The Civil Rights Act of 1964 (Pub.L. An act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States and the Philippines 88-352, 78 Stat. The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat. are the official source for the laws and concurrent resolutions passed by the United States Congress. They are also commonly called session laws since they are compiled from slip laws at the end of a Congressional session. They are part of a 241, enacted July 2, 1964) was a landmark piece of legislation Legislation is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under in the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language that outlawed unequal application of voter registration requirements and racial segregation Crime of apartheid · CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR in schools, at the workplace and by facilities that served the general public ("public accommodations").

Once the Act was implemented, its effects were far-reaching and had tremendous long-term impacts on the whole country. It prohibited discrimination in public facilities, in government, and in employment, invalidating the Jim Crow laws CERD · CEDAW · CDE · ILO C111 · ILO C100 · ILO C169 · Protocol No. 12 ECHR in the southern U.S. It became illegal to compel segregation of the races in schools, housing, or hiring.

Powers given to enforce the act were initially weak, but were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the, principally its power to regulate interstate commerce The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of under Article One Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government (section 8), its duty to guarantee all citizens equal protection The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". The Equal Protection Clause can be seen as an attempt to secure the promise of the United States' professed commitment to the of the laws under the Fourteenth Amendment The Fourteenth Amendment to the United States Constitution was adopted after the Civil War as one of the Reconstruction Amendments on July 9, 1868 and its duty to protect voting rights under the Fifteenth Amendment The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (i.e., slavery). It was ratified on February 3, 1870.

Contents

Origins

First page of the Civil Rights Act of 1964 John F. Kennedy addresses the nation about Civil Rights on June 11, 1963

The bill was introduced by President John F. Kennedy John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963 in his civil rights speech of June 11, 1963,[1] in which he asked for legislation "giving all Americans the right to be served in facilities which are open to the public—hotels, restaurants, theaters, retail stores, and similar establishments," as well as "greater protection for the right to vote."

He then sent a bill to Congress on June 19. Emulating the Civil Rights Act of 1875, Kennedy's civil rights bill included provisions to ban discrimination in public accommodations, and to enable the U.S. Attorney General The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The Attorney General is considered to be the chief lawyer of the U.S. government. The Attorney General serves as a member of the President's Cabinet, but is to join in lawsuits against state governments which operated segregated school systems, among other provisions. But it did not include a number of provisions deemed essential by civil rights leaders including protection against police brutality, ending discrimination in private employment, or granting the Justice Department power to initiate desegregation or job discrimination lawsuits.[2]

Passage

Lyndon B. Johnson Lyndon Baines Johnson , often referred to as LBJ, served as the 36th President of the United States from 1963 to 1969 after his service as the 37th Vice President of the United States from 1961 to 1963. He served in all four federal elected offices of the United States: Representative, Senator, Vice President and President signs the Civil Rights Act of 1964. Among the guests behind him is Martin Luther King, Jr. Martin Luther King, Jr. was an American clergyman, activist and prominent leader in the African American civil rights movement. His main legacy was to secure progress on civil rights in the United States, and he has become a human rights icon: King is recognized as a martyr by two Christian churches. A Baptist minister, King became a civil rights

Passage in the House of Representatives

The bill was sent to the House of Representatives The United States House of Representatives, commonly referred to as the "House," is the lower house of the bicameral United States Congress, the upper house being the United States Senate, and referred to the House Judiciary Committee U.S. House Committee on the Judiciary, or the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement entities. The Judiciary Committee is also the committee, chaired by Emmanuel Celler, a Democrat from New York New York City, which is geographically the largest city in the state and most populous in the United States, is known for its history as a gateway for immigration to the United States and its status as a financial, cultural, transportation, and manufacturing center. According to the U.S. Department of Commerce, it is also a destination of choice. After a series of hearings on the bill, Celler's committee greatly strengthened the act, adding provisions to ban racial discrimination in employment, providing greater protection to black voters, eliminating segregation in all publicly owned facilities (not just schools), and strengthening the anti-segregation clauses regarding public facilities such as lunch counters. They also added authorization for the Attorney General to file lawsuits to protect individuals against the deprivation of any rights secured by the Constitution or U.S. law. In essence, this was the controversial "Title III" that had been removed from the 1957 The Civil Rights Act of 1957, primarily a voting rights bill, was the first civil rights legislation enacted by Congress in the United States since Reconstruction. After it was proposed to Congress by then-President Dwight Eisenhower, Senator James Strom Thurmond sustained the longest one-person filibuster in history in an attempt to keep it from and 1960 Acts. Civil rights organizations pressed hard for this provision because it could be used to protect peaceful protesters and black voters from police brutality and suppression of free speech rights.

The bill was reported out of the Judiciary Committee in November 1963, and referred to the Rules Committee, whose chairman, Howard W. Smith, a Democrat and avid segregationist from Virginia The area's history begins with several indigenous groups, including the Powhatan. In 1607 the London Company established the Colony of Virginia as the first permanent New World English colony. Land from displaced Native American tribes and slave labor each played significant roles in the colony's early politics and plantation economy. Virginia was, indicated his intention to keep the bill bottled up indefinitely. It was at this point that President Kennedy was assassinated. The new president, Lyndon Johnson Lyndon Baines Johnson , often referred to as LBJ, served as the 36th President of the United States from 1963 to 1969 after his service as the 37th Vice President of the United States from 1961 to 1963. He served in all four federal elected offices of the United States: Representative, Senator, Vice President and President, utilized his experience in legislative politics and the bully pulpit A bully pulpit is a public office or other position of authority of sufficiently high rank that provides the holder with an opportunity to speak out and be listened to on any matter. The bully pulpit can bring issues to the forefront that were not initially in debate, due to the office's stature and publicity he wielded as president in support of the bill. In his first address to Congress on November 27, 1963, Johnson told the legislators, "No memorial oration or eulogy could more eloquently honor President Kennedy's memory than the earliest possible passage of the civil rights bill for which he fought so long."

Because of Smith's stalling of the bill in the Rules Committee, Celler filed a petition to discharge the bill from the Committee. Only if a majority of members signed the discharge petition would the bill move directly to the House floor without consideration by Smith's committee. Initially Celler had a difficult time acquiring the signatures necessary, as even many congressmen who supported the civil rights bill itself were cautious about violating House procedure with the discharge petition. By the time of the 1963 winter recess, 50 signatures were still needed.

The record of the roll call vote In many deliberative bodies , questions may be decided by voice vote, but the voice vote does not allow one to determine at a later date which members voted for and against the motion. Upon the demand of any member, a division may be held; the members supporting and opposing the motion stand successively and are counted. However, even in the kept by the House Clerk on final passage of the bill.

On the return from the winter recess, however, matters took a significant turn. The pressure of the civil rights movement, the March on Washington The March on Washington for Jobs and Freedom was a large political rally that took place in Washington, D.C. on August 28, 1963. Martin Luther King, Jr. delivered his historic "I Have a Dream" speech advocating racial harmony at the Lincoln Memorial during the march, and the President's public advocacy of the Act had made a difference of opinion in Representatives' home districts, and soon it became apparent that the petition would acquire the necessary signatures. To prevent the humiliation of the success of the petition, Chairman Smith allowed the bill to pass through the Rules Committee. The bill was brought to a vote in the House on February 10, 1964, and passed by a vote of 290 to 130, and sent to the Senate.

Passage in the Senate

Martin Luther King, Jr. Martin Luther King, Jr. was an American clergyman, activist and prominent leader in the African American civil rights movement. His main legacy was to secure progress on civil rights in the United States, and he has become a human rights icon: King is recognized as a martyr by two Christian churches. A Baptist minister, King became a civil rights and Malcolm X Malcolm X , born Malcolm Little and also known as El-Hajj Malik El-Shabazz (Arabic: الحاجّ مالك الشباز‎), was an African-American Muslim minister, public speaker, and human rights activist. To his admirers, he was a courageous advocate for the rights of African Americans, a man who indicted white America in the harshest terms for at the United States Capitol The United States Capitol is the meeting place of the United States Congress, the legislature of the Federal government of the United States. Located in Washington, D.C., it sits atop Capitol Hill at the eastern end of the National Mall. Though not in the geographic center of the District of Columbia, the Capitol is the origin by which the on March 26, 1964. Both men had come to hear the Senate debate on the bill. This was the only time the two men ever met; their meeting lasted only one minute.[3]

Johnson, who wanted the bill passed as soon as possible, ensured that the bill would be quickly considered by the Senate The United States Senate is the upper house of the bicameral United States Congress, the lower house being the House of Representatives. The composition and powers of the Senate and the House are established in Article One of the U.S. Constitution . Each U.S state is represented by two senators, regardless of population. Senators serve staggered. Normally, the bill would have been referred to the Senate Judiciary Committee The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, the upper house of the United States Congress. The Judiciary Committee is charged with conducting hearings prior to the Senate votes on whether to confirm or not confirm prospective federal judges (including Supreme Court justices) nominated by, chaired by Senator James O. Eastland James Oliver Eastland was an American politician from Mississippi who briefly served in the United States Senate as a Democrat in 1941; and again from 1943 until his resignation December 27, 1978. From 1947 to 1978, he served alongside John Stennis, also a Democrat. Eastland and Stennis were the second longest-serving Senate duo in American, Democrat The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's modern liberal platform is largely considered center-left in the U.S. political spectrum. It is one of the world's oldest political parties and boasts the lengthiest record of continuous operation in the United from Mississippi Mississippi is bordered on the north by Tennessee, on the east by Alabama, on the south by Louisiana and a narrow coast on the Gulf of Mexico and on the west, across the Mississippi River, by Louisiana and Arkansas. Under Eastland's care, it seemed impossible that the bill would reach the Senate floor. Senate Majority Leader The Senate Majority and Minority Leaders are two United States Senators who are elected by the party conferences that hold the majority and the minority respectively. These leaders serve as the chief Senate spokesmen for their parties and manage and schedule the legislative and executive business of the Senate. By rule, the Presiding Officer gives Mike Mansfield Michael Joseph Mansfield was an American Democratic politician and the longest-serving Majority Leader of the United States Senate, serving from 1961 to 1977. Born in New York City to Irish Catholic immigrants, he was raised in Montana, where he graduated from the University of Montana in Missoula (then called Montana State University). Mansfield took a novel approach to prevent the bill from being relegated to Judiciary Committee limbo. Having initially waived a second reading of the bill, which would have led to it being immediately referred to Judiciary, Mansfield gave the bill a second reading on February 26, 1964, and then proposed, in the absence of precedent for instances when a second reading did not immediately follow the first, that the bill bypass the Judiciary Committee and immediately be sent to the Senate floor for debate. Although this parliamentary move led to a filibuster A filibuster is a type of parliamentary procedure. Specifically, it is a form of obstruction in a legislature or other decision-making body whereby a lone member can elect to delay or entirely prevent a vote on a proposal, the senators eventually let it pass, preferring to concentrate their resistance on passage of the bill itself.

The bill came before the full Senate for debate on March 30, 1964 and the "Southern Bloc" of 18 southern Democratic Senators and one Republican Senator led by Richard Russell Richard Brevard Russell, Jr. was an American Democratic Party politician who was a long-time United States Senator from the state of Georgia. He represented Georgia in the Senate from 1933 until his death in 1971. He was a founder and leader of the Conservative coalition that dominated Congress from 1937 to 1963, and at his death was the most (D-GA) launched a filibuster to prevent its passage.[4] Said Russell: "We will resist to the bitter end any measure or any movement which would have a tendency to bring about social equality and intermingling and amalgamation of the races in our (Southern) states."[5]

The most fervent opposition to the bill came from Dixie lawmakers, like Senator Strom Thurmond James Strom Thurmond was an American politician who served as the 103rd Governor of South Carolina and as a United States Senator. He also ran for the Presidency of the United States in 1948 as the segregationist States Rights Democratic Party (Dixiecrat) candidate, receiving 2.4% of the popular vote and 39 electoral votes. Thurmond later (D-SC): "This so-called Civil Rights Proposals, which the President has sent to Capitol Hill for enactment into law, are unconstitutional, unnecessary unwise and extend beyond the realm of reason. This is the worst civil-rights package ever presented to the Congress and is reminiscent of the Reconstruction proposals and actions of the radical Republican Congress."[6]

After 54 days of filibuster, Senators Everett Dirksen Everett McKinley Dirksen was an American politician of the Republican Party. He represented Illinois in the U.S. House of Representatives (1933-49) and U.S. Senate (1951-69). As Senate Minority Leader for over a decade, he played a highly visible and key role in the politics of the 1960s, including helping to write and pass the Civil Rights Act of (R-IL), Thomas Kuchel (R-CA), Hubert Humphrey Hubert Horatio Humphrey, Jr. , served under President Lyndon B. Johnson as the 38th Vice President of the United States. Humphrey twice served as a United States Senator from Minnesota, and served as Democratic Majority Whip. He was a founder of the Minnesota Democratic-Farmer-Labor Party and Americans for Democratic Action. He also served as (D-MN), and Mike Mansfield (D-MT) introduced a substitute bill that they hoped would attract enough Republican swing votes to end the filibuster. The compromise bill was weaker than the House version in regard to government power to regulate the conduct of private business, but it was not so weak as to cause the House to reconsider the legislation.[7]

On the morning of June 10, 1964, Senator Robert Byrd Robert Carlyle Byrd is the senior United States Senator from West Virginia, and a member and former Senate Leader of the Democratic Party. Byrd has been a Senator since January 3, 1959 and is the longest-serving member in the Senate's history; he has been the Dean of the Senate since 2003. He is also the oldest current member of the United States (D-W.Va.) completed an address that he had begun 14 hours and 13 minutes earlier opposing the legislation. Until then, the measure had occupied the Senate for 57 working days, including six Saturdays. A day earlier, Democratic Whip Hubert Humphrey of Minnesota, the bill's manager, concluded he had the 67 votes required at that time to end the debate and end the filibuster. With six wavering senators providing a four-vote victory margin, the final tally stood at 71 to 29. Never in history had the Senate been able to muster enough votes to cut off a filibuster on a civil rights bill. And only once in the 37 years since 1927 had it agreed to cloture for any measure.[8]

Key to the passage of the Civil Rights Act were not just the congressional maneuvers, but also the public pressure, which was fed by a campaign led by Dr. Robert Hayling and Dr. Martin Luther King Martin Luther King, Jr. was an American clergyman, activist, and prominent leader in the African American civil rights movement. His main legacy is securing progress on civil rights in the United States. Because of this work, he has become a human rights icon. For example, Dr. King is even recognized as a martyr by two Christian churches. A in St. Augustine, Florida St. Augustine is a city in Florida and the county seat of St. Johns County, Florida, United States. Founded in 1565, it is the oldest continuously occupied European established city, and the oldest port, in the continental United States. St. Augustine lies in a region of Florida known as The First Coast, which extends from Amelia Island in the--the "nation's oldest city"--in the Spring and summer of 1964. The graphic incidents in St. Augustine, including the arrest of Dr. King at a segregated restaurant, the largest mass arrest of rabbis in American history, the arrest of the 72-year-old mother of the governor of Massachusetts, wade-ins at St. Augustine Beach, many brutal beatings, and the pouring of acid in a motel pool when an integrated group was swimming there, demonstrated for the American people the need to pass the law.

"Remarks upon Signing the Civil Rights Act of 1964" Public statement by Lyndon B. Johnson Lyndon Baines Johnson , often referred to as LBJ, served as the 36th President of the United States from 1963 to 1969 after his service as the 37th Vice President of the United States from 1961 to 1963. He served in all four federal elected offices of the United States: Representative, Senator, Vice President and President of July 2, 1964 about the Civil Rights Act of 1964.
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Ultimately, on June 19, the substitute (compromise) bill passed the Senate by a vote of 73-27, and quickly passed through the House-Senate conference committee, which adopted the Senate version of the bill. The conference bill was passed by both houses of Congress, and was signed into law by President Johnson on July 2, 1964. Legend has it that as he put down his pen Johnson told an aide, referring to the Democratic Party The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's modern liberal platform is largely considered center-left in the U.S. political spectrum. It is one of the world's oldest political parties and boasts the lengthiest record of continuous operation in the United, "We have lost the South for a generation."[9]

Vote totals

Totals are in "Yea-Nay" format:

By party

The original House version:[10]

Cloture in the Senate:[11]

The Senate version:[10]

The Senate version, voted on by the House:[10]

By party and region

Note: "Southern", as used in this section, refers to members of Congress from the eleven states that made up the Confederate States of America The Confederate States of America was the government set up from 1861 to 1865 by eleven southern slave states of the United States of America that had declared their secession from the U.S. The CSA's de facto control over its claimed territory varied during the course of the American Civil War, depending on the success of its military in battle in the American Civil War Union blockade – Eastern – Western – Lower Seaboard – Trans-Mississippi – Pacific Coast. "Northern" refers to members from the other 39 states, regardless of the geographic location of those states.

The original House version:

The Senate version:

Women's rights

House Rules Committee The Committee on Rules, or Rules Committee, is a committee of the United States House of Representatives. Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor. As such, it is one of the most powerful committees, and often clerk's record of markup session adding "sex" to bill.

Just one year prior, the same congress had passed the Equal Pay Act of 1963 The Equal Pay Act of 1963 is a United States federal law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10,1963 by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress denounces sex discrimination for the following reasons:, which prohibited wage differentials based on sex.

The prohibition on sex discrimination was added by Howard W. Smith, a powerful Virginian Democrat who chaired the House Rules Committee and who had strongly opposed the Civil Rights Act. Smith's amendment was passed by a teller vote of 168 to 133. Historians debate Smith's motivation--was it a cynical attempt to defeat the bill by someone opposed to both civil rights for blacks and women, or did he support women's rights and was attempting to improve the bill by broadening it to include women?[12][13][14][15] Smith expected that Republicans, who had included equal rights for women in their party's platform since 1944, would probably vote for the amendment. Historians speculate that Smith was trying to embarrass northern Democrats who opposed civil rights for women because the clause was opposed by labor unions. Representative Carl Elliott of Alabama later claimed, "Smith didn't give a damn about women's rights...he was trying to knock off votes either then or down the line because there was always a hard core of men who didn't favor women's rights,"[16] and the Congressional Record The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published by the United States Government Printing Office, and is issued daily when the United States Congress is in session. Indexes are issued approximately every two weeks. At the end of a session of Congress, the daily editions records that Smith was greeted by laughter when he introduced the amendment.[17]

Smith was not joking: he asserted that he sincerely supported the amendment and, indeed, along with Rep. Martha Griffiths,[18] he was the chief spokesperson for the amendment.[17] For twenty years Smith had sponsored the Equal Rights Amendment --with no linkage to racial issues--in the House because he believed in it. He for decades had been close to the National Woman's Party and its leader Alice Paul, one of the leaders in winning the vote for women back in 1920 and the chief supporter of equal rights proposals since then. She and other feminists had worked with Smith since 1945 trying to find a way to include sex as a protected civil rights category. Now was the moment.[19] Griffith argued that the new law would protect black women but not white women, and that was unfair to white women. Furthermore, she argued that the laws "protecting" women from unpleasant jobs were actually designed to enable men to monopolize those jobs, and that was unfair to women who were not allowed to try out for those jobs.[20] The amendment passed with the votes of Republicans and Southern Democrats. The final law passed with the votes of Republicans and Northern Democrats. Thus, as Justice William Rehnquist explained in Meritor Savings Bank v. Vinson, “The prohibition against discrimination based on sex was added to Title VII at the last minute on the floor of the House of Representatives...the bill quickly passed as amended, and we are left with little legislative history to guide us in interpreting the Act’s prohibition against discrimination based on ‘sex.’” [21]

Desegregation

One of the most "damaging" arguments by the bill's opponents was that once passed, the bill would require forced busing to achieve certain racial quotas in schools.[22] Proponents of the bill, such as Emanuel Celler and Jacob Javits, said that the bill would not authorize such measures. Leading sponsor Hubert Humphrey wrote two amendments specifically designed to outlaw busing.[22] Humphrey said "if the bill were to compel it, it would be a violation [of the Constitution], because it would be handling the matter on the basis of race and we would be transporting children because of race."[22] While Javits said any government official who sought to use the bill for busing purposes "would be making a fool of himself," two years later the Department of Health, Education and Welfare said that Southern school districts would be required to meet mathematical ratios of students by busing.[22]

Political repercussions

See also: Political realignment President Johnson speaks to a television camera at the signing of the Civil Rights Act.

The bill divided and engendered a long-term change in the demographics of both parties. President Johnson realized that supporting this bill would risk losing the South's overwhelming support of the Democratic Party. Both Attorney General Robert Kennedy and Vice President Johnson had pushed for the introduction of the civil rights legislation. Johnson told Kennedy aide Ted Sorensen that "I know the risks are great and we might lose the South, but those sorts of states may be lost anyway."[23] Senator Richard Russell, Jr. warned President Johnson that his strong support for the civil rights bill "will not only cost you the South, it will cost you the election."[24] Johnson, however, went on to win the 1964 election by one of the biggest landslides in American history. The South, which had started to vote increasingly Republican beginning in the 1930s, continued that trend and became majority Republican in the 1990s.[25]. Political scientists Richard Johnston and Byron Schafer have argued that this development was based more on economics than on race.[26]

Although majorities in both parties voted for the bill, there were notable exceptions. Republican senator Barry Goldwater of Arizona voted against the bill, remarking, "You can't legislate morality." Goldwater had supported previous attempts to pass Civil Rights legislation in 1957 and 1960 as well as the 24th Amendment outlawing the poll tax. The reason for his opposition to the 1964 bill was Title II, which he viewed as a violation of individual liberty. Most Democrats from the Southern states opposed the bill, including Senators Albert Gore, Sr. (D-TN), J. William Fulbright (D-AR), and Robert Byrd (D-WV).

Major features of the Civil Rights Act of 1964

(The full text of the Act is available online.)

Title I

Barred unequal application of voter registration requirements.

"It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited."'

Title I did not eliminate literacy tests, which were one of the main methods used to exclude Black voters, other racial minorities, and poor Whites in the South, nor did it address economic retaliation, police repression, or physical violence against nonwhite voters. While the Act did require that voting rules and procedures be applied equally to all races, it failed to challenge the fundamental concept of voter "qualification." That is, it accepted the idea that citizens do not have an automatic right to vote but rather might have to meet some standard beyond citizenship.[27][28]

Title II

Outlawed discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private."

Title III

Prohibited state and municipal governments from denying access to public facilities on grounds of race, religion, gender, or ethnicity.

Title IV

Encouraged the desegregation of public schools and authorized the U.S. Attorney General to file suits to enforce said act.

Title V

Expanded the Civil Rights Commission established by the earlier Civil Rights Act of 1957 with additional powers, rules and procedures.

Title VI

Prevents discrimination by government agencies that receive federal funding. If an agency is found in violation of Title VI, that agency can lose its federal funding.

General

This title declares it to be the policy of the United States that discrimination on the ground of race, color, or national origin shall not occur in connection with programs and activities receiving Federal financial assistance and authorizes and directs the appropriate Federal departments and agencies to take action to carry out this policy. This title is not intended to apply to foreign assistance programs. Section 601 – This section states the general principle that no person in the United States shall be excluded from participation in or otherwise discriminated against on the ground of race, color, or national origin under any program or activity receiving Federal financial assistance.

Section 602 directs each Federal agency administering a program of Federal financial assistance by way of grant, contract, or loan to take action pursuant to rule, regulation, or order of general applicability to effectuate the principle of section 601 in a manner consistent with the achievement of the objectives of the statute authorizing the assistance. In seeking the effect compliance with its requirements imposed under this section, an agency is authorized to terminate or to refuse to grant or to continue assistance under a program to any recipient as to whom there has been an express finding pursuant to a hearing of a failure to comply with the requirements under that program, and it may also employ any other means authorized by law. However, each agency is directed first to seek compliance with its requirements by voluntary means.

Section 603 provides that any agency action taken pursuant to section 602 shall be subject to such judicial review as would be available for similar actions by that agency on other grounds. Where the agency action consists of terminating or refusing to grant or to continue financial assistance because of a finding of a failure of the recipient to comply with the agency's requirements imposed under section 602, and the agency action would not otherwise be subject to judicial review under existing law, judicial review shall nevertheless be available to any person aggrieved as provided in section 10 of the Administrative Procedure Act (5 USC 1009). The section also states explicitly that in the latter situation such agency action shall not be deemed committed to unreviewable agency discretion within the meaning of section 10. The purpose of this provision is to obviate the possible argument that although section 603 provides for review in accordance with section 10, section 10 itself has an exception for action "committed to agency discretion," which might otherwise be carried over into section 603. It is not the purpose of this provision of section 603, however, otherwise to alter the scope of judicial review as presently provided in section 10(e) of the Administrative Procedure Act.

Title VII

Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin (see 42 U.S.C. § 2000e-2[29]). Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. An employer cannot discriminate against a person because of his interracial association with another, such as by an interracial marriage.[30]

In very narrow defined situations an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. To prove the Bona Fide Occupational Qualifications defense, an employer must prove three elements: a direct relationship between sex and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business," and there is no less-restrictive or reasonable alternative (United Automobile Workers v. Johnson Controls, Inc., 499 U.S. 187 (1991) 111 S.Ct. 1196). The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on sex (Dothard v. Rawlinson, 433 U.S. 321 (1977) 97 S.Ct. 2720). An employer or customer's preference for an individual of a particular religion is not sufficient to establish a Bona Fide Occupational Qualification (Equal Employment Opportunity Commission v. Kamehameha School — Bishop Estate, 990 F.2d 458 (9th Cir. 1993)).

Title VII allows for any employer, labor organization, joint labor-management committee, or employment agency to bypass the "unlawful employment practice" for any person involved with the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.[31]

There are partial and whole exceptions to Title VII for four types of employers:

The Equal Employment Opportunity Commission (EEOC) as well as certain state fair employment practices agencies (FEPAs) enforce Title VII (see 42 U.S.C. § 2000e-4[29]). The EEOC and state FEPAs investigate, mediate, and may file lawsuits on behalf of employees. Every state, except Arkansas and Alabama maintains a state FEPA (see EEOC and state FEPA directory ). Title VII also provides that an individual can bring a private lawsuit. An individual must file a complaint of discrimination with the EEOC within 180 days of learning of the discrimination or the individual may lose the right to file a lawsuit. Title VII only applies to employers who employ 15 or more employees for 20 or more weeks in the current or preceding calendar year.

In the late 1970s courts began holding that sexual harassment is also prohibited under the Act. Chrapliwy v. Uniroyal is a notable Title VII case relating to sexual harassment that was decided in favor of the plaintiffs. In 1986 the Supreme Court held in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), that sexual harassment is sex discrimination and is prohibited by Title VII. Same-sex sexual harassment has also been held in a unanimous decision written by Justice Scalia to be prohibited by Title VII (Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), 118 S.Ct. 998). Title VII has been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (See Pregnancy Discrimination Act of 1978, Age Discrimination in Employment Act,[32] Americans with Disabilities Act of 1990).

Title VIII

Required compilation of voter-registration and voting data in geographic areas specified by the Commission on Civil Rights.

Title IX

Made it easier to move civil rights cases from state courts with segregationist judges and all-white juries to federal court. This was of crucial importance to civil rights activists who could not get a fair trial in state courts.

Title X

Established the Community Relations Service, tasked with assisting in community disputes involving claims of discrimination.

Subsequent history

In a 1971 Supreme Court case regarding the gender provisions of the Act, the Court ruled that a company could not discriminate against a potential female employee because she had a preschool-age child unless they did the same with potential male employees.[15] A federal court overruled an Ohio state law that barred women from obtaining jobs which required the ability to lift 25 pounds and required women to take lunch breaks when men were not required to.[15] A Pennsylvania state court decided that printing separate job listings for men and women was illegal, which ended that practice among the country's newspapers.[15] The United States Civil Service Commission ended the practice among federal jobs which designated them "women only" or "men only."[15]

In 1974, the Supreme Court also ruled that the San Francisco school district was violating non-English speaking students' rights under the 1964 act by placing them in regular classes rather than providing some sort of accommodation for them.[33]

In 1975, a federal civil rights agency warned a Phoenix, Arizona school that its end-of-year father-son and mother-daughter baseball games were illegal according to the 1964 Civil Rights Act.[15] President Gerald Ford intervened, and the games were allowed to continue.[15]

In 1977, the Supreme Court struck down state minimum height requirements for police officers as violating the Act; women usually could not meet these requirements.[15]

See also

Cases

References

  1. ^ "Transcript from the JFK library". the JFK library.. 1963-06-11. http://www.jfklibrary.org/Historical+Resources/Archives/Reference+Desk/Speeches/JFK/003POF03CivilRights06111963.htm. Retrieved 2010-06-06.
  2. ^ Civil Rights Act Passes in the House ~ Civil Rights Movement Veterans
  3. ^ Cone, James H. (1991). Martin & Malcolm & America: A Dream or a Nightmare. Maryknoll, N.Y.: Orbis Books. p. 2. ISBN 0-88344-721-5. "After nearly eight years of verbal sparring through the media, two great African-American leaders, Martin Luther King, Jr., and Malcolm X, finally met for the first and only time in Washington, D.C., 26 March 1964. ... There was no time for substantive discussions between the two. They were photographed greeting each other warmly, smiling and shaking hands."
  4. ^ "Major Features of the Civil Rights Act of 1964". Congresslink.org. http://www.congresslink.org/print_basics_histmats_civilrights64text.htm. Retrieved 2010-06-06.
  5. ^ "Civil Rights Act of 1964". Spartacus.schoolnet.co.uk. http://www.spartacus.schoolnet.co.uk/USAcivil64.htm. Retrieved 2010-06-06.
  6. ^ - 1963 Year In Review - Part 1 Civil Rights Bill - http://www.upi.com/Audio/Year_in_Review/Events-of-1963/Civil-Rights-Bill/12295509434394-8/ -
  7. ^ Civil Rights Act — Battle in the Senate ~ Civil Rights Movement Veterans
  8. ^ Civil Rights Filibuster Ended - United States Senate
  9. ^ Risen, Clay (2006-03-05). "How the South was won". The Boston Globe. http://www.boston.com/news/globe/ideas/articles/2006/03/05/how_the_south_was_won/. Retrieved 2007-02-11.
  10. ^ a b c King, Desmond (1995). Separate and Unequal: Black Americans and the US Federal Government. p. 311.
  11. ^ [|Jeong, Gyung-Ho]; Gary J. Miller, Itai Sened (2009-03-14). "Closing The Deal: Negotiating Civil Rights Legislation". 67th Annual Conference of the Midwest Political Science Association. p. 29. http://polisci.wustl.edu/media/faculty/MidwestJMS.pdf. Retrieved 2009-11-04.
  12. ^ Freeman, Jo. "How 'Sex' Got Into Title VII: Persistent Opportunism as a Maker of Public Policy," Law and Inequality: A Journal of Theory and Practice, Vol. 9, No. 2, March 1991, pp. 163-184. online version
  13. ^ Rosalind Rosenberg, Divided Lives: American Women in the Twentieth Century‎ (2008) p. 187-88
  14. ^ Ted Gittinger and Allen Fisher, LBJ Champions the Civil Rights Act of 1964, Part 2, Prologue Magazine, The National Archives, Summer 2004, Vol. 36, No. 2 ("Certainly Smith hoped that such a divisive issue would torpedo the civil rights bill, if not in the House, then in the Senate.")
  15. ^ a b c d e f g h Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. pp. 245–246, 249. ISBN 0465041957.
  16. ^ Dierenfield , Bruce J. "Conservative Outrage: the Defeat in 1966 of Representative Howard W. Smith of Virginia." Virginia Magazine of History and Biography 1981 89 (2): p 194
  17. ^ a b Gold, Michael Evan. A Tale of Two Amendments: The Reasons Congress Added Sex to Title VII and Their Implication for the Issue of Comparable Worth. Faculty Publications — Collective Bargaining, Labor Law, and Labor History. Cornell, 1981 [1]
  18. ^ Lynne Olson, Freedom's daughters: the unsung heroines of the civil rights movement (2001) p 360
  19. ^ Rosalind Rosenberg, Divided Lives: American Women in the Twentieth Century‎ (2008) p. 187 notes that Smith had been working for years with two Virginia feminists on the issue.
  20. ^ Cynthia Harrison, On account of sex: the politics of women's issues, 1945-1968 (1989) p. 179
  21. ^ (477 U.S. 57, 63-64)
  22. ^ a b c d Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. pp. 251–252. ISBN 0465041957.
  23. ^ Nick Kotz, Judgment Days: Lyndon Baines Johnson, Martin Luther King, Jr., and the Laws that Changed America (New York: Houghton Mifflin Company, 2005), 61.
  24. ^ Taylor Branch, Pillar of Fire, (1998), 187.
  25. ^ Brownstein, Ronald (May 23, 2009). "For GOP, A Southern Exposure". National Journal. http://www.nationaljournal.com/njmagazine/cs_20090523_2195.php. Retrieved July 7, 2010.
  26. ^ Richard Johnston and Byron Shafer, The End of Southern Exceptionalism, (Harvard, 2006).
  27. ^ Voting Rights ~ Civil Rights Movement Veterans
  28. ^ "Major Features of the Civil Rights Act of 1964". CongressLink. The Dirksen Congressional Center. http://www.congresslink.org/print_basics_histmats_civilrights64text.htm. Retrieved March 14, 2010.
  29. ^ a b "Civil Rights Act of 1964 - CRA - Title VII - Equal Employment Opportunities - 42 US Code Chapter 21". finduslaw. http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21. Retrieved 2010-06-06.
  30. ^ Parr v. Woodmen of the World Life Insurance Company, 791 F.2d 888 (11th Cir. 1986).
  31. ^ http://www.archives.gov/education/lessons/civil-rights-act/images/act-06.jpg
  32. ^ "Age Discrimination in Employment Act of 1967". Finduslaw.com. http://finduslaw.com/age_discrimination_in_employment_act_of_1967_adea_29_u_s_code_chapter_14. Retrieved 2010-06-06.
  33. ^ Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. p. 270. ISBN 0465041957.

Further reading

External links

African-American Civil Rights Movement
Topics and events (timeline) Albany Movement · Birmingham campaign · Black Power · Brown v. Board of Education · Brown Chapel A.M.E. Church · Chicago Open Housing Movement · Civil Rights Act of 1964 · Civil Rights Act of 1968 · Dexter Avenue Baptist Church · Emmett Till · Freedom Riders · Mississippi Freedom Summer · Greensboro sit-ins · Greyhound Bus Station (Montgomery, Alabama) · Harper v. Virginia Board of Elections · Little Rock Nine · March on Washington · Mississippi Freedom Democratic Party · Montgomery Bus Boycott · Nashville sit-ins · Poor People's Campaign · Selma Voting Rights Movement · 1963 16th Street Baptist Church bombing · Twenty-fourth Amendment · Voting Rights Act of 1965
Activists Ralph Abernathy · Victoria Gray Adams · Ella Baker · James Bevel · Unita Blackwell · Julian Bond · Stokely Carmichael · J.L. Chestnut · Shirley Chisholm · Dorothy Cotton · Claudette Colvin · Vernon Dahmer · Annie Devine · Medgar Evers · Chuck Fager · James Farmer · James Forman · Marie Foster · Prathia Hall · Fannie Lou Hamer · Dorothy Height · Lola Hendricks · Aaron Henry · Myles Horton · T. R. M. Howard · Jesse Jackson · Jimmie Lee Jackson · T.J. Jemison · Judge Frank Johnson · Matthew Jones · Clyde Kennard · A.D. King · Coretta Scott King · Martin Luther King, Jr. · Bernard Lafayette · James Lawson · Bernard Lee · John Lewis · Viola Liuzzo · Z. Alexander Looby · Joseph Lowery · Clara Luper · Malcolm X · Thurgood Marshall · James Meredith · Amzie Moore · Bob Moses · William Moyer · Diane Nash · E. D. Nixon · James Orange · James Peck · Rosa Parks · Adam Clayton Powell, Jr. · Al Raby · A. Philip Randolph · Amelia Boynton Robinson · Bayard Rustin · Charles Sherrod · Fred Shuttlesworth · Modjeska Monteith Simkins · Kelly Miller Smith · Charles Kenzie Steele · C. T. Vivian · Wyatt Tee Walker · Roy Wilkins · Hosea Williams · Judge John Minor Wisdom · Andrew Young · Whitney Young
Activist groups Alabama Christian Movement for Human Rights (ACMHR) · Congress of Racial Equality (CORE) · Highlander Folk School · Leadership Conference on Civil Rights · Montgomery Improvement Association · National Association for the Advancement of Colored People (NAACP) · NAACP Youth Council · National Council of Negro Women · National Urban League · Operation Breadbasket · Regional Council of Negro Leadership · Southern Christian Leadership Conference (SCLC) · Student Nonviolent Coordinating Committee (SNCC) · Women's Political Council
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Categories: 1964 in law | African American history | Great Society programs | Civil rights movement during the Lyndon B. Johnson Administration | Discrimination law in the United States | United States federal civil rights legislation | United States federal criminal legislation | Employment law | Anti-racism | History of the United States (1945–1964) | 88th United States Congress

 

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A. President Lyndon B. Johnson signs the Civil Rights Act, which outlaws segregation in all public places, requires employers to provide equal opportunity for those of all races, and threatens to pull federal funding from any projects that discriminate based on color, race, ethnicity, or gender. From Shmoop
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