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Civil rights and equal protection

Civil rights are about equality: the promise that government will treat people equally under the law.

Equal protection

The 14th Amendment (1868) forbids states from denying any person 'the equal protection of the laws'. Courts apply different levels of scrutiny: laws that classify by race receive strict scrutiny and are almost always struck down; classifications by sex receive intermediate scrutiny; most other classifications need only a rational basis.

The struggle against segregation

In Plessy v. Ferguson (1896), the Supreme Court accepted 'separate but equal' segregation. Brown v. Board of Education (1954) overturned that doctrine for public schools, ruling that separate schools are inherently unequal. The Civil Rights Act of 1964 banned discrimination in public accommodations and employment, and the Voting Rights Act of 1965 attacked barriers to Black voting.

Other movements for equality

Women won the vote with the 19th Amendment in 1920 and later pursued equality in work and education, including through Title IX (1972). Native Americans, Latino Americans, Asian Americans, people with disabilities, and LGBTQ Americans have also fought for equal rights; the Americans with Disabilities Act (1990) and Obergefell v. Hodges (2015), which recognised same-sex marriage nationwide, are major milestones.

Flashcard

Equal protection clause

The 14th Amendment's guarantee of equal treatment under law

The basis for many civil rights rulings.

Check your understanding

Which Supreme Court case overturned 'separate but equal' in public schools?

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