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Chapter 5

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Equality through LawThe Fourteenth Amendment equal-protection clause

forbids states from denying equal protection to citizensSegregation in the schools

Brown v. Board of Education of Topeka (1954) banned forced segregation in schools

Little change to segregation 15 years laterSupreme Court encouraged busing as solution to

segregation; highly controversial, mixed resultsBusing ended by 2007. Still substantial segregation

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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. = suspect classifications

Intermediate scrutiny Almost suspect —assumed unconstitutional unless the law serves

a clearly compelling and justified purpose; applies to genderReasonable-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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Percent Democratic Identifiers

5-7

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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 a narrow margin

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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 LawBarring of whites-only primaries, 1940sTwenty-fourth Amendment prohibited poll taxes, 1960sThe Voting Rights Act of 1965

Voting Rights Act of 1965 allowed federal agents to oversee voter registration

States prevented from creating election districts that deliberately dilute the minority vote, or to give it control

Weakened significantly by the 2013 Supreme Court decision Shelby County v. Holder

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Equality through LawThe Civil Rights Act of 1968

Addresses discrimination in housingProhibition of redliningStill strong patterns of housing segregationAfrican Americans and Hispanics still have more difficulty

obtaining mortgages than whites with comparable income levels

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Equality through LawAffirmative action

Focus on “equality of result”De facto discrimination

Social, economic, cultural biases—discriminationDe 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) Schwette v. Coalition to Defend Affirmative Action (2014)

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The Continuing Struggle for EqualityAfrican Americans

Aftermath of the civil rights movementContinuing high disparity in incomeDiscrepancies in convictions and sentencingHigh rate of dissolution of black familiesMovement into political office

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Family Structure by Race and Ethnicity

5-17

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The Continuing Struggle for EqualityWomen

Electoral and political successesJob-related issues

Lack of job equalityFamily leaveGender pay equitySexual harassment“Feminization of poverty”

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Percentage of Families Living in Poverty, by Family Composition

5-19

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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 minorityElectoral success

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The Continuing Struggle for EqualityAsian Americans

About 12 million Asian AmericansEmphasis on academic achievement in Asian American

communitiesUpwardly mobile groupStill significant discrimination that hinders Asian

Americans from gaining high-level positions in companies

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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 services2013 Supreme Court invalidates part of the Defense of

Marriage Act, allowing same-sex couples the same federal benefits as male-female couples

Same-sex marriage recognized in several states through legislative and judicial action

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Opinions on Same-Sex Marriage

5-24

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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 Divisions

America’s high ideals often clash with its historyFrequent tendency or desire to avoid retelling the negative

aspects of American history