50th Anniversary of the Civil Rights Act
discrimination was barred by the CRA in cases like Griggs
v. Duke Power Co., Pittsburgh Press Company. Other cases
have been brought over the years, however the number has
significantly decreased; therefore, we look next to what the
future of civil rights litigation holds.
The Future of Civil Rights in Atlanta
How has the Civil Rights Movement changed for Atlanta and
the United States as a whole? What will the future hold? The
Atlanta Lawyer asked local legal experts for their perspectives.
Professor Lauren Sudeall Lucas, Georgia State University
College of Law:
“The passage of the Civil Rights Act was critical to combating
discrimination in so many aspects of American society. While
in some ways, discrimination at that time (in the era of the
Act’s passage) was more overt, it is still very real today –
both for those groups protected by the Act and those that
have been excluded (like those discriminated against on the
basis of their sexual orientation or gender identity). We live
in a world, however, where many have started to believe that
we have moved or are moving beyond discrimination, and
racial discrimination in particular (a “post-racial” society). In
Shelby County, for example, the Court suggested that “our
country has changed,” holding that the current state of racial
discrimination could no longer justify portions of the Voting
Rights Act.
In the context of the same-sex marriage debate, many have
focused on the question whether the better strategy is to focus
on legislatures or the courts. The answer may ultimately be
that it should be a battle fought on multiple fronts.
Gerry Weber, Senior Counsel, Southern Center for Human
Rights:
“The divide between a right and a remedy in civil rights law is
widening. A citizen may have his or her constitutional rights
violated, but the individual government employee who causes
the harm is given broadening latitude to claim “qualified
immunity” – that the constitutional law, while violated, was
gray. Likewise, the hurdles and standards for establishing
liability for the government itself – “policy or practice” – has
become such a labyrinth, that several justices have suggested
the court should revisit the whole framework. The problem
becomes particularly acute where police practices target
categories of persons, and a lawsuit aims to use injunctive
relief to target such practices.
Yet, despite all the hoops and hurdles, growing ever more
complicated and daunting, there are paths to reach the justice
goal line. The primary vehicle in civil rights litig