Honoring Dr. King through Service and Study: A Look at Key Civil Rights Legislation
In 1994, the United States Congress passed the King Holiday and Service Act, which transformed Martin Luther King Jr. Day into a day dedicated to volunteer service in honor of Dr. King’s legacy. Since then, the Corporation for National and Community Service (CNCS) has coordinated the annual Martin Luther King Jr. Day of Service, funding independent service projects as well as mobilizing its AmeriCorps members and AmeriCorps Seniors volunteers to serve in various ways in their local communities. The day is now a day “on” rather than a day off.
I served with the AmeriCorps State and National program for nearly two years before I left the program to begin my law teaching career in 2008. My experience with the AmeriCorps program was one of the most rewarding experiences of my life, as I helped to develop and teach new educational programs within the American Red Cross and for the communities they assist.
For current and former AmeriCorps volunteers, MLK Day is a major deal. It’s the only federal holiday designated as a national day of service to encourage all Americans to volunteer to improve their communities. AmeriCorps has been charged with leading this effort for the past quarter century.
To celebrate Martin Luther King Jr. Day, consider examining some of the anti-discrimination legislation in the United States that might appear on the bar exam. Dr. King's efforts were deeply intertwined with legal changes, particularly in areas like voting rights, desegregation, and labor laws.
The Civil Rights Act of 1964
This landmark piece of legislation outlawed discrimination based on race and ethnicity. It was a significant achievement of the civil rights movement. Provisions of the Civil Rights Act barring discrimination in places of public accommodation are proper and valid exercises of commerce power. Remember, too, that racial discrimination policies are examined under strict scouting, i.e., the government has the burden to show that a law is narrowly tailored (or necessary) to achieve a compelling government interest.
Voting Rights Act of 1965
The Voting Rights Act of 1965 was enacted to address and overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote as guaranteed under the 15th Amendment to the U.S. Constitution. Today, all United States citizens who are 18 years of age or older enjoy the right to vote. It extends to all national and state government elections, including primaries. The right is fundamental; thus, restrictions on voting, other than on the basis of age, residency, or citizenship, are invalid unless they can pass strict scrutiny.
Fair Housing Act of 1968
The Fair Housing Act of 1968 bars discrimination based on race, color, religion, national origin, sex, or disability in the sale or rental of a dwelling.
One MEE question (July 2020 Question 6) specifically asked examinees to determine whether a property owner violated the Fair Housing Act by refusing to rent to men and lawyers. The fact pattern included the following language in an advertisement in the local newspaper: “Two 2-bedroom apartments for rent. Only professional women (but not lawyers) need apply.” The facts also indicated that the owner told prospective male renters that’s she “[does] not rent to men.”
In this situation, the owner’s refusal to rent to men and her statements to the men that she didn’t rent to men were discriminatory under the Act. Nonetheless, there is no liability for this behavior. The Act doesn’t prohibit discrimination based on occupation. Thus, the owner’s refusal to rent to lawyers didn’t violate the Act.
The same MEE question further asked whether the owner or the newspaper publisher violated the Fair Housing Act by publishing the owner’s rental advertisement. The answer is that both (the owner and the newspaper publisher) violated the Act, which, in part, makes it unlawful to publish any advertisement with respect to the sale or rental of property that discriminates on the basis of race, color, religion, sex, handicap, familial status, or national origin.
On Martin Luther King Jr. Day, as we reflect on the civil rights movement's enduring legacy, reviewing anti-discrimination legislation is not only a fitting tribute but also a strategic preparation for the bar exam.
