Chapter 5 Civil Rights Notes

Chapter 5- Civil Rights Notes Equality is at the heart of the concept of civil rights. Civil rights refers to the rights of all Americans to equal protection under the law, as provided by the Fourteenth Amendment of the Constitution. Civil rights and Civil liberties are sometimes used interchangeably. Civil liberties are basically limitations on government. They specify what the government cannot do. Civil rights specify what the government must do to ensure the equal protection and freedom from discrimination. The history of civil rights in America is the story of the struggle of various groups to be free from discriminatory treatment. The African American Experience and the Civil Rights Movement Before 1863, the constitution protected slavery and made equality impossible. The system of slavery did not survive the American Civil War (1861-1865). Ending Servitude Emancipation of the slaves by President Abraham Lincoln’s Emancipation Proclamation in 1863 and the passage of the 13th ,14th, and 15th Amendments during the Reconstruction period (1865-1877) following the Civil War, constitutional inequality was ended. Constitutional Amendment The 13th Amendment (1865) states that neither slavery nor involuntary servitude shall exist within the United States. The 14th Amendment (1868) tells us that all persons born or naturalized in the United States are citizens of the United States. It states that “ [n]o States shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.” Citizens have political rights such as to vote and run for political office. All persons,including noncitizen immigrants, have a right to due process of law and equal protection under the law. The 15th Amendment (1870) states that “ The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” The right to vote is suffrage or franchise. Enfranchisement means “granting the right to vote.” The Civil Rights Act of 1865 to 1875 Civil Rights Act of 13th, 14th, and 15th Amendment. The Civil Rights Act of 1866 implemented the extension of citizenship to anyone born in the United States and gave African American full equality before the law. The Enforcement Act of 1870 set out specific criminal penalties for interfering with the right to vote as protected by the 15th Amendment and by the Civil Rights Act of 1866. Civil Rights of 1872, known as the AntiKu Klux Klan Act , made it a federal crime for anyone to use law or custom to deprive an individual rights, privileges, and immunities secured by the constitution or by federal law. Second Civil Rights Act (1875) everyone is entitled to full and equal enjoyment of public accommodations, theaters, and other places of public amusement, and it imposed penalties on violators. The Ineffectiveness of the Early Civil Rights Laws Reconstruction statutes, or civil rights acts do little to secure the equality of African American. Both civil rights cases and Plessy v. Ferguson effectively nullified these acts. The Civil Rights Cases (1883)- The Supreme court invalidated the 1875 Second Civil Rights Act saying that the clause of the 14th Amendment was limited to correcting official actions by states and the discriminatory acts of private citizens were not illegal. Separation of black and white in establishment and public transportation but not written in law. Plessy v. Ferguson: Separate but Equal- Homer Plessy was a 1/8th African American who boarded the Louisiana train and sat on the white restricted area, but then was ordered to move to the nonwhite, he refused. He argued that it’s against the 14 th Amendment’s equal protection clause. The court said that segregation did not violate the Constitution: “Laws permitting, and even requiring, their separation in places where they are liable to be brought in contact do not necessarily imply the inferiority of either race to the other.” –the birth of the Separate-but-equal doctrine. Separation becomes legal.The result was a system of racial segregation, particularly in the south‘Jim Crow” Laws required separate drinking fountains, seat in theater, restaurants, and hotels; separate toilets; and separate waiting rooms. (Jim Crow was an insulting term for African Americans derived from a song-and-dance show). Voting Barriers- voting enfranchisement of African American ended after 1877 when the federal troops were withdrawn from the south. White supremacist politicians use everything except race as a formal criterion, passed laws that deprive African American to vote. White primary- a state primary election that restricted voting to whites only. The Democratic party used the ruse that political parties were private entities to keep the black voters from voting. It was outlawed by the Supreme Court in 1944 because it’s a violation of the 15th Amendment. Grandfather Clause- A device used by southern states to disenfranchise African Americans. It restricted voting to those who could prove that their ancestors had voted before 1867. Poll Taxes- required the payment of a fee to vote, poor blacks and whites who could not pay tax are not allowed to vote. The 24th Amendment of the Constitution ratified (outlawed) the poll tax in national elections, and in 1966 the Supreme Court declared it unconstitutional in state elections as well. Literacy test- a test administered as a precondition for voting, asked potential voters to read, recite, or interpret complicated text (in the Constitution). Extralegal Methods of Enforcing White Supremacy second-class status of African American was also a matter of social custom in the South. African Americans were expected to observe an informal but detailed code of behavior that confirmed their inferiority. Lynching- mob action to murder an accused individual, usually by hanging and sometimes accompanied by torture (which is illegal but tolerated by southern authorities). By 1840, that figure had fallen to 20 percent. After the introduction of the cotton gin (a machine invented in 1793 that separated seeds from cotton very quickly), the South became even more dependent on agriculture, such as cotton, tobacco, and rice, with cheap slave labor as its economic base. The first major crisis occurred in 1820, when Missouri applied for admission to the union as a slave state—that is, one in which slavery would be legal. Missouri’s admission would have weighted the Senate in favor of slavery and therefore was opposed by northern senators. To resolve this conflict, Congress passed the Missouri Compromise of 1820. The End of the Separate-but-equal Doctrine – 1951 Oliver Brown decided that his 8 yrs. old daughter (Linda Carol Brown), should not have to go to an all nonwhite elementary school 21 blocks away when there’s a white school 7 blocks away. The National Association for the Advancement of Colored People (NAACP) formed in 1909 supported Oliver Brown. Brown v. Board of Education of Topeka (sometimes called the Brown decision)- 1954 Supreme court unanimous decision that the segregation of races in the public schools violates the equal protection clause of the 14 th Amendment. Chief Justice Earl Warren said that separation implied inferiority, whereas the majority opinion in Plessy v. Ferguson had said the opposite. Reactions to School IntegrationThe South did not let the Supreme Court go unchallenged. Governor Orval Faubus of Arkansas used the national guard to block integration of Central High School in Little Rock (Sept.1957). President Eisenhower had to federalize the Arkansas national guard and send the Army’s 101st Airborne Division to stop the violence. When James Meredith, an African American, attempted to enroll at the University of Mississippi (1962), President Kennedy sent 30,000 US combat troops. Meredith began attending classes. The Seneca Falls Convention in 1848- this attracted people from other states as well as New York. Attendees passed resolutions demanding the abolition of legal, economic, and social discrimination against women. All of the resolutions reflected the attendees’ dissatisfaction with contemporary moral codes; divorce and criminal laws; and the limited opportunities for women in education, the church, medicine, law, and politics. Black Codes- denied most legal rights to newly freed slaves by prohibiting African Americans from voting, sitting on juries, or even appearing in public places. De Jure (latin for “by law”) and De Facto Segregation The kind of segregation faced by Linda Carol Brown and James Meredith is called de jure segregation because it is the result of discriminatory laws or government actions. De facto segregation -a second kind of public school segregation was common in many northern communities. This term refers to segregation that is not due to an explicit law but results from other causes, such as residential patterns. Neighborhoods inhabited almost entirely by African Americans naturally led to de facto segregation of the public schools. Landlords would only rent to African Americans in specific district and Realtors would not allow them to view houses for sale outside if these zones, black districts are known as ghettos. The Civil Rights Movement- Brown decisions applied only to public school. Rosa Parks boarded the public bus in Montgomery, Alabama (1955). The bus got crowded and she was asked to move to the back, the colored section. She refused and was arrested. A protest led by Martin Luther King (1956), the federal district court issued an injunction prohibiting the segregation of buses in Montgomery. The era of civil rights protest began. King’s Philosophy of Nonviolence- 1957 M.L.King formed the Southern Christian Leadership Conference (SCLC). King advocated nonviolence and civil disobedience (a nonviolent, public refusal to obey allegedly unjust laws) as a means to achieve racial justice. Nonviolent Demonstrations –sit-ins, freedom rides, and freedom marches Sit-ins demonstration in Woolworth’s lunch counter The March to Washington- August 1963 African American leaders A. Philip Randolph and Bayard Rustin march to Washington for Jobs and Freedom. Where M.L.King told the world “ I had a dream ...where they will not be judged by the color of their skin but by the content of their character.” Another Approach- Black Power- Black Muslims and other African American separatists advocated a more militant stance and argued that desegregation should not result in cultural assimilation. African American, Black Power leader Malcolm X insisted that African Americans should fight back. Modern Civil Rights Legislation- attacks on demonstrators led to an environment which congress felt compelled to act on behalf of African Americans. The second era of civil rights acts, also known as the Second Reconstruction period, was under way. The Civil Rights Act of 1964- the most far reaching bill on civil rights in modern times, banned discrimination on the basis of race, color, religion, gender, or national origin. Title VII of the Civil Rights Act of 1964 is the cornerstone of employment discrimination law. It prohibits discrimination in employment based on race, color, religion, gender, or national origin. Banned discrimination on firms receiving federal funds. It created the Equal Employment Opportunity Commission (EEOC). 1972 Congress gave the EEOC the right to sue employers, unions, and employment agencies. Act of 1964: • Outlawed arbitrary discrimination in voter registration and expedited voting rights lawsuits. • Barred discrimination in public accommodations engaged in interstate commerce. • Authorized the Department of Justice to initiate lawsuits to desegregate public facilities and schools. • Provided for the withholding of federal funds from discriminatory state and local programs. • Prohibited discrimination in employment on grounds of race, creed, color, religion, national origin, or sex. • Created the Equal Employment Opportunity Commission (EEOC) to monitor and enforce the bans on employment discrimination. The Voting Rights Act of 1965- only few (29%)of African American were registered to vote in the south- 61% white Voting Rights Act of 1965- address the issue: 2 major provision (1) outlawed discriminatory voter- registration test (2) authorized federal registration of voters and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group. The act also provide that certain political subdivisions could not change their voting procedure and election laws without federal approval--- a provision weakened by the Supreme Court in 2013. Urban Riots- the riots were primarily civil insurrections. The affected neighborhood thought its about racial discrimination. Student demonstrations against the Vietnam war, the riots push many Americans toward conservatism. The Civil Rights Act of 1968 and other Housing Reform Legislation – MLKing was assassinated on April 4, 1968. After his death, President Lyndon Johnson signed the Civil Rights Act of 1968 , which banned discrimination in most housing and provided penalties for those attempting to interfere with individual civil rights, provision was added by the federal against discriminatory mortgage lending practices. Consequences of Civil Rights Legislation- voting rights act of 1965 increased the number of African American registered voters to 56%. On 2008, an African American was on the presidential ballot. Political Participation by African Americans - President Barack Obama , 1st African American elected president in 2008 in the Democratic Party. Differing Perspectives- race consciousness continues to divide African Americans and White Americans. Different experiences with the criminal justice system, African American are far more likely to be arrested and imprisoned than whites. Civil Rights and the Courts- 14th Amendment to the US Constitution is the main constitutional basis for civil rights legislation and court decisions. “ No State shall... deprive any person of life, liberty, or property, without due process of law” the 14 th Amendment mirrors that of the 5th Amendment which binds the federal government. The due process clause was crucial to extending the civil liberties contained in the Bill of Rights. Standards of Judicial Review- the judicial court use three standards when engaging in judicial review 1.Strict scrutiny (the most exacting) is employed when fundamental rights are at stake, such as those guaranteed by the Bill of Rights. It also comes into play when laws are based on a suspect classification- the original suspect class was race followed by religion and national origin. As these terms suggest, the courts are suspicious of, and will strictly scrutinize, any attempt by a government body to treat a person of different races in different ways. To be acceptable under the strict scrutiny standard, law must pass three tests: (1) it must be justified by a compelling government interest (like national security) (2) it must be narrowly tailored to meet the interest (3) it must be the least restrictive means of accomplishing the goal in question. Korematsu v.United States (1944) the Supreme Court introduce the strict scrutiny. The court ruled that the federal government had the right to force West Coast Japanese Americans into detention camps purely on the basis of race. National security was cited as the compelling government interest. Brown v. Board of education was the only one of the many rulings that employed strict scrutiny on behalf of civil rights. 2.Intermediate, or Exacting, Scrutiny (1976) – the court ruled that Oklahoma could not ban men from drinking low-alcohol beer until they turned 21, while women were allowed to drink this type of beer at the age of 19. The standard that the court used that determine whether the law or government action improperly discriminates women- the court tightened the test by requiring “exceedingly persuasive justification” for genderbased discrimination. 3.Rational Basis Review- use if neither scrutiny nor intermediate scrutiny applies; this test requires that an action or law be “rationally related” (does not involve assessing the usefulness of law) to a “legitimate government interest ”(does not have to be an interest cited by the government). Rational basis review was introduced in a 1938 decision in which the court affirmed the right of the federal government to ban a dairy product known as filled milk from interstate commerce. The Court Address Affirmative Action- minority and women often lacked the education and skills to compete effectively in the marketplace. The remedy, Affirmative action (1965) policies attempt to level the playing field by giving special preference in educational admissions and employment decisions to groups that have been discriminated against in the past. Implementing Affirmative action- president Lyndon Johnson give executive order to mandate affirmative action policies. Controversial due to discrimination against majority (white males) The Blake Case- first supreme court case addressing affirmative action. Allan Blake was turned down by UC Davis medical school, he found out that his grades are better than those of some minority that was accepted. He sue the university , alleging reverse discrimination- affirmative action program discriminates against those who do not have minority status. In California v. Blake , the court did not rule against affirmative action programs, but held that Blake must be admitted to the medical school because its admission policy used race as the sole criterion for the sixteen minority positions. Race can be a factor but cannot be the sole factor. Additional Limits on Affirmative Action- 1995, Adarand Constructors, Inc. v. Pena, the Supreme court held that any federal, state, or local affirmative action program that uses racial or ethnic classification as the basis for making decisions is subject to the strict scrutiny standard. The affirmative action program cannot make use of quotas or preferences for unqualified persons. 2003, cases involving University of Michigan, the the supreme court indicated that limited affirmative action programs continued to be acceptable and that diversity was the legitimate goal. Court struck down the affirmative action program used for undergraduate admissions at universities, at the same time it approved the admissions plan for law school (took the race for admission). The End of Affirmative Action?- The Court tightened the guidelines for affirmative action programs, that race could not be used as a “tie breaker” for admission. Fisher v.University of Texas (2013)- court found that the goal for diversity was legitimate. 2014 Affirmative action ban in Michigan. Experiences of Other Minority Groups Largest group: Hispanic American or Latinos, African American, Asian American and American Indians. Latinos and the Immigration Issue – The most striking characteristic of Latinos is that many of them are recent immigrants. They have been subjected to the same forms of ill treatment as African Americans. Therefore, they are usually grouped with African Americans and American Indians in laws and programs that seek to protect minorities or to address the result of past discrimination. Political Participation by Hispanics – the Civil Rights movement primarily focused on the African American right but the legislation benefited nearly all the minority groups. The Voting Rights Act of 1965 extended its protection to Latino Americans, Asian Americans, Native Americans, and Native Alaskan. Latino political participation has increased in recent years. Unauthorized Immigration – Illegal immigration or unauthorized immigration, to use the language of the Department of Homeland Security- has been the national issue for years. Many came to the country legally as tourist or students but fail to return home when their visa expires. They come here to work. Before the Immigration Reform Control Act of 1986, there was no law against hiring foreign citizens who lacked proper papers. Characteristics of the Undocumented Population - They eventually return home to their home country and set up a small business. - They send remittances back to relatives in their homeland. - They live in mixed households, where one or two relatives have lawful resident status but others don’t. Mix family means deporting the illegal immigrant will break the family apart. - In some circumstances immigrant actually choose to separate their family. Unaccompanied children from violence torn South America claimed the internationally recognized right of asylum, they could not be immediately deported. Exemptions from Deportation- June 2012, Obama issued an executive order providing relief to many young immigrants who came to the US under the age of 16 could apply for an indefinite deportation deferral and obtain a work permit. November 2014 Obama issued another executive order extending protection to the parents of children who were citizens or legal residents. The second order was challenged by the court. Obama argued that the order would subvert the separation of powers by creating a new program without Congressional approval. The Fifth Circuit court ruled against the administration. The Supreme Court upheld the circuit court decision. The Agony of the American Indian- have long experience of high rates of poverty The Demographic Collapse- The Europeans brought diseases that killed 90% of the Native Americans. American Indians in the Nineteenth and Twentieth Centuries- American Indian population continues to decrease due to the concentration of Native Americans into ever-smaller territories. A federal policy “Assimilation” adopted in the late 1880’s resulted in further loss of territory and the suppression of traditional cultures. Indians did not become US citizens until 1924. Twentieth century, some native tribes hit upon new strategy for economic development- gambling casinos on reservation land. The US Constitution grants the responsibility for Indian relations to the national government, the result reservations are not subject to the full authority of the states in which they are located. Asian Americans- better integrated into the broader society than any other racial minority. Americans with ancestors from China, India, Japan, Korea, the Philippines, and Vietnam have above average income. Justice John Marshall Harlan, in his dissent to Plessy v. Ferguson, stated just a few paragraphs after his famous words that our Constitution is “color blind” that Chinese people are members of “a race so different from our own” that it is permissible to deny them citizenship. 1898 Supreme Court rule that Chinese Americans born in the US must be recognized as citizens in accordance with the 14th Amendment. The Chinese Exclusion Act- Chinese came to California during the gold rush, 1849. Hostility among white Californians was severe, and anti-Chinese riots were common. 1882, the Chinese Exclusion Act banned all further immigration from China; the act was not repealed until 1943. Japanese in America- 1924, immigration from Japan was banned. Japanese American in California set up business or becoming truck farmers. 1942, all those businesses where lost when west coast Japanese where forced into internment camps. 62% in the camps were US citizens. Japanese Americans were not allowed to leave until 1945 near the end of world war II. The Supreme Court justified the internment in Korematsu v. United States. Asian Americans and College Admissions- A current issue faced by Asian Americans is the question of admissions to highly selective colleges and universities. Princeton sociologist Thomas Espenshade has calculated that for Asian American to obtain equal consideration at elite colleges, they must outperform whites on SAT tests by 140 points.. Lingering Social and Economic Disparities- social and economic disparities between US racial and ethnic groups persist. Women’s Struggle for Equal Rights Like African American and other minorities, women struggle for equality. Their primary goal was to obtain the right to vote. Early Women’s Political Movements – 1848 Lucrettia Mott and Elizabeth Cady Stanton organized the first woman's rights convention in Seneca Falls, New York. They approve a Declaration of Sentiments: “We hold these truths to be self-evident: that all men and women are created equal.” Women’s Suffrage Associations- 1869, Susan B. Anthony and Stanton formed the National Woman Suffrage Association. Women's suffrage –the right to vote- was a means to achieve major improvements in the economic and social situation of women in the US; the vote was used to seek broader goals. Lucy Stone, a founder of the rival American Woman Suffrage, believed that the vote was only a major issue. The two organization joined forces resulting in National American Woman Suffrage (1880) its goal enfranchisement of women. The Nineteenth Amendment (19th)- The Congressional Union (1900) by Alice Paul, adopted a national strategy of obtaining a n amendment to the US constitution. The union employed militant tactics, large scale marches and civil obedience ( resulted in huger strikes, arrests, and jailing). 1920, the 19Th Amendment passed: the rights of all US citizens to vote regard less of sex- Right to vote for women. The Modern Women’s Movement- 1910 feminism meant political, social, and economic equality for women. Publication of Betty Friedan’s The Feminine Mystique 1963 focused the national attention on equal status of women in American life. 1966, Friedan and others formed the National Organization for Women (NOW)- the beginning of the modern women’s movement- the feminist movement. Support civil rights movement or opposed Vietnam war. Despite the egalitarian principles of these movements, women retained in second class position. 1960, “women’s liberation” – organizations that spring up on college campuses. Women organize “ consciousness-raising groups” where they discuss how gender issue affect their lives. The Equal Rights Amendment (ERA)- the focus of modern women’s movement was to eradicate gender inequality through the constitutional amendment. ERA (liberals)was first introduced in congress 1923 by the National Women’s Party but failed to ratify. The “Stop ERA” campaign found significant support among fundamentalist religious groups and other conservatives. The National Consumers League (NCL)- which successfully lobbied the state of Oregon for legislation limiting women to ten hours of work a day. Test Cases- The NAACP opted first to challenge the constitutionality of Jim Crow law schools. In 1935, all southern states maintained fully segregated elementary and secondary schools. Colleges and universities also were segregated, and most states did not provide for postgraduate education for African Americans. NAACP lawyers chose to target law schools because they were institutions that judges could well understand, and integration there would prove less threatening to most whites. Additional Women’s Issues- NOW concentrated on ERA, other women’s group focus on domestic violence- assaults within the family. 1970 feminist opened battered women’s shelter to house victims of abuse. Then abortion-were entire women’s movement support “freedom of choice” position, at the cost of alienating potential women’s right supporters who favored the “right-to-life” position instead. Another issue-pornography- tend to divide women’s movement. Pornography is demeaning, its central to the subjugation of women that the first amendment protection should not apply. Challenging Gender Discrimination in the Courts- women’s rights organization challenged discriminatory statutes and policies in the federal courts, contending that gender discrimination violated 14th Amendment’s equal protection clause, employing intermediate scrutiny standard- the US supreme Court has invalidated such statutes and policies. 1977 the Court held that police and firefighter should not require height and weight so women can participate in those occupations. 1983, The Court ruled that insurance companies cannot charge different rates for women and men. Gender Equality on Campus- Title IX of the Education Amendments of 1972 (guarantee equality of treatment in education) 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.” It has the most controversial impact on high school and collegiate athletics. Department of Education issued a statement clarifying that sexual harassment on campus, including rape, violated Title IX. Women in the Military- Many believed that ERA failed because of the fear that women might be drafted into military service - no draft exist. Today, young American men must register for it, women do not face such requirement. Women can’t serve in military combat, In 2013, Department of Defense lifted the Combat Exclusion Policy, and in the future women will be able to compete for assignment in combat units. Participation in the units is a requirement for to military position. Women in Politics Today Women in Congress- Nancy Pelosi- First (2001) time elected woman to a leadership post in Congress- Democrats minority whip in the US House of Representative. 2002, she was elected minority leader. in 2006,she was the first woman speaker of the House in US history. Women in the Executive and Judicial Branches- 2008, Hillary Clinton Democratic Presidential nomination and Sara Palin Republican Vice President nominee. Sandra Day O’ Connor- US Supreme Court 1981 under Reagan administration, Ruth Bader GInsburg ( Bill Clinton), Sonia Sotomayor (Obama) and Elena Kagan (Obama). Title VII of the Civil Rights Act of 1964- prohibits gender discrimination in employment, 1978 Congress amended Title VII to expand the definition of gender discrimination to include discrimination based on pregnancy. Sexual Harassment- Title VII’s prohibition of gender based discrimination to extend to sexual harassment in the workplace- job opportunities, promotions, salary increase, and the like are given in return od sexual favors. Hostile-environment harassment- a form of sexual harassment when employee is subjected to sexual conduct or comments that interfere with the employees job performance. Wage Discrimination- The Equal Pay Act 1963, requires employers to provide equal pay for substantially equal work. The Rights and Status of Gay Males and Lesbians- June 27, 1969 after Stonewall Inn riot, the Gay Liberation Front and the Gay Activist Alliance were formed. Growth in the Gay Males and Lesbian Rights Movement- Lesbian, Gay, Bisexual and Transgender (LGBT) State and Local Laws Targeting Gay Men and Lesbians- sodomy law 1986 Bowers v. Hardwick – the Supreme Court decision upheld a Georgia law that made homosexual conduct between two adults a crime. Lawrence v. Texas 2003- the Court held that laws against sodomy violate the due process clause of the 14th Amendment; the case invalidated the sodomy laws that remained on the books in fourteen states. The Gay Community Politics- 1980 Democratic platform include gay rights sectiondiscrimination against LGBT in housing, employment and public accommodation remain legal in majority of US jurisdiction. Gay Men and Lesbian in the Military- 1993 (Clinton) “don’t ask,don’t tell”. 2008 (Obama) repeal “don’t ask, don’t tell” and allow lesbian and gay to serve openly. 2010, US District court judge ruled that “don’t ask, don’t tell” was unconstitutional and was phased out in 2010. Same-sex Marriage- 2015 Supreme Court endorsed nationwide recognition od samesex marriage The Defense of Marriage Act (DOMA)-( hawaiian supreme court- start)1996 US Congress passed Defense Marriage Act which banned federal recognition of lesbian and gay male couples and allowed state governments to ignore same-sex marriages performed in other states. Civil Unions- 1999 Vermont Supreme Court ruled that gay couples were entitled to the same benefits of marriage as opposite sex couples. State Recognition of Same-Sex marriages- Nov.2003 Massachusetts was the first state to recognize gay marriage. Constitutional End Game- United States v. Windsor (2013)- the Court found that the provision of the Defense of Marriage Act that banned federal recognition of same-sex marriages performed by the states unconstitutional Dec. 2013, ever-larger numbers of state and federal judges used the same arguments contained in Windsor to overturn same-sex marriage ban. In June 2015,Obergefell v. Hodges the Supreme Court overturned the remaining state level provisions. The Rights of Transgender Individuals Transgender person – persons who experience a mismatch between their gender identity and the gender assigned to them at birth. In June 2016, an Oregon Court became the first in the nation to recognize such a nonaligned status. Forty-six state allows to amend birth certificate or change a person’s recorded sex. The Rights and Status of Juveniles Child- under 16 0r under 21. Children in the US have fewer rights and protection than adults; reason-children are protected by their parents. In the Brown v. Board of Education of Topeka ( the landmark civil rights case of 1954) case, the court granted children the status of rights-bearing persons. 1967 case In re Gault- the court expressly held that children have a constitutional right to be represented by counsel at government's expense in a criminal action. The Court acknowledged that “children are ‘persons’ within the meaning of the Bill of Rights. We have held so over and over again.” Voting Rights and the Young- 26th amendment to the Constitution, ratified on July 1, 1971- the voting age was changed from 21 to 18, because the 18year old might be drafted to war, they had a stake in public policy (Vietnam War). The Rights of Children in Civil and Criminal Proceedings - Civil law- relates to such matters as contracts among private individuals, domestic relations, and business transactions. - Criminal law- relates to crimes against society that are defined by legislatures and prosecuted by public officials, such as district attorneys. Different procedural rules and judicial safeguards apply under civil and criminal laws. Key Definitions Civil Rights: guarantees of protection by the government from indivious discrimination (used to the inflict harm) Civil Liberties: - Our fundamental freedoms (locke: born with these) - Personal guarantees and freedoms that the federal government cannot abridge by law, constitutional, or judicial interpretation- unless there is a really good reason (substantive due process) and there are really good mechanisms used to take them away (produced due process) - Civil liberties are found in the Bill of Rights - Black codes- laws denying most legal rights to newly freed slaves - Good character requirements, poll taxes until the 24th amendment, form of ID, whites only primaries - Plessy vs. Ferguson- only meant for political not social equality, black people could only ride certain railroad cars, if you are a drop of black- then you are fully black - Brown vs. Board of education 2- One year after Brown, in a case referred to as Brown v. Board of Education II (1955), the Court ruled that racially segregated systems must be dismantled “with all deliberate speed.”17 To facilitate implementation, the Court placed enforcement of Brown in the hands of appointed federal district court judges, whom it considered more immune to local political pressures than elected state court judges.