CONCLUSION| 419law, saying that the Supreme Court wanted to see actual evidence of discrimina-
tion rather than speculation that the law could have a discriminatory eff ect.^70
As noted in the introduction, the immigration system is widely viewed as bro-
ken and in need of reform. However, both Bush and Obama were unable to get their
proposals approved by Congress that would have provided a “path to citizenship”
for illegal aliens.
The debates over affi rmative action, English as a second language, and immi-
gration reform clearly illustrate the confl ictual nature of civil rights policy.
However, history has shown that when public opinion strongly supports a given
application of civil rights, as with African Americans in the South in the 1960s
and more recently the service of homosexuals in the military, public policy soon
refl ects those views. While it is impossible to say how soon same-sex marriage will
be nationally recognized or comprehensive immigration reform will become law,
given the trends in public opinion, policy appears to be headed in that direction.Conclusion
Enforcing civil rights means providing equal protection of the law to individuals
and groups that are discriminated against, which may include noncitizens and
illegal immigrants. But fi guring out exactly when an individual’s’ civil rights have
been violated can be tricky. When does a routine traffi c stop by a police offi cer turn
into racial profi ling? To help fi gure that out, we now can answer the questions
about possible civil rights violations that introduced this chapter.
¾ The African American teenagers who were pulled over by the police may or
may not have had their civil rights violated, depending on the laws in their
state. In Massachusetts, for example, it is prohibited to consider the “race,
gender, national or ethnic origin of members of the public in deciding to
detain a person or stop a motor vehicle” except in “suspect specifi c inci-
dents.”^71 Pulling over the white teenagers would have been acceptable as
long as there was “probable cause” to justify the stop.
¾ The Asian American woman who did not get the job could certainly talk to a
lawyer about fi ling a “disparate impact” discrimination suit. Under the 1991
Civil Rights Act, the employer would have the burden of proof to show that
she was not a victim of the “good ol’ boy” network.
¾ The gay couple who could not rent the apartment because of their sexual
orientation may have a basis for a civil rights lawsuit based on the Four-
teenth Amendment; however, this would depend on where they live, given
that there is no federal protection against discrimination against gay
men and lesbians (and the Supreme Court has not applied the Fourteenth
Amendment in this context).
¾ Court decisions concerning affi rmative action in Michigan show that the
white student who was not admitted to the university of his choice would have
to take his lumps, as long as the affi rmative action program considered race
as a general “plus factor” rather than assigning more or fewer points for it.
This review of civil rights policy has highlighted only some of the most impor-
tant issues, but a signifi cant agenda remains. The civil rights movement will con-
tinue to use the multiple avenues of the legislative, executive, and judicial branches
to secure equal rights for all Americans.