American gov 5

Chapter 5

Civil Rights

Figure 5.1 Supporters rally in defense of Park51, a planned Islamic community center in Lower Manhattan. Due to

the development’s proximity to the World Trade Center site, it was controversially referred to as the Ground Zero mosque. While a temporary Islamic center opened there in September 2011, the owner now plans to build luxury

condominiums on the site.1 (credit: modification of work by David Shankbone)

Chapter Outline

5.1 What Are Civil Rights and How Do We Identify Them?

5.2 The African American Struggle for Equality

5.3 The Fight for Women’s Rights

5.4 Civil Rights for Indigenous Groups: Native Americans, Alaskans, and Hawaiians

5.5 Equal Protection for Other Groups

Introduction

The United States’ founding principles are liberty, equality, and justice. However, not all its citizens have

always enjoyed equal opportunities, the same treatment under the law, or all the liberties extended to

others. Well into the twentieth century, many were routinely discriminated against because of sex, race,

ethnicity or country of origin, religion, sexual orientation, or physical or mental abilities. When we consider

the experiences of white women and ethnic minorities, for much of U.S. history the majority of its people

have been deprived of basic rights and opportunities, and sometimes of citizenship itself.

The fight to secure equal rights for all continues today. While many changes must still be made, the past

one hundred years, especially the past few decades, have brought significant gains for people long

discriminated against. Yet, as the protest over the building of an Islamic community center in Lower

Manhattan demonstrates (Figure 5.1), people still encounter prejudice, injustice, and negative stereotypes

that lead to discrimination, marginalization, and even exclusion from civic life.

What is the difference between civil liberties and civil rights? How did the African American struggle for

civil rights evolve? What challenges did women overcome in securing the right to vote, and what obstacles

do they and other U.S. groups still face? This chapter addresses these and other questions in exploring the

essential concepts of civil rights.

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5.1 What Are Civil Rights and How Do We Identify Them?

Learning Objectives

By the end of this section, you will be able to:

• Define the concept of civil rights

• Describe the standards that courts use when deciding whether a discriminatory law or regulation

is unconstitutional

• Identify three core questions for recognizing a civil rights problem

The belief that people should be treated equally under the law is one of the cornerstones of political thought

in the United States. Yet not all citizens have been treated equally throughout the nation’s history, and some

are treated differently even today. For example, until 1920, nearly all women in the United States lacked the

right to vote. Black men received the right to vote in 1870, but as late as 1940 only 3 percent of African

American adults living in the South were registered to vote, largely due to laws designed to keep them

from the polls.2 Americans were not allowed to enter into legal marriage with a member of the same sex in

many U.S. states until 2015. Some types of unequal treatment are considered acceptable, while others are

not. No one would consider it acceptable to allow a ten-year-old to vote, because a child lacks the ability to

understand important political issues, but all reasonable people would agree that it is wrong to mandate

racial segregation or to deny someone the right to vote on the basis of race. It is important to understand

which types of inequality are unacceptable and why.

DEFINING CIVIL RIGHTS

Civil rights are, at the most fundamental level, guarantees by the government that it will treat people

equally, particularly people belonging to groups that have historically been denied the same rights and

opportunities as others. The proclamation that “all men are created equal” appears in the Declaration of

Independence, and the due process clause of the Fifth Amendment to the U.S. Constitution requires that

the federal government treat people equally. According to Chief Justice Earl Warren in the Supreme Court

case of Bolling v. Sharpe (1954), “discrimination may be so unjustifiable as to be violative of due process.”3

Additional guarantees of equality are provided by the equal protection clause of the Fourteenth

Amendment, ratified in 1868, which states in part that “No State shall . . . deny to any person within its

jurisdiction the equal protection of the laws.” Thus, between the Fifth and Fourteenth Amendments, neither

state governments nor the federal government may treat people unequally unless unequal treatment is

necessary to maintain important governmental interests, like public safety.

We can contrast civil rights with civil liberties, which are limitations on government power designed to

protect our fundamental freedoms. For example, the Eighth Amendment prohibits the application of “cruel

and unusual punishments” to those convicted of crimes, a limitation on government power. As another

example, the guarantee of equal protection means the laws and the Constitution must be applied on an

equal basis, limiting the government’s ability to discriminate or treat some people differently, unless the

unequal treatment is based on a valid reason, such as age. A law that imprisons Asian Americans twice as

long as Latinos for the same offense, or a law that says people with disabilities don’t have the right to

contact members of Congress while other people do, would treat some people differently from others for

no valid reason and might well be unconstitutional. According to the Supreme Court’s interpretation of the

Equal Protection Clause, “all persons similarly circumstanced shall be treated alike.”4 If people are not

similarly circumstanced, however, they may be treated differently. Asian Americans and Latinos who have

broken the same law are similarly circumstanced; however, a blind driver or a ten-year-old driver is

differently circumstanced than a sighted, adult driver.

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IDENTIFYING DISCRIMINATION

Laws that treat one group of people differently from others are not always unconstitutional. In fact, the

government engages in legal discrimination quite often. In most states, you must be eighteen years old to

smoke cigarettes and twenty-one to drink alcohol; these laws discriminate against the young. To get a

driver’s license so you can legally drive a car on public roads, you have to be a minimum age and pass tests

showing your knowledge, practical skills, and vision. Perhaps you are attending a public college or

university run by the government; the school you attend has an open admission policy, which means the

school admits all who apply. Not all public colleges and universities have an open admissions policy,

however. These schools may require that students have a high school diploma or a particular score on the

SAT or ACT or a GPA above a certain number. In a sense, this is discrimination, because these requirements

treat people unequally; people who do not have a high school diploma or a high enough GPA or SAT score

are not admitted. How can the federal, state, and local governments discriminate in all these ways even

though the equal protection clause seems to suggest that everyone be treated the same?

The answer to this question lies in the purpose of the discriminatory practice. In most cases when the courts

are deciding whether discrimination is unlawful, the government has to demonstrate only that it has a good

reason for engaging in it. Unless the person or group challenging the law can prove otherwise, the courts

will generally decide the discriminatory practice is allowed. In these cases, the courts are applying the

rational basis test. That is, as long as there’s a reason for treating some people differently that is “rationally

related to a legitimate government interest,” the discriminatory act or law or policy is acceptable.5 For

example, since letting blind people operate cars would be dangerous to others on the road, the law

forbidding them to drive is reasonably justified on the grounds of safety; thus, it is allowed even though it

discriminates against the blind. Similarly, when universities and colleges refuse to admit students who fail

to meet a certain test score or GPA, they can discriminate against students with weaker grades and test

scores because these students most likely do not possess the knowledge or skills needed to do well in their

classes and graduate from the institution. The universities and colleges have a legitimate reason for denying

these students entrance.

The courts, however, are much more skeptical when it comes to certain other forms of discrimination.

Because of the United States’ history of discrimination against people of non-white ancestry, women, and

members of ethnic and religious minorities, the courts apply more stringent rules to policies, laws, and

actions that discriminate on the basis of race, ethnicity, gender, religion, or national origin.6

Discrimination based on gender or sex is generally examined with intermediate scrutiny. The standard of

intermediate scrutiny was first applied by the Supreme Court in Craig v. Boren (1976) and again in Clark v.

Jeter (1988).7 It requires the government to demonstrate that treating men and women differently is

“substantially related to an important governmental objective.” This puts the burden of proof on the

government to demonstrate why the unequal treatment is justifiable, not on the individual who alleges

unfair discrimination has taken place. In practice, this means laws that treat men and women differently

are sometimes upheld, although usually they are not. For example, in the 1980s and 1990s, the courts ruled

that states could not operate single-sex institutions of higher education and that such schools, like South

Carolina’s military college The Citadel, shown in Figure 5.2, must admit both male and female students.8

Women in the military are now also allowed to serve in all combat roles, although the courts have continued

to allow the Selective Service System (the draft) to register only men and not women.9

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Figure 5.2 While the first female cadets graduated from the U.S. Military Academy at West Point in 1980 (a), The

Citadel, a military college in South Carolina (b), was an all-male institution until 1995 when a young woman named

Shannon Faulkner enrolled in the school.

Discrimination against members of racial, ethnic, or religious groups or those of various national origins is

reviewed to the greatest degree by the courts, which apply the strict scrutiny standard in these cases. Under

strict scrutiny, the burden of proof is on the government to demonstrate that there is a compelling

governmental interest in treating people from one group differently from those who are not part of that

group—the law or action can be “narrowly tailored” to achieve the goal in question, and that it is the “least

restrictive means” available to achieve that goal.10 In other words, if there is a non-discriminatory way to

accomplish the goal in question, discrimination should not take place. In the modern era, laws and actions

that are challenged under strict scrutiny have rarely been upheld. Strict scrutiny, however, was the legal

basis for the Supreme Court’s 1944 upholding of the legality of the internment of Japanese Americans during

World War II, discussed later in this chapter.11 Finally, affirmative action consists of government programs

and policies designed to benefit members of groups historically subject to discrimination. Much of the

controversy surrounding affirmative action is about whether strict scrutiny should be applied to these

cases.

PUTTING CIVIL RIGHTS IN THE CONSTITUTION

At the time of the nation’s founding, of course, the treatment of many groups was unequal: hundreds of

thousands of people of African descent were not free, the rights of women were decidedly fewer than those

of men, and the native peoples of North America were generally not considered U.S. citizens at all. While

the early United States was perhaps a more inclusive society than most of the world at that time, equal

treatment of all was at best still a radical idea.

The aftermath of the Civil War marked a turning point for civil rights. The Republican majority in Congress

was enraged by the actions of the reconstituted governments of the southern states. In these states, many

former Confederate politicians and their sympathizers returned to power and attempted to circumvent the

Thirteenth Amendment’s freeing of slaves by passing laws known as the black codes. These laws were

designed to reduce former slaves to the status of serfs or indentured servants; blacks were not just denied

the right to vote but also could be arrested and jailed for vagrancy or idleness if they lacked jobs. Blacks were

excluded from public schools and state colleges and were subject to violence at the hands of whites (Figure

5.3).12

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Figure 5.3 A school built by the federal government for former slaves burned after being set on fire during a race riot

in Memphis, Tennessee, in 1866. White southerners, angered by their defeat in the Civil War and the loss of their

slave property, attacked and killed former slaves, destroyed their property, and terrorized white northerners who

attempted to improve the freed slaves’ lives.

To override the southern states’ actions, lawmakers in Congress proposed two amendments to the

Constitution designed to give political equality and power to former slaves; once passed by Congress and

ratified by the necessary number of states, these became the Fourteenth and Fifteenth Amendments. The

Fourteenth Amendment, in addition to including the equal protection clause as noted above, also was

designed to ensure that the states would respect the civil liberties of freed slaves. The Fifteenth Amendment

was proposed to ensure the right to vote for black men, which will be discussed in more detail later in this

chapter.

IDENTIFYING CIVIL RIGHTS ISSUES

When we look back at the past, it’s relatively easy to identify civil rights issues that arose. But looking into

the future is much harder. For example, few people fifty years ago would have identified the rights of the

LGBT community as an important civil rights issue or predicted it would become one, yet in the intervening

decades it has certainly done so. Similarly, in past decades the rights of those with disabilities, particularly

mental disabilities, were often ignored by the public at large. Many people with disabilities were

institutionalized and given little further thought, and within the past century, it was common for those

with mental disabilities to be subject to forced sterilization.13 Today, most of us view this treatment as

barbaric.

Clearly, then, new civil rights issues can emerge over time. How can we, as citizens, identify them as they

emerge and distinguish genuine claims of discrimination from claims by those who have merely been

unable to convince a majority to agree with their viewpoints? For example, how do we decide if

Chapter 5 | Civil Rights 161

twelve-year-olds are discriminated against because they are not allowed to vote? We can identify true

discrimination by applying the following analytical process:

1. Which groups? First, identify the group of people who are facing discrimination.

2. Which right(s) are threatened? Second, what right or rights are being denied to members of this

group?

3. What do we do? Third, what can the government do to bring about a fair situation for the affected

group? Is proposing and enacting such a remedy realistic?

5.2 The African American Struggle for Equality

Learning Objectives

By the end of this section, you will be able to:

• Identify key events in the history of African American civil rights

• Explain how the courts, Congress, and the executive branch supported the civil rights movement

• Describe the role of grassroots efforts in the civil rights movement

Many groups in U.S. history have sought recognition as equal citizens. Although each group’s efforts have

been notable and important, arguably the greatest, longest, and most violent struggle was that of African

Americans, whose once-inferior legal status was even written into the text of the Constitution. Their fight

for freedom and equality provided the legal and moral foundation for others who sought recognition of

their equality later on.

SLAVERY AND THE CIVIL WAR

In the Declaration of Independence, Thomas Jefferson made the radical statement that “all men are created

Get Connected!

Join the Fight for Civil Rights

One way to get involved in the fight for civil rights is to stay informed. The Southern Poverty Law Center (SPLC)

is a not-for-profit advocacy group based in Montgomery, Alabama. Lawyers for the SPLC specialize in civil

rights litigation and represent many people whose rights have been violated, from victims of hate crimes to

undocumented immigrants. They provide summaries of important civil rights cases (https://openstax.org/

l/29SPLCcivri) under their Docket section.

Activity: Visit the SPLC website (https://www.openstax.org/l/29splcwebsite) to find current information

about a variety of different hate groups. In what part of the country do hate groups seem to be concentrated?

Where are hate incidents most likely to occur? What might be some reasons for this?

Link to Learning

Civil rights institutes are found throughout the United States and especially in the south. One of the most

prominent civil rights institutes is the Birmingham Civil Rights Institute, (https://www.openstax.org/l/

29birmingcilrig) which is located in Alabama.

Chapter 5 | Civil Rights 161

equal” and “are endowed by their Creator with certain unalienable Rights, that among these are Life,

Liberty and the pursuit of Happiness.” Yet like other wealthy landowners of his time, Jefferson also owned

dozens of other human beings as his personal property. He recognized this contradiction and personally

considered the institution of slavery to be a “hideous blot” on the nation.14 However, in order to forge a

political union that would stand the test of time, he and the other founders—and later the framers of the

Constitution—chose not to address the issue in any definitive way. Political support for abolition was very

much a minority stance at the time, although after the Revolution many of the northern states did abolish

slavery for a variety of reasons.15

As the new United States expanded westward, however, the issue of slavery became harder to ignore and

ignited much controversy. Many opponents of slavery were willing to accept the institution if it remained

largely confined to the South but did not want it to spread westward. They feared the expansion of slavery

would lead to the political dominance of the South over the North and would deprive small farmers in the

newly acquired western territories who could not afford slaves.16 Abolitionists, primarily in the North, also

argued that slavery was both immoral and opposed basic U.S. values; they demanded an end to it.

The spread of slavery into the West seemed inevitable, however, following the Supreme Court’s ruling in

the case Dred Scott v. Sandford,17 decided in 1857. Scott, who had been born into slavery but had spent time

in free states and territories, argued that his temporary residence in a territory where slavery had been

banned by the federal government had made him a free man. The Supreme Court rejected his argument.

In fact, the Court’s majority stated that Scott had no legal right to sue for his freedom at all because blacks

(whether free or slave) were not and could not become U.S. citizens. Thus, Scott lacked the standing to even

appear before the court. The Court also held that Congress lacked the power to decide whether slavery

would be permitted in a territory that had been acquired after the Constitution was ratified, in effect

prohibiting the federal government from passing any laws that would limit the expansion of slavery into

any part of the West.

Ultimately, of course, the issue was decided by the Civil War (1861–1865), with the southern states seceding

to defend their “states’ rights” to determine their own destinies without interference by the federal

government. Foremost among the rights claimed by the southern states was the right to decide whether

their residents would be allowed to own slaves.18 Although at the beginning of the war President Abraham

Lincoln had been willing to allow slavery to continue in the South to preserve the Union, he changed his

policies regarding abolition over the course of the war. The first step was the issuance of the Emancipation

Proclamation on January 1, 1863 (Figure 5.4). Although it stated “all persons held as slaves

. . . henceforward shall be free,” the proclamation was limited in effect to the states that had rebelled. Slaves

in states that had remained within the Union, such as Maryland and Delaware, and in parts of the

Confederacy that were already occupied by the Union army, were not set free. Although slaves in states in

rebellion were technically freed, because Union troops controlled relatively small portions of these states at

the time, it was impossible to ensure that enslaved people were freed in reality and not simply on paper.19

Chapter 5 | Civil Rights 162

Figure 5.4 In this memorial engraving from 1865 (the year he was assassinated), President Abraham Lincoln is

shown with his hand resting on a copy of the Emancipation Proclamation (a). Despite popular belief, the

Emancipation Proclamation (b) actually freed very few slaves, though it did change the meaning of the war.

RECONSTRUCTION

At the end of the Civil War, the South entered a period called Reconstruction (1865–1877) during which

state governments were reorganized before the rebellious states were allowed to be readmitted to the

Union. As part of this process, the Republican Party pushed for a permanent end to slavery. A

constitutional amendment to this effect was passed by the House of Representatives in January 1865, after

having already been approved by the Senate in April 1864, and it was ratified in December 1865 as the

Thirteenth Amendment. The amendment’s first section states, “Neither slavery nor involuntary servitude,

except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the

United States, or any place subject to their jurisdiction.” In effect, this amendment outlawed slavery in the

United States.

The changes wrought by the Fourteenth Amendment were more extensive. In addition to introducing the

equal protection clause to the Constitution, this amendment also extended the due process clause of the

Fifth Amendment to the states, required the states to respect the privileges or immunities of all citizens,

and, for the first time, defined citizenship at the national and state levels. People could no longer be

excluded from citizenship based solely on their race. Although some of these provisions were rendered

mostly toothless by the courts or the lack of political action to enforce them, others were pivotal in the

expansion of civil rights.

The Fifteenth Amendment stated that people could not be denied the right to vote based on “race, color, or

previous condition of servitude.” This construction allowed states to continue to decide the qualifications

of voters as long as those qualifications were ostensibly race-neutral. Thus, while states could not deny

Chapter 5 | Civil Rights 163

African American men the right to vote on the basis of race, they could deny it to women on the basis of

sex or to people who could not prove they were literate.

Although the immediate effect of these provisions was quite profound, over time the Republicans in Congress gradually lost interest in pursuing Reconstruction policies, and the Reconstruction ended with

the end of military rule in the South and the withdrawal of the Union army in 1877.20 Following the army’s removal, political control of the South fell once again into the hands of white men, and violence was used

to discourage blacks from exercising the rights they had been granted.21 The revocation of voting rights, or

disenfranchisement, took a number of forms; not every southern state used the same methods, and some

states used more than one, but they all disproportionately affected black voter registration and turnout.22

Perhaps the most famous of the tools of disenfranchisement were literacy tests and understanding tests.

Literacy tests, which had been used in the North since the 1850s to disqualify naturalized European

immigrants from voting, called on the prospective voter to demonstrate his (and later her) ability to read a

particular passage of text. However, since voter registration officials had discretion to decide what text

the voter was to read, they could give easy passages to voters they wanted to register (typically whites)

and more difficult passages to those whose registration they wanted to deny (typically blacks).

Understanding tests required the prospective voter to explain the meaning of a particular passage of text,

often a provision of the U.S. Constitution, or answer a series of questions related to citizenship. Again, since

the official examining the prospective voter could decide which passage or questions to choose, the

difficulty of the test might vary dramatically between white and black applicants.23 Even had these tests

been administered fairly and equitably, however, most blacks would have been at a huge disadvantage,

because few could read. Although schools for blacks had existed in some places, southern states had made

it largely illegal to teach slaves to read and write. At the beginning of the Civil War, only 5 percent of blacks

could read and write, and most of them lived in the North.24 Some were able to take advantage of

educational opportunities after they were freed, but many were not able to gain effective literacy.

In some states, poorer, less literate white voters feared being disenfranchised by the literacy and

understanding tests. Some states introduced a loophole, known as the grandfather clause, to allow less

literate whites to vote. The grandfather clause exempted those who had been allowed to vote in that state

prior to the Civil War and their descendants from literacy and understanding tests.25 Because blacks were

not allowed to vote prior to the Civil War, but most white men had been voting at a time when there were

no literacy tests, this loophole allowed most illiterate whites to vote (Figure 5.5) while leaving obstacles in

place for blacks who wanted to vote as well. Time limits were often placed on these provisions because

state legislators realized that they might quickly be declared unconstitutional, but they lasted long enough

to allow illiterate white men to register to vote.26

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Figure 5.5 A magazine cartoon from 1879 ridicules the practice of illiterate, southern whites requiring that a

“blakman” be “eddikated” before he could vote. The grandfather clause made such a situation possible.

In states where the voting rights of poor whites were less of a concern, another tool for disenfranchisement

was the poll tax (Figure 5.6). This was an annual per-person tax, typically one or two dollars (on the order

of $20 to $50 today), that a person had to pay to register to vote. People who didn’t want to vote didn’t

have to pay, but in several states the poll tax was cumulative, so if you decided to vote you would have to

pay not only the tax due for that year but any poll tax from previous years as well. Because former slaves

were usually quite poor, they were less likely than white men to be able to pay poll taxes.27

Figure 5.6 According to this receipt, a man named A. S. White paid his $1 poll tax in Jefferson Parish, Louisiana, in

1917.

Chapter 5 | Civil Rights 165

Although these methods were usually sufficient to ensure that blacks were kept away from the polls, some

dedicated African Americans did manage to register to vote despite the obstacles placed in their way. To

ensure their vote was largely meaningless, the white elites used their control of the Democratic Party to

create the white primary: primary elections in which only whites were allowed to vote. The state party

organizations argued that as private groups, rather than part of the state government, they had no

obligation to follow the Fifteenth Amendment’s requirement not to deny the right to vote on the basis of

race. Furthermore, they contended, voting for nominees to run for office was not the same as electing those

who would actually hold office. So they held primary elections to choose the Democratic nominee in which

only white citizens were allowed to vote.28 Once the nominee had been chosen, he or she might face token

opposition from a Republican or minor-party candidate in the general election, but since white voters had

agreed beforehand to support whoever won the Democrats’ primary, the outcome of the general election

was a foregone conclusion.

With blacks effectively disenfranchised, the restored southern state governments undermined guarantees

of equal treatment in the Fourteenth Amendment. They passed laws that excluded African Americans from

juries and allowed the imprisonment and forced labor of “idle” black citizens. The laws also called for

segregation of whites and blacks in public places under the doctrine known as “separate but equal.” As

long as nominally equal facilities were provided for both whites and blacks, it was legal to require members

of each race to use the facilities designated for them. Similarly, state and local governments passed laws

limiting what neighborhoods blacks and whites could live in. Collectively, these discriminatory laws came

to be known as Jim Crow laws. The Supreme Court upheld the separate but equal doctrine in 1896 in Plessy

v. Ferguson, consistent with the Fourteenth Amendment’s equal protection clause, and allowed segregation

to continue.29

CIVIL RIGHTS IN THE COURTS

By the turn of the twentieth century, the position of African Americans was quite bleak. Even outside the

South, racial inequality was a fact of everyday life. African American leaders and thinkers themselves

disagreed on the right path forward. Some, like Booker T. Washington, argued that acceptance of inequality

and segregation over the short term would allow African Americans to focus their efforts on improving

their educational and social status until whites were forced to acknowledge them as equals. W.

E. B. Du Bois, however, argued for a more confrontational approach and in 1909 founded the National

Association for the Advancement of Colored People (NAACP) as a rallying point for securing equality.

Liberal whites dominated the organization in its early years, but African Americans assumed control over

its operations in the 1920s.30

The NAACP soon focused on a strategy of overturning Jim Crow laws through the courts. Perhaps its

greatest series of legal successes consisted of its efforts to challenge segregation in education. Early cases

brought by the NAACP dealt with racial discrimination in higher education. In 1938, the Supreme Court

essentially gave states a choice: they could either integrate institutions of higher education, or they could

establish an equivalent university or college for African Americans.31 Southern states chose to establish

colleges for blacks rather than allow them into all-white state institutions. Although this ruling expanded

opportunities for professional and graduate education in areas such as law and medicine for African

Americans by requiring states to provide institutions for them to attend, it nevertheless allowed segregated

colleges and universities to continue to exist.

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The landmark court decision of the judicial phase of the civil rights movement settled the Brown v. Board

of Education case in 1954.32 In this case, the Supreme Court unanimously overturned its decision in Plessy

v. Ferguson as it pertained to public education, stating that a separate but equal education was a logical

impossibility. Even with the same funding and equivalent facilities, a segregated school could not have the

same teachers or environment as the equivalent school for another race. The court also rested its decision

in part on social science studies suggesting that racial discrimination led to feelings of inferiority among

African American children. The only way to dispel this sense of inferiority was to end segregation and

integrate public schools.

It is safe to say this ruling was controversial. While integration of public schools took place without much

incident in some areas of the South, particularly where there were few black students, elsewhere it was

often confrontational—or nonexistent. In recognition of the fact that southern states would delay school

integration for as long as possible, civil rights activists urged the federal government to enforce the

Supreme Court’s decision. Organized by A. Philip Randolph and Bayard Rustin, approximately twenty-

five thousand African Americans gathered in Washington, DC, on May 17, 1957, to participate in a Prayer

Pilgrimage for Freedom.33

A few months later, in Little Rock, Arkansas, governor Orval Faubus resisted court-ordered integration

and mobilized National Guard troops to keep black students out of Central High School. President

Eisenhower then called up the Arkansas National Guard for federal duty (essentially taking the troops out

of Faubus’s hands) and sent soldiers of the 101st Airborne Division to escort students to and from classes,

as shown in Figure 5.7. To avoid integration, Faubus closed four high schools in Little Rock the following

school year.34

Figure 5.7 Opposition to the 1957 integration of Little Rock’s all-white Central High School led President

Eisenhower to call in soldiers of the 101st Airborne Division. For a year, they escorted nine African American students

to and from school and to and from classes within the school. (credit: The U.S. Army)

In Virginia, state leaders employed a strategy of “massive resistance” to school integration, which led

Link to Learning

The NAACP (https://www.openstax.org/l/29naacporg) was pivotal in securing African American civil

rights and today continues to address civil rights violations, such as police brutality and the

disproportionate percentage of African American convicts that are given the death penalty.

Chapter 5 | Civil Rights 167

to the closure of a large number of public schools across the state, some for years.35 Although de jure

segregation, segregation mandated by law, had ended on paper, in practice, few efforts were made to

integrate schools in most school districts with substantial black student populations until the late 1960s.

Many white southerners who objected to sending their children to school with blacks then established

private academies that admitted only white students.36

Advances were made in the courts in areas other than public education. In many neighborhoods in

northern cities, which technically were not segregated, residents were required to sign restrictive real estate

covenants promising that if they moved, they would not sell their houses to African Americans and

sometimes not to Chinese, Japanese, Mexicans, Filipinos, Jews, and other ethnic minorities as well.37 In the

case of Shelley v. Kraemer (1948), the Supreme Court held that while such covenants did not violate the

Fourteenth Amendment because they consisted of agreements between private citizens, their provisions

could not be enforced by courts.38 Because state courts are government institutions and the Fourteenth

Amendment prohibits the government from denying people equal protection of the law, the courts’

enforcement of such covenants would be a violation of the amendment. Thus, if a white family chose to sell

its house to a black family and the other homeowners in the neighborhood tried to sue the seller, the court

would not hear the case. In 1967, the Supreme Court struck down a Virginia law that prohibited interracial

marriage in Loving v. Virginia.39

LEGISLATING CIVIL RIGHTS

Beyond these favorable court rulings, however, progress toward equality for African Americans remained

slow in the 1950s. In 1962, Congress proposed what later became the Twenty-Fourth Amendment, which

banned the poll tax in elections to federal (but not state or local) office; the amendment went into effect

after being ratified in early 1964. Several southern states continued to require residents to pay poll taxes in

order to vote in state elections until 1966 when, in the case of Harper v. Virginia Board of Elections, the

Supreme Court declared that requiring payment of a poll tax in order to vote in an election at any level was

unconstitutional.40

The slow rate of progress led to frustration within the African American community. Newer, grassroots

organizations such as the Southern Christian Leadership Conference (SCLC), Congress of Racial Equality

(CORE), and Student Non-Violent Coordinating Committee (SNCC) challenged the NAACP’s position as

the leading civil rights organization and questioned its legal-focused strategy. These newer groups tended

to prefer more confrontational approaches, including the use of direct action campaigns relying on marches

and demonstrations. The strategies of nonviolent resistance and civil disobedience, or the refusal to obey

an unjust law, had been effective in the campaign led by Mahatma Gandhi to liberate colonial India from

British rule in the 1930s and 1940s. Civil rights pioneers adopted these measures in the 1955–1956

Montgomery bus boycott. After Rosa Parks refused to give up her bus seat to a white person and was

arrested, a group of black women carried out a day-long boycott of Montgomery’s public transit system.

This boycott was then extended for over a year and overseen by union organizer E. D. Nixon. The effort

desegregated public transportation in that city.41

Direct action also took such forms as the sit-in campaigns to desegregate lunch counters that began in

Greensboro, North Carolina, in 1960, and the 1961 Freedom Rides in which black and white volunteers

rode buses and trains through the South to enforce a 1946 Supreme Court decision that desegregated

interstate transportation (Morgan v. Virginia).42 While such focused campaigns could be effective, they often

had little impact in places where they were not replicated. In addition, some of the campaigns led to

violence against both the campaigns’ leaders and ordinary people; Rosa Parks, a longtime NAACP member

and graduate of the Highlander Folk School for civil rights activists, whose actions had begun the

Montgomery boycott, received death threats, E. D. Nixon’s home was bombed, and the Freedom Riders

were attacked in Alabama.43

As the campaign for civil rights continued and gained momentum, President John F. Kennedy called for

Congress to pass new civil rights legislation, which began to work its way through Congress in 1963.

Chapter 5 | Civil Rights 168

The resulting law (pushed heavily and then signed by President Lyndon B. Johnson after Kennedy’s

assassination) was the Civil Rights Act of 1964, which had wide-ranging effects on U.S. society. Not only

did the act outlaw government discrimination and the unequal application of voting qualifications by race,

but it also, for the first time, outlawed segregation and other forms of discrimination by most businesses

that were open to the public, including hotels, theaters, and restaurants that were not private clubs. It

outlawed discrimination on the basis of race, ethnicity, religion, sex, or national origin by most

employers, and it created the Equal Employment Opportunity Commission (EEOC) to monitor

employment discrimination claims and help enforce this provision of the law. The provisions that affected

private businesses and employers were legally justified not by the Fourteenth Amendment’s guarantee of

equal protection of the laws but instead by Congress’s power to regulate interstate commerce.44

Even though the Civil Rights Act of 1964 had a monumental impact over the long term, it did not end

efforts by many southern whites to maintain the white-dominated political power structure in the region.

Progress in registering African American voters remained slow in many states despite increased federal

activity supporting it, so civil rights leaders including Martin Luther King, Jr. decided to draw the public

eye to the area where the greatest resistance to voter registration drives were taking place. The SCLC and

SNCC particularly focused their attention on the city of Selma, Alabama, which had been the site of violent

reactions against civil rights activities.

The organizations’ leaders planned a march from Selma to Montgomery in March 1965. Their first attempt

to march was violently broken up by state police and sheriff’s deputies (Figure 5.8). The second attempt

was aborted because King feared it would lead to a brutal confrontation with police and violate a court

order from a federal judge who had been sympathetic to the movement in the past. That night, three of the

marchers, white ministers from the north, were attacked and beaten with clubs by members of the Ku Klux

Klan; one of the victims died from his injuries. Televised images of the brutality against protesters and the

death of a minister led to greater public sympathy for the cause. Eventually, a third march was successful

in reaching the state capital of Montgomery.45

Figure 5.8 The police attack on civil rights demonstrators as they crossed the Edmund Pettus Bridge on their way

from Selma to Montgomery on March 7, 1965, is remembered as “Bloody Sunday.”

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The events at Selma galvanized support in Congress for a follow-up bill solely dealing with the right to

vote. The Voting Rights Act of 1965 went beyond previous laws by requiring greater oversight of elections

by federal officials. Literacy and understanding tests, and other devices used to discriminate against voters

on the basis of race, were banned. The Voting Rights Act proved to have much more immediate and

dramatic effect than the laws that preceded it; what had been a fairly slow process of improving voter

registration and participation was replaced by a rapid increase of black voter registration rates—although

white registration rates increased over this period as well.46 To many people’s way of thinking, however,

the Supreme Court turned back the clocks when it gutted a core aspect of the Voting Rights Act in Shelby

County v. Holder (2013).47 No longer would states need federal approval to change laws and policies related

to voting. Indeed, many states with a history of voter discrimination quickly resumed restrictive practices

with laws requiring photo ID and limiting early voting. Some of the new restrictions are already being

challenged in the courts.48

Not all African Americans in the civil rights movement were comfortable with gradual change. Instead of

using marches and demonstrations to change people’s attitudes, calling for tougher civil rights laws, or

suing for their rights in court, they favored more immediate action that forced whites to give in to their

demands. Men like Malcolm X, the leader of the Nation of Islam, and groups like the Black Panthers were

willing to use violence to achieve their goals (Figure 5.9).49 These activists called for Black Power and Black

Pride, not assimilation into white society. Their position was attractive to many young African Americans,

especially after Martin Luther King, Jr. was assassinated in 1968.

Link to Learning

The 1987 PBS documentary Eyes on the Prize (https://www.openstaxcollege.org/l/29eyesonthepriz)

won several Emmys and other awards for its coverage of major events in the civil rights movement,

including the Montgomery bus boycott, the battle for school integration in Little Rock, the march from

Selma to Montgomery, and Martin Luther King, Jr.’s leadership of the march on Washington, DC.

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Figure 5.9 Martin Luther King, Jr. (left) and Malcolm X (right) adopted different approaches to securing civil rights for

African Americans. This occasion, a Senate debate of the Civil Rights Act of 1964, was the only time the two men

ever met.

CONTINUING CHALLENGES FOR AFRICAN AMERICANS

The civil rights movement for African Americans did not end with the passage of the Voting Rights Act in

1965. For the last fifty years, the African American community has faced challenges related to both past

and current discrimination; progress on both fronts remains slow, uneven, and often frustrating.

Legacies of the de jure segregation of the past remain in much of the United States. Many African Americans

still live in predominantly black neighborhoods where their ancestors were forced by laws and housing

covenants to live.50 Even those who live in the suburbs, once largely white, tend to live in suburbs that are

mostly black.51 Some two million African American young people attend schools whose student body is

composed almost entirely of students of color.52 During the late 1960s and early 1970s, efforts to tackle

these problems were stymied by large-scale public opposition, not just in the South but across the nation.

Attempts to integrate public schools through the use of busing—transporting students from one segregated

neighborhood to another to achieve more racially balanced schools—were particularly unpopular and

helped contribute to “white flight” from cities to the suburbs.53 This white flight has created de facto

segregation, a form of segregation that results from the choices of individuals to live in segregated

communities without government action or support.

Today, a lack of high-paying jobs in many urban areas, combined with the poverty resulting from the

legacies of slavery and Jim Crow and persistent racism, has trapped many African Americans in poor

neighborhoods. While the Civil Rights Act of 1964 created opportunities for members of the black middle

class to advance economically and socially, and to live in the same neighborhoods as the white middle class

did, their departure left many black neighborhoods mired in poverty and without the strong community

ties that existed during the era of legal segregation. Many of these neighborhoods also suffered from high

rates of crime and violence.54 Police also appear, consciously or subconsciously, to engage in racial

profiling: singling out blacks (and Latinos) for greater attention than members of other racial and ethnic

groups, as former FBI director James B. Comey has admitted.55 When incidents of real or perceived

Chapter 5 | Civil Rights 171

injustice arise, as recently occurred after a series of deaths of young black men at the hands of police in

Ferguson, Missouri; Staten Island, New York; and Baltimore, Maryland, many African Americans turn to

the streets to protest because they believe that politicians—white and black alike—fail to pay sufficient

attention to these problems.

While the public mood may have shifted toward greater concern about economic inequality in the United

States, substantial policy changes to immediately improve the economic standing of African Americans in

general have not followed, that is, if government-based policies and solutions are the answer. The Obama

administration proposed new rules under the Fair Housing Act that were intended to lead to more

integrated communities in the future; however, the Trump administration has repeatedly sought to weaken

the Fair Housing Act, primarily through lack of enforcement of existing regulations.56 Meanwhile,

grassroots movements to improve neighborhoods and local schools have taken root in many black

communities across America, and perhaps in those movements is the hope for greater future progress.

Figure 5.10 As part of the "Unite the Right" rally on August 12, 2017, white supremacists and other alt-right groups

prepare to enter Emancipation Park in Charlottesville, Virginia, carrying Nazi and Confederate flags. The rally was

planned in part as a response to the removal of a statue of Robert E. Lee from the park earlier that year. (credit:

Anthony Crider)

Other recent movements are more troubling, notably the increased presence and influence of white

nationalism throughout the country. This movement espouses white supremacy and does not shrink from

the threat or use of violence to achieve it. Such violence occurred in Charlottesville, Virginia, in August

2017, when various white supremacist groups and alt-right forces joined together in a "Unite the Right"

rally (Figure 5.10). This rally included chants and racial slurs against African Americans and Jews. Those

rallying clashed with counter-protestors, one of whom died when an avowed Neo-Nazi deliberately drove

his car into a group of peaceful protestors. He has since been convicted and sentenced to life in prison for

his actions. This event sent troubling shockwaves through U.S. politics, as leaders tried to grapple with the

significance of the event. President Trump took some heat for suggesting that "good people existed on both

sides of the clash."57

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Finding a Middle Ground

Affirmative Action

One of the major controversies regarding race in the United States today is related to affirmative action, the

practice of ensuring that members of historically disadvantaged or underrepresented groups have equal access

to opportunities in education, the workplace, and government contracting. The phrase affirmative action

originated in the Civil Rights Act of 1964 and Executive Order 11246, and it has drawn controversy ever since.

The Civil Rights Act of 1964 prohibited discrimination in employment, and Executive Order 11246, issued in

1965, forbade employment discrimination not only within the federal government but by federal contractors and

contractors and subcontractors who received government funds.

Clearly, African Americans, as well as other groups, have been subject to discrimination in the past and present,

limiting their opportunity to compete on a level playing field with those who face no such challenge. Opponents

of affirmative action, however, point out that many of its beneficiaries are ethnic minorities from relatively

affluent backgrounds, while whites and Asian Americans who grew up in poverty are expected to succeed

despite facing many of the same handicaps.

Because affirmative action attempts to redress discrimination on the basis of race or ethnicity, it is generally

subject to the strict scrutiny standard, which means the burden of proof is on the government to demonstrate

the necessity of racial discrimination to achieve a compelling governmental interest. In 1978, in Bakke v.

California, the Supreme Court upheld affirmative action and said that colleges and universities could consider

race when deciding whom to admit but could not establish racial quotas.58 In 2003, the Supreme Court

reaffirmed the Bakke decision in Grutter v. Bollinger, which said that taking race or ethnicity into account as one

of several factors in admitting a student to a college or university was acceptable, but a system setting aside

seats for a specific quota of minority students was not.59 All these issues are back under discussion in the

Supreme Court with the re-arguing of Fisher v. University of Texas.60 In Fisher v. University of Texas (2013,

known as Fisher I), University of Texas student Abigail Fisher brought suit to declare UT’s race-based

admissions policy as inconsistent with Grutter. The court did not see the UT policy that way and allowed it, so

long as it remained narrowly tailored and not quota-based. Fisher II (2016) was decided by a 4–3 majority. It

allowed race-based admissions, but required that the utility of such an approach had to be re-established on a

regular basis.

Should race be a factor in deciding who will be admitted to a particular college? Why or why not?

5.3 The Fight for Women’s Rights

Learning Objectives

By the end of this section, you will be able to:

• Describe early efforts to achieve rights for women

• Explain why the Equal Rights Amendment failed to be ratified

• Describe the ways in which women acquired greater rights in the twentieth century

• Analyze why women continue to experience unequal treatment

Along with African Americans, women of all races and ethnicities have long been discriminated against in

the United States, and the women’s rights movement began at the same time as the movement to abolish

slavery in the United States. Indeed, the women’s movement came about largely as a result of the

difficulties women encountered while trying to abolish slavery. The trailblazing Seneca Falls Convention

for women’s rights was held in 1848, a few years before the Civil War. But the abolition and African

American civil rights movements largely eclipsed the women’s movement throughout most of the

nineteenth century. Women began to campaign actively again in the late nineteenth and early twentieth

centuries, and another movement for women’s rights began in the 1960s.

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THE EARLY WOMEN’S RIGHTS MOVEMENT AND WOMEN’S SUFFRAGE

At the time of the American Revolution, women had few rights. Although single women were allowed to

own property, married women were not. When women married, their separate legal identities were erased

under the legal principle of coverture. Not only did women adopt their husbands’ names, but all personal

property they owned legally became their husbands’ property. Husbands could not sell their wives’ real

property—such as land or in some states slaves—without their permission, but they were allowed to

manage it and retain the profits. If women worked outside the home, their husbands were entitled to their

wages.61 So long as a man provided food, clothing, and shelter for his wife, she was not legally allowed to

leave him. Divorce was difficult and in some places impossible to obtain.62 Higher education for women

was not available, and women were barred from professional positions in medicine, law, and ministry.

Following the Revolution, women’s conditions did not improve. Women were not granted the right to vote

by any of the states except New Jersey, which at first allowed all taxpaying property owners to vote.

However, in 1807, the law changed to limit the vote to men.63 Changes in property laws actually hurt

women by making it easier for their husbands to sell their real property without their consent.

Although women had few rights, they nevertheless played an important role in transforming American

society. This was especially true in the 1830s and 1840s, a time when numerous social reform movements

swept across the United States. Many women were active in these causes, especially the abolition

movement and the temperance movement, which tried to end the excessive consumption of liquor. They

often found they were hindered in their efforts, however, either by the law or by widely held beliefs that

they were weak, silly creatures who should leave important issues to men.64 One of the leaders of the early

women’s movement, Elizabeth Cady Stanton (Figure 5.11), was shocked and angered when she sought to

attend an 1840 antislavery meeting in London, only to learn that women would not be allowed to

participate and had to sit apart from the men. At this convention, she made the acquaintance of another

American female abolitionist, Lucretia Mott (Figure 5.11), who was also appalled by the male reformers’

treatment of women.65

Figure 5.11 Elizabeth Cady Stanton (a) and Lucretia Mott (b) both emerged from the abolitionist movement as

strong advocates of women’s rights.

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In 1848, Stanton and Mott called for a women’s rights convention, the first ever held specifically to address

the subject, at Seneca Falls, New York. At the Seneca Falls Convention, Stanton wrote the Declaration of

Sentiments, which was modeled after the Declaration of Independence and proclaimed women were equal

to men and deserved the same rights. Among the rights Stanton wished to see granted to women was

suffrage, the right to vote. When called upon to sign the Declaration, many of the delegates feared that if

women demanded the right to vote, the movement would be considered too radical and its members would

become a laughingstock. The Declaration passed, but the resolution demanding suffrage was the only one

that did not pass unanimously.66

Along with other feminists (advocates of women’s equality), such as her friend and colleague Susan

B. Anthony, Stanton fought for rights for women besides suffrage, including the right to seek higher

education. As a result of their efforts, several states passed laws that allowed married women to retain

control of their property and let divorced women keep custody of their children.67 Amelia Bloomer, another

activist, also campaigned for dress reform, believing women could lead better lives and be more useful to

society if they were not restricted by voluminous heavy skirts and tight corsets.

The women’s rights movement attracted many women who, like Stanton and Anthony, were active in

either the temperance movement, the abolition movement, or both movements. Sarah and Angelina

Grimke, the daughters of a wealthy slaveholding family in South Carolina, became first abolitionists and

then women’s rights activists.68 Many of these women realized that their effectiveness as reformers was

limited by laws that prohibited married women from signing contracts and by social proscriptions against

women addressing male audiences. Without such rights, women found it difficult to rent halls in which to

deliver lectures or to hire printers to produce antislavery literature.

Following the Civil War and the abolition of slavery, the women’s rights movement fragmented. Stanton

and Anthony denounced the Fifteenth Amendment because it granted voting rights only to black men and

not to women of any race.69 The fight for women’s rights did not die, however. In 1869, Stanton and

Anthony formed the National Woman Suffrage Association (NWSA), which demanded that the

Constitution be amended to grant the right to vote to all women. It also called for more lenient divorce laws

and an end to sex discrimination in employment. The less radical Lucy Stone formed the American Woman

Suffrage Association (AWSA) in the same year; AWSA hoped to win the suffrage for women by working

on a state-by-state basis instead of seeking to amend the Constitution.70 Four western states—Utah,

Colorado, Wyoming, and Idaho—did extend the right to vote to women in the late nineteenth century, but

no other states did.

Women were also granted the right to vote on matters involving liquor licenses, in school board elections,

and in municipal elections in several states. However, this was often done because of stereotyped beliefs

that associated women with moral reform and concern for children, not as a result of a belief in women’s

equality. Furthermore, voting in municipal elections was restricted to women who owned property.71 In

1890, the two suffragist groups united to form the National American Woman Suffrage Association

(NAWSA). To call attention to their cause, members circulated petitions, lobbied politicians, and held

parades in which hundreds of women and girls marched through the streets (Figure 5.12).

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Figure 5.12 In October 1917, suffragists marched down Fifth Avenue in New York demanding the right to vote. They

carried a petition that had been signed by one million women.

The more radical National Woman’s Party (NWP), led by Alice Paul, advocated the use of stronger tactics.

The NWP held public protests and picketed outside the White House (Figure 5.13).72 Demonstrators were

often beaten and arrested, and suffragists were subjected to cruel treatment in jail. When some, like Paul,

began hunger strikes to call attention to their cause, their jailers force-fed them, an incredibly painful and

invasive experience for the women.73 Finally, in 1920, the triumphant passage of the Nineteenth

Amendment granted all women the right to vote.

Figure 5.13 Members of the National Woman’s Party picketed outside the White House six days a week from

January 10, 1917, when President Woodrow Wilson took office, until June 4, 1919, when the Nineteenth Amendment

was passed by Congress. The protesters wore banners proclaiming the name of the institution of higher learning they

attended.

CIVIL RIGHTS AND THE EQUAL RIGHTS AMENDMENT

Just as the passage of the Thirteenth, Fourteenth, and Fifteenth Amendments did not result in equality for

African Americans, the Nineteenth Amendment did not end discrimination against women in education,

employment, or other areas of life, which continued to be legal. Although women could vote, they very

rarely ran for or held public office. Women continued to be underrepresented in the professions, and

relatively few sought advanced degrees. Until the mid-twentieth century, the ideal in U.S. society was

typically for women to marry, have children, and become housewives. Those who sought work for pay

outside the home were routinely denied jobs because of their sex and, when they did find employment,

Chapter 5 | Civil Rights 176

were paid less than men. Women who wished to remain childless or limit the number of children they had

in order to work or attend college found it difficult to do so. In some states it was illegal to sell contraceptive

devices, and abortions were largely illegal and difficult for women to obtain.

A second women’s rights movement emerged in the 1960s to address these problems. Title VII of the Civil

Rights Act of 1964 prohibited discrimination in employment on the basis of sex as well as race, color,

national origin, and religion. Nevertheless, women continued to be denied jobs because of their sex and

were often sexually harassed at the workplace. In 1966, feminists who were angered by the lack of progress

made by women and by the government’s lackluster enforcement of Title VII organized the National

Organization for Women (NOW). NOW promoted workplace equality, including equal pay for women,

and also called for the greater presence of women in public office, the professions, and graduate and

professional degree programs.

NOW also declared its support for the Equal Rights Amendment (ERA), which mandated equal treatment

for all regardless of sex. The ERA, written by Alice Paul and Crystal Eastman, was first proposed to

Congress, unsuccessfully, in 1923. It was introduced in every Congress thereafter but did not pass both the

House and the Senate until 1972. The amendment was then sent to the states for ratification with a deadline

of March 22, 1979. Although many states ratified the amendment in 1972 and 1973, the ERA still lacked

sufficient support as the deadline drew near. Opponents, including both women and men, argued that

passage would subject women to military conscription and deny them alimony and custody of their

children should they divorce.74 In 1978, Congress voted to extend the deadline for ratification to June 30,

1982. Even with the extension, however, the amendment failed to receive the support of the required thirty-

eight states; by the time the deadline arrived, it had been ratified by only thirty-five, some of those had

rescinded their ratifications, and no new state had ratified the ERA during the extension period (Figure

5.14).

Figure 5.14 The map shows which states supported the ERA and which did not. The dark blue states ratified the

amendment. The amendment was ratified but later rescinded in the light blue states and was ratified in only one

branch of the legislature in the yellow states. The ERA was never ratified by the purple states.

Chapter 5 | Civil Rights 177

Although the ERA failed to be ratified, Title IX of the United States Education Amendments of 1972 passed

into law as a federal statute (not as an amendment, as the ERA was meant to be). Title IX applies to all

educational institutions that receive federal aid and prohibits discrimination on the basis of sex in academic

programs, dormitory space, health-care access, and school activities including sports. Thus, if a school

receives federal aid, it cannot spend more funds on programs for men than on programs for women.

CONTINUING CHALLENGES FOR WOMEN

There is no doubt that women have made great progress since the Seneca Falls Convention. Today, more

women than men attend college, and they are more likely than men to graduate.75 Women are represented

in all the professions, and approximately half of all law and medical school students are women.76 Women

have held Cabinet positions and have been elected to Congress. They have run for president and vice

president, and three female justices currently serve on the Supreme Court. Women are also represented in

all branches of the military and can serve in combat. As a result of the 1973 Supreme Court decision in Roe

v. Wade, women now have legal access to abortion.77

Nevertheless, women are still underrepresented in some jobs and are less likely to hold executive positions

than are men. Many believe the glass ceiling, an invisible barrier caused by discrimination, prevents

women from rising to the highest levels of American organizations, including corporations, governments,

academic institutions, and religious groups. Women earn less money than men for the same work. As of

2014, fully employed women earned seventy-nine cents for every dollar earned by a fully employed man.78

Women are also more likely to be single parents than are men.79 As a result, more women live below the

poverty line than do men, and, as of 2012, households headed by single women are twice as likely to live

below the poverty line than those headed by single men.80 Women remain underrepresented in elective

offices. As of January 2019, women held only about 24 percent of seats in Congress and only about 29

percent of seats in state legislatures.81

Women remain subject to sexual harassment in the workplace and are more likely than men to be the

victims of domestic violence. Approximately one-third of all women have experienced domestic violence;

one in five women is assaulted during her college years.82

Many in the United States continue to call for a ban on abortion, and states have attempted to restrict

women’s access to the procedure. For example, many states have required abortion clinics to meet the same

standards set for hospitals, such as corridor size and parking lot capacity, despite lack of evidence

regarding the benefits of such standards. Abortion clinics, which are smaller than hospitals, often cannot

meet such standards. Other restrictions include mandated counseling before the procedure and the need

for minors to secure parental permission before obtaining abortion services.83 Whole Woman’s Health v.

Hellerstedt (2016) cited the lack of evidence for the benefit of larger clinics and further disallowed two Texas

laws that imposed special requirements on doctors in order to perform abortions.84 Furthermore, the

federal government will not pay for abortions for low-income women except in cases of rape or incest or in

situations in which carrying the fetus to term would endanger the life of the mother.85

To address these issues, many have called for additional protections for women. These include laws

mandating equal pay for equal work. According to the doctrine of comparable worth, people should be

compensated equally for work requiring comparable skills, responsibilities, and effort. Thus, even though

women are underrepresented in certain fields, they should receive the same wages as men if performing

jobs requiring the same level of accountability, knowledge, skills, and/or working conditions, even though

the specific job may be different.

For example, garbage collectors are largely male. The chief job requirements are the ability to drive a sanitation truck and to lift heavy bins and toss their contents into the back of truck. The average wage for

a garbage collector is $15.34 an hour.86 Daycare workers are largely female, and the average pay is

$9.12 an hour.87 However, the work arguably requires more skills and is a more responsible position.

Daycare workers must be able to feed, clean, and dress small children; prepare meals for them; entertain

Chapter 5 | Civil Rights 178

them; give them medicine if required; and teach them basic skills. They must be educated in first aid and

assume responsibility for the children’s safety. In terms of the skills and physical activity required and the

associated level of responsibility of the job, daycare workers should be paid at least as much as garbage

collectors and perhaps more. Women’s rights advocates also call for stricter enforcement of laws

prohibiting sexual harassment, and for harsher punishment, such as mandatory arrest, for perpetrators of

domestic violence.

5.4 Civil Rights for Indigenous Groups: Native Americans, Alaskans,

and Hawaiians

Learning Objectives

By the end of this section, you will be able to:

• Outline the history of discrimination against Native Americans

• Describe the expansion of Native American civil rights from 1960 to 1990

• Discuss the persistence of problems Native Americans face today

Native Americans have long suffered the effects of segregation and discrimination imposed by the U.S.

government and the larger white society. Ironically, Native Americans were not granted the full rights

Insider Perspective

Harry Burn and the Tennessee General Assembly

In 1918, the proposed Nineteenth Amendment to the Constitution, extending the right to vote to all adult female

citizens of the United States, was passed by both houses of Congress and sent to the states for ratification.

Thirty-six votes were needed. Throughout 1918 and 1919, the Amendment dragged through legislature after

legislature as pro- and anti-suffrage advocates made their arguments. By the summer of 1920, only one more

state had to ratify it before it became law. The Amendment passed through Tennessee’s state Senate and went

to its House of Representatives. Arguments were bitter and intense. Pro-suffrage advocates argued that the

amendment would reward women for their service to the nation during World War I and that women’s

supposedly greater morality would help to clean up politics. Those opposed claimed women would be degraded

by entrance into the political arena and that their interests were already represented by their male relatives. On

August 18, the amendment was brought for a vote before the House. The vote was closely divided, and it

seemed unlikely it would pass. But as a young anti-suffrage representative waited for his vote to be counted,

he remembered a note he had received from his mother that day. In it, she urged him, “Hurrah and vote for

suffrage!” At the last minute, Harry Burn abruptly changed his ballot. The amendment passed the House by

one vote, and eight days later, the Nineteenth Amendment was added to the Constitution.

How are women perceived in politics today compared to the 1910s? What were the competing arguments for

Harry Burn’s vote?

Link to Learning

The website for the Women’s National History Project (https://www.openstax.org/l/29womnathispro)

contains a variety of resources for learning more about the women’s rights movement and women’s

history. It features a history of the women’s movement, a “This Day in Women’s History” page, and

quizzes to test your knowledge.

Chapter 5 | Civil Rights 179

and protections of U.S. citizenship until long after African Americans and women were, with many having

to wait until the Nationality Act of 1940 to become citizens.88 This was long after the passage of the

Fourteenth Amendment in 1868, which granted citizenship to African Americans but not, the Supreme

Court decided in Elk v. Wilkins (1884), to Native Americans.89 White women had been citizens of the United

States since its very beginning even though they were not granted the full rights of citizenship.

Furthermore, Native Americans are the only group of Americans who were forcibly removed en masse

from the lands on which they and their ancestors had lived so that others could claim this land and its

resources. This issue remains relevant today as can be seen in the recent protests of the Dakota Access

Pipeline, which have led to intense confrontations between those in charge of the pipeline and Native

Americans.

NATIVE AMERICANS LOSE THEIR LAND AND THEIR RIGHTS

From the very beginning of European settlement in North America, Native Americans were abused and

exploited. Early British settlers attempted to enslave the members of various tribes, especially in the

southern colonies and states.90 Following the American Revolution, the U.S. government assumed

responsibility for conducting negotiations with Indian tribes, all of which were designated as sovereign

nations, and regulating commerce with them. Because Indians were officially regarded as citizens of other

nations, they were denied U.S. citizenship.91

As white settlement spread westward over the course of the nineteenth century, Indian tribes were forced

to move from their homelands. Although the federal government signed numerous treaties guaranteeing

Indians the right to live in the places where they had traditionally farmed, hunted, or fished, land-hungry

white settlers routinely violated these agreements and the federal government did little to enforce them.92

In 1830, Congress passed the Indian Removal Act, which forced Native Americans to move west of the

Mississippi River.93 Not all tribes were willing to leave their land, however. The Cherokee in particular resisted, and in the 1820s, the state of Georgia tried numerous tactics to force them from their territory. Efforts intensified in 1829 after gold was discovered there. Wishing to remain where they were, the tribe

sued the state of Georgia.94 In 1831, the Supreme Court decided in Cherokee Nation v. Georgia that Indian tribes were not sovereign nations, but also that tribes were entitled to their ancestral lands and could not

be forced to move from them.95

The next year, in Worcester v. Georgia, the Court ruled that whites could not enter tribal lands without the

tribe’s permission. White Georgians, however, refused to abide by the Court’s decision, and President

Andrew Jackson, a former Indian fighter, refused to enforce it.96 Between 1831 and 1838, members of

several southern tribes, including the Cherokees, were forced by the U.S. Army to move west along routes

shown in Figure 5.15. The forced removal of the Cherokees to Oklahoma Territory, which had been set

aside for settlement by displaced tribes and designated Indian Territory, resulted in the death of one-

quarter of the tribe’s population.97 The Cherokees remember this journey as the Trail of Tears.

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Figure 5.15 After the passage of the Indian Removal Act, the U.S. military forced the removal of the Cherokee,

Chickasaw, Choctaw, Creek, and Seminole from the Southeast to the western territory (present-day Oklahoma),

marching them along the routes shown here. The lines in yellow mark the routes taken by the Cherokee on the Trail

of Tears.

By the time of the Civil War, most Indian tribes had been relocated west of the Mississippi. However, once

large numbers of white Americans and European immigrants had also moved west after the Civil War,

Native Americans once again found themselves displaced. They were confined to reservations, which are

federal lands set aside for their use where non-Indians could not settle. Reservation land was usually poor,

however, and attempts to farm or raise livestock, not traditional occupations for most western tribes

anyway, often ended in failure. Unable to feed themselves, the tribes became dependent on the Bureau of

Indian Affairs (BIA) in Washington, DC, for support. Protestant missionaries were allowed to “adopt”

various tribes, to convert them to Christianity and thus speed their assimilation. In an effort to hasten this

process, Indian children were taken from their parents and sent to boarding schools, many of them run by

churches, where they were forced to speak English and abandon their traditional cultures.98

In 1887, the Dawes Severalty Act, another effort to assimilate Indians to white society, divided reservation

lands into individual allotments. Native Americans who accepted these allotments and agreed to sever

tribal ties were also given U.S. citizenship. All lands remaining after the division of reservations into

allotments were offered for sale by the federal government to white farmers and ranchers. As a result,

Indians swiftly lost control of reservation land.99 In 1898, the Curtis Act dealt the final blow to Indian

sovereignty by abolishing all tribal governments.100

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THE FIGHT FOR NATIVE AMERICAN RIGHTS

As Indians were removed from their tribal lands and increasingly saw their traditional cultures being

destroyed over the course of the nineteenth century, a movement to protect their rights began to grow.

Sarah Winnemucca (Figure 5.16), member of the Paiute tribe, lectured throughout the east in the 1880s in

order to acquaint white audiences with the injustices suffered by the western tribes.101 Lakota physician

Charles Eastman (Figure 5.16) also worked for Native American rights. In 1924, the Indian Citizenship Act

granted citizenship to all Native Americans born after its passage. Native Americans born before the act

took effect, who had not already become citizens as a result of the Dawes Severalty Act or service in the

army in World War I, had to wait until the Nationality Act of 1940 to become citizens. In 1934, Congress

passed the Indian Reorganization Act, which ended the division of reservation land into allotments. It

returned to Native American tribes the right to institute self-government on their reservations, write

constitutions, and manage their remaining lands and resources. It also provided funds for Native

Americans to start their own businesses and attain a college education.102

Figure 5.16 Sarah Winnemucca (a), called the “Paiute Princess” by the press, and Dr. Charles Eastman (b), of the

Lakota tribe, campaigned for Native American rights in the late nineteenth and early twentieth centuries. Winnemucca

wears traditional dress for a publicity photograph.

Despite the Indian Reorganization Act, conditions on the reservations did not improve dramatically. Most

tribes remained impoverished, and many Native Americans, despite the fact that they were now U.S.

citizens, were denied the right to vote by the states in which they lived. States justified this violation of

the Fifteenth Amendment by claiming that Native Americans might be U.S. citizens but were not state

residents because they lived on reservations. Other states denied Native Americans voting rights if they

did not pay taxes.103 Despite states’ actions, the federal government continued to uphold the rights of

tribes to govern themselves. Federal concern for tribal sovereignty was part of an effort on the

government’s part to end its control of, and obligations to, Indian tribes.104

In the 1960s, a modern Native American civil rights movement, inspired by the African American civil

rights movement, began to grow. In 1969, a group of Native American activists from various tribes, part of

a new Pan-Indian movement, took control of Alcatraz Island in San Francisco Bay, which had once been

Chapter 5 | Civil Rights 182

the site of a federal prison. Attempting to strike a blow for Red Power, the power of Native Americans

united by a Pan-Indian identity and demanding federal recognition of their rights, they maintained control

of the island for more than a year and a half. They claimed the land as compensation for the federal

government’s violation of numerous treaties and offered to pay for it with beads and trinkets. In January

1970, some of the occupiers began to leave the island. Some may have been disheartened by the accidental

death of the daughter of one of the activists. In May 1970, all electricity and telephone service to the island

was cut off by the federal government, and more of the occupiers began to leave. In June, the few people

remaining on the island were removed by the government. Though the goals of the activists were not

achieved, the occupation of Alcatraz had brought national attention to the concerns of Native American

activists.105

In 1973, members of the American Indian Movement (AIM), a more radical group than the occupiers of

Alcatraz, temporarily took over the offices of the Bureau of Indian Affairs in Washington, DC. The

following year, members of AIM and some two hundred Oglala Lakota supporters occupied the town of

Wounded Knee on the Lakota tribe’s Pine Ridge Reservation in South Dakota, the site of an 1890 massacre

of Lakota men, women, and children by the U.S. Army (Figure 5.17). Many of the Oglala were protesting

the actions of their half-white tribal chieftain, who they claimed had worked too closely with the BIA. The

occupiers also wished to protest the failure of the Justice Department to investigate acts of white violence

against Lakota tribal members outside the bounds of the reservation.

The occupation led to a confrontation between the Native American protestors and the FBI and U.S.

Marshals. Violence erupted; two Native American activists were killed, and a marshal was shot (Figure

5.17). After the second death, the Lakota called for an end to the occupation and negotiations began with

the federal government. Two of AIM’s leaders, Russell Means and Dennis Banks, were arrested, but the

case against them was later dismissed.106 Violence continued on the Pine Ridge Reservation for several

years after the siege; the reservation had the highest per capita murder rate in the United States. Two FBI

agents were among those who were killed. The Oglala blamed the continuing violence on the federal

government.107

Figure 5.17 A memorial stone (a) marks the spot of the mass grave of the Lakotas killed in the 1890 massacre at

Wounded Knee. The bullet-riddled car (b) of FBI agent Ronald Williams reveals the level of violence reached

during—and for years after—the 1973 occupation of the town.

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The current relationship between the U.S. government and Native American tribes was established by the

Indian Self-Determination and Education Assistance Act of 1975. Under the act, tribes assumed control of

programs that had formerly been controlled by the BIA, such as education and resource management, and

the federal government provided the funding.108 Many tribes have also used their new freedom from

government control to legalize gambling and to open casinos on their reservations. Although the states in

which these casinos are located have attempted to control gaming on Native American lands, the Supreme

Court and the Indian Gaming Regulatory Act of 1988 have limited their ability to do so.109 The 1978

American Indian Religious Freedom Act granted tribes the right to conduct traditional ceremonies and

rituals, including those that use otherwise prohibited substances like peyote cactus and eagle bones, which

can be procured only from vulnerable or protected species.110

In an important recent development, several federal court cases have raised standing for Native American

tribes to sue to regain former reservation lands lost to the U.S. government. If Native Americans were to

gain a positive outcome in such a case, especially at the U.S. Supreme Court, it would be the most important

advancement since the reapplication of the Winters Doctrine (which led to a stronger footing for tribes in

water negotiations).111 Among the reservation land cases making their way through the system, Carpenter

v. Murphy, which revolves around a murder case in Oklahoma, would perhaps be the most profound, given

the history of the Trail of Tears. At issue is whether Mr. Murphy committed murder on private land in

the state of Oklahoma or on the Muscogee (Creek) reservation and who should have jurisdiction over his

case. If the court decides to proclaim the land as a reservation, that potentially leads to half the State of

Oklahoma being designated as such. The Court heard arguments in late 2018 and will make a decision in

2019.112

ALASKA NATIVES AND NATIVE HAWAIIANS REGAIN SOME RIGHTS

Alaska Natives and Native Hawaiians suffered many of the same abuses as Native Americans, including

loss of land and forced assimilation. Following the discovery of oil in Alaska, however, the state, in an effort

to gain undisputed title to oil rich land, settled the issue of Alaska Natives’ land claims with the passage of

the Alaska Native Claims Settlement Act in 1971. According to the terms of the act, Alaska Natives received

44 million acres of resource-rich land and more than $900 million in cash in exchange for relinquishing

claims to ancestral lands to which the state wanted title.113

Native Hawaiians also lost control of their land—nearly two million acres—through the overthrow of the

Hawaiian monarchy in 1893 and the subsequent formal annexation of the Hawaiian Islands by the United

States in 1898. The indigenous population rapidly decreased in number, and white settlers tried to erase all

trace of traditional Hawaiian culture. Two acts passed by Congress in 1900 and 1959, when the territory was

granted statehood, returned slightly more than one million acres of federally owned land to the state of

Hawaii. The state was to hold it in trust and use profits from the land to improve the condition of Native

Hawaiians.114

In September 2015, the U.S. Department of Interior, the same department that contains the Bureau of Indian

Affairs, created guidelines for Native Hawaiians who wish to govern themselves in a relationship with the

federal government similar to that established with Native American and Alaska Native tribes. Such a

relationship would grant Native Hawaiians power to govern themselves while remaining U.S. citizens.

Voting began in fall 2015 for delegates to a constitutional convention that would determine

Link to Learning

The official website of the American Indian Movement (https://www.openstax.org/l/29aimovement)

provides information about ongoing issues in Native American communities in both North and South

America.

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whether or not such a relationship should exist between Native Hawaiians and the federal government.115

When non-Native Hawaiians and some Native Hawaiians brought suit on the grounds that, by allowing

only Native Hawaiians to vote, the process discriminated against members of other ethnic groups, a federal

district court found the election to be legal. While the Supreme Court stopped the election, in September

2016 a separate ruling by the Interior Department allowed for a referendum to be held. Native Hawaiians

in favor are working to create their own nation.116

Despite significant advances, American Indians, Alaska Natives, and Native Hawaiians still trail behind

U.S. citizens of other ethnic backgrounds in many important areas. These groups continue to suffer

widespread poverty and high unemployment. Some of the poorest counties in the United States are those in which Native American reservations are located. These minorities are also less likely than white

Americans, African Americans, or Asian Americans to complete high school or college.117 Many American

Indian and Alaskan tribes endure high rates of infant mortality, alcoholism, and suicide.118 Native Hawaiians are also more likely to live in poverty than whites in Hawaii, and they are more likely than

white Hawaiians to be homeless or unemployed.119

5.5 Equal Protection for Other Groups

Learning Objectives

By the end of this section, you will be able to:

• Discuss the discrimination faced by Hispanic/Latino Americans and Asian Americans

• Describe the influence of the African American civil rights movement on Hispanic/Latino, Asian

American, and LGBT civil rights movements

• Describe federal actions to improve opportunities for people with disabilities

• Describe discrimination faced by religious minorities

Many groups in American society have faced and continue to face challenges in achieving equality, fairness,

and equal protection under the laws and policies of the federal government and/or the states. Some of

these groups are often overlooked because they are not as large of a percentage of the U.S. population as

women or African Americans, and because organized movements to achieve equality for them are

relatively young. This does not mean, however, that the discrimination they face has not been as

longstanding or as severe.

HISPANIC/LATINO CIVIL RIGHTS

Hispanics and Latinos in the United States have faced many of the same problems as African Americans

and Native Americans. Although the terms Hispanic and Latino are often used interchangeably, they are

not the same. Hispanic usually refers to native speakers of Spanish. Latino refers to people who come from,

or whose ancestors came from, Latin America. Not all Hispanics are Latinos. Latinos may be of any race or

ethnicity; they may be of European, African, Native American descent, or they may be of mixed ethnic

background. Thus, people from Spain are Hispanic but are not Latino.120

Many Latinos became part of the U.S. population following the annexation of Texas by the United States in

1845 and of California, Arizona, New Mexico, Nevada, Utah, and Colorado following the War with Mexico

in 1848. Most were subject to discrimination and could find employment only as poorly paid migrant farm

workers, railroad workers, and unskilled laborers.121 The Spanish-speaking population of the United States

increased following the Spanish-American War in 1898 with the incorporation of Puerto Rico as a

U.S. territory. In 1917, during World War I, the Jones Act granted U.S. citizenship to Puerto Ricans.

In the early twentieth century, waves of violence aimed at Mexicans and Mexican Americans swept the

Southwest. Mexican Americans in Arizona and in parts of Texas were denied the right to vote, which

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they had previously possessed, and Mexican American children were barred from attending Anglo-

American schools. During the Great Depression of the 1930s, Mexican immigrants and many Mexican

Americans, both U.S.-born and naturalized citizens, living in the Southwest and Midwest were deported

by the government so that Anglo-Americans could take the jobs that they had once held.122 When the

United States entered World War II, however, Mexicans were invited to immigrate to the United States as

farmworkers under the Bracero (bracero meaning “manual laborer” in Spanish) Program to make it possible

for these American men to enlist in the armed services.123

Mexican Americans and Puerto Ricans did not passively accept discriminatory treatment, however. In 1903,

Mexican farmworkers joined with Japanese farmworkers, who were also poorly paid, to form the first

union to represent agricultural laborers. In 1929, Latino civil rights activists formed the League of United

Latin American Citizens (LULAC) to protest against discrimination and to fight for greater rights for

Latinos.124

Just as in the case of African Americans, however, true civil rights advances for Hispanics and Latinos did

not take place until the end of World War II. Hispanic and Latino activists targeted the same racist practices

as did African Americans and used many of the same tactics to end them. In 1946, Mexican American

parents in California, with the assistance of the NAACP, sued several California school districts that forced

Mexican and Mexican American children to attend segregated schools. In the case of Mendez v. Westminster

(1947), the Court of Appeals for the Ninth Circuit Court held that the segregation of Mexican and Mexican

American students into separate schools was unconstitutional.125

Although Latinos made some civil rights advances in the decades following World War II, discrimination

continued. Alarmed by the large number of undocumented Mexicans crossing the border into the United

States in the 1950s, the United States government began Operation Wetback (wetback is a derogatory term

for Mexicans living unofficially in the United States). From 1953 to 1958, more than three million Mexican

immigrants, and some Mexican Americans as well, were deported from California, Texas, and Arizona.126

To limit the entry of Hispanic and Latino immigrants to the United States, in 1965 Congress imposed an

immigration quota of 120,000 newcomers from the Western Hemisphere.

At the same time that the federal government sought to restrict Hispanic and Latino immigration to the

United States, the Mexican American civil rights movement grew stronger and more radical, just as the

African American civil rights movement had done. While African Americans demanded Black Power and

called for Black Pride, young Mexican American civil rights activists called for Brown Power and began to

refer to themselves as Chicanos, a term disliked by many older, conservative Mexican Americans, in order

to stress their pride in their hybrid Spanish-Native American cultural identity.127 Demands by Mexican

American activists often focused on improving education for their children, and they called upon school

districts to hire teachers and principals who were bilingual in English and Spanish, to teach Mexican and

Mexican American history, and to offer instruction in both English and Spanish for children with limited

ability to communicate in English.128

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Mexican American civil rights leaders were active in other areas as well. Throughout the 1960s, Cesar

Chavez and Dolores Huerta fought for the rights of Mexican American agricultural laborers through their

organization, the United Farm Workers (UFW), a union for migrant workers they founded in 1962. Chavez,

Huerta, and the UFW proclaimed their solidarity with Filipino farm workers by joining them in a strike

against grape growers in Delano, California, in 1965. Chavez consciously adopted the tactics of the African

American civil rights movement. In 1965, he called upon all U.S. consumers to boycott California grapes

(Figure 5.18), and in 1966, he led the UFW on a 300-mile march to Sacramento, the state capital, to bring

the state farm workers’ problems to the attention of the entire country. The strike finally ended in 1970

when the grape growers agreed to give the pickers better pay and benefits.130

Milestone

East L.A. Student Walkouts

In March 1968, Chicano students at five high schools in East Los Angeles went on strike to demand better

education for students of Mexican ancestry. Los Angeles schools did not allow Latino students to speak Spanish

in class and gave no place to study Mexican history in the curriculum. Guidance counselors also encouraged

students, regardless of their interests or ability, to pursue vocational careers instead of setting their sights on

college. Some students were placed in classes for the mentally challenged even though they were of normal

intelligence. As a result, the dropout rate among Mexican American students was very high.

School administrators refused to meet with the student protestors to discuss their grievances. After a week,

police were sent in to end the strike. Thirteen of the organizers of the walkout were arrested and charged with

conspiracy to disturb the peace. After Sal Castro, a teacher who had led the striking students, was dismissed

from his job, activists held a sit-in at school district headquarters until Castro was reinstated. Student protests

spread across the Southwest, and in response many schools did change. That same year, Congress passed

the Bilingual Education Act, which required school districts with large numbers of Hispanic or Latino students

to provide instruction in Spanish.129

Bilingual education remains controversial, even among Hispanics and Latinos. What are some arguments they

might raise both for and against it? Are these different from arguments coming from whites?

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Figure 5.18 Protestors picket a grocery store in 1973, urging consumers not to buy grapes or lettuce picked by

underpaid farm workers (a). The boycott, organized by Cesar Chavez and the United Farm Workers using the slogan

“Sí se puede” or “Yes, it can be done!” (b), ultimately forced California growers to improve conditions for migrant

laborers.

As Latino immigration to the United States increased in the late twentieth and early twenty-first centuries,

discrimination also increased in many places. In 1994, California voters passed Proposition 187. The

proposition sought to deny non-emergency health services, food stamps, welfare, and Medicaid to

undocumented immigrants. It also banned children from attending public school unless they could present

proof that they and their parents were legal residents of the United States. A federal court found it

unconstitutional in 1997 on the grounds that the law’s intention was to regulate immigration, a power held

only by the federal government.131

In 2005, discussion began in Congress on proposed legislation that would make it a felony to enter the

United States illegally or to give assistance to anyone who had done so. Although the bill quickly died, on

May 1, 2006, hundreds of thousands of people, primarily Latinos, staged public demonstrations in major

U.S. cities, refusing to work or attend school for one day.132 The protestors claimed that people seeking

a better life should not be treated as criminals and that undocumented immigrants already living in the

United States should have the opportunity to become citizens.

Following the failure to make undocumented immigration a felony under federal law, several states

attempted to impose their own sanctions on illegal immigration. In April 2010, Arizona passed a law that

made illegal immigration a state crime. The law also forbade undocumented immigrants from seeking

work and allowed law enforcement officers to arrest people suspected of being in the U.S. illegally.

Thousands protested the law, claiming that it encouraged racial profiling. In 2012, in Arizona v. United

States, the U.S. Supreme Court struck down those provisions of the law that made it a state crime to reside

in the United States illegally, forbade undocumented immigrants to take jobs, and allowed the police to

arrest those suspected of being illegal immigrants.133 The court, however, upheld the authority of the police

to ascertain the immigration status of someone suspected of being an undocumented alien if the person

had been stopped or arrested by the police for other reasons.134

Today, Latinos constitute the largest minority group in the United States. They also have one of the highest

Chapter 5 | Civil Rights 188

birth rates of any ethnic group.135 Although Hispanics lag behind whites in terms of income and high

school graduation rates, they are enrolling in college at higher rates than whites.136 Topics that remain at

the forefront of public debate today include immigration reform, the DREAM Act (a proposal for granting

undocumented immigrants permanent residency in stages), and court action on executive orders on

immigration. President Trump and his administration have been quite active on issues of immigration and

border security. Aside from the proposal to build a border wall, other areas of action have included various

travel bans and the policy of separating families at the border as they attempt to enter the country.137

ASIAN AMERICAN CIVIL RIGHTS

Because Asian Americans are often stereotypically regarded as “the model minority” (because it is assumed

they are generally financially successful and do well academically), it is easy to forget that they have also

often been discriminated against and denied their civil rights. Indeed, in the nineteenth century, Asians

were among the most despised of all immigrant groups and were often subjected to the same laws

enforcing segregation and forbidding interracial marriage as were African Americans and American

Indians.

The Chinese were the first large group of Asians to immigrate to the United States. They arrived in large

numbers in the mid-nineteenth century to work in the mining industry and on the Central Pacific Railroad.

Others worked as servants or cooks or operated laundries. Their willingness to work for less money than

whites led white workers in California to call for a ban on Chinese immigration. In 1882, Congress passed

the Chinese Exclusion Act, which prevented Chinese from immigrating to the United States for ten years

and prevented Chinese already in the country from becoming citizens (Figure 5.19). In 1892, the Geary Act

extended the ban on Chinese immigration for another ten years. In 1913, California passed a law preventing

all Asians, not just the Chinese, from owning land. With the passage of the Immigration Act of 1924, all

Asians, with the exception of Filipinos, were prevented from immigrating to the United States or becoming

naturalized citizens. Laws in several states barred marriage between Chinese and white Americans, and

some cities with large Asian populations required Asian children to attend segregated schools.138

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Figure 5.19 The cartoon shows a Chinese laborer, the personification of industry and sobriety, outside the “Golden

Gate of Liberty.” The Chinese Exclusion Act of 1882 has barred him from entering the country, while communists and

“hoodlums” are allowed in.

During World War II, citizens of Japanese descent living on the West Coast, whether naturalized

immigrants or Japanese Americans born in the United States, were subjected to the indignity of being

removed from their communities and interned under Executive Order 9066 (Figure 5.20). The reason was

fear that they might prove disloyal to the United States and give assistance to Japan. Although Italians and

Germans suspected of disloyalty were also interned by the U.S. government, only the Japanese were

imprisoned solely on the basis of their ethnicity. None of the more than 110,000 Japanese and Japanese

Americans internees was ever found to have committed a disloyal act against the United States, and many

young Japanese American men served in the U.S. army during the war.139 Although Japanese American

Fred Korematsu challenged the right of the government to imprison law-abiding citizens, the Supreme

Court decision in the 1944 case of Korematsu v. United States upheld the actions of the government as a

necessary precaution in a time of war.140 When internees returned from the camps after the war was over,

many of them discovered that the houses, cars, and businesses they had left behind, often in the care of

white neighbors, had been sold or destroyed.141

Chapter 5 | Civil Rights 191

Figure 5.20 Japanese Americans displaced from their homes by the U.S. government during World War II stand in

line outside the mess hall at a relocation center in San Bruno, California, on April 29, 1942.

The growth of the African American, Chicano, and Native American civil rights movements in the 1960s

inspired many Asian Americans to demand their own rights. Discrimination against Asian Americans,

regardless of national origin, increased during the Vietnam War. Ironically, violence directed

indiscriminately against Chinese, Japanese, Koreans, and Vietnamese caused members of these groups to

unite around a shared pan-Asian identity, much as Native Americans had in the Pan-Indian movement. In

1968, students of Asian ancestry at the University of California at Berkeley formed the Asian American

Political Alliance. Asian American students also joined Chicano, Native American, and African American

students to demand that colleges offer ethnic studies courses.142 In 1974, in the case of Lau v. Nichols,

Chinese American students in San Francisco sued the school district, claiming its failure to provide them

with assistance in learning English denied them equal educational opportunities.143 The Supreme Court

found in favor of the students.

The Asian American movement is no longer as active as other civil rights movements are. Although

discrimination persists, Americans of Asian ancestry are generally more successful than members of other

ethnic groups. They have higher rates of high school and college graduation and higher average income

than other groups.144 Although educational achievement and economic success do not protect them from

discrimination, it does place them in a much better position to defend their rights.

THE FIGHT FOR CIVIL RIGHTS IN THE LGBT COMMUNITY

Laws against homosexuality, which was regarded as a sin and a moral failing, existed in most states

throughout the nineteenth and twentieth centuries. By the late nineteenth century, homosexuality had

come to be regarded as a form of mental illness as well as a sin, and gay men were often erroneously

believed to be pedophiles.145 As a result, lesbians, gay men, bisexuals, and transgender people, collectively

known as the LGBT community, had to keep their sexual orientation hidden or “closeted.” Secrecy became

even more important in the 1950s, when fear of gay men increased and the federal government believed

Link to Learning

Explore the resources at Japanese American Internment (https://www.openstax.org/l/

29japanamerint) and Digital History (https://www.openstax.org/l/29digitalhist) to learn more about

experiences of Japanese Americans during World War II.

Chapter 5 | Civil Rights 191

they could be led into disloyal acts either as a result of their “moral weakness” or through blackmail by

Soviet agents. As a result, many men lost or were denied government jobs. Fears of lesbians also increased

after World War II as U.S. society stressed conformity to traditional gender roles and the importance of

marriage and childrearing.146

The very secrecy in which lesbian, gay, bisexual, and transgender people had to live made it difficult for

them to organize to fight for their rights as other, more visible groups had done. Some organizations did

exist, however. The Mattachine Society, established in 1950, was one of the first groups to champion the

rights of gay men. Its goal was to unite gay men who otherwise lived in secrecy and to fight against abuse.

The Mattachine Society often worked with the Daughters of Bilitis, a lesbian rights organization. Among

the early issues targeted by the Mattachine Society was police entrapment of male homosexuals.147

In the 1960s, the gay and lesbian rights movements began to grow more radical, in a manner similar to

other civil rights movements. In 1962, gay Philadelphians demonstrated in front of Independence Hall. In

1966, transgender prostitutes who were tired of police harassment rioted in San Francisco. In June 1969,

gay men, lesbians, and transgender people erupted in violence when New York City police attempted to

arrest customers at a gay bar in Greenwich Village called the Stonewall Inn. The patrons’ ability to resist

arrest and fend off the police inspired many members of New York’s LGBT community, and the riots

persisted over several nights. New organizations promoting LGBT rights that emerged after Stonewall

were more radical and confrontational than the Mattachine Society and the Daughters of Bilitis had been.

These groups, like the Gay Activists Alliance and the Gay Liberation Front, called not just for equality

before the law and protection against abuse but also for “liberation,” Gay Power, and Gay Pride.148

Although LGBT people gained their civil rights later than many other groups, changes did occur beginning

in the 1970s, remarkably quickly when we consider how long other minority groups had fought for their

rights. In 1973, the American Psychological Association ended its classification of homosexuality as a

mental disorder. In 1994, the U.S. military adopted the policy of “Don’t ask, don’t tell.” This act, Department

of Defense Directive 1304.26, officially prohibited discrimination against suspected gays, lesbians, and

bisexuals by the U.S. military. It also prohibited superior officers from asking about or investigating the

sexual orientation of those below them in rank.149 However, those gays, lesbians, and bisexuals who spoke

openly about their sexual orientation were still subject to dismissal because it remained illegal for anyone

except heterosexuals to serve in the armed forces. The policy ended in 2011, and now gays, lesbians, and

bisexuals may serve openly in the military.150 In 2006, in the case of Lawrence

v. Texas, the Supreme Court ruled unconstitutional state laws that criminalized sexual intercourse between

consenting adults of the same sex.151

Beginning in 2000, several states made it possible for same-sex couples to enter into legal relationships

known as civil unions or domestic partnerships. These arrangements extended many of the same

protections enjoyed by heterosexual married couples to same-sex couples. LGBT activists, however,

continued to fight for the right to marry. Same-sex marriages would allow partners to enjoy exactly the

same rights as married heterosexual couples and accord their relationships the same dignity and

importance. In 2004, Massachusetts became the first state to grant legal status to same-sex marriage. Other

states quickly followed. This development prompted a backlash among many religious conservatives, who

considered homosexuality a sin and argued that allowing same-sex couples to marry would lessen the

value and sanctity of heterosexual marriage. Many states passed laws banning same-sex marriage, and

many gay and lesbian couples challenged these laws, successfully, in the courts. Finally, in Obergefell

v. Hodges, the Supreme Court overturned state bans and made same-sex marriage legal throughout the

United States on June 26, 2015 (Figure 5.21).152

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Figure 5.21 Supporters of marriage equality celebrate outside the Supreme Court on June 26, 2015, following the

announcement of the Court’s decision in Obergefell v. Hodges declaring same-sex marriage a constitutional right

under the Fourteenth Amendment. (credit: Matt Popovich)

The legalization of same-sex marriage throughout the United States led some people to feel their religious

beliefs were under attack, and many religiously conservative business owners have refused to

acknowledge LBGT rights or the legitimacy of same-sex marriages. Following swiftly upon the heels of the

Obergefell ruling, the Indiana legislature passed a Religious Freedom Restoration Act (RFRA). Congress had

already passed such a law in 1993; it was intended to extend protection to minority religions, such as by

allowing rituals of the Native American Church. However, the Supreme Court in City of Boerne v. Flores

(1997) ruled that the 1993 law applied only to the federal government and not to state governments.153

Thus several state legislatures later passed their own Religious Freedom Restoration Acts. These laws state

that the government cannot “substantially burden an individual’s exercise of religion” unless it would

serve a “compelling governmental interest” to do so. They allow individuals, which also include businesses

and other organizations, to discriminate against others, primarily same-sex couples and LGBT people, if

the individual’s religious beliefs are opposed to homosexuality.

LGBT Americans still encounter difficulties in other areas as well. Discrimination continues in housing and

employment, although federal courts are increasingly treating employment discrimination against

transgender people as a form of sex discrimination prohibited by the Civil Rights Act of 1964. The federal

Department of Housing and Urban Development has also indicated that refusing to rent or sell homes to

transgendered people may be considered sex discrimination.154 Violence against members of the LGBT

community remains a serious problem; this violence occurs on the streets and in their homes.155 The

enactment of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, also known as the

Matthew Shepard Act, in 2009 made it a federal hate crime to attack someone based on his or her gender,

gender identity, sexual orientation, or disability and made it easier for federal, state, and local authorities

to investigate hate crimes, but it has not necessarily made the world safer for LGBT Americans.

CIVIL RIGHTS AND THE AMERICANS WITH DISABILITIES ACT

People with disabilities make up one of the last groups whose civil rights have been recognized. For a long

time, they were denied employment and access to public education, especially if they were mentally or

developmentally challenged. Many were merely institutionalized. A eugenics movement in the United

States in the late nineteenth and early to mid-twentieth centuries sought to encourage childbearing among

physically and mentally fit whites and discourage it among those with physical or mental disabilities. Many

states passed laws prohibiting marriage among people who had what were believed to be hereditary

“defects.” Among those affected were people who were blind or deaf, those with epilepsy, people with

Chapter 5 | Civil Rights 193

mental or developmental disabilities, and those suffering mental illnesses. In some states, programs existed

to sterilize people considered “feeble minded” by the standards of the time, without their will or

consent.156 When this practice was challenged by a “feeble-minded” woman in a state institution in

Virginia, the Supreme Court, in the 1927 case of Buck v. Bell, upheld the right of state governments to

sterilize those people believed likely to have children who would become dependent upon public

welfare.157 Some of these programs persisted into the 1970s, as Figure 5.22 shows.158

Figure 5.22 The map shows the number of sterilizations performed by the state in each of the counties of North

Carolina between July 1946 and June 1968. Nearly five hundred sterilizations took place during this time period in the

purple county.

By the 1970s, however, concern for extending equal opportunities to all led to the passage of two important

acts by Congress. In 1973, the Rehabilitation Act made it illegal to discriminate against people with

disabilities in federal employment or in programs run by federal agencies or receiving federal funding.

This was followed by the Education for all Handicapped Children Act of 1975, which required public

schools to educate children with disabilities. The act specified that schools consult with parents to create a

plan tailored for each child’s needs that would provide an educational experience as close as possible to

that received by other children.

In 1990, the Americans with Disabilities Act (ADA) greatly expanded opportunities and protections for

people of all ages with disabilities. It also significantly expanded the categories and definition of disability.

The ADA prohibits discrimination in employment based on disability. It also requires employers to make

reasonable accommodations available to workers who need them. Finally, the ADA mandates that public

transportation and public accommodations be made accessible to those with disabilities. The Act was

passed despite the objections of some who argued that the cost of providing accommodations would be

prohibitive for small businesses.

Link to Learning

The community of people with disabilities is well organized in the twenty-first century, as evidenced by the

considerable network of disability rights organizations (https://www.openstax.org/l/29natdisrightor)

in the United States.

Chapter 5 | Civil Rights 194

THE RIGHTS OF RELIGIOUS MINORITIES

The right to worship as a person chooses was one of the reasons for the initial settlement of the United

States. Thus, it is ironic that many people throughout U.S. history have been denied their civil rights

because of their status as members of a religious minority. Beginning in the early nineteenth century with

the immigration of large numbers of Irish Catholics to the United States, anti-Catholicism became a

common feature of American life and remained so until the mid-twentieth century. Catholic immigrants

were denied jobs, and in the 1830s and 1840s anti-Catholic literature accused Catholic priests and nuns of

committing horrific acts. Anti-Mormon sentiment was also quite common, and Mormons were accused of

kidnapping women and building armies for the purpose of dominating their non-Mormon neighbors. At

times, these fears led to acts of violence. A convent in Charlestown, Massachusetts, was burned to the

ground in 1834.159 In 1844, Joseph Smith, the founder of the Mormon religion, and his brother were

murdered by a mob in Illinois.160

For many years, American Jews faced discrimination in employment, education, and housing based on

their religion. Many of the restrictive real estate covenants that prohibited people from selling their homes

to African Americans also prohibited them from selling to Jews, and a “gentlemen’s agreement” among the

most prestigious universities in the United States limited the number of Jewish students accepted. Indeed,

a tradition of confronting discrimination led many American Jews to become actively involved in the civil

rights movements for women and African Americans.161

Today, open discrimination against Jews in the United States is less common, although anti-Semitic

sentiments still remain. In the twenty-first century, especially after the September 11 attacks, Muslims are

the religious minority most likely to face discrimination. Although Title VII of the Civil Rights Act of 1964

prevents employment discrimination on the basis of religion and requires employers to make reasonable

accommodations so that employees can engage in religious rituals and practices, Muslim employees are

often discriminated against. Often the source of controversy is the wearing of head coverings by observant

Muslims, which some employers claim violates uniform policies or dress codes, even when non-Muslim

coworkers are allowed to wear head coverings that are not part of work uniforms.162 Hate crimes against

Muslims have also increased since 9/11, and many Muslims believe they are subject to racial profiling by

law enforcement officers who suspect them of being terrorists.163

In another irony, many Christians have recently argued that they are being deprived of their rights because

of their religious beliefs and have used this claim to justify their refusal to acknowledge the rights of others.

The owner of Hobby Lobby Stores, for example, a conservative Christian, argued that his company’s health-

care plan should not have to pay for contraception because his religious beliefs are opposed to the practice.

In 2014, in the case of Burwell v. Hobby Lobby Stores, Inc., the Supreme Court ruled in his favor.164 As

discussed earlier, many conservative Christians have also argued that they should not have to recognize

same-sex marriages because they consider homosexuality to be a sin.

Chapter 5 | Civil Rights 195

Key Terms

affirmative action the use of programs and policies designed to assist groups that have historically been

subject to discrimination

American Indian Movement (AIM) the Native American civil rights group responsible for the occupation of

Wounded Knee, South Dakota, in 1973

black codes laws passed immediately after the Civil War that discriminated against freed slaves and

other blacks and deprived them of their rights

Brown v. Board of Education the 1954 Supreme Court ruling that struck down Plessy v. Ferguson and

declared segregation and “separate but equal” to be unconstitutional in public education

Chicano a term adopted by some Mexican American civil rights activists to describe themselves and

those like them

civil disobedience an action taken in violation of the letter of the law to demonstrate that the law is

unjust

comparable worth a doctrine calling for the same pay for workers whose jobs require the same level of

education, responsibility, training, or working conditions

coverture a legal status of married women in which their separate legal identities were erased

de facto segregation segregation that results from the private choices of individuals

de jure segregation segregation that results from government discrimination

direct action civil rights campaigns that directly confronted segregationist practices through public

demonstrations

disenfranchisement the revocation of someone’s right to vote

equal protection clause a provision of the Fourteenth Amendment that requires the states to treat all

residents equally under the law

Equal Rights Amendment (ERA) the proposed amendment to the Constitution that would have

prohibited all discrimination based on sex

glass ceiling an invisible barrier caused by discrimination that prevents women from rising to the

highest levels of an organization—including corporations, governments, academic institutions, and

religious organizations

grandfather clause the provision in some southern states that allowed illiterate whites to vote because

their ancestors had been able to vote before the Fifteenth Amendment was ratified

hate crime harassment, bullying, or other criminal acts directed against someone because of bias against

that person’s sex, gender, sexual orientation, religion, race, ethnicity, or disability

intermediate scrutiny the standard used by the courts to decide cases of discrimination based on gender

and sex; burden of proof is on the government to demonstrate an important governmental interest is at

stake in treating men differently from women

Jim Crow laws state and local laws that promoted racial segregation and undermined black voting rights

in the south after Reconstruction

Chapter 5 | Civil Rights 196

literacy tests tests that required the prospective voter in some states to be able to read a passage of text

and answer questions about it; often used as a way to disenfranchise racial or ethnic minorities

Plessy v. Ferguson the 1896 Supreme Court ruling that allowed “separate but equal” racial segregation

under the equal protection clause of the Fourteenth Amendment

poll tax annual tax imposed by some states before a person was allowed to vote

rational basis test the standard used by the courts to decide most forms of discrimination; the burden of

proof is on those challenging the law or action to demonstrate there is no good reason for treating them

differently from other citizens

Reconstruction the period from 1865 to 1877 during which the governments of Confederate states were

reorganized prior to being readmitted to the Union

Stonewall Inn a bar in Greenwich Village, New York, where the modern Gay Pride movement began

after rioters protested the police treatment of the LGBT community there

strict scrutiny the standard used by the courts to decide cases of discrimination based on race, ethnicity,

national origin, or religion; burden of proof is on the government to demonstrate a compelling

governmental interest is at stake and no alternative means are available to accomplish its goals

Title IX the section of the U.S. Education Amendments of 1972 that prohibits discrimination in education

on the basis of sex

Trail of Tears the name given to the forced migration of the Cherokees from Georgia to Oklahoma in

1838–1839

understanding tests tests requiring prospective voters in some states to be able to explain the meaning of

a passage of text or to answer questions related to citizenship; often used as a way to disenfranchise black

voters

white primary a primary election in which only whites are allowed to vote

Summary

5.1 What Are Civil Rights and How Do We Identify Them?

The equal protection clause of the Fourteenth Amendment gives all people and groups in the United States

the right to be treated equally regardless of individual attributes. That logic has been expanded in the

twenty-first century to cover attributes such as race, color, ethnicity, sex, gender, sexual orientation,

religion, and disability. People may still be treated unequally by the government, but only if there is at least

a rational basis for it, such as a disability that makes a person unable to perform the essential functions

required by a job, or if a person is too young to be trusted with an important responsibility, like driving

safely. If the characteristic on which discrimination is based is related to sex, race, or ethnicity, the reason

for it must serve, respectively, an important government interest or a compelling government interest.

5.2 The African American Struggle for Equality

Following the Civil War and the freeing of all slaves by the Thirteenth Amendment, a Republican Congress

hoped to protect the freedmen from vengeful southern whites by passing the Fourteenth and Fifteenth

Amendments, granting them citizenship and guaranteeing equal protection under the law and the right to

vote (for black men). The end of Reconstruction, however, allowed white Southerners to regain control of

the South’s political and legal system and institute openly discriminatory Jim Crow laws. While some early

efforts to secure civil rights were successful, the greatest gains came after World War II. Through a

combination of lawsuits, Congressional acts, and direct action (such as President Truman’s executive order

Chapter 5 | Civil Rights 197

to desegregate the U.S. military), African Americans regained their voting rights and were guaranteed

protection against discrimination in employment. Schools and public accommodations were desegregated.

While much has been achieved, the struggle for equal treatment continues.

5.3 The Fight for Women’s Rights

At the time of the Revolution and for many decades following it, married women had no right to control

their own property, vote, or run for public office. Beginning in the 1840s, a women’s movement began

among women who were active in the abolition and temperance movements. Although some of their goals,

such as achieving property rights for married women, were reached early on, their biggest goal—winning

the right to vote—required the 1920 passage of the Nineteenth Amendment. Women secured more rights

in the 1960s and 1970s, such as reproductive rights and the right not to be discriminated against in

employment or education. Women continue to face many challenges: they are still paid less than men and

are underrepresented in executive positions and elected office.

5.4 Civil Rights for Indigenous Groups: Native Americans, Alaskans, and Hawaiians

At the beginning of U.S. history, Indians were considered citizens of sovereign nations and thus ineligible

for citizenship, and they were forced off their ancestral lands and onto reservations. Interest in Indian rights

arose in the late nineteenth century, and in the 1930s, Native Americans were granted a degree of control

over reservation lands and the right to govern themselves. Following World War II, they won greater

rights to govern themselves, educate their children, decide how tribal lands should be used—to build

casinos, for example—and practice traditional religious rituals without federal interference. Alaska Natives

and Native Hawaiians have faced similar difficulties, but since the 1960s, they have been somewhat

successful in having lands restored to them or obtaining compensation for their loss. Despite these

achievements, members of these groups still tend to be poorer, less educated, less likely to be employed,

and more likely to suffer addictions or to be incarcerated than other racial and ethnic groups in the United

States.

5.5 Equal Protection for Other Groups

Many Hispanics and Latinos were deprived of their right to vote and forced to attend segregated schools.

Asian Americans were also segregated and sometimes banned from immigrating to the United States. The

achievements of the African American civil rights movement, such as the Civil Rights Act of 1964, benefited

these groups, however, and Latinos and Asians also brought lawsuits on their own behalf. Many, like the

Chicano youth of the Southwest, also engaged in direct action. This brought important gains, especially in

education. Recent concerns over illegal immigration have resulted in renewed attempts to discriminate

against Latinos, however.

For a long time, fear of discovery kept many LGBT people closeted and thus hindered their efforts to form

a united response to discrimination. Since World War II, however, the LGBT community has achieved the

right to same-sex marriage and protection from discrimination in other areas of life as well. The Americans

with Disabilities Act, enacted in 1990, has recognized the equal rights of people with disabilities to

employment, transportation, and access to public education. People with disabilities still face much

discrimination, however, and LGBT people are frequently victims of hate crimes.

Some of the most serious forms of discrimination today are directed at religious minorities like Muslims,

and many conservative Christians believe the recognition of LGBT rights threatens their religious

freedoms.

Chapter 5 | Civil Rights 198

Review Questions

1. A group of African American students believes

a college admissions test that is used by a public

university discriminates against them. What legal

standard would the courts use in deciding their

case?

a. rational basis test

b. intermediate scrutiny

c. strict scrutiny

d. equal protection

2. The equal protection clause became part of the

Constitution as a result of .

a. affirmative action

b. the Fourteenth Amendment

c. intermediate scrutiny

d. strict scrutiny

3. Which of the following types of discrimination

would be subject to the rational basis test?

a. A law that treats men differently from

women

b. An action by a state governor that treats

Asian Americans differently from other

citizens

c. A law that treats whites differently from

other citizens

d. A law that treats 10-year-olds differently

from 28-year-olds

4. What is the difference between civil rights and

civil liberties?

5. The Supreme Court decision ruling that

“separate but equal” was constitutional and

allowed racial segregation to take place was

. a. Brown v. Board of Education

b. Plessy v. Ferguson

c. Loving v. Virginia

d. Shelley v. Kraemer

6. The 1965 Selma-to-Montgomery march was an

important milestone in the civil rights movement

because it .

a. vividly illustrated the continued resistance

to black civil rights in the Deep South

b. did not encounter any violent resistance c. led to the passage of the Civil Rights Act of

1964

d. was the first major protest after the death of

Martin Luther King, Jr.

7. What were the key provisions of the Civil

Rights Act of 1964?

8. At the world’s first women’s rights convention

in 1848, the most contentious issue proved to be

.

a. A. the right to education for women

b. B. suffrage for women

c. C. access to the professions for women

d. D. greater property rights for women

9. How did NAWSA differ from the NWP?

a. NAWSA worked to win votes for women

on a state-by-state basis while the NWP

wanted an amendment added to the

Constitution.

b. NAWSA attracted mostly middle-class

women while NWP appealed to the

working class.

c. The NWP favored more confrontational

tactics like protests and picketing while

NAWSA circulated petitions and lobbied

politicians.

d. The NWP sought to deny African

Americans the vote, but NAWSA wanted to

enfranchise all women.

10. The doctrine that people who do jobs that

require the same level of skill, training, or

education are thus entitled to equal pay is known

as .

a. the glass ceiling

b. substantial compensation

c. comparable worth

d. affirmative action

Chapter 5 | Civil Rights 199

11. The Trail of Tears is the name given to the

forced removal of this tribe from Georgia to

Oklahoma.

a. Lakota

b. Paiute

c. Navajo

d. Cherokee

12. AIM was .

a. a federal program that returned control of

Native American education to tribal

governments

b. a radical group of Native American

activists who occupied the settlement of

Wounded Knee on the Pine Ridge

Reservation

c. an attempt to reduce the size of

reservations

d. a federal program to give funds to Native

American tribes to help their members

open small businesses that would employ

tribal members

13. Briefly describe the similarities and

differences between the experiences of Native

Americans and Native Hawaiians.

14. Mexican American farm workers in California

organized to demand higher pay from

their employers.

a. the bracero program

b. Operation Wetback

c. the United Farm Workers union

d. the Mattachine Society

15. Which of the following best describes

attitudes toward Asian immigrants in the late

nineteenth and early twentieth centuries?

a. Asian immigrants were welcomed to the

United States and swiftly became

financially successful.

b. Asian immigrants were disliked by whites

who feared competition for jobs, and

several acts of Congress sought to restrict

immigration and naturalization of Asians.

c. Whites feared Asian immigrants because

Japanese and Chinese Americans were

often disloyal to the U.S. government.

d. Asian immigrants got along well with

whites but not with Mexican Americans or

African Americans.

16. Why did it take so long for an active civil

rights movement to begin in the LGBT

community?

Critical Thinking Questions

17. What is the better approach to civil rights—a peaceful, gradual one that focuses on passing laws and

winning cases in court, or a radical one that includes direct action and acts of civil disobedience? Why do

you consider this to be the better solution?

18. Should public funds be used to provide programs for Native Americans, Alaska Natives, and Native

Hawaiians even though no one living today was responsible for depriving them of their lands? Why or

why not?

19. Although some Native Hawaiians want the right to govern themselves, others want to secede from

Hawaii and become an independent nation. If this is what the majority of Native Hawaiians want, should

they be allowed to do so? Why or why not?

20. If a person’s religious beliefs conflict with the law or lead to bias against other groups, should the

government protect the exercise of those beliefs? Why or why not?

21. In 1944, the Supreme Court upheld the authority of the U.S. government to order the internment of a

minority group in the interest of national security, even though there was no evidence that any members

of this group were disloyal to the United States. Should the same policy be applied today against U.S.

Muslims or Muslim immigrants? Why or why not?

Chapter 5 | Civil Rights 200

Suggestions for Further Study

Anderson, Terry H. 2004. The Pursuit of Fairness: A History of Affirmative Action. New York:

Oxford University Press.

Baker, Jean H., ed. 2002. Votes for Women: The Struggle for Suffrage Revisited. New York: Oxford

University Press.

Blackmon, Douglas A. 2008. Slavery by Another Name: The Re-Enslavement of Black Americans

from the Civil War to World War II. New York: Doubleday.

Catsam, Derek Charles. 2011. Freedom’s Main Line: The Journey of Reconciliation and the Freedom Rides.

Lexington: University Press of Kentucky.

Chappell, David L. 2014. Waking from the Dream: The Struggle for Civil Rights in the Shadow of

Martin Luther King, Jr. New York: Random House.

Faderman, Lillian. 2015. The Gay Revolution: The Story of the Struggle. New York: Simon & Schuster.

Fairclough, Adam. 2002. Better Day Coming: Blacks and Equality, 1890–2000. New York: Penguin

Books. Flexner, Eleanor, and Ellen Fitzpatrick. 1996. Century of Struggle: The Woman’s Rights

Movement in the United

States, 3rd ed. Cambridge, MA: Belknap Press.

Magnuson, Stewart. 2013. Wounded Knee 1973: Still Bleeding: The American Indian Movement, the

FBI, and their Fight to Bury the Sins of the Past. Arlington, VA: Courtbridge Publishing.

Rosales, Arturo F., and Francisco A. Rosales. 1997. Chicano! The History of the Mexican American

Civil Rights Movement, 2nd ed. Houston, TX: Arte Público Press.

Soennichsen, John. 2011. The Chinese Exclusion Act of 1882. Santa Barbara, CA: Greenwood.

Wilkins, David E., and K. Tsianina Lomawaima. 2002. Uneven Ground: American Indian Sovereignty and Fede