Editing Civil Rights Act (section)

===Legislative history and components ===
[[File:lbjsigningbill.jpg|thumb|250px|President Johnson signing the Civil Rights Act of 1968]]
In 1966, President Johnson proposed a new civil rights bill, but it was not passed through by the Senate.<ref>{{cite news |title=Text of President's Civil Rights Message to Congress Asking Open Housing Law; Johnson Appeals for Justice for Negroes |id={{ProQuest|117690947}} |url=https://www.nytimes.com/1967/02/16/archives/text-of-presidents-civil-rights-message-to-congress-asking-open.html |work=The New York Times |date=16 February 1967 }}</ref> On February 17, 1967, the bill was introduced in the House by Rep. Manny Celler and in the Senate by Senator Philip A. Hart.<ref>{{Cite news|date=17 February 1967|title=President Proposes Broad Civil Rights Legislation|page=239|work=Congressional Quarterly}}</ref>

The House Judiciary Committee cleared HR 2516 (civil rights bill) and HR 10805 (extended life of Civil Rights Commission for another five years). House Judiciary Subcommittee No. 5 June 22 approved a package combining HR 2516 and HR 421 (Administration bill) in order to strengthen protections for civil rights workers.<ref>{{Cite news|date=30 June 1967|title=Civil Rights Legislation|page=1113|work=Congressional Quarterly}}</ref>

The initial vote in the [[United States House of Representatives|House of Representatives]] was 327–92 (161–25 in the [[House Republican Conference]] and 166–67 in the [[House Democratic Caucus]]) with 12 members voting present or abstaining,<ref>{{cite web|title=TO PASS H.R. 2516, A BILL TO ESTABLISH PENALTIES FOR INTERFERENCE WITH CIVIL RIGHTS. INTERFERENCE WITH A PERSON ENGAGED IN ONE OF THE 8 ACTIVITIES PROTECTED UNDER THIS BILL MUST BE RACIALLY MOTIVATED TO INCUR THE BILL'S PENALTIES.|url=https://www.govtrack.us/congress/votes/90-1967/h113}}</ref> while in the [[United States Senate|Senate]] the final vote with amendments was 71–20 (29–3 in the [[Senate Republican Conference]] and 42–17 in the [[Senate Democratic Caucus]]) with 5 members voting present or abstaining.<ref>{{cite web|title=TO PASS H.R. 2516, A BILL TO PROHIBIT DISCRIMINATION IN SALE OR RENTAL OF HOUSING, AND TO PROHIBIT RACIALLY MOTIVATED INTERFERENCE WITH A PERSON EXERCISING HIS CIVIL RIGHTS, AND FOR OTHER PURPOSES.|url=https://www.govtrack.us/congress/votes/90-1968/s346}}</ref> The House agreed to the Senate amendments by a vote of 250–172 (100–84 in the House Republican Conference and 150–88 in the House Democratic Caucus) with 10 members voting present or abstaining.<ref>{{cite web|title=TO PASS H. RES. 1100, A RESOLUTION PROVIDING THAT IMMEDIATELY ON THE ADOPTION OF THIS RESOLUTION, THE BILL (H.R. 2516) PRESCRIBING PENALTIES FOR INTERFERING WITH ANY PERSON IN THE PERFORMANCE OF HIS CIVIL RIGHTS, AND MAKING CERTAIN ANTIRIOT LEGISLATION, SHALL, TOGETHER WITH A SENATE AMENDMENT THERETO, PROVIDING PENALTIES FOR DISCRIMINATION IN THE SALE OR RENT OF HOUSING, BE TAKEN FROM THE SPEAKER'S TABLE, TO THE END THAT SAID AMENDMENT IS AGREED TO.|url=https://www.govtrack.us/congress/votes/90-1968/h295}}</ref>

Bill H.R. 2516 was passed by the [[90th United States Congress]] and signed by the [[List of presidents of the United States|36th]] [[President of the United States]], [[Lyndon B. Johnson]] on April 11, 1968.<ref>{{cite web |url= http://www.presidency.ucsb.edu/ws/?pid=28799 |title= Lyndon B. Johnson: "Remarks Upon Signing the Civil Rights Act.," April 11, 1968 |author1= Peters, Gerhard |author2= Woolley, John T |publisher= University of California - Santa Barbara |work= The American Presidency Project |access-date= May 19, 2019 |archive-url= https://web.archive.org/web/20170305002034/http://www.presidency.ucsb.edu/ws/?pid=28799 |archive-date= March 5, 2017 |url-status= live }}</ref>

====Title I: Hate crimes====
{{further|Hate crime laws in the United States}}

The Civil Rights Act of 1968 also enacted {{UnitedStatesCode|18|249}}(b)(2), which permits federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin"<ref>{{Cite web|url=https://www.justice.gov/crt/crim/245.php|archive-url=https://web.archive.org/web/20110101133706/http://www.justice.gov/crt/crim/245.php|url-status=dead|archive-date=2011-01-01|title=Civil Rights Division Home Page|date=2011-01-01|access-date=2019-07-17}}</ref> because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.

Persons violating this law face a fine or imprisonment of up to one year or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the [[death penalty]].<ref>{{cite web |title=Civil Rights Statutes |url=https://www.fbi.gov/hq/cid/civilrights/statutes.htm |url-status=dead |archive-url=https://web.archive.org/web/20100914205918/http://www.fbi.gov/hq/cid/civilrights/statutes.htm |archive-date=2010-09-14 }}</ref>

Though sexual orientation and gender identity were also excluded from this law, they are included in a more recent Federal hate-crime law, the [[Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act]].

====Title II–VII: Indian Civil Rights Act====
The Indian Civil Rights Act of 1968 granted Native Americans full access to the United States Bill of Rights. The first minor section focuses on re-establishing amendments now granted to Native Americans. The main portion of the section focuses on Native Americans in the United States legal system. The last section of this act points out other materials related to more constitutional rights of Native Americans, such as the "Indian Affairs, Laws and Treaties" doctrine.

====Title VIII–IX: Fair Housing Act====
=====Housing discrimination=====
{{further|Housing discrimination in the United States}}

Title VIII of the Civil Rights Act of 1968 is commonly referred to as the Fair Housing Act of 1968. Since 1968 its protections have been expanded significantly by amendment.  The [[Office of Fair Housing and Equal Opportunity]] within the [[U.S. Department of Housing and Urban Development]] is charged with administering and enforcing this law.

=====Types of banned discrimination=====
[[File:Accessible Housing for Wheelchair Users.jpg|thumb|This shows what accessible housing looks like and some of the changes residents might make under the Fair Housing Act to make their living units accessible]]
The Civil Rights Act of 1968 prohibited the following forms of [[Housing discrimination in the United States|housing discrimination]]:

* Refusal to sell or rent a dwelling to any person because of their race, color, religion or national origin.  Discrimination on the basis of sex was added in 1974, and people with disabilities and families with children were added to the list of protected classes in 1988.<ref name="fairhousing.com">{{cite web |url=http://www.fairhousing.com/include/media/pdf/35years.pdf |title=Archived copy |access-date=2010-12-23 |url-status=dead |archive-url=https://web.archive.org/web/20101216232015/http://fairhousing.com/include/media/pdf/35years.pdf |archive-date=2010-12-16 }}</ref>
* Discrimination against a person in the terms, conditions or privilege of the sale or rental of a dwelling.
* Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin.  This provision was also amended to include sex, disability, and having children.<ref name="fairhousing.com">{{cite web |url=http://www.fairhousing.com/include/media/pdf/35years.pdf |title=Archived copy |access-date=2010-12-23 |url-status=dead |archive-url=https://web.archive.org/web/20101216232015/http://fairhousing.com/include/media/pdf/35years.pdf |archive-date=2010-12-16 }}</ref>
* Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.
* Neglecting maintenance and repairs of the units rented by people based on race, religion, sex, or any other discriminatory demographic.
* Restricting access to services and amenities on the basis of the renter's race, gender, religion, or nationality.<ref>{{Cite web|url=https://www.thebalancesmb.com/what-is-the-federal-fair-housing-act-2125014|title=How the Fair Housing Act Prevents Discrimination|last=Eberlin|first=Erin|website=The Balance Small Business|language=en|access-date=2020-02-18}}</ref>
* In 2012, the United States Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity issued a regulation prohibiting LGBT discrimination in federally assisted housing programs.<ref>[https://www.hud.gov/LGBT_resources HUD LGBTQ Resources]</ref> The Supreme Court ruled in 2020 that discrimination on the basis of "sex" includes discrimination on the basis of sexual orientation and gender identity.<ref>{{crossreference|[[Bostock v. Clayton County]].}}</ref><ref>{{crossreference|[[R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission]].}}</ref><ref>{{Cite web|url=https://www.fairhousinginstitute.com/supreme-courts-ruling-sexual-orientation-and-gender-identity/|title=The Supreme Court's Ruling on Sexual Orientation and Gender Identity|last=Fair Housing Institute|language=en|access-date=2021-01-29}}</ref><ref>{{Cite web|url=https://www.jdsupra.com/legalnews/fair-housing-act-prohibits-lgbtq-43918/|title=Fair Housing Act Prohibits LGBTQ Discrimination|last=Whitman|first=Elizabeth|language=en|access-date=2021-01-29}}</ref> It was not until February 2021 that Housing and Urban Development issued a rule change under President Joe Biden to implement this decision.<ref>{{cite web |title=Biden administration extends fair housing protections to LGBTQ Americans Politics |date=2021-02-11 |website=[[CNN]] |archive-url=https://web.archive.org/web/20220808130907/https://www.cnn.com/2021/02/11/politics/biden-administration-lgbtq-housing-protections/index.html |archive-date=2022-08-08 |url-status=live |url=https://www.cnn.com/2021/02/11/politics/biden-administration-lgbtq-housing-protections/index.html}}</ref> In addition, many states,<ref>{{Cite web|url=https://www.hud.gov/program_offices/fair_housing_equal_opp/housing_discrimination_and_persons_identifying_lgbtq#_State%20and%20Local%20Laws|title=Housing Discrimination and Persons Identifying as LGBTQ|website=HUD.gov}}</ref> cities and towns have passed laws prohibiting discrimination in housing based on sexual orientation and gender identity.

=====Types of allowed discrimination=====
Only certain kinds of discrimination are covered by fair housing laws. Landlords are not required by law to rent to any tenant who applies for a property. Landlords can select tenants based on objective business criteria, such as the applicant's ability to pay the rent and take care of the property. Landlords can lawfully discriminate against tenants with bad credit histories or low incomes, and (except in some areas) do not have to rent to tenants who will be receiving [[Section 8 (housing)|Section 8 vouchers]]. Landlords must be consistent in the screening, treat tenants who are inside and outside the protected classes in the same manner, and should document any legitimate business reason for not renting to a prospective tenant.{{citation needed|date=April 2013}}

The [[United States Department of Housing and Urban Development]] has stated that buyers and renters may discriminate and may request real estate agents representing them to limit home searches to parameters that are discriminatory.<ref>letter from HUD to Jill D. Levine, Esq. dated 10-02-1996 http://www.reintel.com/letters.htm {{Webarchive|url=https://web.archive.org/web/20080222084802/http://www.reintel.com/letters.htm |date=February 22, 2008 }}</ref> The primary purpose of the Fair Housing Act is to protect the buyer's (and renter's) right to seek a dwelling anywhere they choose. It protects the buyer's right to discriminate by prohibiting certain discriminatory acts by sellers, landlords, and real estate agents.

===== People with disabilities =====
The Fair Housing Act defines a person with a disability in the same manner as the Americans with Disabilities Act – "a person with a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment."<ref>Fair Housing Act Amendments Regulations. 24 CFR § 100.201</ref><ref>{{Cite web|url=https://www.law.cornell.edu/cfr/text/24/100.201|title = 24 CFR § 100.201 - Definitions}}</ref>

The Fair Housing Act provides several specific protections for buyers and tenants with disabilities. Landlords and sellers cannot make a dwelling unit unavailable or deny a dwelling to a buyer or renter because of their disability or the disability of any person who intends to reside in the dwelling or because of the disability of anyone with whom they are associated. Landlords cannot deny a person with a disability all of the privileges provided in connection with the dwelling, because of the person's disability.<ref>Fair Housing Act Amendments Regulations. 24 CFR § 100.202</ref><ref>{{Cite web|url=https://www.law.cornell.edu/cfr/text/24/100.202|title = 24 CFR § 100.202 - General prohibitions against discrimination because of handicap}}</ref>

The Fair Housing Act (FHA) provides some specific protections for people with disabilities that facilitate independence and community living. First, the FHA allows tenants to make reasonable modifications to the existing premises. It makes it illegal for landlords to not allow people with disabilities to make reasonable modifications to the premises, at their own expense, if they need the modification to have full enjoyment of the premises. For example, an individual with a disability may require grab bars installed in order to have access to take a shower. The landlord must allow the tenant to install the grab bars to allow access to take a shower. However, technically, the landlord may require the tenant remove the grab bars at the end of the tenancy, at the tenant's own expense. However, the regulations specify that in rental housing, a landlord may not condition widening a bathroom doorway to provide wheelchair access, to its return to its former narrow state upon the end of the tenancy, since it will not interfere with the next tenants use and enjoyment of the premises.<ref>Fair Housing Act Amendments Regulations. 24 CFR § 100.203</ref><ref>{{Cite web|url=https://www.law.cornell.edu/cfr/text/24/100.203|title = 24 CFR § 100.203 - Reasonable modifications of existing premises}}</ref>

The second protection offered by the FHA includes the requirement that no one can refuse to make reasonable accommodations to "rules, policies, practices, or services, when the accommodation is necessary to afford" a person with a disability "equal opportunity to use and enjoy a dwelling unit," including the amenities of the dwelling, which may involve common areas. For example, a building with a "No Pets" policy would violate the FHA if it did not allow a blind person to have their seeing eye dog live with them as a reasonable accommodation to the policy. Similarly, a wheelchair user could request an assigned, accessible parking space as a reasonable accommodation in a "first come first serve" parking lot attached to an apartment complex.<ref>Fair Housing Act Amendments Regulations. 24 CFR § 100.204</ref><ref>{{Cite web|url=https://www.law.cornell.edu/cfr/text/24/100.204|title = 24 CFR § 100.204 - Reasonable accommodations}}</ref>

====Title X: Anti-Riot Act====
The Act included the "Anti-Riot Act," enacted at {{UnitedStatesCode|18|2101}} (with its key terms, "riot" and "incite a riot," defined in {{UnitedStatesCode|18|2102}}), which makes it a federal crime to use interstate or foreign commerce routes or facilities (such as by crossing state lines or through mail, use of the Internet, or phone calls) to incite a riot, organize, promote or participate in a riot or to extend activities of a riot, or to aid and abet any person performing such activities. The provision has been informally referred to as the "H. Rap Brown Law" since the arrest and trial of [[H. Rap Brown]] in 1967 for carrying a gun across state lines.<ref>{{Cite web |url=https://todayinclh.com/?event=congress-passes-anti-riot-act |title=Congress Passes Anti-Riot Act |date=June 12, 2013 |access-date=June 5, 2019 |archive-url=https://web.archive.org/web/20190616122230/https://todayinclh.com/?event=congress-passes-anti-riot-act |archive-date=June 16, 2019 |url-status=live }}</ref> Rulings by the [[United States Court of Appeals for the Fourth Circuit|4th Circuit]] in 2020 and [[United States Court of Appeals for the Ninth Circuit|9th Circuit]] in 2021 struck down in those circuits the portions of the law which prohibit "urging" a riot on the grounds of [[freedom of speech]], leaving in place bans on inciting and participation in riots.<ref>{{cite web |last1=Gerstein |first1=Josh |title=Court pares back federal Anti-Riot Act |url=https://www.politico.com/news/2020/08/24/court-pares-back-federal-anti-riot-act-400999 |website=Politico |date=August 24, 2020 |access-date=4 March 2021}}</ref><ref>{{cite web |last1=Gerstein |first1=Josh |title=Court narrows law used to target white supremacists |url=https://www.politico.com/news/2021/03/04/federal-court-law-white-supremacists-473660 |website=Politico |date=March 4, 2021 |access-date=4 March 2021}}</ref>