As discussed under the Civil Liberties section of this site, there is a difference between what constitutes Civil Rights and Civil Liberties. Civil liberties are freedoms that protect individuals from arbitrary government interference. Civil rights
refer to the government's responsibility to protect entire groups of
people and ensure they receive "equal protection under the law."
Civil liberties are defined in the Bill of Rights and applied through the Due Process Clause of the 14th Amendment. Civil rights refer to group rights given through the Equal Protection Clause of the 14th Amendment. Various groups within the nation have faced discriminatory practices that have been corrected through legislation, court rulings, or amendments to the Constitution.
Race and Civil Rights
One of the obvious patterns of discrimination in the history of the United States pertains to race. Black Americans and Hispanic Americans are the two most dominant minorities in the nation and have been the victims of poor policy that prevented equal opportunity and equal protection.
The institution of slavery represents the greatest injustice perpetrated against a group of individuals. Until the American Civil War, little had been done to ensure the promises of the Declaration of Independence. Much to the detriment of Black Americans, the Supreme Court had worked against them in Dred Scot v. Sandford (1857), when they ruled that slaves could not become citizens and had no rights.
However, after the defeat of the South, the federal government acted to provide Black Americans the rights they had deserved. Three Constitutional amendments were passed as a direct result of the Civil War and more followed.
The 13th Amendment abolished slavery.
The 14th Amendment prevented denial of equal protection under the law and required due process rights be extended to all citizens. Also, citizenship was granted to anyone born in the United States.
The 15th Amendment prevented anyone from being denied the right to vote on the basis of race or previous condition of servitude (i.e. slavery).
Later, the 24th Amendment to the Constitution furthered assistance to Black Americans by banning poll taxes, which had been used frequently in the South to prevent voting.
Congress has passed numerous pieces of legislation to further ensure rights for minorities. Two pieces of legislation are extremely important in the area of civil rights:
The Civil Rights Act of 1964 outlawed discrimination in public accommodations based on race, color, religion, sex, or national origin.
The Voting Rights Act of 1965 further enforced the 15th Amendment by preventing obstacles to voting, particularly the literacy tests imposed by Southern states. These were 'tests' designed to discriminate against uneducated black citizens.
Through legislation, Black Americans have been placed on a more level playing field, but some civil rights had to be won through litigation, or use of the court system. No case may be more significant than Brown v. Board of Education (1954), where the Supreme Court ruled that the segregation of public schools violated the Equal Protection Clause in the 14th Amendment, which overturned the "separate but equal" doctrine that had been set down in Plessy v. Ferguson (1898).
By desegregating public schools, the Court laid down the principle that segregation in all public facilities was inherently a violation of civil rights.
Civil rights were extended to Black Americans even further during the 1960s when President Lyndon Johnson issued an executive order to ensure that all businesses who have dealings with the federal government must show "affirmative action" in their hiring practices. It doesn't require that companies hire a certain number of minorities or women, but it means that they have to show they are taking steps to ensure fair hiring practices.
Discriminatory practices often affect minority races, but it is important to remember that civil rights extend to everyone. This notion was upheld in the Supreme Court in the case, University of California v. Bakke (1978), when they ruled that college admissions policies may include race as one factor in the admissions process, but schools could not have a quota, where they reserved a number of seats in each class for minorities.
Women and Civil Rights
Another class of citizens who have historically been deprived of civil rights is women. Though women still face numerous challenges in 21st century America, one of their greatest achievements was rightfully staking claim to suffrage, the right to vote. When the Constitution was written, the issue of voting was left solely at the discretion of the individual states. Typically, these states had requirements for voting that limited suffrage to white, property-owning, men.
In 1869, various women's rights groups managed to successfully convince the state of Wyoming to be the first to permit women to vote. Other states followed suit throughout the late 19th and early 20th century, adding some suffrage rights for women. With the passage of 19th Amendment to the Constitution, women were granted full suffrage and could not be denied this right by any state.
This achievement in women's rights was due to what is often referred to as the first wave of feminism, the movement to obtain equality for women in political, social, and economic arenas. The fight for women's equality was dormant until the Counterculture Movement in 1960s. This change in American culture, coupled with books such as Betty Friedan's The Feminine Mystique, ignited the second wave of feminism. Women engaged in a number of protests and other civic activities during the 1960s and 1970s, including pushing for changes to legislation and the Constitution itself.
In 1972, an amendment to the Constitution regarding the equality of women was officially proposed by 2/3rd of both houses of Congress. This was referred to as the Equal Rights Amendment (ERA), and included three provisions:
Some of the staunchest opponents to the ERA were other women, who had concerns about how the amendment would affect issues such as a male-only military draft, alimony, and child support laws.
Congress has passed laws that have aided women in their quest for equality. The Civil Rights Act of 1964 was amended to include women as a protected class from discrimination. This law was also changed to include the portion known as Title IX, which is very short, but influential, stating:
The law affects any educational institution (at all levels) that receive any form of federal assistance. It aimed to reduce the discrimination that women faced in entering programs in traditionally male dominated field, such as math, science, and various graduate programs.
Title IX also changed the landscape of collegiate athletics. Traditionally, the inclusion of women's sports at the collegiate level was an afterthought. Title IX empowered the Department of Education to ensure that the number of male and female sports offered at educational institutions were relatively similar in size and funding.
Sexual Orientation and Civil Rights
Gay and lesbian citizens have only more recently been politically active in working towards achieving equality in the United States. Because homosexuals represent a small percentage of the population, gay rights advocates have been more successful in using litigation than legislation.
Until 2003, many states still had sodomy laws that prevented two men from engaging in sexual conduct. This law was challenged in the case Lawrence v. Texas, and the Supreme Court overturned those laws, based on the 14th Amendment's Due Process Clause.
Subsequently, the Court has also overturned the Defense of Marriage Act in the cases United States v. Windsor (2013) and Obergefell v. Hodges (2015). The rulings in these cases not only required states to recognize same-sex marriages from other states, but maintained that a state could not prevent same-sex couples from marrying because it was a right under the 14th Amendment's Due Process Clause.
President Obama also opted to end the policy of "Don't Ask, Don't Tell" regarding homosexuals who serve in America's armed forces. Previously, this policy held that the military would not ask anyone about their sexual orientation and servicemen would not tell their sexual orientation.
Civil liberties are defined in the Bill of Rights and applied through the Due Process Clause of the 14th Amendment. Civil rights refer to group rights given through the Equal Protection Clause of the 14th Amendment. Various groups within the nation have faced discriminatory practices that have been corrected through legislation, court rulings, or amendments to the Constitution.
Race and Civil Rights
One of the obvious patterns of discrimination in the history of the United States pertains to race. Black Americans and Hispanic Americans are the two most dominant minorities in the nation and have been the victims of poor policy that prevented equal opportunity and equal protection.
The institution of slavery represents the greatest injustice perpetrated against a group of individuals. Until the American Civil War, little had been done to ensure the promises of the Declaration of Independence. Much to the detriment of Black Americans, the Supreme Court had worked against them in Dred Scot v. Sandford (1857), when they ruled that slaves could not become citizens and had no rights.
However, after the defeat of the South, the federal government acted to provide Black Americans the rights they had deserved. Three Constitutional amendments were passed as a direct result of the Civil War and more followed.
The 13th Amendment abolished slavery.
The 14th Amendment prevented denial of equal protection under the law and required due process rights be extended to all citizens. Also, citizenship was granted to anyone born in the United States.
The 15th Amendment prevented anyone from being denied the right to vote on the basis of race or previous condition of servitude (i.e. slavery).
Later, the 24th Amendment to the Constitution furthered assistance to Black Americans by banning poll taxes, which had been used frequently in the South to prevent voting.
Congress has passed numerous pieces of legislation to further ensure rights for minorities. Two pieces of legislation are extremely important in the area of civil rights:
The Civil Rights Act of 1964 outlawed discrimination in public accommodations based on race, color, religion, sex, or national origin.
The Voting Rights Act of 1965 further enforced the 15th Amendment by preventing obstacles to voting, particularly the literacy tests imposed by Southern states. These were 'tests' designed to discriminate against uneducated black citizens.
 |
| LBJ signs the Civil Rights Act |
By desegregating public schools, the Court laid down the principle that segregation in all public facilities was inherently a violation of civil rights.
Civil rights were extended to Black Americans even further during the 1960s when President Lyndon Johnson issued an executive order to ensure that all businesses who have dealings with the federal government must show "affirmative action" in their hiring practices. It doesn't require that companies hire a certain number of minorities or women, but it means that they have to show they are taking steps to ensure fair hiring practices.
Discriminatory practices often affect minority races, but it is important to remember that civil rights extend to everyone. This notion was upheld in the Supreme Court in the case, University of California v. Bakke (1978), when they ruled that college admissions policies may include race as one factor in the admissions process, but schools could not have a quota, where they reserved a number of seats in each class for minorities.
Women and Civil Rights
Another class of citizens who have historically been deprived of civil rights is women. Though women still face numerous challenges in 21st century America, one of their greatest achievements was rightfully staking claim to suffrage, the right to vote. When the Constitution was written, the issue of voting was left solely at the discretion of the individual states. Typically, these states had requirements for voting that limited suffrage to white, property-owning, men.
In 1869, various women's rights groups managed to successfully convince the state of Wyoming to be the first to permit women to vote. Other states followed suit throughout the late 19th and early 20th century, adding some suffrage rights for women. With the passage of 19th Amendment to the Constitution, women were granted full suffrage and could not be denied this right by any state.
This achievement in women's rights was due to what is often referred to as the first wave of feminism, the movement to obtain equality for women in political, social, and economic arenas. The fight for women's equality was dormant until the Counterculture Movement in 1960s. This change in American culture, coupled with books such as Betty Friedan's The Feminine Mystique, ignited the second wave of feminism. Women engaged in a number of protests and other civic activities during the 1960s and 1970s, including pushing for changes to legislation and the Constitution itself.In 1972, an amendment to the Constitution regarding the equality of women was officially proposed by 2/3rd of both houses of Congress. This was referred to as the Equal Rights Amendment (ERA), and included three provisions:
- Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
- Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
- Section 3. This amendment shall take effect two years after the date of ratification
Some of the staunchest opponents to the ERA were other women, who had concerns about how the amendment would affect issues such as a male-only military draft, alimony, and child support laws.
Congress has passed laws that have aided women in their quest for equality. The Civil Rights Act of 1964 was amended to include women as a protected class from discrimination. This law was also changed to include the portion known as Title IX, which is very short, but influential, stating:
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
 |
| The effects of Title IX |
Title IX also changed the landscape of collegiate athletics. Traditionally, the inclusion of women's sports at the collegiate level was an afterthought. Title IX empowered the Department of Education to ensure that the number of male and female sports offered at educational institutions were relatively similar in size and funding.
Sexual Orientation and Civil Rights
Gay and lesbian citizens have only more recently been politically active in working towards achieving equality in the United States. Because homosexuals represent a small percentage of the population, gay rights advocates have been more successful in using litigation than legislation.
Until 2003, many states still had sodomy laws that prevented two men from engaging in sexual conduct. This law was challenged in the case Lawrence v. Texas, and the Supreme Court overturned those laws, based on the 14th Amendment's Due Process Clause.
 |
| Same-sex marriage supports outside the SCOTUS building |
President Obama also opted to end the policy of "Don't Ask, Don't Tell" regarding homosexuals who serve in America's armed forces. Previously, this policy held that the military would not ask anyone about their sexual orientation and servicemen would not tell their sexual orientation.
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