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9 - Civil Rights: What is Equality?

Securing Rights for Those with Disabilities

Judith Heumann's Advocacy

  • Judith Heumann was a special advisor for international disability rights with the U.S. Department of State. She published an article in January 2016 emphasizing the importance of inclusion and full participation of individuals with disabilities in democracy, reflecting on Martin Luther King Jr.'s message of justice for all.

  • Heumann contracted polio in 1949, leading to her requirement of a wheelchair. She faced discrimination early on, being denied access to public school in the 1950s due to the lack of ramps and was labeled a "fire hazard".

  • Despite obstacles, Heumann obtained two degrees, including a master of arts from the University of California at Berkeley in 1975. She filed and won a lawsuit against New York City schools for rejecting her teacher application based on her disability.

Major Contributions to Disability Rights

  • Section 504 Sit-Ins (1977): Heumann played a significant role in organizing rallies and sit-ins to demand the enforcement of Section 504 of the Rehabilitation Act of 1973, the first federal law to prohibit discrimination against Americans with disabilities. The most notable sit-in took place in San Francisco, leading to the endorsement of the regulations by the secretary of the Department of Health, Education, and Welfare.

  • Americans with Disabilities Act (ADA) (1990): Heumann's efforts were pivotal in the passing of the ADA, signed into law by President George H. W. Bush. The ADA ensures non-discrimination in employment, buying goods and services, and participating in government programs for people with disabilities. It required modifications in public buildings for better accessibility but did not provide federal funding for these changes, illustrating an unfunded mandate.

Connection to Civil Rights

  • Advocates for the rights of Americans with disabilities, including Heumann, have drawn parallels between their struggles and those of African Americans, inspired by the civil rights movements of the 1960s. Through lobbying, litigation, public education, and advocacy, significant legal and societal advancements have been made toward equality and inclusiveness for people with disabilities.

The Fight Against Segregation

Historical Background

  • Dred Scott v. Sandford (1857): The Supreme Court ruled that African Americans, whether enslaved or free, were not American citizens and therefore could not sue in federal court. This decision intensified the national debate over slavery.

  • Emancipation Proclamation: Issued by President Abraham Lincoln in 1863, it declared that all slaves in Confederate states were to be set free.

Post-Civil War Amendments

  • Thirteenth Amendment (1865): Abolished slavery in the United States.
  • Fourteenth Amendment (1868): Granted citizenship to all persons born or naturalized in the United States, including former slaves, and provided all citizens with equal protection under the laws.
  • Fifteenth Amendment (1870): Granted African American men the right to vote.

Jim Crow Laws and Segregation

  • Southern states implemented Jim Crow laws enforcing racial segregation. These laws, along with poll taxes and literacy tests, effectively disenfranchised African Americans.
  • Plessy v. Ferguson (1896): The Supreme Court upheld the constitutionality of racial segregation under the "separate but equal" doctrine.

Civil Rights Movement

  • Thurgood Marshall and the NAACP: Led efforts to challenge segregation, focusing on legal strategies to combat racial discrimination.

  • Brown v. Board of Education (1954): The Supreme Court ruled that racial segregation in public schools was unconstitutional, overturning Plessy v. Ferguson. This decision marked a significant victory for the civil rights movement but led to widespread resistance in the South.

Continued Struggle for Equality

  • De Jure vs. De Facto Segregation: Legal battles shifted focus from de jure (legal) segregation to de facto (practical) segregation, which resulted from private actions and residential patterns.

  • Affirmative Action: Policies were implemented to address past discrimination and promote diversity, leading to debates and legal challenges regarding their constitutionality.

  • The transition from a focus on ending legal segregation to addressing the broader implications of racial discrimination highlights the ongoing challenges in achieving racial equality.
  • Supreme Court decisions have played a crucial role in shaping the legal landscape of civil rights, with significant cases influencing public policy and societal attitudes towards racial discrimination.

The Civil Rights Movement

Background

The U.S. Supreme Court's decisions alone were not enough to eliminate segregation in the South. As law professor Gerald Rosenberg noted, the Court was vocal for a decade while Congress and the executive branch were largely inactive. However, some significant actions did take place:

  • In 1957, President Eisenhower deployed federal troops to Little Rock, Arkansas, to enforce school desegregation, against the state governor's wishes.
  • Lyndon Johnson, then a senator, sponsored the Civil Rights Act of 1957, the first civil rights legislation since Reconstruction, aiming to support African Americans' voting rights lawsuits.

Citizen Action and Social Movements

Citizens and community leaders took matters into their own hands, organizing boycotts and other forms of protest against segregation. A key example is the Montgomery Bus Boycott, sparked by acts of civil disobedience from African American women like Claudette Colvin and Rosa Parks. These actions led to significant social movements aimed at ending racial discrimination.

Definitions

  • Social Movement: Large groups of citizens organizing for political change.
  • Civil Disobedience: The intentional refusal to obey a law to highlight its injustice.

Key Events and Figures

  • The Montgomery Bus Boycott was a pivotal moment, led by figures like Dr. Martin Luther King Jr., that ultimately resulted in the Supreme Court ruling the bus segregation law unconstitutional.
  • King's participation in protests in Birmingham, Alabama, highlighted the entrenched segregation and the violent backlash against civil rights activists.
  • The Civil Rights Act of 1964 and the Voting Rights Act of 1965 were monumental legislative achievements. They outlawed racial segregation in public spaces and employment and tackled barriers to African American voting, respectively.

Key Legislation

  • Civil Rights Act of 1964: Outlawed racial segregation in schools, public places, and employment.
  • Voting Rights Act of 1965: Outlawed literacy tests for voting and allowed federal intervention in voter registration in uncooperative jurisdictions.

Supreme Court and Social Change

Despite the Supreme Court's efforts to foster social change, real progress often required the backing of the executive branch and grassroots movements. This situation underscores Alexander Hamilton's view in Federalist No. 78 about the Court's limited power without executive support.

The Fight for Women’s Rights

Introduction

Women, constituting a slight majority in the American population, have historically battled for their civil rights. The women's rights movement manifested in two significant waves:

  • First Wave: Concentrated on suffrage in the nineteenth century.
  • Second Wave: Focused on equality in education and the workplace, starting in the mid-twentieth century.

The Nineteenth Amendment: Enfranchising Women

  • Strategy: Unlike the civil rights movement for African Americans, the women’s rights movement, especially its first wave, leaned heavily on legislative actions.
  • Progress: Starting with Wyoming in 1869, several states granted women the right to vote before the federal government did.
  • Nineteenth Amendment (1920): Granted women nationwide the right to vote, stating that voting rights cannot be denied based on sex.

Beyond the Vote: The Second Wave

  • Issues: Addressed work and home inequalities, protection from violence, and sexual harassment.
  • Key Figures: Betty Friedan, an early leader, challenged societal norms through her book The Feminine Mystique and later became the first president of the National Organization for Women (NOW).
  • Legislation: The Civil Rights Act of 1964, particularly Title VII, was instrumental in this wave, prohibiting employment discrimination based on sex among other categories.

Women’s Rights and Public Policy: Title IX

  • Title IX (1972): A landmark in educational equality, prohibiting sex discrimination in federally funded educational programs. It notably increased female participation in sports.

The Equal Rights Amendment (ERA)

  • Attempt: Sought to guarantee equal rights regardless of sex, passing Congress but failing to be ratified by enough states.
  • Outcome: The ERA did not succeed, yet it raised awareness and set the stage for future legal and societal changes.

Supreme Court Decisions on Gender Discrimination and Sexual Harassment

  • Standards: The Court applies intermediate scrutiny for gender discrimination, demanding justification for differential treatment based on important governmental objectives.
  • Sexual Harassment: Recognized within Title VII's anti-discrimination provisions, including quid pro quo and hostile working environment harassment.

Civil Rights Expansion

  • The chapter also touches on the rights and activism of other groups, including Native Americans, Latinos, and LGBTQ+ communities, illustrating the ongoing and diverse nature of civil rights struggles in the U.S.
  • The concept of racial identity is evolving, with increasing recognition and self-identification among multiracial Americans.