Civil Rights Act of 1964

241, enacted July 2, 1964) is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex,[a] and national origin.

[7] In the late 19th and early 20th century, the legal justification for voiding the Civil Rights Act of 1875 was part of a larger trend by the United States Supreme Court majorities to invalidate most government regulations of the private sector, except when dealing with laws designed to protect traditional public morality.

In the 1930s, during the New Deal, the majority of the Supreme Court justices gradually shifted their legal theory to allow for greater government regulation of the private sector under the Commerce Clause, thus paving the way for the federal government to enact civil rights laws prohibiting both public and private sector discrimination on the basis of the commerce clause.

After the Supreme Court ruled school segregation unconstitutional in 1954 in Brown v. Board of Education, Southern Democrats began a campaign of "massive resistance" against desegregation, and even the few moderate white leaders shifted to openly racist positions.

[16] But with elevated racial tensions and a wave of African-American protests in the spring of 1963, such as the Birmingham campaign, Kennedy realized he had to act on civil rights.

Initially, Celler had a difficult time acquiring the signatures necessary, with many Representatives who supported the civil rights bill itself remaining cautious about violating normal House procedure with the rare use of a discharge petition.

[29] Russell proclaimed, "We will resist to the bitter end any measure or any movement which would tend to bring about social equality and intermingling and amalgamation of the races in our [Southern] states.

"[30][31] Strong opposition to the bill also came from Senator Strom Thurmond, who was still a Democrat at the time: "This so-called Civil Rights Proposals [sic], which the President has sent to Capitol Hill for enactment into law, are unconstitutional, unnecessary, unwise and extend beyond the realm of reason.

"[32] After the filibuster had gone on for 54 days, Senators Mansfield, Hubert Humphrey, Everett Dirksen, and Thomas Kuchel introduced a substitute bill that they hoped would overcome it by combining a sufficient number of Republicans as well as core liberal Democrats.

Never before in its entire history had the Senate been able to muster enough votes to defeat a filibuster on a civil rights bill, and only once in the 37 years since 1927 had it agreed to cloture for any measure.

Suffering from terminal brain cancer, unable to speak, he pointed to his left eye, signifying his affirmative "Aye" vote when his name was called.

The prohibition on sex discrimination was added to the Civil Rights Act by Howard W. Smith, a powerful Virginia Democrat who chaired the House Rules Committee and strongly opposed the legislation.

Black feminist lawyer Pauli Murray wrote a supportive memorandum at the behest of the National Federation of Business and Professional Women.

Thus, as Justice William Rehnquist wrote 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.

Though he opposed forced segregation,[57] Republican 1964 presidential candidate, Senator Barry Goldwater of Arizona, voted against the bill, remarking, "You can't legislate morality."

For example, Moreton Rolleston, the owner of a motel in Atlanta, Georgia, said he should not be forced to serve black travelers, saying, "the fundamental question [...] is whether or not Congress has the power to take away the liberty of an individual to run his business as he sees fit in the selection and choice of his customers".

[59] In Heart of Atlanta Motel v. United States (1964), the Supreme Court held that Congress drew its authority from the Constitution's Commerce Clause, rejecting Rolleston's claims.

[68] Title III prohibited state and municipal governments from denying access to public facilities on grounds of race, color, religion, or national origin.

Executive Order The December 11, 2019, executive order on combating antisemitism states: "While Title VI does not cover discrimination based on religion, individuals who face discrimination on the basis of race, color, or national origin do not lose protection under Title VI for also being a member of a group that shares common religious practices.

[79] As of November 2014[update], Commissioner Chai Feldblum is making an active effort to increase awareness of Title VII remedies for individuals discriminated against on the basis of sexual orientation or gender identity.

[84] According to a copy of Sessions' directive reviewed by BuzzFeed News, he stated that Title VII should be narrowly interpreted to cover discrimination between "men and women".

"[85] Devin O'Malley, on behalf of the DOJ, said, "the last administration abandoned that fundamental principle [that the Department of Justice cannot expand the law beyond what Congress has provided], which necessitated today's action."

[87] After the Civil Rights Act of 1964 was passed, the Supreme Court upheld the law's application to the private sector, on the grounds that Congress has the power to regulate commerce between the States.

The landmark case Heart of Atlanta Motel v. United States established the law's constitutionality, but did not settle all the legal questions surrounding it.

In the 1974 case Lau v. Nichols, the Supreme Court 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.

"[44] A landmark United States Supreme Court case on religion and business, holding that employers may fire employees who refuse to work on the seventh-day in observation of a biblical sabbath.

[90] This was a landmark case because it clarified that Title VII's retaliation provision is not confined to harmful acts occurring at the workplace or are related to employment.

[91] Title VII's anti-discrimination provision prevents actions including a hire, a discharge, a change in compensation, conditions, privileges, opportunities, or status of employment.

[93] The definition of retaliation against a complainant of sexual harassment was changed to encompass any unfavorable job decision or treatment that might deter a "reasonable worker" from filing a discrimination claim or from supporting one.

Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission determined that Title VII covers gender identity, including transgender status.

United States President John F. Kennedy addresses the nation on civil rights on June 11, 1963
Following the March on Washington on August 28, 1963, civil rights leaders met with President Kennedy and Vice President Johnson to discuss civil rights legislation.
Martin Luther King Jr. and Malcolm X at the United States Capitol on March 26, 1964, listening to the Senate debate on the bill. The two met for only one minute. [ 28 ]
United States President Lyndon B. Johnson signs the Civil Rights Act of 1964. Among the guests behind him is Martin Luther King Jr.
Senate vote on the Civil Rights Act of 1964
Engrossing copy of H.R. 7152, which added sex to the categories of persons against whom the bill prohibited discrimination, as passed by the House of Representatives [ 40 ]
United States President Lyndon B. Johnson speaks to a television camera at the signing of the Civil Rights Act in 1964.
President Joe Biden speaks at an event celebrating the 60th Anniversary of the Civil Rights Act on 29 July 2024, at the Lyndon B. Johnson Presidential Library and Museum in Austin, Texas.
First page of the Civil Rights Act of 1964