Tuesday, December 16, 2008

NOTES FOR 12-15-08

Congress acted to restore civil rights enforcement in 1988 with the Civil Rights Restoration Act which made clear that if any part of an institution gets federal money, no part can discriminate.

The Civil Rights Act of 1991 reversed or altered twelve court decisions that had narrowed civil rights protections

During the 1960s, the level of violence related to desegregation increased:
Black muslims, Malcolm X, before his assassination in 1965 called for separation from whites. Black Panther Party called for increased "black power" in the struggle for civil rights.
One of the consequences of the black nationalist movement was to instill pride in black history and culture and to bring black elected officials to office in America's major cities.

1987, The Supreme Court ruled that the civil rights act of 1866 offers broad protection to minorities.

***federal government policies toward Native Americans changed.
1924- Native Americans were granted citizenship.
Poverty and unemployment have led to Native Americans to resort to militant action. Since the 1970s, some Native Americans have been able to extract compensation for loss of their lands.

**Hispanic Americans have been exploited in the Southwest as farm laborers in 1965 Cesar Chavez led a strike against farmers in California.
The difficulties faced by Hispanics were similar to those faced by other non-whites, but were complicated by language barriers. Language barriers have resulted in low voting turn-outs.

The creation of nine majority Hispanic Congressional districts have facilitated some representation, but these districts are now in jeopardy.

Americans with disability act
  • covers mental and physical disabilites including people with AIDS, recovering alcoholics, and drug abusers.
  • The deliberately vague way that disability is defined in the statute has forced the courts to make the law more specifically defined.

Gay Liberation Movement

  • Stonewall Riots (1964)
  • Supreme Court first addressed these rights in 1986 when it ruled in Hardwick vs Georgia that Georgia's law forbidding homosexual relations were constitutional.
  • Romer vs. Evans (1996) the Court provided some support to homosexuals when it struck down a Colorado amendment to the state constitution that banned laws protecting homosexuals. The Court reversed Hardwick vs Georgia in 2003 with Lawrence v. Texas when it held that laws against sodomy violate the due process clause of the 14th Amendment.
  • The gay community now maintains a significant presence in national politics.
  • Gay and Lesbian communities are still denied protection under laws that protect other minority groups.
  • Gay men and women cannot serve openly in the US military; cannot sign each others health plans; or take advantage of estate planning laws.

Boy Scouts of America vs. Dale highlights the modern conflict between freedom and equality for gay citizens. Boy Scouts sought to revoke the membership of longtime scout.

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