Introduction for EducatorsTable of ContentsUpdates & Latest AdditionsLearning Pathway: Black Lives MatterLearning Pathway: Influential WomenLearning Pathway: Student RightsLearning Pathway: Election 2020Learning Pathway: Current Events Learning Pathway: Media Literacy Teacher-Designed Learning PlansTopic 1. The Philosophical Foundations of the United States Political System1.1. The Government of Ancient Athens1.2. The Government of the Roman Republic1.3. Enlightenment Thinkers and Democratic Government1.4. British Influences on American Government1.5. Native American Influences on U.S. GovernmentTopic 2. The Development of the United States Government2.1. The Revolutionary Era and the Declaration of Independence2.2. The Articles of Confederation2.3. The Constitutional Convention2.4. Debates between Federalists and Anti-Federalists2.5. Articles of the Constitution and the Bill of RightsTopic 3. Institutions of United States Government3.1. Branches of the Government and the Separation of Powers3.2. Examine the Relationship of the Three Branches3.3. The Roles of the Congress, the President, and the Courts3.4. Elections and Nominations3.5. The Role of Political PartiesTopic 4. The Rights and Responsibilities of Citizens4.1. Becoming a Citizen4.2. Rights and Responsibilities of Citizens and Non-Citizens4.3. Civic, Political, and Private Life4.4. Fundamental Principles and Values of American Political and Civic Life4.5. Voting and Citizen Participation in the Political Process4.6. Election Information4.7. Leadership and the Qualities of Political Leaders4.8. Cooperation Between Individuals and Elected Leaders4.9. Public Service as a Career4.10. Liberty in Conflict with Equality or Authority4.11. Political Courage and Those Who Affirmed or Denied Democratic Ideals4.12. The Role of Political Protest4.13. Public and Private Interest Groups, PACs, and Labor UnionsTopic 5. The Constitution, Amendments, and Supreme Court Decisions5.1. The Necessary and Proper Clause5.2. Amendments to the Constitution5.3. Constitutional Issues Related to the Civil War, Federal Power, and Individual Civil Rights5.4. Civil Rights and Equal Protection for Race, Gender, and Disability5.5. Marbury v. Madison and the Principle of Judicial Review5.6. Significant Supreme Court DecisionsTopic 6. The Structure of Massachusetts State and Local Government6.1. Functions of State and National Government6.2. United States and Massachusetts Constitutions6.3. Enumerated and Implied Powers6.4. Core Documents: The Protection of Individual Rights6.5. 10th Amendment to the Constitution6.6. Additional Provisions of the Massachusetts Constitution6.7. Responsibilities of Federal, State and Local Government6.8. Leadership Structure of the Massachusetts Government6.9. Tax-Supported Facilities and Services6.10. Components of Local GovernmentTopic 7. Freedom of the Press and News/Media Literacy7.1. Freedom of the Press7.2. Competing Information in a Free Press7.3. Writing the News: Different Formats and Their Functions7.4. Digital News and Social Media7.5. Evaluating Print and Online Media7.6. Analyzing Editorials, Editorial Cartoons, or Op-Ed Commentaries
5.4

Civil Rights and Equal Protection for Race, Gender, and Disability

Standard 5.4: Civil Rights and Equal Protection for Race, Gender, and Disability

Explain the historical context and significance of laws passed by Congress that have expanded the civil rights and equal protection for race, gender and disability. (Massachusetts Curriculum Framework for History and Social Studies) [8.T5.4]

Birmingham Civil Rights Museum

Reconstruction of Two Segregated Classrooms in 1953/Birmingham Civil Rights Museum
Image on Wikimedia Commons by Alacoolwiki, Licensed under CC BY-SA 4.0

FOCUS QUESTION: How Have Laws Passed by Congress Expanded Civil Rights and Equal Protections for Race, Gender, and Disability?

Throughout United States history, women, people of color, and individuals with disabilities have struggled to gain civil rights and receive equal protection under the law. Actions by Congress to address discrimination and injustice have only occasionally resulted in sweeping legislative action, examples of which are explored in this standard in the areas of civil rights, voting rights, gender rights, and disability rights.

    1. INVESTIGATE: Race - The 1964 Civil Rights Law and Voting Rights Act of 1965

    President Lyndon Signs Voting Rights Act
    President Lyndon B. Johnson signs the Voting Rights Act of 1965 while Reverend Martin Luther King Jr. and others look on,
    Public Domain

    The 1964 Civil Rights Law and the Voting Rights Act of 1965 are two of the most important pieces of civil rights legislation in United States History.  

    Following the Civil War, the Civil Rights Act of 1866 was the first federal law to declare equal rights under the law for all people living within the jurisdiction of the United States. Since then, there have been periodic efforts by Congress to ensure civil rights for Americans as shown in the following timeline: Constitutional Amendments and Major Civil Rights Acts of Congress, 1865-2006.

    Image preview of a YouTube video
    Watch on YouTube https://edtechbooks.org/-gVd

    The 1964 Civil Rights Act outlawed discrimination on the basis of race, color, religion, sex, or national origin, required equal access to public places and employment, and enforced desegregation of schools and the right to vote.

    Learn more about the Civil Rights Act of 1964 from the Wisconsin Historical Society.

    In 2020, in the Bostock v. Clayton County, Georgia case, the Supreme Court held that the Title VII of the 1964 Civil Rights Act banned employment discrimination based on sexual orientation or gender identity. The Title VII law prohibits employers from discriminating based on "race, color, religion, sex, or national origin."

    The case involved two gay men and one transgender woman who were fired by their employers based on their sexual and gender expression. Writing for the 6 to 3 majority, Justice Neil Gorsuch said, "when an employer fires an employee for being homosexual or transgender, it necessarily discriminates against the individual in part because of sex" (Syllabus, p. 3).

    The decision was considered a landmark ruling for LGBTQ rights in part because it applies to every employer in the country with 15 or more employees. In 2017, 77% of the nation's worksplaces had 15 or more employees (The Historic Bostock Opinion and LBGTQ Rights in School, Phi Delta Kappan, September 21, 2020).

    School Intergration
    School Integration, Barnard School, Washington, D.C., 1955, Public Domain

    The 1965 Voting Rights Act (VRA) was designed to “ensure state and local governments do not pass laws or policies that deny American citizens the equal right to vote based on race." As explained by Amy Howe (2013), the law required "all state and local governments with a history of voting discrimination to get approval from the federal government before making changes to their voting procedures, no matter how small." Read an longer overview of the Voting Rights Act from the Brennan Center for Justice.

    screeshot of snapchat
    Screenshot of Snapchat. Retrieved August 6, 2020

    But in a 2013 case, Shelby County v. Holder, the Supreme Court rejected the VRA's "coverage formula" (Section 4) for determining when a state or locality was failing to comply with the law. In 2013, the year of the Court's decision, Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas, and Virginia as well as districts in California, Florida, Michigan, New York, North Carolina and South Dakota were in violation of the Voting Rights Act (Why Is Section 4 of the Voting Rights Act Such a Big Part of the Fight Over Voting Rights, VOX, February 14, 2016).

    The result is that the Voting Rights Act remains substantially weakened till Congress sets a new standard for detemining discrimination, legislation that the Republican-controlled Senate has been unwilling to consider. The most recent Congressional effort to update the 1965 law is the John R. Lewis Voting Rights Advancement Act, summarized here by a press release from the office of Vermont Senator Patrick Leahy. The VRAA was passed by the House of Representatives in December, 2019.

    Suggested Learning Activities

    Online Resources for the Voting Rights Act

    2. INVESTIGATE: Gender - Title IX of the Education Amendments of 1972

    In 2019, 12-year-old Maddy Freking became only the 19th girl to play baseball with boys in the 72 year history of the Little League World Series; the first girl played in 1984 (learn more: A brief history of the 19 girls who have played in the Little League World Series). Maddy’s opportunity to play has its roots in Title IX, a landmark civil rights law prohibiting discrimination based on gender at educational institutions that receive federal funding.

    Title IX declared: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance" (as cited in Harvard Title IX, 2020, para. 2) 

    Watch What is Title IX, a video from CNN, to learn more about this landmark law.

    Most of us think in terms of how Title IX has transformed athletics and sports for girls and women. Before Title IX, only one in 27 girls participated in high school sports; by 2019, the number was two in five.

    Lacrosse Players
    College Women's Lacrosse Players, 2017 from Flickr, licensed by CC.BY.2.0

    But sports was not the only area of gender relationships impacted by this law. Before Title IX, only 7% of law degrees and 9% of medical degrees were earned by women. Currently women earn 47% of law degrees and 48% of medical degrees. Furthermore, by prohibiting sexual discrimination, Title IX made verbal or written harassment, sexual assault, stalking, and domestic violence crimes, greatly enhancing safety for women.

    Transgender Protections

    Title IX is also at the center of current debates over the rights of transgender individuals, including students in schools. Transgender describes people whose gender identity or gender expression is different from the sex they were assigned at birth (Transgender FAQ, GLAAD).

    In June 2021, the U.S. Department of Education reversed a position taken by the previous Trump Administration (which had rescinded policies from the Obama Administration) and declared that Title IX prohibits discrimination on the basis of sexual orientation or gender identity. The Department followed the reasoning established by the 2020 Bostock V. Clayton County employment discrimination case that discrimination based on sexual orientation and gender identity is a form of sex discrimination and therefore prohibited. President Biden's executive order said "children should be able to learn without worrying whether they will be denied access to the restroom, the locker room, or school sports" (Executive Order 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, January 20, 2021). 

    Sports participation for transgender youth has become one of the most polarizing Title IX issues. In 2020 alone, 20 states passed laws banning transgender athletes from participating in school sports even though the National Collegiate Athletic Association (NCAA), International Olympic Committee (IOC), and numerous professional and amateur leagues (including USA Gymnastics, U.S. Soccer, and the National Women's Hockey League) have allowed transgender athletes to participate "in accordance with their gender identify as early as 2004" (Fair Play, Center for American Progress, February 8, 2021, para. 2).

    Suggested Learning Activities

    • Evaluate Representation of Women in Art
      • Use art resources from Can Girls Do That? Wadsworth Atheneum Museum of Art.
      • Ask students to make their own portraits that prove that stereotypes are not always accurate.
    • Research Legislation for Gender Equity
      • Identify 3-5 pieces of legislation that have advanced gender equity.
      • Create a mosaic with symbols, images, and colors to explain how these pieces of legislation advanced the gender rights of all Americans.

    Online Resources for Title IX and Combating Gender Stereotypes

    Media Literacy Connections: Analyzing the Equality Act on Congressional Websites

    At the end of February 2021, the U.S. House of Representatives passed the Equality Act, a bill designed to amend the 1964 Civil Rights Act by banning discrimination based on sexual orientation and gender identity. The 1964 legislation banned discrimination based on “sex.” The Equality Act expands that protection against discrimination to explicitly include lesbian, gay and transgender Americans. The Equality Act was one of the policies that President Joe Biden wanted to have passed during his first 100 Days in office.

    Support and opposition for the bill is sharply divided along partisan lines--Democrats support and Republicans oppose. Both sides cite the importance of civil rights and individual freedoms to support their views.

    Supreme Court decisions are divided as to what is discriminatory conduct. In Bostock v. Clayton County, the Court ruled an employer cannot fire an employee for participating in a gay recreational softball league. But, the Court also ruled in Masterpiece Cakeshop, LTD v. Colorado Civil Rights Commission that a baker can refuse to make a wedding cake for a same-sex couple.

    In this activity, you will investigate the arguments posted by members of Congress on their websites about the Equality Act within the larger context and history of laws that have been passed to expand the civil rights and ensure equal protection for race, gender and disability.

    • Activity: Analyzing Congressional Statements For and Against the Equality Act 
      • Research what Proponents and Opponents Say about the Equality Act. You can start with this overview of both sides: House Passes the Equality Act: Here’s What It Would Do, NPR, February 24, 2021.
      • Consult the website of your state senators and House members for their position on this legislation.
      • Develop a Sketchnote or Digital Poster summarizing the arguments for and against the Equality Act from at least one Democrat, one Republican, and one outside political advocacy group.
      • Write Your Own Letter of Praise or Protest about the legislation.

    2.1. ENGAGE: When Can Girls and Boys Compete Together in Athletic Events?

    While girls in this country have always played sports and games for fun, formal athletic participation and competition for women did not begin until the 1880s with the forming of separate clubs where females could play tennis, croquet, bowling and archery—although often under different rules than for men. 

    Babe Dirikson Zaharias
    Babe Didrikson Zaharias, 1948, Public Domain

    The nation’s most prominent mid-20th century woman athlete was Babe Didrikson Zaharias. A multisport star in track and field events (shot put, hurdles, and high jump), baseball, and golf, she set numerous records in different sports and could outperform males in each (About "Babe" Didrikson Zaharias).

    Didrikson qualified for all five individual women's track and field events in the 1932 Olympics, but was allowed to compete in only three of them. The Ladies Professional Golf Association (LPGA) was established in 1950; Babe Zaharias as one of the original 13 founders. For more on her life and times, visit the resourcesforhistoryteachers wiki page, Babe Didrikson Zaharias, Woman Athlete and Equality Pioneer.

    Today, more than two in every five girls participate in high school sports, spurred on in part by the achievements of Serena and Venus Williams, Simone Biles, Mikaela Shiffrin, Alex Morgan, Lindsey Vonn, Michelle Wie, Danica Patrick and many others.  Still participation in high school sports by boys (4,565,580) exceeds girls (3,415,306) by more than a million participants (National Federation of State High School Associations, 2018).

    The increasing participating of girls in school sports has raised complex Title IX and 14th Amendment questions of sex, gender, and identity in two areas.

    Mixed Gender Sports

    First, should girls and boys be allowed to compete against one another in the same athletic activities? Adult women and men compete against one another in many sports today including Equestrian events, horse racing, Ultimate Frisbee, car racing, sailing, surfing, and mixed team events in tennis, golf, and badminton. The Tokyo Olympics held in 2021 featured 7 new mixed-gender events including relays in track and swimming and mixed pistol and rifle competitions as well as mixed judo and table tennis. In the triathlon, each individual member of a four-person team (two women and two men) swim 300 meters, bike 6.8 kilometers, and run 2 kilometers. In table tennis, like mixed doubles tennis, two-person female and male teams compete together against a team of mixed-gender opponents.

    The Women's Sports Foundation contents coeducational mixed gender sport competition should be encouraged in middle and high schools when there are equal numbers of females and males and rules that "maximize fair competition between the sexes." The Foundation also believes schools must allow girls to try out for boys' teams in contact or non-contact sports, which is the law in some but not all states. There are educational and parent organizations that strongly disagree with this position.

    Gender Identity and Transgender Athletes

    Second, should students be allowed to participate in athletics based on their gender identity? In May 2020, the federal Education Department's Office or Civil Rights found that a state of Connecticut policy allowing transgender students to compete on female track teams "denied female student athletes athletic benefits and opportunities" and threatened to withhold funding to the state's Interscholastic Athletic Conference (Levenson & Vigdor, 2020, p. 29). Transgender rights groups strongly opposed the ruling, arguing that students who identify as female are female and must be allowed to participate under Title IX guarantees. The case has national implications; in 2020 and 2021, multiple states including Alabama, Arkansas, Florida, Georgia, and Idaho banned transgender girls from participating in women's sports. Idaho also legalized sex testing of athletes before competing.

    Suggested Learning Activities

    • Propose Change at Your School
      • How would you provide girls with more opportunities to play sports in school?  

    Online Resources for Mixed Gender Sports and Games

    3. INVESTIGATE: Disability - The Americans with Disability Act of 1990

    The Americans with Disabilities Act (ADA) is a “civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public" (What is the Americans with Disabilities Act?, 2020, para. 1). The first disability law enacted in the United States was Section 504 of the 1973 Rehabilitation Act. It prohibited discrimination against people with disabilities in programs that receive federal financial assistance, and set the stage for enactment of the Americans with Disabilities Act. 

    Pelangi Tower Wheel Chair Ramp
    Pelangi Tower - Wheelchair Ramp from Chongian licenced under CC.BY-SA.4.0

    Signed into law by President George H. W. Bush in July 1990, the ADA is a milestone achievement in the civil rights struggle by individuals with disabilities and exceptionalities. ADA changed the everyday lives of millions of Americans. Students with disabilities could not be denied equal schooling. Individuals with disabilities no longer had to abandon their wheelchairs to ride a train or bus; a restaurant or grocery store could no longer refuse to serve a disabled person; no one could not be blocked from employment because of their disability or paid less money for the same work; homosexuals could not longer be labeled disabled (Lombard, 2015).

    Still, despite the ADA law, there is much progress that must be made for disability rights and justice. Only 19% of adults with disabilities held jobs in 2019, and that was before the COVID-19 pandemic created widespread unemployment throughout the country. Additionally, people with disabilities are more likely to be incarcerated or be victims of police violence and are less likely to vote due to physical and logistical barriers (Leonhardt, 2020).

    Here is the entire text of the law, as amended. Other important legislation include the Individuals with Disabilities Education Act (IDEA) in 1990 and the Americans with Disabilities Amendments Act in 2008. There are more resources at the Disability Rights and Justice Movement and the Disability History Museum.

    Suggested Learning Activity

    • Document, Research, and Propose Action
      • Review the Global Disability Rights Now document: Improving Accessibility of Schools.
      • Photograph or sketch a map showcasing all the ways the physical and instructional learning environments of your school have been changed to accommodate the needs of disabled students and adults.
    • Discuss and State Your View:  What still needs to be changed at your school to ensure full and equal participation for all?
      • Write a proposal or create a presentation to propose changes to your school administrators about increasing the accessibility of your school building and learning environment.
    • Research Legislation for Rights of People with Disabilities
      • Identify 3-5 pieces of legislation that addressed the rights people with disabilities.
      • Create a mosaic with symbols, images and colors to explain how these pieces of legislation advanced disability rights in the United States.

        Online Resources for the Americans with Disability Act and Disability History

        3.1. UNCOVER: Helen Keller, Author and Political Activist

        Deaf, blind, and unable to speak after an illness as an infant, Helen Keller devoted her life to supporting progressive causes, fighting for women’s rights, and opposing discrimination against people with disabilities.

        Helen Keller

        Helen Keller 1880-1963 from United States Library of Congress’s Prints and Photographs Division, Public Domain
        Helen Keller in Braille from Trockennasenaffe, Public Domain

        Helen Keller advocated for women’s suffrage, birth control, and pacifism. She became a socialist and a member of the Industrial Workers of the World (IWW). To learn more about her political views, read How I Became a Socialist (1912).

        A statute of her, based on a scene from the movie A Miracle Worker, was added to the National Statuary Hall in Washington, D.C. in 2009. For more information, explore the resourcesforhistoryteachers wiki page Helen Keller, Author and Political Activist and the Helen Keller Archive from the American Association for the Blind.

        Suggested Learning Activities 

        • Read and Report Out
          • Explore the Helen Keller Political Activities section of her Wikipedia page
          • List four causes for social justice Helen Keller supported during her lifetime.
          • Have you been taught about Keller's life-long political activism in school?
          • If not, write a proposal to a teacher or school administrator advocating for the inclusion of Keller's political activism in school curriculum.
        • Analyze Primary Sources
          • Explore Helen Keller’s FBI Files
          • Why do you think Helen Keller was investigated by the FBI for her political views?  
          • Why were opposition to war, support for socialism, and commitment to revolutionary change such controversial topics in American society, then and now?

        Standard 5.4 Conclusion

        The modules for this standard examined late 20th century laws passed by Congress that expanded civil rights for people of color, women, and individuals with disabilities. INVESTIGATE reviewed the 1964 Civil Rights Act and the 1965 Voting Rights Act; Title IX of the Education Amendments of 1970; and the Americans with Disabilities Act of 1970. UNCOVER explored the career and political activism of Helen Keller. ENGAGE asked when can girls and boys compete together in athletic events.