Civil Rights Act of 1964
From Open Encyclopedia
| Civil Rights Act of 1964 | |
| 88th United States Congress Image:Uscongress.gif | |
| Long title: | To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. |
| Introduced by: | Michael J. Mansfield |
| Dates | |
| Date passed: | February 10, 1964 (U.S. House of Representatives) July 2, 1964 (U.S. Senate) |
| Date signed into law: | July 2, 1964 |
| Amendments: | |
| Related legislation: | Civil Rights Act of 1968 |
The Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241 (July 2, 1964), (CRA '64) in the United States was landmark legislation outlawing discrimination based on race, color, religion, sex, or national origin. Originally conceived to protect the rights of black men, the bill was amended prior to passage to also protect the civil rights of women. Howard W. Smith, the powerful Virginian who chaired the House Rules Committee, opposed civil rights laws for blacks, but he supported them for women. He had long been close to Alice Paul, one of the leaders of the suffrage movement in the 1910s and 1920s, and at her urging included gender as a protected category. Black leaders did not want the amendment but were powerless to stop it, and as a result a major advance for women's rights was achieved.
The CRA of 1964 transformed American society. It prohibited discrimination in public facilities, in government, and in employment. This simple statement understates the large shift in American society that occurred as a result. The Jim Crow laws in the South were abolished, and it was illegal to compel segregation of the races in schools, housing, or hiring. Although initially enforcement powers were weak, they grew over the years, and such later programs as affirmative action were made possible by the Civil Rights Act.
Contents |
Legislative history
The Bill, written by Robert Nickerson, was promised by President John F. Kennedy in his historic civil rights speech of June 11 1963,[{{fullurl:}}#endnote_JFKspeech] in which he asked for legislation that would provide "the kind of equality of treatment which we would want for ourselves." He then sent the bill to Congress on June 19,[{{fullurl:}}#endnote_congresslink],[{{fullurl:}}#endnote_MLKspeech] when it was introduced in Congress by Senate Democratic leader Michael J. Mansfield. JFK was unable to bring about much progress but when he was assassinated November 22 1963,[{{fullurl:}}#endnote_Abbeville] the new President Lyndon Johnson decided to
use his power in Congress to pass it.[{{fullurl:}}#endnote_PresidencyBloevy] After Dixiecrats led an 83 day filibuster against the bill, with WV senator and former Grand Kleagle of the KKK Robert Byrd speaking for more than 14 straight hours, both parties voted overwhelmingly in favor of the Act, enabling its passage. President Johnson signed the bill into law on July 2, 1964.[{{fullurl:}}#endnote_backgrounder]
Political Repercussions
- "We have lost the South for a generation." — Lyndon Johnson, to an aide, immediately after signing the Civil Rights Act
The bill divided and engendered a long-term change in the demographics of both political parties. President Johnson realized that supporting this bill would mean losing the South's overwhelming support of the Democratic Party. Although large majorities of 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". Other notable exceptions were Tennessee senator Albert Gore Sr. and Arkansas senator J. William Fulbright. Goldwater went on to secure his party's nomination for the presidency, and in the ensuing election, Goldwater won only his home state of Arizona and five of the Deep South states -- four of which had not voted Republican since the disputed presidential election of 1876. This marked the end of the Solid South.
Vote statistics
Vote totals:
- The Original House Version: 290-130
- The Senate Version: 73-27
- The Senate Version, as voted on by the House: 289-126
By Party: The Original House Version:
- Democratic Party: 153-96
- Republican Party: 138-34
The Senate Version:
- Democratic Party: 46-22
- Republican Party: 27-6
The Senate Version, voted on by the House:
- Democratic Party: 153-91
- Republican Party: 136-35
By Party and Region:
The Original House Version:
- Southern Democrats: 7-87
- Southern Republicans: 0-10
- Northern Democrats: 145-9
- Northern Republicans: 138-24
The Senate Version:
- Southern Democrats: 1-21
- Southern Republicans: 0-1
- Northern Democrats: 46-1
- Northern Republicans: 27-5
Major Features of the Civil Rights Act of 1964
(The full text of the Act is available online.)[{{fullurl:}}#endnote_fulltext]
Title I
Barred unequal application of voter registration requirements, but did not abolish literacy tests sometimes used to disqualify African Americans and poor white voters.
"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 II
Outlawed discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining "private," thereby allowing a loophole...
Title III
Encouraged the desegregation of public schools and authorized the U. S. Attorney General to file suits to force desegregation, but did not authorize busing as a means to overcome segregation based on residence.
Title VI
Guaranteed equal protection for blacks in federally funded programs by prohibiting discrimination on the basis of race, color, or national origin in programs and activities that receive "federal financial assistance." Also promises protection to those facing undue harassment in public places such as university campuses.
Title VII
Title VII of the Act, codified as Subchapter VI of Chapter 21 of Title 42 of the United States Code, 42 U.S.C. § 2000e et seq., outlaws discrimination in employment in any business on the basis of race, color, religion, sex or national origin (see 42 U.S.C. § 2000e-2). Title VII also prohibits retaliation against employees who oppose such unlawful discrimination. The Equal Employment Opportunity Commission (EEOC) enforces Title VII (see 42 U.S.C. § 2000e-4). The EEOC investigates, mediates, and sometimes files lawsuits on behalf of employees. 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 more than 19 weeks in the current or preceding calendar year.
In the late 1970s courts began holding that sexual harassment is also prohibited under the Act. 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. Title VII has been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (See Americans with Disabilities Act of 1990).
Footnotes
- ^ Transcript from the JFK library.
- ^ Civil Rights bill.
- ^ MLK's famous speech, plus background including Civil Rights bill.
- ^ 1963 March on Washington, civil rights including JFK death date.
- ^ Presidency book excerpt, the legislative history of this bill as it became an Act.
- ^ Background facts including enactment date.
- ^ Full text of act.
