|Civil Rights Act of 1964|
|Long title:||An Act To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide 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.|
The Civil Rights Act of 1964 (Pub.L. 88-352, 78 Stat. 241, July 2, 1964) was a landmark piece of legislation in the United States that outlawed segregation in schools, public places, and employment. Public law is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat Events 310 - Pope Miltiades is elected 626 - In fear of assassination Li Shimin ambushes and kills his rival Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. The United States of America —commonly referred to as the First conceived to help African Americans, the bill was amended prior to passage to protect women, and explicitly included white people for the first time. African Americans or Black Americans are citizens or residents of the United States who have origins in any of the black populations of Africa It also created the Equal Employment Opportunity Commission. The US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination
In order to circumvent limitations on congressional power to enforce the Equal Protection Clause imposed by the Supreme Court in the Civil Rights Cases, the law was passed under the Commerce Clause, which had been interpreted by the courts as a broad grant of congressional power. The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person The Civil Rights Cases, 109 US 3 ( 1883) were a group of five similar cases consolidated into one issue for the United States Supreme Court Article 1 Section 8 Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the power to regulate commerce with foreign 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 in the southern U. The Jim Crow laws were state and local laws enacted primarily but not exclusively in the Southern and border states of the United States between 1876 and 1965 S. It became illegal to compel segregation of the races in schools, housing, or hiring. Powers given to enforce the bill were initially weak, but were supplemented during later years.
The bill had been introduced by President John F. Kennedy in his civil rights speech of June 11, 1963, 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. John Fitzgerald "Jack" Kennedy (May 29 1917&ndashNovember 22 1963 often referred to by his initials JFK, was the thirty-fifth President of Events 1184 BC - Trojan War: Troy is sacked and burned according to the calculations of Eratosthenes. Year 1963 ( MCMLXIII) was a Common year starting on Tuesday (link will display full calendar of the Gregorian calendar. "
He then sent a bill to Congress on June 19. Events 1179 - The Norwegian Battle of Kalvskinnet outside Nidaros. 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 to join in lawsuits against state governments which operated segregated school systems, among other provisions. The Civil Rights Act of 1875 ( was United States federal law proposed by Republican Senator Charles Sumner and Republican Congressman Benjamin F The United States Attorney General is the head of the United States Department of Justice (see) concerned with legal affairs and is the chief law enforcement But it does 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. 
The bill was sent to the House of Representatives, and referred to the House Judiciary Committee, chaired by Emmanuel Celler. Martin Luther King Jr ( January 15, 1929 April 4, 1968) was an American clergyman, Activist and prominent leader The United States House of Representatives is one of the two chambers of the United States Congress; the other is the Senate. United States Senate Committee on the Judiciary US House Committee on the Judiciary, or (more commonly the House Judiciary Committee, is a Standing committee of Emanuel Celler ( May 6, 1888 – January 15, 1981) was a politician from New York who served in the United States House of Representatives After a series of hearings on the bill, Celler's committee greatly strengthened the act, adding provisions to ban racial discrimination in employment. The bill was reported out of the Judiciary Committee in November 1963, but was then referred to the Rules Committee, whose chairman, Howard W. Smith, a Democrat from Virginia, indicated his intention to keep the bill bottled up indefinitely. The Committee on Rules, or (more commonly Rules Committee, is a committee of the United States House of Representatives. Howard Worth Smith ( February 2 1883 &mdash October 3 1976) Democratic U The Commonwealth of Virginia ( is an American state
It was at this point that President Kennedy was assassinated. The new president, Lyndon Johnson, utilized his experience in parliamentary politics and the bully pulpit he wielded as president in support of the bill.
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, the bill would move directly to the House floor without consideration by advocates. Initially Johnson 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, fifty signatures were still wanting. Year 1963 ( MCMLXIII) was a Common year starting on Tuesday (link will display full calendar of the Gregorian calendar.
On the return from the winter recess, however, matters took a significant turn. The President's public advocacy of the Act had made a difference of opinion in congressmen's 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. Events 1355 - The St Scholastica's Day riot breaks out in Oxford, England, leaving 63 scholars and perhaps 30 locals dead Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar.
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 Normally, the bill would have been referred to the Senate Judiciary Committee, chaired by Senator James O. Eastland, from Mississippi. The United States Senate Committee on the Judiciary (informally Senate Judiciary Committee) is a Standing committee of the United States Senate, the James Oliver Eastland ( November 28, 1904 – February 19, 1986) was an American politician from Mississippi who served Mississippi ( is a state located in the Deep South of the United States Under Eastland's care, it seemed impossible that the bill would reach the Senate floor. Senate Majority Leader Mike Mansfield took a novel approach to prevent the bill from being relegated to Judiciary Committee limbo. The Senate Majority and Minority Leaders (also called Senate Floor Leaders) are two United States Senators who are elected by the party conferences Michael Joseph Mansfield (March 16 1903 – October 5 2001 was an American Democratic politician and the longest-serving Majority Leader of the United States 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. Events 747 BC - Epoch (origin of Ptolemy 's Nabonassar Era 364 - Valentinian I is proclaimed Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. Although this parliamentary move led to a brief filibuster, the senators eventually let it pass, preferring to concentrate their resistance on passage of the bill itself. A filibuster, or "talking out a bill", is a form of obstruction in a Legislature or other decision-making body
The bill came before the full Senate for debate on March 30, 1964 and the "Southern Bloc" of southern Senators led by Richard Russell (D-GA) launched a filibuster to prevent its passage. Events 240 BC - 1st recorded Perihelion passage of Halley's Comet. Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. Richard Brevard Russell Jr ( November 2, 1897 – January 21, 1971) was an American Democratic Party politician who 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. "
After 54 days of filibuster, Senators Everett Dirksen (R-IL), Thomas Kuchel (R-CA), Hubert Humphrey (D-MN), and Mike Mansfield (D-MT) introduced a substitute bill that they hoped would attract enough Republican votes to end the filibuster. Everett McKinley Dirksen ( January 4, 1896 – September 7, 1969) was a Republican U Hubert Horatio Humphrey Jr ( May 27, 1911 &ndash January 13, 1978) was the thirty-eighth Vice President of the United States, serving The compromise bill was weaker than the House version in regards 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. 
On the morning of June 10, 1964, Senator Robert Byrd (D-W. Events 1190 - Third Crusade: Frederick I Barbarossa drowns in the Sally River while leading an army to Jerusalem Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. Robert Carlyle Byrd (born November 20 1917 is the senior United States Senator from West Virginia and a member of the Democratic Party. 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.
Shortly thereafter, 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. A conference committee is a committee of the Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular The conference bill was passed by both houses of Congress, and was signed into law by President Johnson on July 2, 1964. Events 310 - Pope Miltiades is elected 626 - In fear of assassination Li Shimin ambushes and kills his rival Year 1964 ( MCMLXIV) was a Leap year starting on Wednesday (link will display full calendar of the 1964 Gregorian calendar. Legend has it that as he put down his pen Johnson told an aide, "We have lost the South for a generation. "
Totals are in "Yea-Nay" format:
The original House version:
The Senate version:
The Senate version, voted on by the House:
Note : "Southern", as used in this section, refers to members of Congress from the eleven states that made up the Confederate States of America in the American Civil War. The Confederate States of America (also called the Confederacy, the Confederate States, and CSA) formed as the government set up from 1861 Causes of the war See also Origins of the American Civil War, Timeline of events leading to the American Civil War The coexistence of a slave-owning South "Northern" refers to members from the other 39 states, regardless of the geographic location of those states.
The original House version:
The Senate version:
The prohibition on sex discrimination was added by Howard W. Smith, a powerful Virginian Democrat who chaired the House Rules Committee and had strongly opposed the Civil Rights Act. Ralph Webster Yarborough ( June 08, 1903 – January 27, 1996) was a Texas Democratic politician who served in the Texas ( is a state geographically located in the South Central United States and is also known as the Lone Star State. John Goodwin Tower ( September 29, 1925 – April 5, 1991) was the first Republican United States senator from Texas Texas ( is a state geographically located in the South Central United States and is also known as the Lone Star State. Robert Carlyle Byrd (born November 20 1917 is the senior United States Senator from West Virginia and a member of the Democratic Party. West Virginia ( is a state in the Appalachian Upland South, and Mid-Atlantic regions of the United States, bordered by Bourke Blakemore Hickenlooper ( July 21, 1896 September 4, 1971) was a member of the Republican Party, first elected to statewide The State of Iowa ( is a state in the Midwestern region of the United States of America. The State of Arizona ( is a state located in the southwestern region of the United States. Edwin Leard Mechem ( July 2, 1912 November 27, 2002) was a prominent Republican politician from New Mexico. New Mexico ( is a state located in the southwestern region of the United States of America. Milward Lee Simpson ( November 12, 1897 June 10, 1993) was an American politician who served as a U The State of Wyoming ( is a sparsely populated state in the western region of the United States. Norris H Cotton ( May 11 1900 &ndash February 24 1989) was an American Republican politician from the state of New Hampshire New Hampshire ( is a state in the New England region of the northeastern United States of America. Howard Worth Smith ( February 2 1883 &mdash October 3 1976) Democratic U The addition of "sex" to title VII is commonly described as a cynical attempt to defeat the bill by inserting objectionable amendments.  Representative Carl Elliott of Alabama later claimed, "Smith didn't give a damn about women's rights. Carl Atwood Elliott ( December 20, 1913 – January 9 1999) was a U . . 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,"  and the Congressional Record records that Smith was greeted by laughter when he introduced the amendment. The Congressional Record is the official record of the proceedings and debates of the United States Congress. 
Smith nevertheless claimed that he sincerely supported the amendment and made serious arguments in its favor.  The claim was not entirely ungrounded, as Smith had long been close to Alice Paul, a women's rights activist who urged him to include sex as a protected category. Alice Stokes Paul (January 11 1885 &ndash July 9 1977 was an American suffragist leader The amendment had been forcefully promoted by the National Woman's Party and its allies in Congress, who had no desire to scuttle the Civil Rights Act.  Thus, as William Rehnquist explained in Meritor Savings Bank v. William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice 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. ’” (477 U. S. 57, 63-64)
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. As Vice President, Johnson pushed the Kennedy administration to introduce civil rights legislation, telling 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. Theodore Chaikin "Ted" Sorensen (born May 8, 1928) is of Counsel (retired Senior Partner at the law firm of Paul Weiss Rifkind Wharton & Garrison " 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. Richard Brevard Russell Jr ( November 2, 1897 – January 21, 1971) was an American Democratic Party politician who "  The South indeed started to vote increasingly Republican after 1964. However, political scientists Richard Johnston and Byron Schafer have argued that this development was based more on economics than on race. For the American writer and educator see Richard Malcolm Johnston; for the baseball player see Dick Johnston; for the judge see Richard Johnston (judge 
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. 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). Albert Arnold "Al" Gore Sr ( December 26 1907 – December 5 1998) was an American Politician, serving James William Fulbright ( April 9, 1905 &ndash February 9, 1995) was a United States Senator representing Arkansas from Robert Carlyle Byrd (born November 20 1917 is the senior United States Senator from West Virginia and a member of the Democratic Party. Goldwater went on to secure his party's nomination for the presidency, and in the ensuing election, Goldwater won only Arizona and five of the Deep South states, two of which (Alabama and Mississippi) had not voted Republican since the disputed presidential election of 1876. Please DO NOT flip the colors -->The United States presidential election of 1964 was one of the most lopsided presidential elections in the history of the United States The State of Arizona ( is a state located in the southwestern region of the United States. The Deep South is a descriptive category of cultural and geographic subregions in the American South. Please DO NOT flip the colors --> The United States presidential election of 1876 was one of the most disputed and intense presidential elections in American history
(The full text of the Act is available online. )
Barred unequal application of voter registration requirements.
Title I did not eliminate literacy tests, which were one of the main methods used to exclude Black voters 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. 
Outlawed discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce; exempted private clubs without defining the term "private. "
Prohibited state and municipal governments from denying access to public facilities on grounds of race, religion, or ethnicity.
Encouraged the desegregation of public schools and authorized the U. S. Attorney General to file suits to enforce said act.
Prevented 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.
Title VII of the Act, codified as Subchapter VI of Chapter 21 of Title 42 of the United States Code is the title of the United States Code dealing with Public health and Social welfare , prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin (see ). Title 42 of the United States Code is the title of the United States Code dealing with Public health and Social welfare et seq.
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 (Parr v. Woodmen of the World Life Insurance Company, 791 F. 2d 888 (11th Cir. 1986)).
Notwithstanding the general prohibition of employment discrimination, covered employers are allowed to discriminate on the basis of religion, sex or national origin (but not based on color or race) where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. In order 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 (Automobile Workers v. Johnson Controls, Inc. ,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, 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. The Communist Party of the United States of America ( CPUSA) is a Marxist-Leninist Political party in the United States. The Internal Security Act (also known as the Subversive Activities Control Act, McCarran Act or ISA) of 1950 is a United States federal
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 ). The US Equal Employment Opportunity Commission (EEOC is a federal agency charged with ending employment discrimination Title 42 of the United States Code is the title of the United States Code dealing with Public health and Social welfare 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 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. Chrapliwy v. Uniroyal is a notable Title VII case relating to sexual harassment that was decided in favor of the plaintiffs. Chrapliwy v Uniroyal Inc, 670 F2d 760 ( 7th Cir 1982 cert denied 461 U In 1986 the Supreme Court held in Meritor Savings Bank v. Vinson, , that sexual harassment is sex discrimination and is prohibited by Title VII. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. Meritor Savings Bank v Vinson, 477 US 57 ( 1986) marked the United States Supreme Court 's recognition of certain forms of Sexual harassment Same-sex sexual harassment has also been held to be prohibited by Title VII (Oncale v. Sundowner Offshore Services, Inc. , , 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, Americans with Disabilities Act of 1990). Pregnancy discrimination occurs when expectant mothers are fired not hired or otherwise discriminated against due to their Pregnancy or intention to become pregnant The Age Discrimination in Employment Act of 1967 Pub L No 90-202 81 Stat The Americans with Disabilities Act of 1990 (ADA is the short title of United States ( codified at et seq
Required compilation of voter-registration and voting data in geographic areas specified by the Commission on Civil Rights.
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.
Established the Community Relations Service, tasked with assisting in community disputes involving claims of discrimination to people of color.