Civil Rights Act of 1968
The Civil Rights Act of 1968 is a significant piece of legislation in the United States that aimed to combat discrimination in housing. Following earlier civil rights laws, this act was championed by prominent leaders, including Martin Luther King, Jr., and President Lyndon B. Johnson, in response to widespread discriminatory practices such as redlining, which restricted minorities to specific neighborhoods. Despite facing substantial opposition from various groups, including real estate agents and southern Republicans, the act ultimately prohibited discrimination based on race, religion, or national origin in the sale and rental of housing.
In addition to its focus on housing, the law included provisions that addressed the rights of Native Americans, extending protections that were previously lacking in earlier civil rights legislation. The act's passage was hastened by the tragic assassination of Martin Luther King, Jr., which galvanized public support for the bill. Although enforcement proved challenging, the law set the groundwork for more comprehensive housing legislation in subsequent years and reflected ongoing societal tensions related to civil rights and racial equality. The Civil Rights Act of 1968 remains a key milestone in the ongoing struggle for fair housing and equal treatment in the United States.
Civil Rights Act of 1968
Sometimes called the Fair Housing Act or “Indian Bill of Rights.” This federal legislation, somewhat of an omnibus bill, includes provisions dealing with riots, rights of American Indians, fair housing, and civil disorders.
Origins and History
Following the passage of civil rights legislation in 1960, 1964, and 1965, the Reverend Martin Luther King, Jr., leader of the Southern Christian Leadership Conference, led demonstrations in Chicago in 1966 pushing for a federal law to prohibit discrimination in housing a practice that knew no regional or geographic boundaries in the United States. Banks, real estate agents, sales agents, and landlords had routinely discriminated against minorities in the sale and rental of housing units and the granting of home loans for many years. Throughout the nation, certain neighborhoods were designated as minority housing areas in a practice known as “redlining,” making it difficult for minorities to obtain housing outside these specified districts.
Proponents of national fair housing standards included King, President Lyndon B. Johnson, the National Association for the Advancement of Colored People (NAACP), liberal Democrats in the Senate, and civil rights activists. Opposition to such legislation was widespread and included many southern Republicans, private citizens, real estate agents, bankers, and landlords. They believed that because houses and apartments were privately owned, the owners were entitled to determine who rented or purchased housing and in what neighborhoods. To appease this considerable opposition, certain types of houses and apartments were exempted; however, the law still covered about 80 percent of the nation’s housing units.
To secure passage of the fair housing provision, supporters accepted the inclusion of a section that made it a crime to cross state lines in order to incite a “riot.” This antiriot section was designed to control political activists, particularly those associated with the Black Power movement, which some people held responsible for the race riots in many cities across the country in the late 1960’s.
When legislators realized that Native Americans were not specifically covered by any of the previously passed civil rights legislation, they decided to include them in this law. The 1968 Civil Rights Act extended the federal Bill of Rights and previously passed civil rights legislation to Native Americans who lived on reservations. Non-Indians enthusiastically supported these provisions, but many Native Americans viewed the Indian Bill of Rights with suspicion because they feared that additional federal legislation could interfere with traditional tribal customs and even undermine claims of tribal sovereignty.
In the Senate, Minority Leader Everett Dirksen, in exchange for some minor modifications of the bill, helped prevent a filibuster by southern senators and enabled the bill to pass the Senate on March 11, 1968. King’s assassination on April 4 created support for the bill, which passed the House of Representatives and was signed into law on April 11.
Impact
The Civil Rights Act of 1968 outlawed discrimination on the basis of race, religion, or national origin in the sale, rental, advertising, and financing of housing. Although hard to enforce, the act led to the passage of more specific and stricter federal housing legislation in the 1970’s. The provisions regarding Native Americans did not harm their claims of tribal sovereignty and led to more legislation for Indians during the presidency of Richard M. Nixon. The antiriot section initially calmed many Americans’ fears of additional race riots, although it seemed unnecessary as the nation’s attention turned to concerns about the Vietnam War.
Additional Information
Federal Civil Rights Acts (1994), by Rodney A. Smolla and Chester James Antieau, discusses the politics of passing the bill and sets the law within its historical context.