Chap6

11
Chapter 6Chapter 6
Civil RightsCivil Rights

22Copyright © 2013 CengageCopyright © 2013 Cengage
 WHO GOVERNS?WHO GOVERNS?
1.1. Since Congress enacts our laws, whySince Congress enacts our laws, why
has it not made certain that allhas it not made certain that all
groups have the same rights?groups have the same rights?
2.2. After the Supreme Court ended racialAfter the Supreme Court ended racial
segregation in the schools, what didsegregation in the schools, what did
the president and Congress do?the president and Congress do?
 TO WHAT ENDS?TO WHAT ENDS?
1.1. If the law supports equality ofIf the law supports equality of
opportunity, why has affirmativeopportunity, why has affirmative
action become so important?action become so important?
2.2. Under what circumstances can menUnder what circumstances can men
and women be treated differently?and women be treated differently?

44
The Black PredicamentThe Black Predicament
Civil Rights:Civil Rights: The rights of people to beThe rights of people to be
treated without unreasonable ortreated without unreasonable or
unconstitutional differences.unconstitutional differences.
Copyright © 2013 CengageCopyright © 2013 Cengage
Segregated water fountains
in 1939.
Russell Lee/ The
Granger Collection

55
The Campaign in the CourtsThe Campaign in the Courts
 ““Separate but Equal”Separate but Equal”
 Can Separate Schools be Equal?Can Separate Schools be Equal?
 Brown v. Board of EducationBrown v. Board of Education
• ImplementationImplementation
• The RationaleThe Rationale
• Desegregation versus IntegrationDesegregation versus Integration

66
AnotherAnother Profile in CourageProfile in Courage
Dorothy Counts, theDorothy Counts, the firstfirst black student to attend Harding High School inblack student to attend Harding High School in
Charlotte, N.C., tries to maintain her poise as she’s taunted by shouting,Charlotte, N.C., tries to maintain her poise as she’s taunted by shouting,
gesticulating white students in September of 1957.gesticulating white students in September of 1957.
AP Images

77
MEMORANDUMMEMORANDUM
To:To: Justice Robert GilbertJustice Robert Gilbert
From:From: Ella Fitzgerald, law clerkElla Fitzgerald, law clerk
Until school segregation ended, southern blacks could attendUntil school segregation ended, southern blacks could attend
only all-black colleges. Now they are free to apply toonly all-black colleges. Now they are free to apply to
previously all-white colleges, and these schools arepreviously all-white colleges, and these schools are
integrated. But the traditional black colleges still exist, andintegrated. But the traditional black colleges still exist, and
very few whites apply to them. In 1992, the Supremevery few whites apply to them. In 1992, the Supreme
Court held that the state could not solve the problem byCourt held that the state could not solve the problem by
requiring a race-neutral admissions policy. Now the Courtrequiring a race-neutral admissions policy. Now the Court
must decide whether a predominantly black college canmust decide whether a predominantly black college can
receive state support.receive state support.
WHAT WOULD YOU DO?WHAT WOULD YOU DO?

88
Arguments for all-black colleges:Arguments for all-black colleges:
1. These schools have a long tradition that ought to1. These schools have a long tradition that ought to
be preserved.be preserved.
2. Many black students will learn better in an all-2. Many black students will learn better in an all-
black environment.black environment.
3. African American organizations, in particular the3. African American organizations, in particular the
United Negro College Fund, raise money for theseUnited Negro College Fund, raise money for these
schools.schools.

99
Arguments against all-black colleges:Arguments against all-black colleges:
11. If the state once required single-race schools, it. If the state once required single-race schools, it
now has an obligation to dismantle them.now has an obligation to dismantle them.
2. Race is a suspect classification, and no state2. Race is a suspect classification, and no state
program that chiefly serves one race can beprogram that chiefly serves one race can be
allowed.allowed.

1010
Your decision:Your decision:
Allow all-black colleges?Allow all-black colleges?
Ban all-black colleges?Ban all-black colleges?

1111
Implementation ProblemsImplementation Problems
In 1963, Governor GeorgeIn 1963, Governor George
Wallace of Alabama stood in theWallace of Alabama stood in the
doorway of the University ofdoorway of the University of
Alabama to block the entry ofAlabama to block the entry of
black students. Facing him isblack students. Facing him is
U.S. Deputy Attorney GeneralU.S. Deputy Attorney General
Nicholas Katzenbach.Nicholas Katzenbach.
Steve Shapiro/Black Star

1212
Desegregation VersusDesegregation Versus
IntegrationIntegration
 Antibusing protestersAntibusing protesters
buried a school busburied a school bus
(unoccupied) to(unoccupied) to
dramatize their cause.dramatize their cause.
Ted Crowell/Black Star

1414
The Campaign in CongressThe Campaign in Congress
 Civil DisobedienceCivil Disobedience
In 1960, black students from North Carolina Agricultural and Technical
College staged the first “sit-in” when they were refused service at a lunch
counter in Greensboro (left). Twenty years later, graduates of the college
returned to the same lunch counter (right). Though prices had risen, the
service had improved.
Bettman/Corbis Bob Jordan/AP Photo

1515
This picture of a police dog lunging at aThis picture of a police dog lunging at a
black man during a racial demonstration inblack man during a racial demonstration in
Birmingham, Alabama, in May 1963 wasBirmingham, Alabama, in May 1963 was
one of the most influential photographsone of the most influential photographs
ever published. It was widely reprintedever published. It was widely reprinted
throughout the world and was frequentlythroughout the world and was frequently
referred to in congressional debates on thereferred to in congressional debates on the
civil rights bill of 1964.civil rights bill of 1964.
Martin Luther King, Jr., delivers his “I
have a Dream” speech on the
Washington, D.C., mall in 1963.
..
Bill Hudson/AP Photo
AP Getty

Source: Reprinted by permission of the publisher from Racial Attitudes in America by Howard Schuman,
Charlotte Steeh, and Lawrence Bobo, p. 69, Cambridge, Mass.: Harvard University Press. Copyright ©
1985, 1997, by the Presidents and Fellows of Harvard College.

Sources:
Congressional
Quarterly, Congress
and the Nation,
vols.
1, 2, 3, 7, 8.

Sources: Statistical Abstract of the United States, 2003, table 417.

1919
Racial ProfilingRacial Profiling
 Two Issues Involved:Two Issues Involved:
• Stopping and questioning peopleStopping and questioning people
because of their race or ethnicity withbecause of their race or ethnicity with
no other indications of illegal activityno other indications of illegal activity
presentpresent
• Results of the RAND Corporation studyResults of the RAND Corporation study
of Oakland, California police stopsof Oakland, California police stops

2020
Women and Equal RightsWomen and Equal Rights
 Supreme Court standardsSupreme Court standards
• ReasonablenessReasonableness
• Intermediate scrutinyIntermediate scrutiny
• Strict scrutinyStrict scrutiny
 Illegal discriminationIllegal discrimination
 Decisions allowingDecisions allowing
differences based on sexdifferences based on sex
 Sexual harassmentSexual harassment
 Privacy and sexPrivacy and sexCopyright © 2013 CengageCopyright © 2013 Cengage

2222
U.S. Supreme Court Cases Related ToU.S. Supreme Court Cases Related To
Sexual ClassificationSexual Classification

2323
Privacy and AbortionPrivacy and Abortion

2424
Affirmative ActionAffirmative Action
 Equality of ResultsEquality of Results – Making certain– Making certain
that people achieve the same resultthat people achieve the same result
 Reverse discriminationReverse discrimination – Using race– Using race
or sex to give preferential treatmentor sex to give preferential treatment
to some peopleto some people
 Equality of OpportunityEquality of Opportunity – Giving– Giving
people an equal chance to succeedpeople an equal chance to succeed

A protest in Georgia over immigration laws.
Erik Lesser/ZUMA Press/Corbis

2929
Affirmative ActionAffirmative Action

3030
Gay RightsGay Rights

3131
Gays and the ConstitutionGays and the Constitution
 Bowers v. HardwickBowers v. Hardwick
 Colorado constitutionalColorado constitutional
amendmentamendment
 Lawrence v. TexasLawrence v. Texas
 Defense of MarriageDefense of Marriage
ActAct
People on both sides of the
gay marriage issue
gather in front of a
California court while it
considers arguments about
a voter-backed ban on
same-sex marriage.
© Paul Chinn/San Francisco Chronicle/Corbis

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