Civil Rights Act of 1968

Civil Rights Act of 1968
U.S. Government · Public domain · source
Shorttitle	Civil Rights Act of 1968
Othershorttitles	Fair Housing Act
Longtitle	An act to prescribe penalties for certain acts of violence or intimidation, and for other purposes.
Enacted by	90th
Effective date	April 11, 1968
Public law url	http://www.gpo.gov/fdsys/pkg/STATUTE-82/pdf/STATUTE-82-Pg73.pdf
Cite public law	90-284
Acts amended	Civil Rights Act of 1964
Title amended	42 U.S.C.: Public Health and Social Welfare
Sections created	42, 3601 et seq.
Leghisturl	http://thomas.loc.gov/cgi-bin/bdquery/z?d090:HR02518:@@@R

Civil Rights Act of 1968 The Civil Rights Act of 1968, also known as the Fair Housing Act, is a landmark piece of federal legislation in the United States that expanded upon previous civil rights laws. Primarily, it prohibits discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, and, later, sex, disability, and family status. Enacted during a period of significant social unrest, the Act represented a major, though contentious, federal effort to address systemic inequality and promote stable, integrated communities as part of the nation's broader Civil rights movement.

Background and legislative history

The push for federal fair housing legislation gained momentum in the mid-1960s, driven by the ongoing struggle for racial equality and reports of widespread discrimination in housing markets. Key figures like Martin Luther King Jr. of the Southern Christian Leadership Conference (SCLC) and members of the Congress of Racial Equality (CORE) highlighted housing segregation as a fundamental barrier to full citizenship. Earlier legislative efforts, such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965, had not addressed this issue directly. President Lyndon B. Johnson initially proposed a broad civil rights bill in 1966, but it faced fierce opposition in the United States Congress, particularly from conservative Republicans and Democrats concerned about federal overreach into local property rights. The legislative landscape changed dramatically following the assassination of Martin Luther King Jr. on April 4, 1968, which sparked grief and riots in cities like Washington, D.C. and Chicago. In the ensuing national crisis, congressional leaders, including Senator Everett Dirksen and Congressman William McCulloch, brokered a compromise. The United States House of Representatives passed the bill on April 10, 1968, and President Johnson signed it into law on April 11, 1968.

Provisions of the Act

The Act's most significant title is Title VIII, the Fair Housing Act. It made it unlawful to refuse to sell or rent a dwelling, to discriminate in terms or conditions, or to advertise preference based on race, color, religion, or national origin. Other important provisions were contained in Title I, which protected persons exercising certain rights, such as attending school or serving on a jury. Title IX, known as the "Indian Civil Rights Act," extended certain Bill of Rights protections to Native Americans on reservations, curtailing the power of tribal governments. The law also included provisions, sometimes called the "Anti-Riot Act," aimed at penalizing individuals who crossed state lines to incite riots, a direct response to the urban unrest of the era. Enforcement mechanisms for the fair housing provisions were initially weak, relying primarily on conciliation by the United States Department of Housing and Urban Development (HUD).

Impact on housing discrimination

The immediate impact of the Fair Housing Act was limited due to its reliance on complaint-based enforcement and the lack of strong punitive powers for HUD. Many instances of redlining by banks and discriminatory practices by real estate agents, such as steering, persisted covertly. However, the Act established a crucial federal standard against housing discrimination. Over time, amendments and court rulings strengthened its reach. The 1974 amendment added sex as a protected class, and the 1988 amendment significantly bolstered enforcement by allowing HUD to initiate investigations and granting administrative law judges the power to levy fines. Landmark Supreme Court cases, such as Trafficante v. Metropolitan Life Insurance Co. (1972), broadened standing to sue. While de facto segregation in American cities like Detroit and Los Angeles remained a complex issue, the Act provided a legal tool for challenging discriminatory barriers.

Enforcement and legal challenges

Initial enforcement of the Fair Housing Act was challenging. The original law required HUD to attempt conciliation before a complainant could pursue a case in federal court, a process many found slow and ineffective. Early legal challenges often centered on the scope of the law and the government's authority. The Supreme Court's decision in Jones v. Alfred H. Mayer Co. (1968), interpreting the Civil Rights Act of 1866, provided a parallel, stronger statutory basis for challenging racial discrimination in housing. Subsequent rulings, like Havens Realty Corp. v. Coleman (1982), affirmed the use of "testers" to gather evidence of discrimination. The 1988 amendments transformed enforcement by creating a formal administrative process within HUD and empowering the United States Department of Justice to bring pattern-or-practice suits against major offenders. These changes made the law a more potent instrument for combating systemic bias.

Relationship to broader civil rights movement

The Civil Rights Act of 1968 represented both a culmination and a shift within the broader Civil rights movement. It addressed a key economic issue—access to housing—that leaders like Whitney Young of the National Urban League had long emphasized as critical for Black advancement. Its passage in the wake of Dr. King's assassination underscored the federal government's role in responding to national crises with legislative action. However, the Act's "Anti-Riot" provisions were viewed by some activists, including members of the Student Nonviolent Coordinating Committee (SNCC) and the emerging Black Power movement, as a tool to suppress protest. The Act's focus on individual property rights and equal access aligned with a classical liberal vision of civil rights, contrasting with more radical contemporary demands for economic reparations and community control.

Legacy and subsequent developments

The legacy of the Civil Rights Act of 1968 is profound yet debated. It stands as a cornerstone of American housing policy and a declaration that equal access to housing is a civil right. Subsequent amendments expanded its protections to include disability (1988) and 1988 amendments) and familial status (1988). The Act has been used to challenge zoning laws, insurance practices, and lending discrimination. However, significant racial disparities in homeownership and wealth persist, highlighting the limits of anti-discrimination law alone in remedying deep-seated inequality. The law remains a subject to legal and political scrutiny, with debates often focusing on the balance between preventing discrimination and protecting property rights. It endures as a key component of the legal framework intended to foster the stable, integrated communities envisioned by its proponents.