Civil Rights Act of 1968

The Civil Rights Act of 1968, (Pub.L. 90–284, 82 Stat. 73, enacted April 11, 1968), is a landmark law in the United States signed into law during the King assassination riots by President Lyndon B. Johnson.

Titles II through VII comprise the Indian Civil Rights Act, which applies to the Native American tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes[1] (that Act appears today in Title 25, sections 1301 to 1303 of the United States Code).

Titles VIII through IX are commonly known as the Fair Housing Act and was meant as a follow‑up to the Civil Rights Act of 1964. While the Civil Rights Act of 1866 prohibited discrimination in housing, there were no federal enforcement provisions.[2] The 1968 act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, and since 1974, gender; since 1988, the act protects people with disabilities and families with children. Victims of discrimination may use both the 1968 act and the 1866 act via section 1983[3] to seek redress. The 1968 act provides for federal solutions while the 1866 act provides for private solutions (i.e., civil suits). The act also made it a federal crime to "by force or by threat of force, injure, intimidate, or interfere with anyone … by reason of their race, color, religion, or national origin, handicap or familial status."[4]

Title X makes it a felony to "travel in interstate commerce...with the intent to incite, promote, encourage, participate in and carry on a riot". This provision has been criticized for "equating organized political protest with organized violence".[5]

Civil Rights Act of 1968
Great Seal of the United States (obverse)
Long titleAn Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes.
Nicknames
  • Indian Civil Rights Act
  • Indian Bill of Rights
  • Fair Housing Act
  • Open Housing Act
  • Housing Rights Act
Enacted bythe 90th United States Congress
EffectiveApril 11, 1968
Citations
Public law90-284
Statutes at Large82 Stat. 73
Codification
Titles amended
Legislative history
  • Introduced in the House as H.R. 2516 by Emanuel Celler (DNY) on January 17, 1967
  • Committee consideration by Judiciary
  • Passed the House on August 16, 1967 (327–93)
  • Passed the Senate on March 11, 1968 (71–20) with amendment
  • House agreed to Senate amendment on April 10, 1968 (250–172)
  • Signed into law by President Lyndon B. Johnson on April 11, 1968
Major amendments
United States Supreme Court cases
Lbjsigningbill
President Johnson signing the Civil Rights Act of 1968

Background

The Civil Rights Act of 1866 declared all people born in the United States are legally citizens. This means they could rent, hold, sell and buy property. This law was meant to help former slaves, and those who refused to grant these new rights to slaves were guilty and punishable under law. The penalty was a fine of $1000 or a maximum of one year in jail. The 1866 act provided no means to enforce the provisions.

Another impetus for the law's passage came from the 1966 Chicago Open Housing Movement. Also influential was the 1963 Rumford Fair Housing Act in California, which had been backed by the NAACP and CORE.[6][7] and the 1967 Milwaukee fair housing campaigns led by James Groppi and the NAACP Youth Council.[8] Senator Walter Mondale advocated for the bill in Congress, but noted that over successive years, a federal fair housing bill was the most filibustered legislation in US history.[9] It was opposed by most Northern and Southern senators, as well as the National Association of Real Estate Boards.[6] A proposed "Civil Rights Act of 1966" collapsed completely because of its fair housing provision. Mondale commented that:

A lot of [previous] civil rights [legislation] was about making the South behave and taking the teeth from George Wallace...This came right to the neighborhoods across the country. This was civil rights getting personal.:[9]

Two developments revived the bill.[9] The Kerner Commission report on the 1967 ghetto riots strongly recommended "a comprehensive and enforceable federal open housing law",[10][11] and was cited regularly by Congress members arguing for the legislation.[12] The final breakthrough came with the April 4, 1968 assassination of Martin Luther King, Jr., and the civil unrest across the country following King's death.[13][14] On April 5, Johnson wrote a letter to the United States House of Representatives urging passage of the Fair Housing Act.[15] The Rules Committee, "jolted by the repeated civil disturbances virtually outside its door," finally ended its hearings on April 8.[16] With newly urgent attention from legislative director Joseph Califano and Democratic Speaker of the House John McCormack, the bill (which was previously stalled) passed the House by a wide margin on April 10.[13][17]

History

Bill H.R. 2516 was passed by the 90th United States Congress and signed by the 36th President of the United States Lyndon Johnson on April 11, 1968.[18]

Parts

Title I: Prosecution of hate crimes

The Civil Rights Act of 1968 also enacted 18 U.S.C. § 245(b)(2), which permits federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin"[19] because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.

Persons violating this law face a fine or imprisonment of up to one year, or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the death penalty.[20]

Though sexual orientation and gender identity are also excluded from this law, they are included in a more recent Federal hate-crime law, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

Title VIII–IX: Fair Housing Act

Housing discrimination

Title VIII of the Civil Rights Act of 1968 is commonly referred to as the Fair Housing Act of 1968. Later, the disabled and families with children were added to this list.[21] The Office of Fair Housing and Equal Opportunity within the U.S. Department of Housing and Urban Development is charged with administering and enforcing this law.

Types of banned discrimination

The Civil Rights Act of 1968 prohibited the following forms of housing discrimination:

  • Refusal to sell or rent a dwelling to any person because of his/her race, color, religion or national origin. People with disabilities and families with children were added to the list of protected classes by the Fair Housing Amendments Act of 1988; gender was added in 1974 (see below).
  • Discrimination against a person in the terms, conditions or privilege of the sale or rental of a dwelling.
  • Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin (amended by Congress as part of the Housing and Community Development Act of 1974 to include sex[21] and, as of 1988, people with disabilities and families with children.)
  • Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of [fair housing] rights.

Types of allowed discrimination

Lawful discrimination

Only certain kinds of discrimination are covered by fair housing laws. Landlords are not required by law to rent to any tenant who applies for a property. Landlords can select tenants based on objective business criteria, such as the applicant's ability to pay the rent and take care of the property. Landlords can lawfully discriminate against tenants with bad credit histories or low incomes, and (except in some areas) do not have to rent to tenants who will be receiving Section 8 vouchers. Landlords must be consistent in the screening, treat tenants who are inside and outside the protected classes in the same manner, and should document any legitimate business reason for not renting to a prospective tenant. As of 2010, no federal protection against discrimination based on sexual orientation or gender identity is provided, but these protections do exist in some localities.

The United States Department of Housing and Urban Development has stated that buyers and renters may discriminate and may request real estate agents representing them to limit home searches to parameters that are discriminatory.[22] The primary purpose of the Fair Housing Act is to protect the buyer's (and renter's) right to seek a dwelling anywhere they choose. It protects the buyer's right to discriminate by prohibiting certain discriminatory acts by sellers, landlords, and real estate agents.

Sexual orientation and gender identity

Sexual orientation and gender identity are not protected under the Fair Housing Act; federal law in general does not protect gays and lesbians or other sexual minorities (transgender or transsexual) against discrimination in private housing. There are twenty two states that have passed laws prohibiting discrimination in housing based on sexual orientation and gender identity. The states that have passed fair housing laws in regards to both sexual orientation and gender identity are: California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Puerto Rico, Rhode Island, Utah, Vermont and Washington State. In addition to the states above, the following three states prohibit discrimination in housing based on sexual orientation only: New Hampshire, New York and Wisconsin.[23] Additionally, Austin, Texas has passed a law making discrimination based on sexual orientation illegal.[24]

In 2012, the United States Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity issued a regulation to prohibit LGBT discrimination in federally assisted housing programs. The new regulations ensure that the Department's core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity.

Title X: Civil disorders

Titles

Title II—rights of Indians

The Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the federally recognized tribes.[25] The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.

Events before passage of ICRA

The US Supreme Court had made clear that tribal internal affairs concerning tribal members' individual rights were not covered by the Fifth Amendment to the US constitution. However, the tribes were ultimately subjected to the power of Congress and the Constitution.[26] The court case Talton v. Mayes helped establish the principles. There were other court cases over the following years to continue the thoughts "that tribes were not arms of the federal government when punishing tribal members for criminal acts and that Indian tribes were exempt from many of the constitutional protections governing the actions of state and federal governments".[26]

Later, in the 1960s, Congress held a series of hearings on the subject of the authority of tribal governments. These hearings told about the abuses that many tribal members had endured from the "sometimes corrupt, incompetent, or tyrannical tribal officials". In response, the Indian Civil Rights Act was enacted.[26]

Provisions of the Indian Civil Rights Act

No Indian tribe in exercising powers of self-government shall—

  1. make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
  2. violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
  3. subject any person for the same offense to be twice put in jeopardy;
  4. compel any person in any criminal case to be a witness against himself;
  5. take any private property for a public use without just compensation;
  6. deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;
  7. require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or both;
  8. deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
  9. pass any bill of attainder or ex post facto law; or
  10. deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.[27]

According to the US Government Publishing Office, in "imprisonment for a term of one year and a fine of $5,000, or both" in paragraph 7, "and" should probably be "or".[28]

The act also requires tribal courts to afford due process and other civil liberties. Also, Native American courts try to provide a setting similar to that of a US courtroom, which is familiar to lawyers.[29] That aided the attorneys, and it helped divert non-Indian ridicule and established the view that tribal courts were legitimate courts. Tribal courts adopted rules of evidence, pleading, and other requirements similar to those in state and federal courts.[29]

The ICRA incorporated many constitutional protections but it modified others or did not include them at all. "The law did not impose the establishment clause, the guarantee of a republican form of government, the requirement of a separation of church and state, the right to a jury trial in civil cases, or the right of indigents to appointed counsel in criminal cases."[26] The provisions were excluded because the government recognized the different political and cultural status of the tribes.

Even though the federal government respected their individuality in this respect, the establishment of the ICRA caused the tribal governments to "mirror" modern American courts and procedures.[26]

The impact of ICRA was greatly limited by the Supreme Court by the Santa Clara Pueblo v. Martinez court case (1978). Martinez involved a request to stop denying tribal membership to those children born to female (not male) tribal members who married outside of the tribe. The mother who brought the case pleaded that the discrimination against her child was solely based on sex, which violated the ICRA. The courts decided that "tribal common-law sovereign immunity prevented a suit against the tribe."[26] Martinez ultimately strengthened tribal self-determination by further proving that generally, the federal government played no enforcement role over the tribal governments.[30]

Title VIII—fair housing

The 1968 Fair Housing Act is a federal act in the United States intended to protect the buyer or renter of a dwelling from seller or landlord discrimination. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a protected class.[31] The goal is a unitary housing market in which a person's background (as opposed to financial resources) does not arbitrarily restrict access. Calls for open housing were issued early in the twentieth century, but it was not until after World War II that concerted efforts to achieve it were undertaken. The fair housing act played an important part in the civil rights movement causing people to see how they needed to give African Americans equal rights with things including fair housing.

The legislation was the culmination of a civil rights campaign against housing discrimination in the United States, including the 1966 Chicago open housing movement, and was approved by President Lyndon B. Johnson one week after the assassination of Martin Luther King, Jr.[32]

The Fair Housing Act was enacted as Title VIII of the Civil Rights Act of 1968, and codified at 42 U.S.C. 3601-3619, with penalties for violation at 42 U.S.C. 3631. It is enforced by the United States Department of Housing and Urban Development.[33]

Summary

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) introduced meaningful federal enforcement mechanisms. It outlaws:

  • Refusal to sell or rent a dwelling to any person because of race, color, disability, religion, sex, familial status, or national origin.
  • Discrimination based on race, color, religion, sex, disability, familial status, or national origin in the terms, conditions or privileges of sale or rental of a dwelling.
  • Advertising the sale or rental of a dwelling indicating preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, disability or national origin.
  • Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.

A guide to legal and illegal acts in selling one's home under the Act is available here:[34]

When the Fair Housing Act was first enacted, it prohibited discrimination only on the basis of race, color, religion, and national origin.[35] Sex was added as a protected characteristic in 1974.[36] In 1988, disability and familial status (the presence or anticipated presence of children under 18 in a household) were added (further codified in the Americans with Disabilities Act of 1990).[35] In certain circumstances, the law allows limited exceptions for discrimination based on sex, religion, or familial status.[37]

In 2017, a federal judge ruled that sexual orientation and gender identity are protected classes under the Fair Housing Act.[38][39] As of May 2018, there is an additional pending effort to amend the Fair Housing Act to make this explicit (HR 1447).[40] In a meeting on May 16, 2018 with the National Association of Realtors (NAR), Rep. Dana Rohrabacher (R-Calif.), who was campaigning for his 16th term, said he believed that homeowners should be allowed to refuse to sell their home to gay and lesbian homebuyers. The NAR disagreed and withdrew its endorsement of the Congressman over the matter.[41]

The United States Department of Housing and Urban Development is the federal executive department with the statutory authority to administer and enforce the Fair Housing Act. The Secretary of Housing and Urban Development has delegated fair housing enforcement and compliance activities to HUD's Office of Fair Housing and Equal Opportunity (FHEO) and HUD's Office of General Counsel. FHEO is one of the United States' largest federal civil rights agencies. It has a staff of more than 600 people located in 54 offices around the United States. As of August 2017, the head of FHEO is Assistant Secretary for Fair Housing and Equal Opportunity Anna Maria Farias, whose appointment was confirmed on August 3, 2017.[42]

Individuals who believe they have experienced housing discrimination can file a complaint with FHEO at no charge. FHEO funds and has working agreements with many state and local governmental agencies where "substantially equivalent" fair housing laws are in place. Under these agreements, FHEO refers complaints to the state or locality where the alleged incident occurred, and those agencies investigate and process the case instead of FHEO. This is known as FHEO's Fair Housing Assistance Program (or "FHAP").

There is also a network of private, non-profit fair housing advocacy organizations throughout the country. Some are funded by FHEO's Fair Housing Initiatives Program (or "FHIP"), and some operate with private donations or grants from other sources.

Victims of housing discrimination need not go through HUD or any other governmental agency to pursue their rights, however. The Fair Housing Act confers jurisdiction to hear cases on federal district courts. The United States Department of Justice also has jurisdiction to file cases on behalf of the United States where there is a pattern and practice of discrimination or where HUD has found discrimination in a case and either party elects to go to federal court instead of continuing in the HUD administrative process.

The Fair Housing Act applies to landlords renting or leasing space in their primary residence only if the residence contains living quarters occupied or intended to be occupied by three or more other families living independently of each other, such as an owner-occupied rooming house. Restrictions on discriminatory advertising do apply to all landlords without reservation.[43]

Enforcement

The Fair Housing Act has been strengthened since its adoption in 1968, but enforcement continues to be a concern among housing advocates. According to a 2010 evaluation of Analysis of Impediments (AI) reports done by the Government Accountability Office, enforcement is particularly inconsistent across local jurisdictions.[44]

Title X—civil obedience

Amendments

In 1988, Congress voted to weaken the ability of plaintiffs to prosecute cases of Housing discrimination. But the Fair Housing Act was also amended in 1988 to allow plaintiffs' attorneys to recover attorney's fees. Additionally, the 1988 amendment added people with disabilities and families with children to the classes covered by the Act.

Case law

In the early 1990s, in Trouillon v. City of Hawthorne, the NAACP Legal Defense and Educational Fund successfully challenged an urban renewal plan on the basis of race discrimination by bringing suit under the Fair Housing Act. Previous litigation under the Act had largely been limited to discrimination in buying or renting housing.

Although he ruled in favor of the plaintiffs, Judge Davis nevertheless disputed the allegations of discrimination. He said he based his ruling in part on the city's failure to prove that the area had a higher crime rate and lower property values than other parts of the city. The city "did not act in bad faith or fraudulently", Davis wrote. It "did not discriminate against any minority or low or moderate income person and did not violate any person's Due Process, Equal Protection or other Civil Rights".[45]

Legacy

U.S. states

New York State Human Rights Law
Extends the protection to marital status and age, aimed to prevent non-racial discrimination.
Section 236 and 237 of the New York State Property Law
Further extends the protection to include dwellings with children and mobile home parks. This is meant to protect renters and sellers from discriminating based on number of children in a family. Currently the Fair Housing Act protects against discrimination of race, color, national origin, religion, sex, familial status, and disability. The law applies to all types of housing, rental homes, apartments, condos and houses. The only exception to the act is when an owner of a small rental building lives in the same building he lets. Since he owns the building and also resides there, he can decide who lives there.

Violations of the Fair Housing Act

There are an estimated 2 million cases of housing discrimination each year according to HUD. The National Fair Housing Alliance, the largest fair housing non-profit in the country, estimates that number to be closer to 4 million per year, excluding instances of discrimination due to disability or familial status.[46] Housing projects have also come under fire by researchers and NGOs alike. Housing advocates Elizabeth Julian and Michael Daniel state:[47]

in addition to the inequality in the actual housing provided to low-income African-American families under the federal programs, the neighborhoods in which they receive assistance are usually subject to various adverse conditions not found in the neighborhoods surrounding the housing units in which whites receive the same assistance. These conditions include inferior city-provided facilities and services, little or no new or newer residential housing, large numbers of seriously substandard structures, noxious environmental conditions, substandard or completely absent neighborhood service facilities, high crime rates, inadequate access to job centers, and little or no investment of new capital in the area by public and private entities.

Thus, this discrimination goes beyond being poor because white housing projects receive more attention and public investment, making housing discrimination overall a racial problem.

Although several legal measures have been taken to protect all kinds of people against housing discrimination in the U.S., still the most commonly targeted and largest victims are African-Americans.

See also

References

  1. ^ "Civil Rights Act of 1968" full text, US House of Representatives website
  2. ^ "Civil Rights Act of 1866 & Civil Rights Act of 1871 – CRA – 42 U.S. Code 21 §§1981, 1981A, 1983, & 1988". findUSlaw. Retrieved October 3, 2013.
  3. ^ "42 USC § 1983 – Civil action for deprivation of rights". Cornell University Law School Legal Information Institute. Retrieved October 3, 2013.
  4. ^ Michael Bronski; Ann Pellegrini; Michael Amico (October 2, 2013). "Hate Crime Laws Don't Prevent Violence Against LGBT People". The Nation. Retrieved November 26, 2013.
  5. ^ Peter Babcox; Noam Chomsky; Judy Collins; Harvey Cox; Edgar Z. Friedenberg; et al. (June 19, 1969). "The Committee to Defend the Conspiracy". The New York Review of Books. Retrieved October 4, 2013.
  6. ^ a b Darren Miles "Everett Dirksen’s Role in Civil Rights Legislation" Western Illinois Historical Review, Vol. I Spring 2009
  7. ^ Erin Eberlin "What is Fair Housing?" About.com
  8. ^ Burt Folkart "James Groppi, Ex-Priest, Civil Rights Activist, Dies" The Los Angeles Times, November 05, 1985|B
  9. ^ a b c Nikole Hannah-Jones, "Living Apart: How the Government Betrayed a Landmark Civil Rights Law" Propublica, Oct. 28, 2012,
  10. ^ "Report of the National Advisory Commission on Civil Disorders – Summary of Report"
  11. ^ Matthew J. Termine "Promoting Residential Integration Through the Fair Housing Act" 79 Fordham Law Review 1367 (2011).
  12. ^ "Selected U.S. Senate proceedings and debates on fair housing, 1965-1971" University of Minnesota Law Library
  13. ^ a b Kotz, Nick (2005). "14. Another Martyr". Judgment days : Lyndon Baines Johnson, Martin Luther King, Jr., and the laws that changed America. Boston: Houghton Mifflin. p. 417. ISBN 0-618-08825-3.
  14. ^ "History of Fair Housing" US Department of Housing and Urban Development
  15. ^ Johnson, Lyndon Baines (April 5, 1968). "182 – Letter to the Speaker of the House Urging Enactment of the Fair Housing Bill". American Presidency Project. Retrieved July 19, 2012. We should pass the Fair Housing law when the Congress convenes next week.
  16. ^ Honorable Charles Mathias, Jr. “Fair Housing Legislation: Not an Easy Row To Hoe” US Department of Housing and Urban Development, Office of Policy Development and Research
  17. ^ Risen, Clay (April 2008). "The Unmaking of the President: Lyndon Johnson believed that his withdrawal from the 1968 presidential campaign would free him to solidify his legacy". Smithsonian Magazine. p. 3,5 and 6 in online version. Archived from the original on January 4, 2013. Retrieved July 18, 2012.
  18. ^ Peters, Gerhard; Woolley, John T. "Lyndon B. Johnson: "Remarks Upon Signing the Civil Rights Act.," April 11, 1968". The American Presidency Project. University of California - Santa Barbara.
  19. ^ https://web.archive.org/web/20110101133706/http://www.justice.gov/crt/crim/245.php
  20. ^ "Civil Rights Statutes". Archived from the original on September 14, 2010.
  21. ^ a b "Archived copy" (PDF). Archived from the original (PDF) on December 16, 2010. Retrieved December 23, 2010.CS1 maint: Archived copy as title (link)
  22. ^ letter from HUD to Jill D. Levine, Esq. dated 10-02-1996 http://www.reintel.com/letters.htm
  23. ^ "State Housing Laws and Policies" (PDF). Archived from the original (PDF) on July 9, 2011. Retrieved August 25, 2011.
  24. ^ "City of Austin Equal Employment / Fair Housing Office". Retrieved September 3, 2010.
  25. ^ Robert J. McCarthy, "Civil Rights in Tribal Courts; The Indian Bill of Rights at 30 Years," 34 IDAHO LAW REVIEW 465 (1998).
  26. ^ a b c d e f "Indian Civil Rights Act." US History Encyclopedia. © 2006 through a partnership of Answers Corporation.
  27. ^ Canby Jr., William C. American Indian Law in a Nutshell. St. Paul: West Publishing Co., 2004 pg. 354–355
  28. ^ "25 U.S.C. 15 - Constitutional Rights of Indians". United States Government Publishing Office. Retrieved July 28, 2018.
  29. ^ a b Wilkinson, Charles. Blood Struggle: The Rise of Modern Indian Nations. Boston: W. W. Norton & Company, Incorporated, 2006. pg. 290.
  30. ^ Murphy, Paul L. Santa Clara Pueblo v. Martinez.
  31. ^ "President Signs Civil Right Bill; Pleads for Calm – Acts a Day After Final Vote on Measure That Stresses Open Housing in Nation – Finds Much to be Done – In White House Ceremony, He Calls for Enactment of Rest of His Program". New York Times. April 12, 1968. p. 1. Retrieved January 2, 2019.
  32. ^ "Fair Housing - It's Your Right - HUD". Portal.hud.gov. Retrieved July 6, 2015.
  33. ^ "HUD.gov / U.S. Department of Housing and Urban Development (HUD)". www.hud.gov. Retrieved April 1, 2019.
  34. ^ a b "Title VIII: Fair Housing and Equal Opportunity - HUD". Portal.hud.gov. Retrieved July 6, 2015.
  35. ^ "40 Years Ago: Fair Housing Act Amended to Prohibit Discrimination on Basis of Sex". nlihc.org. August 4, 2014.
  36. ^ "Exemptions to the Fair Housing Act? Not Many -- But Here Are Some". Fox Rothschild LLP. Retrieved February 26, 2018.
  37. ^ Barbash, Fred (April 6, 2017). "Federal fair housing law protects LGBT couples, court rules for first time". Washington Post. Retrieved May 27, 2018.
  38. ^ "Fair housing ruling: Denver federal Judge Raymond Moore ruled that a landlord's refusal to rent to a lesbian couple violated federal housing law". Washington Post. April 5, 2017. Retrieved May 27, 2018.
  39. ^ "H.R.1447 - Fair and Equal Housing Act of 2017". Congress.gov. Retrieved May 27, 2018.
  40. ^ Wang, Amy (May 26, 2018). "Refusing to sell homes to gay people is okay, GOP congressman says. Realtors disagree". Washington Post. Retrieved May 27, 2018.
  41. ^ "PN1349 — Anna Maria Farias". washingtonexaminer.com.
  42. ^ "42 U.S. Code § 3603". Cornell Law School.
  43. ^ US Government Accountability Office (2010). "Housing and community grants: HUD needs to enhance its requirements and oversight of jurisdictions' fair housing plans".
  44. ^ Kim Kowsky, TIMES, July 10, 1992
  45. ^ "Dr. King's Dream Denied: Forty Years of Failed Federal Enforcement: 2008 Fair Housing Trends Report." National Fair Housing Alliance. April 8, 2008
  46. ^ Shapiro, Steven R. (1993). Human Rights Violations in the United States: A Report on U.S. Compliance with The International Covenant on Civil and Political Rights. Human Rights Watch. p. 23. ISBN 9781564321220. Retrieved April 9, 2018.

Bibliography

Further reading

Books
Articles

External links

1968 in the United States

1968 in the United States was marked by several major historical events. It is often considered to be one of the most turbulent and traumatic years of the 20th century in the United States.The year began with the Tet Offensive of the Vietnam War, which reached its climax after President Lyndon B. Johnson signed legislation allowing for an increased maximum number of troops on the ground at one time (549,500). Likewise, it was the most expensive year of the war, costing $77.4 billion. Antiwar sentiment continued to grow after the occurrence of the My Lai Massacre (though the public did not learn of this until the following year) and an increasing number of Americans considered intervention in Vietnam to be a mistake. Nonetheless, the war persisted.

Following the assassination of Martin Luther King Jr. on April 4, the country erupted in violent riots, the most severe of which occurred in Washington, D.C., Chicago, and Baltimore. More than 40 people were killed during the month of protest, which led to greater racial tensions between white and black Americans. Despite this, a landmark piece of legislation, the Civil Rights Act of 1968, was passed in April, effectively prohibiting housing discrimination based on race.

The assassination of Robert F. Kennedy in June led to uncertainty in the race for the Democratic nomination for the presidency. After Hubert Humphrey was declared the nominee at the 1968 Democratic National Convention in Chicago, another wave of violent protests emerged, this time between antiwar demonstrators and police. The tumult within the Democratic Party helped launch Richard Nixon, a Republican and former vice president, to the presidency in November. A particularly strong showing by segregationist George Wallace of the American Independent Party in 1968's presidential election highlighted the strong element of racism that continued to persist across the country, particularly in the South.

In popular culture, 2001: A Space Odyssey was the most profitable film of the year, earning $56.7 million, while Oliver! won the Academy Award for Best Picture. "Hey Jude" by the Beatles was the hottest single of 1968 in the U.S. according to Billboard, demonstrating the continued popularity of bands associated with the British Invasion that began in 1964.

Anderson v. Jackson

Anderson v. Jackson, 556 F.3d 351 (5th Cir. 2009) was a class action lawsuit seeking injunctive relief to prevent the demolition of four New Orleans public housing developments that were damaged by Hurricane Katrina. The suit alleged that the U.S. Department of Housing and Urban Development and state and city housing agencies were in violation of the U.S. Housing Act of 1937, the Civil Rights Act of 1968 (the Fair Housing Act), the Fifth Amendment to the U.S. Constitution and the Fourteenth Amendment to the U.S. Constitution.

Prior to Hurricane Katrina, the Housing Authority of New Orleans (HANO) planned to demolish and redevelop four deteriorated public housing developments:  B.W. Cooper, C.J. Peete, St. Bernard, and Lafitte (collectively, "the Big Four"). After the Big Four suffered severe damage from Katrina, HANO proceeded with the plan for eventual demolition.

The lawsuit was dismissed by the district court and the dismissal was affirmed by the United States Court of Appeals for the Fifth Circuit.

Civil Rights Act

Civil Rights Act may refer to several acts of the United States Congress, including:

Civil Rights Act of 1866, extending the rights of emancipated slaves by stating that any person born in the United States regardless of race is a US citizen

Civil Rights Act of 1871, prohibiting race-based violence against African Americans (see also, Enforcement Acts, three Acts in 1870-1871)

Civil Rights Act of 1875, prohibiting discrimination in "public accommodations", which was found unconstitutional in 1883 as Congress could not regulate conduct of individuals

Civil Rights Act of 1957, establishing the Civil Rights Commission

Civil Rights Act of 1960, establishing federal inspection of local voter registration polls

Civil Rights Act of 1964, prohibiting discrimination based on race, color, religion, sex, and national origin by federal and state governments as well as some public places

Civil Rights Act of 1968, prohibiting discrimination in sale, rental, and financing of housing based on race, creed, and national origin

Civil Rights Act of 1990, would have made it easier for plaintiffs to win civil rights cases; was vetoed by President George H. W. Bush

Civil Rights Act of 1991, providing the right to trial by jury on discrimination claims and introducing the possibility of emotional distress damages, while limiting the amount that a jury could award

Civil Rights Act of 1875

The Civil Rights Act of 1875 sometimes called the Enforcement Act or the Force Act, was a United States federal law enacted during the Reconstruction era in response to civil rights violations against African Americans. The bill was passed by the 43rd United States Congress and signed into law by President Ulysses S. Grant on March 1, 1875.

The act was designed to "protect all citizens in their civil and legal rights", providing for equal treatment in public accommodations and public transportation and prohibiting exclusion from jury service. It was originally drafted by Senator Charles Sumner in 1870, but was not passed until shortly after Sumner's death in 1875. The law was not effectively enforced, partly because President Grant had favored different measures to help him suppress election-related violence against blacks and Republicans in the South.

The Reconstruction era ended with the resolution of the 1876 presidential election, and the Civil Rights Act of 1875 was the last federal civil rights law enacted until the passage of Civil Rights Act of 1957. In 1883, the Supreme Court ruled in the Civil Rights Cases that the public accommodation sections of the act were unconstitutional, saying Congress was not afforded control over private persons or corporations under the Equal Protection Clause. Parts of the Civil Rights Act of 1875 were later re-adopted in the Civil Rights Act of 1964 and the Civil Rights Act of 1968, both of which cited the Commerce Clause as the source of Congress's power to regulate private actors.

Clarence Mitchell Jr.

Clarence Maurice Mitchell Jr. (March 8, 1911 – March 19, 1984) was a civil rights activist and was the chief lobbyist for the NAACP for nearly 30 years. He also served as a regional director for the organization.

Mitchell, nicknamed "the 101st U.S. Senator", waged a tireless campaign on Capitol Hill, helping to secure passage of civil rights legislation in the 1950s and 1960s: the Civil Rights Act of 1957, the Civil Rights Act of 1960, the Civil Rights Act of 1964, the Voting Rights Act of 1965 and the Fair Housing Act (Title VIII of the Civil Rights Act of 1968).In 1969, he was awarded the Spingarn Medal by the NAACP for these efforts. Later he faced some criticism in the black community for supporting Daniel Patrick Moynihan (see then U.S. Assistant Secretary of Labor; controversy over the War on Poverty, later a noted U.S. Senator from New York) and defending the State of Israel. On June 9, 1980, he was presented with the "Presidential Medal of Freedom" by 39th President Jimmy Carter.

After his retirement, Mitchell wrote a Sunday editorial column for The Baltimore Sun every Sunday until his death in 1984. The Sun called it "an extraordinary commentary on the civil rights movement." On March 23, 1984, the Sharp Street Memorial United Methodist Church overflowed with 2,500 mourners who gathered from around the country to pay their respects. Included among them was Harry Hughes (Governor of Maryland), William Donald Schaefer (Mayor of Baltimore and later Governor), Benjamin Hooks, director of the NAACP; and Dorothy Height, president of the National Council of Negro Women.

The main city court house in Baltimore City was renamed as the Clarence M. Mitchell Jr. Courthouse in 1985 in his honor. Other facilities were also named for him.

Discrimination in awarding Section 8 housing

Discrimination in awarding Section 8 housing describes alleged or confirmed cases of illegal discrimination in the housing market of the United States of America, "Section 8" being a portion of a 1937 law that provides financial assistance for housing costs several million low-income Americans.

Advocates argue that "racial and economic segregation" in Section 8 housing is "a major problem."

In 1968, Congress enacted the Fair Housing Act (FHA) as Title VIII of the Civil Rights Act of 1968 to combat racial segregation. In 1974, to further combat the concentration of poverty and racial segregation in housing, the government developed the Section 8 Housing Voucher Program (now known as the Housing Choice Voucher Program), which supplies vouchers to low-income tenants to assist with rental payments.However, despite receiving vouchers to help with rental payments, participants in the program are said to still experience substantial difficulties obtaining housing. A noticeable "disparate impact" within the Section 8 Housing Voucher Program has been noted by Rotem (2010).Under the Section 8 Housing Voucher Program, participants can use the voucher to pay a portion of their rent. However, participation in the Section 8 Housing Voucher Program is voluntary for landlords.

Landlords participating in the program are free to withdraw for many reasons. According to the Fair Housing Act. 42 U.S.C. § 3604, a landlord's withdrawal for reasons associated with their tenant's "race, color, religion, sex, handicap, familial status, or national origin" would be an illegal act of discrimination.As neighborhoods have gentrified, holders of housing vouchers may find that property owners who might have taken their vouchers in the past are no longer doing so.

Edward Brooke

Edward William Brooke III (October 26, 1919 – January 3, 2015) was an American Republican politician. In 1966, he became the first African American popularly elected to the United States Senate. He represented Massachusetts in the Senate from 1967 to 1979.

Born and raised in Washington, D.C., Brooke graduated from the Boston University School of Law after serving in the United States Army during World War II. After serving as chairman of the Finance Commission of Boston, Brooke won election as Massachusetts Attorney General in 1962. In 1966, he defeated Democratic Governor Endicott Peabody in a landslide to win election to the Senate.

In the Senate, Brooke aligned with the liberal faction of Republicans. He co-wrote the Civil Rights Act of 1968, which prohibits housing discrimination. Brooke became a prominent critic of President Richard Nixon and was the first Senate Republican to call for Nixon's resignation in light of the Watergate scandal. Brooke won re-election in 1972, but he was defeated by Paul Tsongas in 1978. After leaving the Senate, Brooke practiced law in Washington, D.C. and was affiliated with various businesses and non-profits.

FHA

FHA may refer to:

Fair Housing Act, part of the United States Civil Rights Act of 1968

Farmers Home Administration

Federal Housing Administration, a United States government agency

Filamentous haemagglutinin adhesin

Forced hot air

Forkhead-associated domain

Functional hazard analysis

Functional hypothalamic amenorrhea

SS Führungshauptamt, the operational headquarters of the SS in Nazi Germany

Full Height Anamorphic (anamorphic widescreen), a video technique used to store a 16:9 picture in a 4:3 frame

the Foundation for Humanity’s Adulthood, later renamed the World Transformation Movement

Hate crime laws in the United States

Hate crime laws in the United States are state and federal laws intended to protect against hate crimes (also known as bias crimes) motivated by enmity or animus against a protected class of persons. Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's protected characteristics of race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability. The U.S. Department of Justice (DOJ)/FBI, as well as campus security authorities, are required to collect and publish hate crime statistics.

Housing discrimination in the United States

Housing discrimination in the United States began after the abolition of slavery, typically as part of the "Jim Crow laws" that enforced racial segregation. The federal government began to take action against these laws in 1917, when the Supreme Court ruled in Buchanan v. Warley that ordinances prohibiting blacks from occupying or owning buildings in majority-white neighborhoods, and vice versa, was unconstitutional.

The Civil Rights Act of 1968 included legislation known as the Fair Housing Act, which made it unlawful for a landlord to discriminate against or prefer a potential tenant based on their race, color, religion, gender, or national origin, when advertising or negotiating the sale or rental of housing. Such protections have also been extended to other "protected classes", including disabilities and familial status. Despite these efforts, studies have shown that housing discrimination still exists.

Housing for Older Persons Act

The Housing for Older Persons Act of 1995 (HOPA) (Pub.L. 104–76, 109 Stat. 787, enacted December 28, 1995) amends Title VIII of the Civil Rights Act of 1968 (Fair Housing Act). The consolidated Act is administered by the U.S. Department of Housing and Urban Development (HUD). The law was signed by President of the United States Bill Clinton on December 28, 1995.HOPA amends the Fair Housing Act as follows:

eliminates the requirement that qualified housing for persons age 55 or older have "significant facilities and services" designed for the elderly

provides "good faith reliance" immunity from damages to persons who in good faith believe and rely on a written statement that a property qualifies for the 55 or older exemption, unaware that the property is ineligible for the exemption.

Hugh Scott

Hugh Doggett Scott Jr. (November 11, 1900 – July 21, 1994) was an American lawyer and politician. A member of the Republican Party, he represented Pennsylvania in the United States House of Representatives and the United States Senate. He served as Senate Minority Leader from 1969 to 1977.

Born and educated in Virginia, Scott moved to Philadelphia to join his uncle's law firm. He was appointed as Philadelphia's assistant district attorney in 1926 and remained in that position until 1941. Scott won election to represent Northwest Philadelphia in the U.S. House of Representatives in 1940. He lost re-election in 1944, but won his seat back in 1946 and served in the House until 1959. Scott established a reputation as an internationalist and moderate Republican Congressman. After helping Thomas E. Dewey win the 1948 Republican presidential nomination, Scott held the position of Chairman of the Republican National Committee from 1948 to 1949. He also served as Dwight D. Eisenhower's campaign chairman in the 1952 presidential election.

Scott won election to the Senate in 1958, narrowly prevailing over Democratic Governor George M. Leader. He was a strong advocate for civil rights legislation, and he voted for the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Civil Rights Act of 1968. He won election as Senate Minority Whip in January 1969 and was elevated to Senate Minority Leader after Everett Dirksen's death later that year. As the Republican leader in the Senate, Scott urged President Richard Nixon to resign in the aftermath of the Watergate Scandal. Scott declined to seek another term in 1976 and retired in 1977.

List of UPI reporters

This is a list of notable reporters who worked for United Press International during their careers:

Carl W. Ackerman, 1913-1914 Albany, NY and Washington, D.C. bureau reporter, 1915-1917 Berlin Correspondent

Howard Arenstein, 1978 Jerusalem bureau chief 1981 editor on UPI's foreign desk in New York and Washington.

James Baar, editor in the UPI Washington Bureau

Arnaud de Borchgrave, 1947 -1951 Brussels bureau chief, 1998 president of UPI, 2001 editor-at-large of UPI based in Washington DC

Joe Bob Briggs

David Brinkley

Lucien Carr

Pye Chamberlayne

John Chambers, son of Whittaker Chambers (UPI Radio, 1960s)Audio recap of 87th Congress (1962)

Audio recap on Presidential Election (1964)

Funeral Services for Adlai Stevenson (1965)

Civil Rights Movement in 1965 (1965)

Preview 1966 (1966)

"From the People" with Hubert Humphrey (text) (February 1968)

Audio on LBJ's signing of Civil Rights Act of 1968 (April 11, 1968)

Text of eyewitness account of RFK assassination (1968)

Charles Collingwood

Walter Cronkite, 1939-1950, covered World War II for UP.

William Boyd Dickinson

Bill Downs

Marc S. Ellenbogen

James M. Flinchum

Sylvana Foa

Oscar Fraley

Thomas Friedman

Joseph L. Galloway

Seymour Hersh

John Hoerr

Richard C. Hottelet

Michael Keon, covered the Chinese Civil War in the late 1940s

David Kirby

Eli Lake

Larry LeSueur

Eric Lyman

Eugene Lyons

Carlos Mendo

Webb Miller

Randy Minkoff

Joe W. Morgan, editor who covered the Alger Hiss trial, Joseph Stalin death, Sputnik launch, Yuri Gagarin spaceflight, Robert F. Kennedy Jr. assassination

M. R. Akhtar Mukul

Ron Nessen

Richard S. Newcombe

Dan Olmsted

Bill Rosinski

Milton Richman

Eric Sevareid

Steve Sailer

Harrison Salisbury

Mac Sebree

Neil Sheehan

William Shirer

Howard K. Smith

Merriman Smith

Jeff Stein

Barry Sussman

Roger Tatarian

Helen Thomas

Morris DeHaven Tracy

Martin Walker

Kate Webb

Steve Wilstein

Lester Ziffren

Office of Fair Housing and Equal Opportunity

The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies that make sure all Americans have equal access to the housing of their choice.

Protected group

A protected group or protected class is a group of people qualified for special protection by a law, policy, or similar authority. In the United States, the term is frequently used in connection with employees and employment.

Where discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on membership in more than one protected group. For example, discrimination based on antisemitism may relate to religion, national origin, or both; discrimination against a pregnant woman might be based on sex, marital status, or both.U.S. federal law protects individuals from discrimination or harassment based on the following nine protected classes: sex, race, age, disability, color, creed, national origin, religion, or genetic information (added in 2008). Many state laws also give certain protected groups special protection against harassment and discrimination, as do many employer policies. Although it is not required by federal law, employer policies may also protect employees from harassment or discrimination based on marital status or sexual orientation. The following characteristics are "protected" by United States federal anti-discrimination law:

Race – Civil Rights Act of 1964

Religion – Civil Rights Act of 1964

National origin – Civil Rights Act of 1964

Age (40 and over) – Age Discrimination in Employment Act of 1967

Sex – Equal Pay Act of 1963 and Civil Rights Act of 1964

The Equal Employment Opportunity Commission interprets 'sex' to include discrimination based on sexual orientation and gender identity

Pregnancy – Pregnancy Discrimination Act

Familial status – Civil Rights Act of 1968 Title VIII: Prohibits discrimination for having children, with an exception for senior housing. Also prohibits making a preference for those with children.

Disability status – Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990

Veteran status – Vietnam Era Veterans' Readjustment Assistance Act of 1974 and Uniformed Services Employment and Reemployment Rights Act

Genetic information – Genetic Information Nondiscrimination ActIndividual states can and do create other classes for protection under state law.

Presidents have also issued executive orders which prohibit consideration of particular attributes in employment decisions of the United States government and its contractors. These have included Executive Order 11246 (1965), Executive Order 11478 (1969), Executive Order 13087 (1998), Executive Order 13279 (2003), and Executive Order 13672 (2014).

Ramsey Clark

William Ramsey Clark (born December 18, 1927) is an American lawyer, activist and former federal government official. A progressive, New Frontier liberal, he occupied senior positions in the United States Department of Justice under Presidents John F. Kennedy and Lyndon B. Johnson, notably serving as United States Attorney General from 1967 to 1969; previously he was Deputy Attorney General from 1965 to 1967 and Assistant Attorney General from 1961 to 1965.

As Attorney General, he was known for his vigorous opposition to the death penalty, his aggressive support of civil liberties and civil rights, and his dedication in enforcing antitrust provisions. Clark supervised the drafting of the Voting Rights Act of 1965 and Civil Rights Act of 1968. Since leaving public office Clark has led many progressive activism campaigns, including opposition to the War on Terror, and he has offered legal defense to controversial figures such as Charles Taylor, Slobodan Milošević, Saddam Hussein, and Lyndon LaRouche. Clark is one of only two living members of Johnson's Cabinet, along with Alan Boyd.

Santa Clara Pueblo v. Martinez

Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978) No. 76-682,[1] was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. In sustaining a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex, the Supreme Court advanced a theory of tribal sovereignty that weighed the interests of tribes sufficient to justify a law that had it been passed by a state legislature or Congress, almost assuredly been struck down as a violation of equal protection. Along with the watershed cases, United States v. Wheeler and Oliphant v. Suquamish Indian Tribe, Santa Clara completed the trilogy of seminal Indian law cases to come down in the 1978 term.

Seattle movement

The Seattle movement started well before the celebrated struggles in the South in the 1950s and 1960s, and they relied not just on African American activists but also on Filipino Americans, Japanese Americans, Chinese Americans, Jews, Latinos, and Native Americans. They also depended upon the support of some elements of the region's labor movement. From the 1910s through the 1970s, labor and civil rights were linked in complicated ways, with some unions and radical organizations providing critical support to struggles for racial justice, while others stood in the way.

Seattle’s nineteenth century American population grew from a single person in 1858 to 406 women and men by 1900. Thee pioneers set forth the first black churches, businesses and civil rights organizations.

Talton v. Mayes

Talton v. Mayes, 163 U.S. 376 (1896), was a United States Supreme Court case, in which the court decided that the individual rights protections, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as the 1831 Cherokee Nation v. Georgia case, that gave Indian tribes the status of "domestic dependent nations," the sovereignty of which is independent of the federal government.

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