Civil rights were not always protected in the United States. The U.S. has been through a complex process over the course of decades to create and improve protections. Changes have occurred in the form of amendments to the U.S. Constitution, Supreme Court decisions, and legislation passed by the U.S. Congress or state legislatures. Pick three significant changes in civil rights protections and describe them in detail. What are the specifics of each change? What part or parts of the government created the change? What role did Congress, the state governments, the Supreme Court, the president, or some combination of these play in each change? Was the change intended to benefit or curtail civil rights protections in the U.S., and why? What were the positive or negative consequences of the change to civil rights protections? Is this action still directly impacting civil rights in the U.S. today?
1. The Civil Rights Act of 1964:
The Civil Rights Act of 1964 was a landmark piece of legislation that aimed to end racial segregation in public places and prohibit discrimination based on race, color, religion, sex, or national origin. It was passed by Congress and signed into law by President Lyndon B. Johnson. The Civil Rights Act was intended to benefit civil rights protections by providing equal opportunities for all individuals, regardless of their race or background.
The act was a result of years of civil rights activism, including the Montgomery Bus Boycott and the March on Washington. It was championed by civil rights leaders such as Martin Luther King Jr. and introduced by President Kennedy before his assassination. The bill faced significant opposition and was filibustered by Southern Democrats in Congress. It required a coalition of Republicans and Northern Democrats to bring the bill to a successful passage.
The positive consequences of the Civil Rights Act of 1964 were numerous. It outlawed racial segregation in schools, public places, and employment, and established the Equal Employment Opportunity Commission (EEOC) to enforce fair employment practices. It was a crucial step in advancing civil rights in the United States and promoting equality among all citizens.
Today, the Civil Rights Act of 1964 continues to have a significant impact on civil rights protections in the United States. It is still enforced and protects individuals from discrimination in various aspects of public life. However, challenges and debates surrounding civil rights, such as affirmative action and LGBTQ+ rights, continue to shape the ongoing discourse on civil rights in the U.S.
2. The Voting Rights Act of 1965:
The Voting Rights Act of 1965 aimed to overcome legal barriers that prevented African Americans from exercising their right to vote as guaranteed by the Fifteenth Amendment. It was signed into law by President Lyndon B. Johnson and showcased the federal government's commitment to protecting voting rights and combating racial discrimination at the polls.
The Voting Rights Act of 1965 was a response to decades of racial discrimination, particularly in the Deep South, where poll taxes, literacy tests, and other tactics were used to disenfranchise African Americans. The act aimed to eliminate these discriminatory practices and placed Southern states with a history of voter suppression under federal oversight.
The act's provisions, such as Section 5, required states and localities with a history of discriminatory voting practices to obtain federal approval, known as preclearance, before making any changes to their voting laws. Additionally, it provided for the appointment of federal voting examiners to oversee voter registration.
The Voting Rights Act of 1965 had a significant positive impact on civil rights protections. It significantly increased the voter registration and turnout rates of African Americans and other minority groups. It helped ensure that all citizens, regardless of race, had a fair and equal opportunity to participate in the democratic process. However, in recent years, Section 5 of the act has faced legal challenges. In 2013, the Supreme Court struck down the formula used to determine which states needed preclearance, which led to concerns about potential voter suppression.
3. The Obergefell v. Hodges Supreme Court decision:
In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex marriage was a fundamental right protected by the Fourteenth Amendment of the U.S. Constitution. This landmark ruling legalized same-sex marriage nationwide, overturning state-level bans on same-sex marriage.
The decision was a result of decades of LGBTQ+ rights activism and legal battles. It was brought before the Supreme Court by several same-sex couples who challenged the constitutionality of state laws banning same-sex marriage. The Supreme Court, in a 5-4 decision, held that marriage is a fundamental right and that denying same-sex couples the right to marry violated the Equal Protection Clause of the Fourteenth Amendment.
The Obergefell v. Hodges decision was a significant victory for LGBTQ+ civil rights. It established nationwide recognition of same-sex marriage and provided equal rights and protections to same-sex couples. It was aimed at benefiting civil rights protections by ensuring equality for all individuals, regardless of their sexual orientation.
The positive consequences of the Obergefell v. Hodges decision include legal recognition and protection for same-sex couples, including access to benefits, adoption rights, and hospital visitation rights. However, there has been ongoing debate and resistance on religious freedom grounds, which attempts to curtail the extent to which the ruling impacts civil rights.
Overall, these three significant changes have had a substantial impact on civil rights in the United States, with some ongoing challenges and debates. The Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Obergefell v. Hodges decision all aimed to enhance civil rights protections, promote equality, and eliminate discrimination based on race, color, religion, sex, national origin, and sexual orientation. While progress has been made, the fight for civil rights continues as new challenges emerge and different groups seek equal protection and justice.