civil rights

A civil right is a legally enforceable claim or privilege. When another party interferes with a civil right, the injured party may seek redress through legal action. Discrimination arises when these rights are denied or impaired because of a person's membership in a protected class. Federal and state laws prohibit discrimination based on race, sex, religion, age, prior condition of servitude (i.e. slavery), physical disability, national origin, and, in some jurisdictions, sexual orientation.

Civil Rights vs. Civil Liberties

Civil rights are legal entitlements created by laws that ensure individuals receive equal treatment and protection from discrimination. They are not found in the Bill of Rights but derive from statutes and constitutional amendments. For example, the right to vote is a civil right. Civil liberties are individual freedoms that are protected from government interference, many of which are enumerated in the Bill of Rights. An example is the First Amendment's right to free speech.

Reconstruction Era

Following the Civil War, the Reconstruction Era marked a major expansion of civil rights, particularly for African Americans. During this period, Congress and the federal government enacted constitutional amendments and statutes to address the effects of slavery.

Reconstruction Amendments

The Thirteenth, Fourteenth, and Fifteenth Amendments are known as the Reconstruction Amendments:

  • The Thirteenth Amendment abolished slavery and involuntary servitude.
  • The Fourteenth Amendment prohibits states from abridging the privileges or immunities of U.S. citizens, or from denying any person life, liberty, or property without due process of law, or the equal protection of the laws.
  • The Fifteenth Amendment prohibits federal and state governments from denying a citizen the right to vote based on race, color, or previous condition of servitude.

Reconstruction-Era Statutes

Congress passed several statutes during Reconstruction, many of which remain in force:

Civil Rights Act of 1964

The Civil Rights Act of 1964 is a landmark statute prohibiting discrimination based on race, color, religion, or national origin in public accommodations, education, employment, and federally funded programs. Enacted under Congress’s authority to regulate interstate commerce, the law is codified in Title 42, Chapter 21 of the U.S. Code. Key provisions include:

  • Title II: Prohibits discrimination in places of public accommodation (e.g., hotels, restaurants, theaters).
  • Title VI: Prohibits discrimination in programs receiving federal funding.
  • Title VII: Prohibits employment discrimination by employers engaged in interstate commerce.

Federal courts have played a central role in interpreting and enforcing these provisions, particularly in school desegregation and employment law.

Twenty-Fourth Amendment

Ratified in 1964, the Twenty-Fourth Amendment prohibits the use of poll taxes in federal elections. Poll taxes disproportionately affected poor and minority voters and were used to suppress voter turnout.

Voting Rights Act of 1965

The Voting Rights Act of 1965, codified at 52 U.S.C. § 10101 et seq., prohibits voting discrimination based on race, color, or prior condition of servitude. It provided federal oversight of voter registration and elections in jurisdictions with histories of discrimination.

Civil Rights Act of 1968 (Fair Housing Act)

The Civil Rights Act of 1968, also known as the Fair Housing Act, prohibits discrimination in the sale, rental, or financing of housing based on race, color, religion, sex, or national origin. Later amendments extended these protections to individuals with disabilities (Rehabilitation Act of 1973, Americans with Disabilities Act of 1990) and to older persons (Housing for Older Persons Act of 1995).

State Civil Rights Laws

States may enact their own civil rights protections. For example, the New York State Human Rights Law prohibits discrimination in employment, housing, and public accommodations beyond federal standards.

International Agreements

The United States is a signatory to several international human rights instruments, including the International Covenant on Civil and Political Rights, which affirms civil and political rights on a global scale.

Disenfranchisement

Disenfranchisement refers to the restriction or removal of voting rights. Most U.S. states restrict voting rights for individuals with felony convictions. In Richardson v. Ramirez, 418 U.S. 24 (1974), the Supreme Court upheld the constitutionality of felon disenfranchisement under Section Two of the Fourteenth Amendment.

Vermont and Maine allow incarcerated individuals to vote. Virginia and Kentucky prohibit voting by individuals with felony convictions unless rights are restored. Other states have varying laws on voting rights restoration. In Florida, felony disenfranchisement is enshrined in the state constitution and can only be changed through a constitutional amendment.

Further Reading

Key Organizations

[Last reviewed in July of 2025 by the Wex Definitions Team]

Keywords

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