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Civil Rights Restoration Act of 1987

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Civil Rights Restoration Act of 1987
Great Seal of the United States
Long titleAn Act to restore the broad scope of coverage and to clarify the application of title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and title VI of the Civil Rights Act of 1964
NicknamesGrove City Bill
Enacted bythe 100th United States Congress
Citations
Public lawPub. L. 100–259
Statutes at Large102 Stat. 28
Codification
Acts amendedCivil Rights Act of 1964
Education Amendments of 1972
Rehabilitation Act of 1973
Age Discrimination Act of 1975
Legislative history

The Civil Rights Restoration Act of 1987, or Grove City Bill, is a United States legislative act that specifies that entities receiving federal funds must comply with civil rights legislation in all of their operations, not just in the program or activity that received the funding. The Act overturned the precedent set by the Supreme Court decision in Grove City College v. Bell, 465 U.S. 555 (1984), which held that only the particular program in an educational institution receiving federal financial assistance was required to comply with the anti-discrimination provisions of Title IX of the Education Amendments of 1972, not the institution as a whole.[1][2]

Background

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The Act was proposed as a response to the Grove City College v. Bell Supreme Court decision in 1984. The decision held that only the particular program in an educational institution receiving federal financial assistance was required to comply with anti-discrimination provisions of Title IX. This decision created loopholes for educational institutions to continue discriminatory practices in other areas, which had a significant impact on minority communities, women, and people with disabilities.

Legislative history

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The Act was first passed by the House in June 1984 (375–32) but stalled for several years after divisions over its potential effects on Title IX regulations prohibiting discrimination relating to abortion impeded the effectiveness of a civil rights coalition.[3] In January 1988, the Senate accepted an amendment by Senator John Danforth (R-MO). He is described as "abortion neutral" and clarified that the Act does not impose a requirement for entities receiving federal funding to pay or provide for abortions and that it prohibits discrimination against women who use or seek abortion services.[4][5] The amendment was opposed by the National Organization for Women and other pro-choice groups but ultimately resulted in passage of the bill in both the House and the Senate.[6]

The final vote in the Senate, on January 28, 1988, was 75–14 (48–0 in the Senate Democratic Caucus and 27–14 in the Senate Republican Conference), with 11 members voting present or abstaining.[7] The final vote in the House of Representatives on March 2, 1988, was 315–98 (242–4 in the House Democratic Caucus and 73–94 in the House Republican Conference) with 20 members voting present or abstaining.[8]

On March 16, 1988, President Ronald Reagan vetoed the bill by arguing that the Act represented an overexpansion of governmental power over private organizational decision-making and "would diminish substantially the freedom and independence of religious institutions in our society."[9][10] On March 22, 1988, the Senate overrode Reagan's veto by a vote of 73–24 (52–0 in the Senate Democratic Caucus and 21–24 in the Senate Republican Conference) with 3 members voting present or abstaining.[11] On the same day, the House voted in favor of the bill with a vote of 292–133 (240–10 in the House Democratic Caucus and 52–123 in the House Republican Conference), with 7 members voting present or abstaining.[12] Reagan's veto was the first veto of a civil rights act since Andrew Johnson vetoed the Civil Rights Act of 1866[citation needed].

Provisions

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In addition to Title IX of the Education Amendments of 1972 (which prohibits sex discrimination in educational institutions), the Act applies to the Rehabilitation Act of 1973 (which prohibits discrimination on the basis of disability), Title VI of the Civil Rights Act of 1964 (which prohibits racial discrimination), and the Age Discrimination in Employment Act of 1967 (which prohibits age discrimination in employment).

With the passage of the act, educational institutions receiving any federal funding were required to comply with all federal civil rights laws, including those relating to gender, race, and disability, throughout the institution (not only in the parts of the institution receiving the funding). The act also extended protection against discrimination in educational institutions to a wider range of individuals, including students, faculty, and staff.

Sources

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  1. ^ Weldon, Ward (1990). "Effects of the 1987 Civil Rights Restoration Act on Educational Policy and Practice". The Journal of Negro Education. 59 (2): 155–164. doi:10.2307/2295641. ISSN 0022-2984. JSTOR 2295641.
  2. ^ "Grove City Coll. v. Bell, 465 U.S. 555 (1984)". Justia Law. Retrieved April 22, 2022.
  3. ^ Graham, Hugh Davis (1998). "The Storm Over Grove City College: Civil Rights Regulation, Higher Education, and the Reagan Administration". History of Education Quarterly. 38 (2): 419. doi:10.2307/369849. JSTOR 369849. S2CID 143825348.
  4. ^ Kennedy, Edward M. (March 22, 1988). "S.557 - 100th Congress (1987-1988): Civil Rights Restoration Act of 1987". www.congress.gov. Retrieved April 22, 2022.
  5. ^ Annas, George J. (1989). "At Law: Webster and the Politics of Abortion". The Hastings Center Report. 19 (2): 36–38. doi:10.2307/3563138. ISSN 0093-0334. JSTOR 3563138.
  6. ^ "Senate Passes Civil Rights Bill with Abortion-Limiting Amendment". AP NEWS. Retrieved April 22, 2022.
  7. ^ "TO PASS S 557, CIVIL RIGHTS RESTORATION ACT, A BILL TO RESTORE THE BROAD COVERAGE AND CLARIFY FOUR CIVIL RIGHTS LAWS BY PROVIDING THAT IF ONE PART OF AN INSTITUTION IS FEDERALLY FUNDED, THEN THE ENTIRE INSTITUTION MUST NOT DISCRIMINATE".
  8. ^ "TO PASS S 557, CIVIL RIGHTS RESTORATION ACT, A BILL TO RESTORE THE BROAD COVERAGE AND CLARIFY FOUR CIVIL RIGHTS LAWS BY PROVIDING THAT IF ONE PART OF AN INSTITUTION IS FEDERALLY- FUNDED, THEN THE ENTIRE INSTITUTION MUST NOT DISCRIMINATE".
  9. ^ Marcus, Ruth; Dewar, Helen (March 17, 1988). "REAGAN VETOES CIVIL RIGHTS RESTORATION ACT". Washington Post. ISSN 0190-8286. Retrieved April 22, 2022.
  10. ^ Kennedy, Edward M. (March 22, 1988). "Actions - S.557 - 100th Congress (1987-1988): Civil Rights Restoration Act of 1987". www.congress.gov. Retrieved April 22, 2022.
  11. ^ "TO ADOPT, OVER THE PRESIDENT'S VETO OF S 557, CIVIL RIGHTS RESTORATION ACT, A BILL TO RESTORE BROAD COVERAGE OF FOUR CIVIL RIGHTS LAWS BY DECLARING THAT IF ONE PART OF AN INSTITUTION RECEIVES FEDERAL FUNDS, THEN THE ENTIRE INSTITUTION MUST NOT DISCRIMINATE. TWO-THIRDS OF THE SENATE, HAVING VOTED IN THE AFFIRMATIVE, OVERRODE THE PRESIDENTIAL VETO".
  12. ^ "TO PASS, OVER PRESIDENT REAGAN'S VETO, S 557, CIVIL RIGHTS RESTORATION ACT, A BILL TO RESTORE BROAD COVERAGE OF FOUR CIVIL RIGHTS LAWS BY DECLARING THAT IF ONE PART OF AN INSTITUTION RECEIVES FEDERAL FUNDS, The civil rights was a huge part in the world and what we are today. IT was truly memorable !! VETO OVERRIDDEN; TWO-THIRDS OF THOSE PRESENT VOTING IN FAVOR".

Further reading

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