The time had come when affi rmative action in college admissions had been struck down.
In response to the court's decision, the Texas legislature adopted the Ten Percent Plan, which guaranteed admission to any student in the top 10 percent of his or her high school class.
Many high schools in Texas are very different from one another.
Even without an explicit action plan, the program meant that Texas universities would remain diverse.
70% of the class at the University of Texas at Austin was admitted through the Ten Percent Plan.
UT changed its policy in an attempt to increase diversity at the classroom and program level after the Ten Percent Plan increased overall diversity.
In 2008, a senior at Stephen F. Austin High School applied for admission to the University of Texas at Austin.
In the year in which students guaranteed admission through the Plan accounted for 81% of the admitted class at UT, Fisher applied.
The United States has a p. 475.
The undergraduate admission policy at The University of Texas at Austin, which uses race as a factor in admissions' decisions, was reviewed by the U.S. Supreme Court during its October 2012 term.
Do we have civil rights for all American citizens?
Ordinary people answer questions about where our civil rights came from and how we won them.
Think about what equal treatment and protection means today.
Civil rights issues have been a part of our society since the United States was founded.
Civil rights have expanded in scope since the Civil Rights movement of the twentieth century, according to a University of Oklahoma political scientist.
Civil rights issues are addressed in current research on voting rights, municipal election methods, and education.
The federal government does not recognize same-sex marriage according to the Defense of Marriage Act.
Hear people argue about their views on same-sex marriage and how public opinion has changed over time.
Civil rights and civil liberties are different.
Christine L. Nemacheck gives examples of civil rights that the courts have ruled on in recent years, and she shows how civil rights suits can get tricky.
The Court struck down other affi r origin.
Civil rights are protected by the Constitution.
The Declaration of Independence proclaims that all men are created equal, but equality is not mentioned in the Constitution or the original Bill of Rights.
These rights are not dependent on citizenship.
The courts have to balance the government's interest in doing so and protect one person's rights.
In this chapter, we discuss citizenship rights in general.
Natural rights do not depend on citizenship, but the kinds of protections that can be denied have become more important.
The Voting Rights Act of 1965, as well as the Civil Rights Act of 1964, are essential to securing civil rights protections.
We looked at the controversy over affi rmative action.
The boundaries of civil rights in the future will be established by how we resolve the debate over civil rights today.
Explain the concept of equality and assess the rights of citizens.
Quality is an elusive term.
The effects of discrimination from poor families are necessary to bridge the gap.
Equality becomes an alien when a legal action confers citizenship as between black and white people or between women and men.
One has the right to give up their citizenship.
American adults generally don't support an equality of results, but they do support guaranteeing a minimum below which no one should be allowed to fall.
Natural rights do not depend on citizenship.
Nationality and defi nes are determined by citizenship, which is a subject of the nation.
The acquisition and retention of citizenship is important.
When the Fourteenth Amendment was adopted in 1868, the basic right of citizenship was protected.
All persons born in the United States, except children born to foreign ambassadors and ministers, are citizens regardless of their parents' citizenship.
The list of requirements is determined by Congress.
Nonenemy aliens over the age of 18 who have been admitted for permanent residence and who have resided in the United States for at least five years and in the state for at least six months are eligible for naturalization.
Citizenship and Immigration Services can grant citizenship.
The FBI helps with the necessary investigations.
A federal district judge can hear an appeal of a citizenship denial.
Two or more nations may consider a person a citizen because they have complete authority to defi ne nationality for themselves.
Children born abroad to U.S. citizens may also be citizens of the nation in which they were born.
A child born in the United States of a foreign parent may be a citizen of their parent's country.
If you have resided in the United States for at least five years and have resided in the state for at least six months, you can be admitted to the United States for permanent residence.
A petition of naturalization can be filed with a clerk of a court of record.
You should be able to read, write and speak English.
A good moral character is a must.
Understand the history, principles, and form of government of the United States.
He or she is well-disposed to the good order and happiness of the country.
In the last ten years, he or she has never believed in, advocated, or belonged to an organization that supports opposition to organized government, overthrow of government by violence, or the doctrine of world communism.
The Federation for American Immigration Reform has a website where you can find information about immigration and naturalization.
A person can become a citizen of a state by living there.
Legal status of residence is not the same as physical presence.
A person who lives in Washington, D.C. but is a citizen of California should vote in that state.
The privileges have never been completely specifi ed, but they include the right to use the United States' waters, to assemble peacefully, and to vote under state laws.
In times of war, the rights and liberties of citizenship are tested.
The Supreme Court overruled President Abraham Lincoln's use of military courts to try civilians during the Civil War, but it upheld the World War II internment of Japanese Americans in "relocation camps" and approved the use of military tribunals to try captured foreign saboteurs.
The Bill of Rights may not be denied to citizens.
In the war against international terrorism, President George W. Bush declared the U.S. citizens "enemy combatant" and authorized their internment in military compounds without access to a court of law.
The war on terror has continued in the Obama Administration despite the tension over citizens' rights.
Shahzad, a naturalized U.S. citizen, was arrested for attempting to explode a car bomb in Times Square.
Shahzad was sentenced to life in prison on October 5, 2010.
Although the Court upheld the internment of Japanese American citizens during World War II, it was later determined that the government misrepresented information to the Court about the potential threat they posed.
Congress apologized for the actions of the U.S. government in 1988, but it wasn't until 1988 that the government apologized.
The protections of citizenship are even more important during times of suspicion and hostility.
The Enemy Alien Act of 1798 allows the president to detain and expel citizens of a country at war.
U.S. citizens may not be expelled from the country, but aliens may be.
The Supreme Court upheld the 1996 amendments to the Immigration and Nationality Act, which require mandatory detention during deportation hearings of aliens accused of certain crimes, though they may not be held longer than six months.
Only citizens can run for elective offi ce, and their right to vote may not be denied, but all other rights are not restricted.
The rights of freedom of religion or freedom of speech can't be denied to aliens.
Congress and the states can deny or limit welfare to aliens.
Most federally assisted benefi ts to illegal immigrants have been denied by Congress and states have been allowed to deny them many other benefi ts.
The Supreme Court has held that states cannot constitutionally exclude children of illegal immigrants from the public schools or charge their parents tuition, even though they have considerable discretion over what benefi ts they give to aliens.
The Supreme Court struck down most provisions of the Arizona law because it violated the federal government's power over immigration.
The immigration check provision was upheld if state law enforcement had a legitimate reason to stop or detain.
Compare and contrast the efforts of different groups to get equal protection of the law.
We review the political history and social contexts in which constitutional challenges to laws and other government actions relating to civil rights for women and minorities arose.
It covers the social, economic, and political system.
The struggles of all groups are not the same, so we deal with them separately.
The Th irteenth, Fourteenth, and Fifteenth Amendments became part of the Constitution after the northern victory.
Congress passed civil rights laws in the late 1860s and 1870s to give educational and social services to freed slaves.
After the Supreme Court struck down many of these laws, legal progress was made to ensure African Americans their civil rights.
Reconstruction ended after the white southern political leadership regained power.
African Americans were abandoned by the political leaders of the north to their fate at the hands of their former white masters.
The Supreme Court either declared old laws unconstitutional or narrowly interpreted them.
The purpose of protecting the rights of African Americans was not accomplished by the limited con struction given by the court.
After the Civil War, white supremacy went unquestioned in the South, where most African Americans lived.
They were not allowed to vote, they were forced to accept menial jobs, and they were not allowed to have educational opportunities.
19 lynchings of African Americans occurred on an average of once every four days, and few white people protested.
African Americans migrated to northern cities to find work in war factories during World War I.
The Great Depression of the 1930s and World War II accelerated their relocation.
More jobs became available, and African Americans made gains.
The African American vote became important in national elections because of their migration from the rural South.
By the mid-twentieth century, urban African Americans were gaining political clout because of their demand to abolish color barriers.
Civil rights litigation began to have a major impact after World War II, as African Americans were challenging the doctrine of segregation in the courts.
The 1972 and 1988 data show a decline in public opposition to interracial marriage after the federal government gave a ruling.
40% of Americans live in a state where same-sex unions are legal.
People are asked if they agree or disagree with policies such as laws that recognize same-sex or interracial marriage.
We can determine change across the country by watching the responses over time.
Public marriage can be predicted by outlawing interracial geography.
The acceptance of interracial marriage was more conservative in the South and Rocky Mountains in the 1980's.
Over time, the opinion of the majority of people on marriage became more liberal, even in the Pacific Coast.
In the South, the strongest marriage policy or vice prohibitions to same-sex union are found.
Over time, support for same-sex marriage has changed.
The armed services and the federal bureaucracy were segregating because of Eisenhower's executive authority.
The Department of Justice was directed to enforce civil rights laws, but Congress held back.
There was a lot of resistance to integration after the Court's decisions.
Change was the result of a massive social, economic, and political movement.
It began in Montgomery, Alabama, on December 1, 1955, whenRosa Parks, an African American seamstress, refused to give up her seat to a white man on a bus as the law required her to do.
She was arrested and removed from the bus.
The black community boycotted city buses.
The Reverend Martin Luther King Jr. was a charismatic national civil rights leader because of the boycott.
More than a quarter of a million people descended on Washington, D.C. to hear King speak after a peaceful demonstration in Alabama.
By the time the summer was over, almost every city in the North or South had had demonstrations, protests, or sit-ins.
Direct action had an eff ect.
President John F. Kennedy urged Congress to pass a civil rights bill.
The nation's grief over the assassination of President Kennedy added political fuel to the drive for federal action to protect civil rights.
Civil rights legislation was President Lyndon B. Johnson's highest priority.
The Civil Rights Act of 1964 forbids discrimination on the basis of race, color, religion, sex, or nationality after months of debate.
The 1964 Civil Rights Act was a monumental legal change, but it was not the end of the struggle for civil rights.
The Voting Rights Act of 1965, along with the Twenty-Fourth Amendment ratifi ed in January 1964, gave African Americans the right to vote.
In the section on Equal Protection of the Laws, we discuss these concepts more thoroughly.
Barack Obama was elected president of the United States on November 4, 2008, making him the first African American to do so.
Our country's long battle over race and sex equality resulted in diversity.
Women have the right to vote.
Civil rights activists led a march across the Edmund Pettus Bridge in Alabama in 1965, led by Congressman John Lewis.
Lewis was elected to the congress in 1977.
Other barriers were broken by the 2008 election.
Because of the historic nature of the Obama candidacy, less attention was paid to the fact that Senator Clinton was herself breaking barriers in her string of primary election victories.
The Republican party nominated Sarah Palin for the vice presidency in the same election.
The Democratic party had a gender barrier.
The women's movement was launched after the Seneca Falls Women's Rights Convention.
The convention attracted men and women who were campaigning to abolish slavery and secure the rights of African Americans and women.
As the Civil War approached, women were told to stop fighting and focus on ending slavery.
The women's movement was halted by the Civil War.
Women have the right to vote.
In the western states, Wyoming led the way.
Many suff ragists disagreed with this approach.
A constitutional amendment that would force all states to allow women to vote was what the ey wanted.
The Nineteenth Amendment was proposed by Congress in 1919.
Many southerners opposed the amendment because it gave Congress power to investigate elections and make sure they were being obeyed, an interference that could call attention to how blacks were being kept from voting.
The Nineteenth Amendment gave women the right to vote in 1920, but they were still denied equal pay and equal rights because of national and state laws.
The women's movement was focused on the failed effort to get the Equal Rights Amendment adopted.
Equal pay, world peace, an end to sexual harassment, abortion rights, and the election of more women to offi ce are some of the issues that women have been able to mobilize their political clout behind.
The Supreme Court does not want to expand the protection against sex discrimination in the Fourteenth Amendment.
It struck down a number of state laws that discriminated based on gender, such as the Virginia Military Institute, a 150-year-old state-run institution.
Ensuring equal oppor tunities for all members of society is often seen as a necessary precondition.
It is important to provide educational opportunities for both boys and girls in the world.
This is common in Western democracies such as Britain and the United States.
There is some variation in the degree of support given to both boys and girls.
In 1986, the Act was applied to "quid pro quo" sexual harassment, in which an employer requires sexual favors from a person as a condition of employment.
The Act forbids a hostile environment and also includes same-sex harassment.
There is evidence of a "glass ceiling" that prevents women's advancement in large corporations.
Civil rights have not been limited to women and African Americans.
New waves of suspect immigrants, if they were not white or English speaking, have been considered by many native-born citizens.
These groups are denied equal rights because of formal barriers of law and custom.
Hispanic immigrants have been met with suspicion in many parts of the United States.
Hundreds of thousands of Mexican immigrants were deported through the Immigration and Naturalization Service's "Operation Wetback" program, sometimes with their U.S. born children.
Hispanics have not always been able to translate their numbers into political clout because many are not citizens or registered to vote.
The data was projected.
Half of Hispanic Americans live in California and Texas.
In 2001, California became a big state in which white people are in the minority, and Texas followed in 2005, a majority of the population is made up of racial minorities in Hawaii, New Mexico, and the District of Columbia.
The term "Asian American" describes 10 million people from many different countries.
Most people don't think of themselves as Asians, but as U.S. citizens of Chinese, Japanese, Indian, Vietnamese, Cambodian, Korean, or other ancestry.
Discrimination against Asian Americans is nothing new.
The Naturalization Act of 1906 made it impossible for Asian Americans to become US citizens.
The Supreme Court upheld the provision that only white people and aliens of African descent were eligible for citizenship.
Asians came to the United States from China.
When young Chinese men came to the American West to escape poverty and work in mines, railroads, and on farms, they encountered economic and cultural fears by the white majority who did not understand their language or their culture.
Anti- Chinese sentiment grew as Chinese Americans were recruited to work on the transcontinental railroad.
Attacks on "Chinatowns" began in the United States in the 1870s.
The Chinese Exclusion Act of 1882 made it difficult for Chinese immigrants in the United States to get citizenship.
The Chinese Exclusion Act was repealed by Congress in 1943, opening the door to citizenship for Chinese Americans.
The Japanese migrated from Hawaii to California in the 1860s.
The Japanese and Korean Exclusion League was started by white labor leaders in 1905 and the San Francisco Board of Education excluded all Chinese, Japanese, and Korean children from neighborhood schools in 1906.
Most of the Coast Japanese were loyal U.S. citizens who were guilty of no crimes.
Many people lost their businesses, jobs, and incomes when their property was sold at below market rates.
The U.S. Supreme Court upheld the government's actions.
The exclusionary acts were repealed after the war, but discrimination against Japanese Americans continued.
Ronald Reagan signed a law in 1988 that gave $20,000 to the surviving World War II internees.
The history of discrimination against Native Americans in the United States is a stain on our human rights record.
Although discrimination against African Americans gets more attention in civil rights discussions, legally sanctioned discrimination against Native Americans followed a similar path.
As more whites migrated to the Midwest and western states, it was necessary to forcibly move Native American tribes off their land.
The Indian removal act required that all Native American tribes be moved.
The use of force was authorized by the Act.
Discrimination against Native Americans in housing, employment, and health care was protested by 38 Native American rights organizations.
The American Civil Liberties Union is one of the groups that protects Native American civil rights.
As a result of these eff orts and of a greater national consciousness, most citizens are aware that many Native Americans still face discrimination and live in poverty.
Unemployment is 50 to 60 percent on many reservations.
Some reservations don't have enough housing, schools, or jobs.
Congress has begun to compensate Native Americans for past injustices, and judges are showing greater vigilance in their enforcement of Indian treaty rights.
The Supreme Court uses a three-tiered approach to evaluate discrimination.
If a private person performs a discrimination action, that action person of life, liberty, or property does not violate the Constitution.
Due process of law may be violated by it.
The equal protection clause doesn't prevent governments from discriminating in all cases.
When there is no relationship between when applied and the law's creation and permissible governmental goals, a classifi cation is not unreasonable.
There is a law prohibiting redheads from being in public.
How to distinguish between interest is one of the most difficult constitutional questions.
The burden of proof is placed on the parties who are attacking the law.
The law must be shown to have no legitimate governmental goals.
The court reviews the government's reason for legislating.
The Court has upheld the legislation with two exceptions in the last 70 years and deferred to legislative judgments.
When non economic interests are challenged, the Court has applied the test.
There are exceptions, but the legislation is upheld overwhelmingly.
Discrimination based on sexual orientation will be discussed later in the chapter.
The strict scrutiny test is applied by the court.
When a law classifi es based on race or national origin, it immediately raises a red flag.
The Supreme Court held that laws that give preference for public employment based on race are subject to strict scrutiny.
In 1971 the Supreme Court used heightened scrutiny to declare classifi cations based on sex unconstitutional.
The nation has had a long and unfortunate history of sex discrimination.
The Supreme Court has struck down most laws brought before it that were alleged to discriminate against women but has tended to do so on the basis of federal statutes like the 1964 Civil Rights Act.
Some argue that economic and age classifi cation should be subject to more scrutiny, just as race and sex classifi cations are.
State supreme courts in Texas, Ohio, and Connecticut have ruled that the funding of public schools is not equal due to the fact that rich districts spend more per student than poor districts.
Age isn't a suspect classifi cation.
To get a driver's license, to marry without parental consent, to attend schools, to buy alcohol or tobacco, and so on, are some of the distinctions made by the laws.
For senior citizens, for adult students, and for people in mid-career, many governmental institutions have age-specifi c programs.
The Age Discrimination in Employment Act was enacted to provide statutory protection for individuals who have experienced age discrimination.
State employees can only recover monetary damages in state courts.
In 1996, the U.S. Supreme Court struck down an initiative that would have banned state and local governments from protecting homosexuals from discrimination.
The supreme courts of Massachusetts, California, Connecticut, and Iowa decided that their state constitutions require that marriage be open to same-sex couples.
The federal District Court of the Northern District of CA struck down the initiative because it was a violation of the U.S. Constitution's equal protection clause.
A panel of the United States Court of Appeals for the Ninth Circuit upheld the District Court's ruling, but on substantially more narrow grounds, making it less likely that the U.S. Supreme Court would agree to hear the case.
An appeal of the Ninth Circuit's decision with the U.S. Supreme Court was led by supporters of Prop 8.
Vermont, New Hampshire, New York, Maryland, Maine and Washington have legalized same-sex marriage through referenda.
They argue that allowing same-sex marriage will result in fewer heterosexual marriages and violate the state's constitutional guarantee of marriage.
The state supreme court's sexual marriage furthers the state's legitimate interest decision was immediately challenged by opponents in procreation, same-sex marriage does not and thus it who placed a constitutional amendment banning same need not be sanctioned by the state.
Sex marriage did not end because of that.
The Supreme Court held that the state constitution's due process and equality were violated by the ban on same-sex marriage that California struck down.
Same-sex marriage can be legalized in the third state.
The pending appeal is the first state to allow same-sex marriage.
Supreme Columbia did the same thing later in 2009.
Supporters contend that Maryland, Maine, and Washington approved same-sex ings, which deprived same-sex couples marriage in their states.
Liberty is violated in other states and localities by the right to marry.
Supporters say that was based on sexual orientation.
Legislation states provide an opportunity for legal recognition of morals and basic values that would pass marriage, they must do so equally.
Civil unions and those opposed to same-sex marriage endanger the traditional notion of Illinois, Rhode Island, Delaware, and Hawaii, as well as the value of the family unit, according to those opposed to same-sex marriage.
The issue is decided through the democratic process.
It's less credible when voters and courts disagree on a topic.
The rights to erally disqualify black voters in travel and to vote have been held to be fundamental under this test.
It is now illegal to have rights to education, housing, or the South.
The equal protection clause is one of the legal bases for civil rights to white people in the United States.
The Voting Rights Act of 1965, and the Civil Rights Act of 1964, were important to the civil rights movement.
Look at the protections provided by the Voting Rights Act and trace the evolution of voting rights.