Civil Rights Act of 1968 facts for kids

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Civil Rights Act of 1968
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Long title	An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes.
Nicknames	Indian Civil Rights Act Indian Bill of Rights Fair Housing Act Housing Rights Act Open Housing Act Anti-Riot Act Federal Anti-Riot Act Rap Brown Act Rap Brown Law Civil Obedience Act Stokely Carmichael Act
Enacted by	the 90th United States Congress
Effective	April 11, 1968
Public law	90-284
Statutes at Large	82 Stat. 73
Codification
Titles amended	Title 18—Crimes and Criminal Procedure Title 25—Indians Title 42—Public Health and Welfare
Legislative history
Introduced in the House as H.R. 2516 by Emanuel Celler (D–NY) on January 17, 1967 Committee consideration by Judiciary Passed the House on August 16, 1967 (327–93) Passed the Senate on March 11, 1968 (71–20) with amendment House agreed to Senate amendment on April 10, 1968 (250–172) Signed into law by President Lyndon B. Johnson on April 11, 1968
Major amendments
Housing and Community Development Act of 1974 Fair Housing Amendments Act of 1988 Housing for Older Persons Act
United States Supreme Court cases
Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968) Hunter v. Erickson, 393 U.S. 385 (1969) Kennerly v. District Court, 400 U.S. 423 (1971) Trafficante v. Metropolitan Life Ins. Co., 409 U.S. 205 (1972) Curtis v. Loether, 415 U.S. 189 (1974)

The Civil Rights Act of 1968 is an important law in the United States. President Lyndon B. Johnson signed it on April 11, 1968. This happened during a time of unrest after the assassination of Martin Luther King Jr..

This law has several key parts. Titles II through VII are known as the Indian Civil Rights Act. It gives many of the rights from the United States Bill of Rights to Native American tribes.

Titles VIII and IX are called the Fair Housing Act. This part of the law helps stop discrimination in housing. It built upon the Civil Rights Act of 1964. The law makes it illegal to discriminate when selling, renting, or financing homes. This protection is based on a person's race, religion, national origin, and later, sex. Since 1988, it also protects people with disabilities and families with children.

Title X is known as the Anti-Riot Act. It makes it a federal crime to travel across state lines to start or encourage a riot. Some people have criticized this part of the law. They say it can confuse political protests with violence.

Why Was the Law Needed?

Early Steps Towards Equality

The journey towards equal rights for African Americans began long before 1968. In 1863, President Abraham Lincoln issued the Emancipation Proclamation. This declared that all enslaved people were free.

The Civil Rights Act of 1866 was another important step. It said that all people born in the U.S. were citizens. This meant they could rent, own, sell, and buy property. It was meant to help former slaves. However, this 1866 law did not have strong ways to enforce its rules.

The Civil Rights Movement's Impact

The Civil Rights Movement (1954-1968) led to many new laws. The Civil Rights Act of 1957 created groups to protect civil rights. The Civil Rights Act of 1960 helped protect voting rights.

The Civil Rights Act of 1964 was a major achievement. It outlawed discrimination based on race, color, religion, sex, and national origin. It also stopped unequal voter registration rules and segregation. The Voting Rights Act of 1965 further protected the right to vote for minorities.

Push for Fair Housing

Even with these laws, housing discrimination was still a big problem. The 1966 Chicago Freedom Movement, led by Martin Luther King Jr., worked for open housing. Other groups like the NAACP also pushed for fair housing laws.

Senator Walter Mondale worked hard for a federal fair housing bill. He said it was one of the most difficult bills to pass. Many senators and real estate groups were against it. A similar bill in 1966 failed because of its housing rules. Mondale explained that earlier civil rights laws mainly focused on the South. But this new housing law would affect neighborhoods everywhere. He said, "This was civil rights getting personal."

How the Bill Finally Passed

Two main events helped the bill pass. The Kerner Commission studied the race riots of 1967. It strongly suggested a federal open housing law. This report was often mentioned by lawmakers.

The biggest push came after the assassination of Martin Luther King, Jr. on April 4, 1968. This tragic event led to widespread civil unrest. On April 5, President Johnson urged the United States House of Representatives to pass the Fair Housing Act. The bill, which had been stuck, finally passed the House on April 10.

How the Law Was Created

President Johnson signing the Civil Rights Act of 1968

President Johnson first suggested a new civil rights bill in 1966, but it did not pass. In 1967, the bill was introduced again in both the House and the Senate.

The House of Representatives voted 327 to 93 to pass the bill. Later, the Senate voted 71 to 20 to approve it with some changes. The House then agreed to the Senate's changes with a vote of 250 to 172.

Bill H.R. 2516 was passed by the 90th United States Congress. President Lyndon B. Johnson signed it into law on April 11, 1968.

Main Parts of the Law

Title I: Protecting Federally Protected Activities

This part of the law makes it a federal crime to harm or threaten someone. This applies if the harm is because of their race, color, religion, or national origin. It covers situations where victims are trying to do things like:

Vote or run for office.
Use public places or facilities.
Apply for jobs.
Serve as a juror.
Attend public schools or colleges.
Travel or use public transportation.
Enjoy services at inns, hotels, or other businesses.

People who break this law can face fines or prison time. The punishment is more severe if someone is physically injured.

Title II–VII: Indian Civil Rights Act

The Indian Civil Rights Act of 1968 gave Native Americans many of the rights found in the United States Bill of Rights. This applies to the federally recognized tribes in the U.S.

Why This Part Was Added

Before this Act, the U.S. Supreme Court had said that tribal governments were not bound by the U.S. Bill of Rights in the same way as federal or state governments. However, Congress held hearings in the 1960s. These hearings showed that some tribal members faced unfair treatment from their own officials. The Indian Civil Rights Act was created to address these issues.

Key Protections for Native Americans

This Act ensures that no Indian tribe, when governing itself, can:

Stop people from practicing their religion or limit freedom of speech or the press.
Allow unreasonable searches or seizures.
Punish someone twice for the same crime.
Force someone to speak against themselves in a criminal case.
Take private property without fair payment.
Deny a speedy and public trial in criminal cases.
Demand too much bail or impose cruel punishments.
Treat people unfairly or take away their freedom or property without proper legal steps.
Pass laws that punish a person without a trial or make a past act illegal.
Deny a jury trial for crimes that could lead to imprisonment.

The Act also requires tribal courts to follow fair legal processes. This helped tribal courts become more like U.S. courtrooms.

Title VIII–IX: Fair Housing Act

Title VIII of the Civil Rights Act of 1968 is known as the Fair Housing Act. It has been updated over time to offer more protections. The Office of Fair Housing and Equal Opportunity helps enforce this law.

What is Housing Discrimination?

The Fair Housing Act of 1968 made certain types of housing discrimination illegal:

Refusing to sell or rent a home because of someone's race, color, religion, or national origin. Sex was added in 1974. People with disabilities and families with children were added in 1988.
Treating someone unfairly in the terms or conditions of selling or renting a home.
Advertising a home in a way that shows preference or discrimination based on protected characteristics.
Threatening or interfering with someone's housing rights for discriminatory reasons.
Not doing maintenance or repairs based on a renter's race, religion, sex, or other protected group.
Limiting access to services or amenities based on a renter's background.

In recent years, rules have been added to protect LGBT individuals from discrimination in federally supported housing. Many states and cities also have laws against housing discrimination based on gender identity.

When Discrimination is Allowed

The law does not mean landlords must rent to everyone. Landlords can choose tenants based on business reasons. For example, they can check if an applicant can pay rent or take care of the property. They can refuse tenants with bad credit or low income.

The law's main goal is to protect a buyer's or renter's right to look for a home anywhere. It stops sellers, landlords, and real estate agents from discriminating.

Protections for People with Disabilities

The Fair Housing Act protects people with disabilities. A person with a disability is someone with a physical or mental condition that limits major life activities.

Landlords cannot refuse to rent or sell to someone because of their disability. They also cannot deny a person with a disability full access to the home's benefits.

The Act has two key protections for people with disabilities:

Reasonable Modifications: Landlords must allow tenants with disabilities to make changes to their homes. These changes must be at the tenant's own cost. For example, a tenant can install grab bars in a shower. The landlord might ask the tenant to remove these changes when they move out, but not always if it doesn't affect the next tenant.
Reasonable Accommodations: Landlords must make changes to rules or policies if needed. This helps people with disabilities use and enjoy their homes equally. For example, if a building has a "No Pets" rule, it must allow a blind person to have a guide dog. Or, a wheelchair user could ask for an assigned, accessible parking space in a shared lot.

Title X: Anti-Riot Act

This part of the law makes it a federal crime to use interstate travel or communication (like phone calls or the internet) to:

Start a riot.
Organize or promote a riot.
Help someone else do these things.

This part of the law has been used in some cases involving violent rallies. However, some courts have questioned parts of this law. They say some parts might limit freedom of speech.

Changes to the Law

The Fair Housing Act has been strengthened since 1968. In 1988, important changes were made. These changes added people with disabilities and families with children to the groups protected by the Act. This means it became illegal to discriminate against these groups in housing.

Important Court Cases

The Anti-Riot Act (Title I) has been used in court cases. For example, it was used against the Chicago Seven. More recently, it has been used to prosecute people involved in violent rallies, like the Unite the Right rally in 2017. However, some federal courts have ruled that parts of the Anti-Riot Act are unconstitutional because they might limit free speech.

The Fair Housing Act has also been part of many court cases. These cases have helped define how the law is used to fight housing discrimination.

What is the Law's Impact?

In U.S. States

Some states have their own laws that expand on the Fair Housing Act. For example, New York State's Human Rights Law also protects against discrimination based on marital status and age.

New York State Property Law also protects families with children and mobile home parks. This means sellers and renters cannot discriminate based on how many children are in a family. The Fair Housing Act applies to all types of housing, including rental homes, apartments, and houses. One exception is if an owner lives in a small rental building and rents out other units. In this case, they might have more say over who lives there.

Violations of the Fair Housing Act

Even with the law, housing discrimination still happens. Some groups estimate there are millions of cases each year. Researchers have also pointed out that low-income African-American families often receive housing assistance in neighborhoods with worse conditions. These areas might have:

Fewer city services.
Older or rundown homes.
Bad environmental conditions.
Higher crime rates.
Less access to jobs.
Little new investment from public or private groups.

Images for kids

This image shows what accessible housing looks like. It highlights changes residents might make under the Fair Housing Act to make their homes accessible for wheelchair users.