The Equal Protection Clause limits states. But much discrimination in the 1950s and 1960s came from private businesses: hotels, restaurants, employers. To reach them, Congress passed laws, pressed by the civil rights movement.
| Law | Signed | Main rule |
|---|---|---|
| Civil Rights Act of 1964 | July 2, 1964 (Lyndon Johnson) | No discrimination by race, color, religion or national origin in public accommodations such as hotels and restaurants (Title II); no discrimination in employment, adding sex (Title VII); no discrimination in programs receiving federal funds (Title VI) |
| Voting Rights Act of 1965 | August 6, 1965 (Lyndon Johnson) | Enforced the Fifteenth Amendment: banned literacy tests in covered areas and required "preclearance" of voting changes there |
| Civil Rights Act of 1968 (Fair Housing Act) | 1968 | No discrimination in the sale or rental of housing |
| Title IX of the Education Amendments | 1972 | No sex discrimination in education programs receiving federal funds |
| Americans with Disabilities Act | July 26, 1990 (George H. W. Bush) | No discrimination against people with disabilities in jobs, public services and public accommodations |
Why it works
Where did Congress get the power? The Fourteenth Amendment's Section 5 lets Congress enforce equal protection, but in the Civil Rights Cases (1883) the Court held that this reaches state action, not private businesses, striking down the Civil Rights Act of 1875. So in 1964 Congress relied on the Commerce Clause too: discrimination by hotels and restaurants burdened interstate travel and trade. The Court agreed 9 to 0 in Heart of Atlanta Motel v. United States and Katzenbach v. McClung (1964). Title IX rests on the spending power: schools that accept federal money accept its conditions. Later history: in Shelby County v. Holder (2013) the Court held 5 to 4 that the Voting Rights Act's formula for choosing covered areas rested on outdated data, so preclearance no longer applies unless Congress writes a new formula; other parts of the act remain in force.
Key idea
Congress banned discrimination with the Civil Rights Act of 1964, the Voting Rights Act of 1965, Title IX (1972) and the ADA (1990), using the Fourteenth and Fifteenth Amendments, the Commerce Clause and the spending power.
Worked example: Which power?
A motel near an interstate highway refuses guests by race in 1964. Under which power did the Court uphold the Civil Rights Act against it?
- The motel is private, so the Fourteenth Amendment alone (state action) would not reach it under the Civil Rights Cases.
- Most of its guests traveled from other states.
- Heart of Atlanta Motel (1964) upheld the act under the Commerce Clause.
Answer: The Commerce Clause.
Worked example: Which law?
A public university that receives federal funds offers a science program only to men. Which law most directly applies?
- Sex discrimination in an education program receiving federal money.
- That is Title IX (1972).
Answer: Title IX.
Common mistake
Thinking civil rights laws come only from the Fourteenth Amendment. Congress also used the Commerce Clause (to reach private businesses) and the spending power (Title IX). Check: is the defendant a state, a private business, or a program that takes federal money?