interpretted as taking spots or preferring one group over another (reverse discrimination)

social protest after brown

1 percent of black students attended all white schools and increased tensions and civil rights demonstrations

brown v. board was small opening move for strict scrutiny

1. most states refused to cooperate until sued and many schemes were employed to delay obedience such as paying tuition for white students to attend new private academies 2. even southern school boards began to cooperate by legally enforcing de jure school segregation (south), and de facto school segregation (in north and south) as a consequene of radically segregated housing that could not be addresed by brown principles 3.discrimination in employent public accomodations, juries oting and other areas of social and economic activity were not directly touched by brown

civil rights act gave

1. president through the justice department's office for civil rights the power to withhold federal education grants 2. attourney general of US to iniate suits whenever there was a practice of discrimination

universities continue to take minority status into consideration, but severely limited the use of quotas to situations in

1. previous discrimination had been shown 2.where quotas were used more as a guideline for social diversity than as a mathematically defined ratio

why has the pay gap narrowed

1. women take higher positions, more educated 2. men earnings have fallen 3. discriminatory practices eroded 4. but gap persists

voter ID laws

30 states enacted legislation requiring voter s to show some positive identification at the polls. republicans say they are good b/c they protect against voter fraud, democrats oppose this b/c they are burdensome to poor and minority voters

which amendments appeared to gurantee equality based on race?

13, 14th, 15th

civil war amendments to the constitution

13th amendment, 14th amendment, 15th amendment

women's suffrage

1886- used the constitution's centennial in 1887 to protest the continued denial of rights, many states granted women's suffrage before gov. did and the national woman suffrage association in 1890 was created

when did the status of Native Americans' noncitizenship change

1924-congressional legislation granted citizenship to all persons born in the US

Mendez v. Westminster case

1931- lulac chalenged texas school district's decision to establish separate schools for anglos and mexicans

brown v. board of education

1954 supreme court decision that struck down the separate but equal doctrine as fundamentally unequal; this case eliminated state power to use race as a criterion of discrimination in law and provided the national gov. with the power to intervene by exercising strict regulatory policies against discriminatory actions. it altered constitutional framework: states no longer had power to use race as a criterion of discrimination in law, national gov. had power to intervene w/ strict regualatory policies against discriminatory actions of state or local gov, school boards, employers and many others in private sector

when did gay rights movement begin

1960s

cesar chevez

1960s: political mobilization from United farm workers union, mexican workers were poorly paid and lacked basic rights for fair treatment

voting rights

1965 significantl strengthened voting right by barring literacy tests as a condition for ovting six southern states abolished poll tax in 1964, 1975: permanently outlawing literacy tests

proposition 187

1994 denying unathorized immigrants services except emergency medical care, but was declared unconstitutional holding that previous rulings that unauthorized immigrants should be granted public education and failed in the face of opposition from conservatives who dislike the provision b/c it created a path to legal citizenship, liked by liberal who disapproved of the guest worker program

organizing for equality

African Americans built organizations that devised strategies for asserting constitutitonal rights: NAACP, women's suffrage

link to abolitionist movement and women's rights

Frederick Douglass came to Senecca Falls-Stanton and Mott- had been linked to the temperance movement (alcohol abuse closely linked to male abuses of women)

Treaty of Guadelupe 1848

Mexico ceded to the US territory that now comprises Arizona Cali, New MExico, and parts of Colorado Nevada, Utah, extending texas border to Rio Grande

Compromise of 1877

Rutherford B. Hayes became president after disputed election in exchange and northern republicans who supported president dropped their support for civil liberties and political participation of african americans and invented the jim crow system

federal cooperation with local and state law enforcement agencies to enforce federal immigration laws

another issue about undocumented immigrants (immigrant sweeps to legal citizens during Bush administration) , states near or on Mexican border passed very strict immigration laws

United States v. Wong Kim Ark

anyone born in the US was entitled to ful citizenship but they were still barred from the US until 1943 after China had become a key wartime ally and congress repealed the Chinese exclusion act and permitted chinese residents to become citizens

first level

applied by courts to most state and federal regulatory schemes, such as motor vehicle and occupational licensing, laws setting a minimum age for purchase alcohol, apply the rational basis test, the burden of proof is on the plaintiff to show that there is no rational basis whatsoever for gov. rules

gerrymandering

apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party

massive resistance and little rock (1957)

arkansas national guard interceded against enforcement of federal court order to integrate little rock central high school and president eisenhower was compelled to deploy US troops and place the city under martial law but a right was at issue. Little rock confrontation was so historically important that the opinion it rendered in that case was not only agreed to unanimously but was unprecidendely signed personally by every one of the justices, and this resulted in another strategy of south

Asian Americans 1850

arrived in California for the gold rush

after wwii

based on the activities of NAACP, civil rights movement gained momentum, segregation in public school was unconstitional in the Brown vs Board of education in 1954 but there was resistance to this and south tried to block this

Lily Ledbetter fair pay act

became first bill that president obama signed to equalize pay for both genders

disabled Americans

began in the 1970s

Indian Self-Determination and Education Assistance Act

began to give Native Americans more control over their own land

1960s Native American political action

began to use protest, litigation and assertion of tribal rights to improve their situation

abolitionists

believed slavery was morally wrong and movement spread quickly

gratz. v. Bollinger

bollinger president of university of michigan challenged university of michigan's undergraduate admissions policy and practices, alleging that by using a point-based ranking system that automatically awarded 20 pts. out of 150 to African American, Latino, Native American applicants, the university discriminated unconstitutionally against white students of otherwise equal or superior academic qualifications and the supreme court agreed

abolitionist movement: south and north movement

both held very racist beliefs about slaves, but slavery was abolished in the north because of manufacturing-north reaped the benefits of slavery in $$$

Japanese Americans 1880

came to California and were denied citizenship

Immigration Reform and Control Act of 1986

civil rights violations that were opposed by Latino organizations b/c it imposed sanctions on employers who hire undocumented workers, and feared that they would lead to employers to discriminate against counting office that found employer sanctions had created a widespread pattern of discrimination against Latinos

separate but equal

doctrine that public accomodations could be segregated by race but still be considered unequal

declaration of sentiments

document stating the ways men have denied women's rights

LULAC, GI forum

earliest Mexican American political organization (league of United latin American citizens) 1929 worked to eliminate discrimination and segregation of Mexican American students

Romer v. Evans

explicitedly extended fundamental civil rights protections to gay men and lesbains by declaring a 1992 amendment to the Colorado state constitution unconstitutional, it prohibited local governmeents from passing ordiances to protect gay rights. (highlighted connection between gay rights and civil rights)

Native American citizenship in the 1930s

federal decision to encourage native americans on reservations to establish local self-gov.

Civil Liberties Act of 1988

federal government formally acknowledge denial of civil rights as grave injustice of political leadership

equal rights amendment

from the building on of victoires and growth of women's movement, stated that equality of rights under the law shall not be denied or abridged by the US or by any State on account of sex

boarding schools by Bureau of Indian Affairs

members of Native American tirbes were forbidden to speak their own languages until reforms in the 1930s

adarand Constructors v. pena

further weakened affirmative action-race-based policies such as preferences given by the government to minority contractors, must survive strict scrutiny, placing burden of government to show that such affirmative action programs serve a compelling government interest and narrowly tailored to address identifiable past discrimination.

after wwii

gov. had no clear constitutional authority to pass and implement civil rights legislation

affirmative action

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities

Grutter v. Bollinger

grutter sued law school on the grounds that it discriminated in a race-conscious way against white applicants with equal or superior grades and law boards, justice powell argued that diversity in education is a compelling state interest, and race could be constitutionally considered as a plus factor in admissions decisions, court reiterated powell's holding and applying strict scrutiny to the law school's policy, found that the law school's admission process was narrowly tailored to the school's compelling state interest in diversity because it gave a highly individualized, holistic review of each applicants file in which race counted but was not a mechanical way, court's ruling that racial categories can be deployed to serve a compelling state interest put affirmative action on stronger ground,

Americans with Disabilities Act of 1990

guarantees equal employment equal employment rights and access to public businesses for disabled and prohibits discrimination in employment, housing, healthcare, installed ramps, elevators, other devices to meet the act's requirements

15th amendment

guranteed voting rights for african american men

gay rights advocates won a significant victory-new legislation for hate crimes

had been sought since Matthew Sheppard murder b/c of his sexual orientation

southern christian leadership conference the student nonviolent coordinating committee and other organizations

had built a movement that stretched across the south, they were attacked and beaten by police dogs and set upon with firehoses and won much sympathy for the cause of civil rights and to discredit state and local gov. of south

1965 voting rights act

had required some state and local gov. to obtain federal preclearance was based on a formula that calculated each jurisdiction's history of past voting discrimination but was overturned in shelby county v. holder b/c it was based on data that was over 40 yrs. old

quid pro qo

harrassment which involves an explicit or strongly implied threat that submission is a condition of continued employment

do the poor have civil rights

have also struggled for recognition as a group with rights that should be protected, excluded the poor from voting officeholding since the colonial period-high speed internet

third level

highest level of scrutiny employed by courts, places burden of proof on gov. to show that discrimination serves as a compelling interest that the law is narrowly tailored to achieve that goal and that gov. has used the least restrictive means for achieving its compelling interest, generally applies to laws that discriminate on basis of race, religion, or national origin-suspect classifications, strict classifications are automatically subject to strict scrutiny

1898 voting rights for Mexican Americans

in Texas MExican Americns were segregated and prevented from voting through such means as the white primary and poll tax, established separate schools, were banned from restrictive covenants from buying or renting houses in many neighborhoods

marriage

interracial marriage- in Loving v. VA that such state laws were unconstitutional (man and woman were wanting to marry and did in WA DC where it was legal but they moved back to VA where it was outlawed, but this was struck down 9 yrs. later

second level

is under the equal protection clause is called intermediate or exacting scrutiny, there is a greater burden on gov. to show that its classification scheme is not only rational but that it also serves as an important interest, courts apply intermediate scrutiny to laws that afford differential treatment of men and women or that discriminate against the inheritance and property rights of illegitimate children

issue for gender in education

its not that women earn less than men, they go into different professions so there is no gap, (unequal work, unequal pay)

jim crow laws

laws enacted by southern states following reconstruction that discriminated against african americans, created segregation all throughout public spectrum (schools, facilities, institutions)

martin luther king jr.

lead boycott after a year of private carpools and walking montgomery's bus system was desegregated only after the supreme court ruled the system unconstitutional

equality in education

legal action taken in sexual harrassment cases and equal treatment of women's athletic programs, Title IX had no major impact on college athletic programs it was weak

1965 Immigration Act

lifted discriminatory quotas but still barred Asian American and Latinos from full participation in American life

2007 parents involved in community schools vs Seattle No.1

limited school integration measures still further. court ruled that plans to achieve greater racial balance across the public schools were unconstitutional b/c it discriminated against whites on basis of race-end of brown era (eliminated one of the few public strategies left to promote racial integration

de facto

literally by fact- refers to practices that occur even when there is no legal enforcement, such as school segregation

de jure

literally by law, refers to legally forced practices such as school segregation in the south before 1960s

rational basis test

lowest form of scrutiny and places burden of proof squarely on person claiming discrimination (economic status, age)

school desegregation phase 2

title IV:most effective weapon against desegregating schools outside the south because the situation in northern communities was subtler and more difficult to address. in the south problem was segregation by law coupled w/ overt resistance to national gov. efforts to change the situation

outlawing discrimination in employment

title VII outlaws law discrimination-(equal employment opportunity commissions) : had power of national gov. to revoke public contracts for goods and services and to refuse to engage in contracts with any private company that could not gurantee that its rules for hiring, promotion and firing were non discriminatory

true or false: groups of voters across the country strongly support drawing a sharper line between immigrants and citizens, and that unauthorized immigrants are eligible for edcation and emergency medical care but can be denied other social benefits

true

discrimination

use of any unreasonable, unjust criterion of exclusion

real question of gender gap and job choice

what are the cultural norms, expectations, work-family balance men and women are not being represented in the professions that they choose regardless of pay-why do women choose jobs that they do?

Fisher v. University of texas

white student challenged the use of race as one factor among many in the admission decision, court sent back the case to district court with instructions to apply strict scrutiny to the school's policy as articulated in grutter

pay gap today

women earn 93 cents for every dollar a man makes (2012)

30 years ago

women earned 64 cents for every $ a man earned (difference was 36 cents) today there is 16 cent gap

How women's rights coincided with slavery

women were being denied the ability to become fully involved in anti-slavery activities

WEAL

women's equality action league- pursued legal action on a wide range of sex discrimination issues, filing lawsuits against law schools and medicual schools for discriminatory admission policies

15th amendment: women wanted to vote too

women's suffrage was unrealistic: Kansas 1867