Matthew Shepard Foundation ~ emabracing diversity
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ER CR Initative


WHAT ARE CIVIL RIGHTS?

Civil rights can refer to protection against public (government) and or private sector discrimination. In the United States, the Fourteenth Amendment to the United States Constitution protects citizens against many forms of State discrimination, with its due process and equal protection requirements. Civil rights can also refer to protection against private actors or entities. The U.S. Congress subsequently addressed the issue through the Civil Rights Act of 1964 Sec. 201. which states: (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin or sex. This legislation and the Americans with Disabilities Act of 1990 are constitutional under the Commerce Clause, as the Supreme Court has ruled that the Fourteenth Amendment only applies to the State. States generally have the power to enact similar legislation, provided that they meet the federal minimum standard, under the doctrine of police powers.


The terms civil rights and civil liberties are often used interchangeably in the United States. Thomas Jefferson wrote, "a free people [claim] their rights aived from the laws of nature, and not as the gift of their chief magistrate."


The United States Constitution recognizes different civil rights than do most other national constitutions. Two examples of civil rights found in the US but rarely (if ever) elsewhere are the right to bear arms (Second Amendment to the United States Constitution) and the right to a jury trial (Sixth Amendment to the United States Constitution). Few nations, not even including a world organization body such as the United Nations, have recognized either of these civil rights. Many nations recognize an individual's civil right to not be executed for murdering another, a civil right not recognized within the US.

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