Understanding Civil Rights and Legal Protections in the US

Written on November 19, 2024 in English with a size of 4.48 KB

Affirmative Action

Affirmative action gives special consideration to traditionally disadvantaged groups to overcome past discrimination.
The charge that some affirmative action programs discriminate against non-minorities is called reverse discrimination.
As a result of the Bakke case, race cannot be the sole factor in admissions decisions.
In Adarand Constructors, Inc. v. Pena, the Supreme Court ruled that affirmative action programs cannot use quotas.
In Hopwood v. State of Texas, the Bakke decision was challenged.
California's Proposition 209 ended all state-sponsored affirmative action programs.

Bilingual education programs result from government policies favoring multiculturalism.
In Lau v. Nichols, the Supreme Court ruled children have a right to bilingual education.
Today, most bilingual education programs are for Hispanic children.
Ending bilingual education in California did not violate the equal protection clause.

A major change in our society is the growing number of people aged 65 or over.
In colonial times, about half the population was under 16. In 1990, fewer than one in four were under 16.
The Age Discrimination in Employment Act of 1967 prohibits age discrimination without a valid occupational reason.

The Americans with Disabilities Act of 1990 required physical access to public buildings and services.
In 1998, the Supreme Court ruled that persons with HIV are protected under the ADA.
The most prevalent basis of discrimination complaints filed with the EEOC is race.
In 2002, the Supreme Court ruled that carpal tunnel syndrome is not a disability under the ADA.

The Human Rights Campaign Fund aims to pass federal gay rights laws.
The National Gay and Lesbian Task Force aims to repeal state sodomy laws.
Bowers v. Hardwick upheld a Georgia law criminalizing homosexual conduct.
Since Bowers v. Hardwick, state courts have invalidated sodomy statutes as a privacy violation.
Romer v. Evans invalidated Colorado anti-discrimination laws protecting homosexuals.
As of 2002, 11 openly gay men and lesbians have served in the U.S. House of Representatives.
The Hawaii Supreme Court ruled bans on same-sex marriages violate the state constitution.
The Defense of Marriage Act bans federal recognition of same-sex couples.
Most states do not deny child custody solely based on sexual orientation.
In 1999, the Vermont Supreme Court ruled that gay couples are entitled to the same state benefits as married couples.
Vermont's civil unions grant state but not federal benefits to same-sex couples.

Children are the largest group in the U.S. with the least amount of rights and protections.
Brown v. Board of Education of Topeka granted children the status of rights-bearing persons.
The Twenty-sixth Amendment extended the right to vote to individuals 18 and older.
In re: Gault, the Supreme Court held that children have a right to counsel at government expense in criminal matters.
A major reason children's rights are not protected is the presumption that parents protect them.
About 31% of 18- to 20-year-olds reported voting in 1996.
A major argument for extending the vote to 18-year-olds was that young men were drafted at 18 but could not vote.

Civil law regulates conduct between private parties in matters like contracts and domestic relations.
Criminal law defines crimes and punishment.
In private contract rights, majority refers to the legal age of an adult.
Minors usually cannot be held responsible for contracts entered.
Necessaries are what is reasonable for suitable subsistence under contract law.
If a minor destroys property, the owner may sue the child's parents.
Common law is judge-made law based on prevailing customs.
All states have juvenile court systems for children below the age of criminal responsibility.
Zero-tolerance policies can be changed through state legislation and are sometimes strictly enforced without considering circumstances.

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