Chapter 6: Civil Right Court Cases Flashcards
Applicable to the federal government and the states
Equal Protection Clause
Does not apply to the private persons or private institutions (country clubs/yahts)
Equal Protection Clause
By Law
De Jure Segregation
In Fact
De Facto Segregation
Separate but Equal is constitutional
Plessy v. Ferguson (1896)
Classification by race is okay with equal treatment
Plessy v. Ferguson (1896)
Doesn’t violate equal protection clause
Plessy v. Ferguson (1896)
Legal restrictions that curtail the civil rights of a single radical group
Not all restrictions are unconstitutional
Korematsu v. US (1944)
Classification causes inferiority and violates equal protection clause- desegregated schools
Brown v. Board of Education Topeka, Kansas (1954)
With deliberate Speed
Brown II
Bussing to achieve Brown mandate
Swann v. Charlotte Mecklenburg BOE
Desegregated public accomodations
Title II of 1964 Civil Rights Act
Create equal employment opportunities commission- Takes complaints and brings cases against employers
Title VII of 1964 Civil Rights Act
Congress has the power to force desegregation public accommodations through commerce clause
Heart of Atlanta Motel v. US (1964)
Marrying solely on racial classification violates equal protection
Loving v. Virginia (1967)
Disabled are given protected minority status and employers must give reasonable accomodations
Americans with Disabilities Act (1990)
Government policies that ensure equality of treatment regardless of class, racial being, ethnicity, or sex
Equality v. Freedom
An equal chance to develop regardless of social group
Equality of Opportunity
Allocation of jobs or admissions based on factors other than ability
Equality of Outcome
Whether intended as a consequence any statue which discriminates is unconsitutional
Purpose Test Effect
Accepts some affirmative actions- schools can use it as a plus factor, but not the factor
Regent of the University of California v. Bakke (1978)
University of Michigan’s individualized consideration of race in law school admissions is constitutional
Grutter v. Bollinger (2003)
Awarding 20pt. for race makes university of michigan undergraduate affirmative action plan unconstitutional
Gratz v. Bollinger (2003)
City of Hartford violated the civil rights act of 1964 by discarding the firefighter promotion test
Ricci v. Destefano (2009)
Both cases eliminate affirmative action in college admissions
Students for fair admissions inc. v. Harvard college (2023)
Students for fair admissions inc. v. UNC (2023)
Title IX of education amendment of 1972 requires equal spending by sex in universities if and federal money is used, all with be cut is colleges don’t spend equal amounts
Grove City College v. Bell (1984)
Virginia Military Institute must accept women
US v. Virginia (1996)
Personal autonomy, sexual orientation, and conflict between freedom and order
Gay Rights
Only heterosexual conduct is protected by constitutions
Hardwick v. Bowers (1986)
Consenting adults in the privacy of their home isn’t protected in the constitution
Zone of Privacy
Military policy banning gays
Don’t Ask, Don’t Tell
Repealed by Obama
Don’t Ask, Don’t Tell
Defines marriage as between those of opposite sex
Defense Marriage Act (1996)
Boy Scouts have the right to bar homosexuals because it’s an private organization)
Boy Scouts of America v. Dale (2000)
Government can’t criminalize private sexual behavior
Lawrence v. Texas
Gay Couples in married states where same sex marriage is legal, must receive the same benefits as homosexual couples
US v. Windsor
