civil rights

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civil rights,

rights that a nation's inhabitants enjoy by law. The term is broader than "political rights," which refer only to rights devolving from the franchise and are held usually only by a citizen, and unlike "natural rights," civil rights have a legal as well as a philosophical basis. In the United States civil rights are usually thought of in terms of the specific rights guaranteed in the Constitution: freedom of religion, of speech, and of the press, and the rights to due process of law and to equal protection under the law.

Civil Rights in the United States

Since the Civil WarCivil War,
in U.S. history, conflict (1861–65) between the Northern states (the Union) and the Southern states that seceded from the Union and formed the Confederacy.
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, much of the concern over civil rights in the United States has focused on efforts to extend these rights fully to African Americans. The first legislative attempts to assure African Americans an equal political and legal status were the Civil Rights Acts of 1866, 1870, 1871, and 1875. Those acts bestowed upon African Americans such freedoms as the right to sue and be sued, to give evidence, and to hold real and personal property. The 1866 act was of dubious constitutionality and was reenacted in 1870 only after the passage of the Fourteenth AmendmentFourteenth Amendment,
addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1

Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens of their state
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. The fourth Civil Rights Act attempted to guarantee to the African Americans those social rights that were still withheld. It penalized innkeepers, proprietors of public establishments, and owners of public conveyances for discriminating against African Americans in accommodations, but was invalidated by the Supreme Court in 1883 on the ground that these were not properly civil rights and hence not a field for federal legislation.

After the Civil Rights Act of 1875 there was no more federal legislation in this field until the Civil Rights Acts of 1957 and 1960, although several states passed their own civil-rights laws. The 20th-century struggle to expand civil rights for African Americans involved the National Association for the Advancement of Colored PeopleNational Association for the Advancement of Colored People
(NAACP), organization composed mainly of American blacks, but with many white members, whose goal is the end of racial discrimination and segregation.
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, the Congress of Racial EqualityCongress of Racial Equality
(CORE), civil-rights organization founded (1942) in Chicago by James Farmer. Dedicated to the use of nonviolent direct action, CORE initially sought to promote better race relations and end racial discrimination in the United States.
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, the Urban LeagueUrban League, National,
voluntary nonpartisan community service agency, founded in 1910, whose goal is to help end racial segregation and discrimination in the United States, especially toward African Americans, and to help economically and socially disadvantaged groups to share
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, the Southern Christian Leadership ConferenceSouthern Christian Leadership Conference
(SCLC), civil-rights organization founded in 1957 by Martin Luther King, Jr., and headed by him until his assassination in 1968. Composed largely of African-American clergy from the South and an outgrowth of the Montgomery, Ala.
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, and others. The civil-rights movement, led especially by Martin Luther KingKing, Martin Luther, Jr.,
1929–68, American clergyman and civil-rights leader, b. Atlanta, Ga., grad. Morehouse College (B.A., 1948), Crozer Theological Seminary (B.D., 1951), Boston Univ. (Ph.D., 1955).
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, Jr., in the late 1950s and 60s, and the executive leadership provided by President Lyndon B. JohnsonJohnson, Lyndon Baines,
1908–73, 36th President of the United States (1963–69), b. near Stonewall, Tex. Early Life

Born into a farm family, he graduated (1930) from Southwest Texas State Teachers College (now Southwest Texas State Univ.), in San Marcos.
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, encouraged the passage of the most comprehensive civil-rights legislation to date, the Civil Rights Act of 1964; it prohibited discrimination for reason of color, race, religion, or national origin in places of public accommodation covered by interstate commerce, i.e., restaurants, hotels, motels, and theaters. Besides dealing with the desegregation of public schools, the act, in Title VII, forbade discrimination in employment. Title VII also prohibited discrimination on the basis of sex.

In 1965 the Voting Rights Act was passed, which placed federal observers at polls to ensure equal voting rights. The Civil Rights Act of 1968 dealt with housing and real estate discrimination. In addition to congressional action on civil rights, there was action by other branches of the government. The most notable of these were the Supreme Court decisions in 1954 and 1955 declaring racial segregation in public schools unconstitutional and the court's rulings in 1955 banning segregation in publicly financed parks, playgrounds, and golf courses (see Brown v. Board of Education of Topeka, Kans.Brown v. Board of Education of Topeka, Kans.,
case decided by the U.S. Supreme Court in 1954. Linda Brown was denied admission to her local elementary school in Topeka because she was black.
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).

In the 1960s women began to organize around the issue of their civil rights (see feminismfeminism,
movement for the political, social, and educational equality of women with men; the movement has occurred mainly in Europe and the United States. It has its roots in the humanism of the 18th cent. and in the Industrial Revolution.
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). The federal Equal Pay Act was passed in 1963, and by the early 1970s over 40 states had passed equal pay laws. In 1972 the Senate passed an Equal Rights Amendment (ERA) intended to prohibit all discrimination based on sex, but after failing to win ratification in a sufficient number of states, the ERA was abandoned. Since the 1970s a number of gay-rights groups have worked, mainly on the local and state levels, for legislation that prevents discrimination in housing and employment (see gay-rights movementgay-rights movement,
organized efforts to end the criminalization of homosexuality and protect the civil rights of homosexuals. While there was some organized activity on behalf of the rights of homosexuals from the mid-19th through the first half of the 20th cent.
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). In a further extension of civil-rights protection, the Americans with Disabilities ActAmericans with Disabilities Act,
U.S. civil-rights law, enacted 1990, that forbids discrimination of various sorts against persons with physical or mental handicaps. Its primary emphasis is on enabling these persons to enter the job market and remain employed, but it also
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 (1990) barred discrimination against disabled persons in employment and provided for improved access to public facilities.

Bibliography

See W. E. Nelson, The Fourteenth Amendment (1988); R. Berger, The Fourteenth Amendment and the Bill of Rights (1989); L. W. Levy, Civil Rights (1989); T. Branch, Pillar of Fire (1997); F. M. Wirt, "We Ain't What We Was" (1997); A. Fairclough, Better Day Coming: Blacks and Equality, 1890–2000 (2001); D. McWhorter, Carry Me Home: Birmingham, Alabama: The Climactic Battle of the Civil Rights Revolution (2001); C. Polsgrove, Divided Minds: Intellectuals and the Civil Rights Movement (2001); C. Carter et al., ed., Reporting Civil Rights: American Journalism 1941–1973 (2 vol., 2003); J. Rosenberg and Z. Karabell, Kennedy, Johnson, and the Quest for Justice: The Civil Rights Tapes (2003); J. Carrier, Traveler's Guide to the Civil Rights Movement (2004); N. Kotz, Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws That Changed America (2005); T. Branch, At Canaan's Edge: America in the King Years, 1965–68 (2006); L. F. Litwack, How Free Is Free? The Long Death of Jim Crow (2009); B. Ackerman, We the People, Vol. 3: The Civil Rights Revolution (2014); T. S. Purdum, An Idea Whose Time Has Come (2014); C. Risen, The Bill of the Century (2014).

civil rights

the rights which are due to a CITIZEN by virtue of citizenship alone, and which are protected by the law. Thus civil rights can be distinguished from human rights, which may or may not be protected by the law, and which belong to all people whether or not they are enshrined in the law. In the US the Bill of Rights makes all human rights civil rights. In the UK, in the absence of a written bill of rights, it is more normal to refer to civil rights as civil liberties. See also CIVIL RIGHTS MOVEMENT(S), CIVIL DISOBEDIENCE.
References in periodicals archive ?
The success of the revised version of immutability in the courts has given new life to a concept once thought dead and led scholars to apply the insight to other identities or traits that are not currently protected by antidiscrimination law.
This Article argues that the anti-bottleneck principle--the principle that the law ought to ameliorate severe bottlenecks in the opportunity structure where it can feasibly do so--is not only a way of understanding these new, cutting-edge protections, but also a way of understanding much of the project of Title VII and our existing body of antidiscrimination law.
But he notes that antidiscrimination laws extend far more broadly,
This Article argues that antidiscrimination law provides the proper theoretical framework for understanding and critiquing GINA.
27) Case therefore prioritizes a broad interpretation of antidiscrimination law over employer prerogatives or the potential benefits of workplace relationships for employees and employers alike.
The appeals court reversed this in 1997, and in 1999 the New Jersey Supreme Court sided with Dale, agreeing that the antidiscrimination law did not violate the BSA's First Amendment right to expressive association.
Even ignoring the irrationality of the underlying antidiscrimination paradigm, the already wide ambit for claims, and the lower standards of proof, antidiscrimination law is rife with further abuse and vexatious claims--vexatious, that is, even considering the already lax standards for findings of guilt (McIntyre 1998).
The tide and much of the book's early discussion make it sound like a right-wing screed attacking antidiscrimination law.
The second is the ever-greater regulation of the employment relationship, particularly through the modern antidiscrimination law, which has carved a huge hole in the principle of freedom of contract.
Last March, Catholic Charities in Boston stopped providing adoption services after it failed to win an exemption from a Massachusetts antidiscrimination law that requires agencies to serve gay couples.
Veterans with disabilities have access to specialized antidiscrimination law which protects their hybrid status as people with disabilities who are also veterans.
More specifically, it is about how past antidiscrimination law may be used to determine whether a class of people deserves protection and, if so, how courts determine what types of protection are needed.