The State of Civil Rights: A Five-Year Retrospective (2020-2025)

Michael J Donovan, PhD

2/2/202612 min read

person holding blue and brown wooden signage
person holding blue and brown wooden signage

The past five years have witnessed a profound transformation in the American civil rights landscape. From the streets of Minneapolis to the chambers of the Supreme Court, from corporate boardrooms to college campuses, questions of equality, justice, and human dignity have dominated our national conversation with an intensity not seen since the 1960s. This period has been marked by both unprecedented mobilization and deep polarization, legislative victories and setbacks, and a fundamental reckoning with how we understand rights, identity, and belonging in contemporary America.

The Summer of 2020: A Catalyst for Change

The murder of George Floyd on May 25, 2020, became a defining moment that catalyzed the largest civil rights movement in American history. The video of former Minneapolis police officer Derek Chauvin kneeling on Floyd's neck for over nine minutes sparked protests in all fifty states and dozens of countries worldwide. An estimated 15 to 26 million people participated in Black Lives Matter demonstrations in the United States alone during the summer of 2020, making it arguably the largest movement in the nation's history.

The movement's demands extended beyond individual accountability to systemic reform. Activists called for defunding or reimagining policing, eliminating qualified immunity for law enforcement officers, investing in community resources, and addressing the broader structures of racial inequality in housing, education, healthcare, and employment. The phrase "defund the police" became both a rallying cry and a political flashpoint, with supporters arguing for reallocating resources to social services and critics characterizing it as radical and dangerous.

This period saw tangible policy responses. Minneapolis itself moved to disband its police department and create a new public safety model, though voters ultimately rejected this proposal in 2021. Cities across the country banned chokeholds, required body cameras, and implemented new use-of-force policies. Several states passed laws limiting qualified immunity or creating new oversight mechanisms for law enforcement. The George Floyd Justice in Policing Act passed the House of Representatives in 2020 and again in 2021, though it stalled in the Senate, reflecting the deep partisan divisions on police reform.

Voting Rights Under Siege

The struggle for voting rights emerged as perhaps the most contentious civil rights battleground of this period. Following the 2020 presidential election and the January 6, 2021, attack on the Capitol, Republican-controlled state legislatures passed a wave of voting restrictions that civil rights advocates characterized as the most significant assault on voting rights since the Jim Crow era.

Between January 2021 and mid-2022, at least 18 states enacted 34 laws restricting access to voting, according to the Brennan Center for Justice. These measures included stricter voter ID requirements, limitations on mail-in voting, reduced early voting periods, restrictions on ballot drop boxes, and provisions making it easier to purge voter rolls. Proponents argued these measures were necessary to ensure election integrity and restore public confidence in elections, while opponents contended they were solutions in search of a problem, designed to suppress turnout among minority, young, and low-income voters.

The debate over voting rights took on heightened urgency against the backdrop of persistent false claims about the 2020 election and ongoing efforts to reshape election administration. Some states passed laws transferring power over election processes from nonpartisan officials to partisan legislatures or creating new criminal penalties for election workers.

Democrats in Congress attempted to counter these state-level restrictions with federal legislation. The For the People Act and the John Lewis Voting Rights Advancement Act both passed the House but failed in the Senate, where they could not overcome the filibuster. The failure of these bills represented a significant defeat for civil rights advocates who had hoped to restore key protections that were weakened when the Supreme Court gutted the Voting Rights Act in the 2013 Shelby County v. Holder decision.

The Supreme Court's Rightward Shift

The Supreme Court's composition shifted dramatically during this period, with the appointment of three conservative justices creating a 6-3 conservative majority that has reshaped civil rights jurisprudence across multiple domains.

In 2022, the Court's decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, eliminating the constitutional right to abortion that had existed for nearly fifty years. The decision represented a seismic shift not just in reproductive rights but in the Court's approach to unenumerated constitutional rights and precedent. Justice Alito's majority opinion argued that abortion rights lacked deep roots in American history and tradition, a framework that civil rights advocates worried could be applied to undermine other rights, including contraception, same-sex marriage, and intimate privacy.

The practical impact was immediate and profound. Trigger laws in multiple states immediately banned or severely restricted abortion access, creating a patchwork of rights that varied dramatically by geography. Women in states with bans faced the choice of traveling hundreds of miles to obtain care or carrying unwanted pregnancies to term. The decision disproportionately affected low-income women and women of color, who had less ability to travel across state lines for care.

The Court also issued several decisions that civil rights advocates viewed as setbacks for racial justice. In Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (2023), the Court struck down affirmative action in college admissions, ruling that race-conscious admissions policies violated the Equal Protection Clause. Chief Justice Roberts's majority opinion declared that the programs lacked sufficiently focused and measurable objectives, employed race in a negative manner, and lacked meaningful end points. Justice Sotomayor's dissent warned that the decision would entrench racial inequality by making it harder for universities to create diverse student bodies.

Additional decisions limited the federal government's ability to address discrimination in other contexts. The Court narrowed the scope of the Voting Rights Act, made it harder to prove discriminatory intent in housing and employment cases, and expanded religious exemptions that could conflict with civil rights protections for LGBTQ+ individuals.

LGBTQ+ Rights: Progress and Backlash

The past five years have witnessed both significant advances and fierce backlash regarding LGBTQ+ rights, particularly concerning transgender individuals.

On the positive side, President Biden signed the Respect for Marriage Act in December 2022, providing federal recognition for same-sex marriages and requiring states to recognize such marriages performed in other states. The bipartisan legislation was a response to concerns that the Supreme Court might overturn its 2015 Obergefell v. Hodges decision legalizing same-sex marriage nationwide. The law represented a remarkable evolution in public opinion, with many Republicans joining Democrats in supporting marriage equality.

However, this period also saw an unprecedented wave of state legislation targeting transgender rights, particularly regarding youth. By 2023, more than 20 states had passed laws restricting or banning gender-affirming medical care for transgender minors. These laws prohibited treatments including puberty blockers, hormone therapy, and surgeries, with supporters arguing they were protecting children from irreversible decisions and opponents contending they denied necessary medical care supported by major medical associations.

The targeting of transgender youth extended to other domains. Numerous states passed laws banning transgender girls and women from participating in school sports consistent with their gender identity. Legislation restricting discussion of gender identity and sexual orientation in schools, often termed "Don't Say Gay" laws by critics, proliferated in multiple states. Drag performances became another flashpoint, with some states attempting to restrict or ban drag shows, particularly those accessible to minors.

The broader cultural battle over transgender rights became intensely polarized, with debates over pronouns, bathroom access, and age-appropriate education becoming proxy battles in a larger conflict over gender, identity, and parental rights. Civil rights organizations warned that this rhetoric contributed to increased violence and discrimination against transgender individuals, while conservative activists argued they were defending traditional values and protecting children.

Economic Justice and Inequality

Economic inequality emerged as a central civil rights concern during this period, particularly as the COVID-19 pandemic exposed and exacerbated existing disparities. The pandemic's economic impact fell disproportionately on communities of color, with Black and Latino workers more likely to work in industries that couldn't transition to remote work and more likely to lose employment during lockdowns.

The federal response included unprecedented economic relief measures, including direct stimulus payments, enhanced unemployment benefits, the Paycheck Protection Program, and expanded child tax credits. The temporary expansion of the child tax credit in 2021 cut child poverty nearly in half, demonstrating the potential of direct cash assistance to address economic inequality. However, when the expansion expired at the end of 2021 due to political opposition, child poverty rates rebounded.

Labor organizing experienced a renaissance during this period. High-profile unionization efforts at Amazon, Starbucks, and other major corporations drew national attention. Workers at an Amazon warehouse in Staten Island successfully voted to unionize in 2022, marking the first union victory at the retail giant. Starbucks workers filed union petitions at hundreds of locations nationwide. This renewed labor activism was driven partly by pandemic-era working conditions and partly by growing frustration with wage stagnation and inequality.

The "Fight for Fifteen" movement to raise the minimum wage gained ground at the state and local levels, though efforts to pass a federal $15 minimum wage failed. Many states and cities implemented their own minimum wage increases, creating a patchwork of wage floors across the country.

Questions of reparations for slavery and systemic racism also gained mainstream attention during this period. Several cities established commissions to study reparations, with Evanston, Illinois, becoming the first U.S. city to implement a reparations program in 2021. California created a state task force to study and develop reparations proposals. While these efforts remained controversial and faced significant political obstacles, they represented a shift in public discourse around addressing historical injustices.

Immigration and Asylum

Immigration policy remained a deeply contested civil rights issue throughout this period, with dramatic shifts between the Trump and Biden administrations.

The Trump administration's immigration policies continued through early 2021, including the "Remain in Mexico" program that required asylum seekers to wait in Mexico while their cases were processed, and Title 42, a public health order used to rapidly expel migrants at the border due to COVID-19. Family separations at the border, while officially ended in 2018, continued to have reverberating effects as hundreds of families remained separated and authorities struggled to reunify them.

The Biden administration sought to reverse many Trump-era policies, ending the Remain in Mexico program (though it was later reinstated by court order before being terminated again), attempting to wind down Title 42, and creating a task force to reunify separated families. However, the administration also faced criticism from immigrant rights advocates for continuing certain restrictive policies and for its handling of increased migration at the southern border.

The end of Title 42 in May 2023 created anxiety about potential surges in migration, though the actual impact was more moderate than many predicted. The Biden administration implemented new asylum restrictions that drew criticism from civil rights groups who argued they violated domestic and international law protecting the right to seek asylum.

The question of status for "Dreamers"—undocumented immigrants brought to the U.S. as children—remained unresolved. While the Deferred Action for Childhood Arrivals (DACA) program survived legal challenges during this period, it remained vulnerable, and comprehensive immigration reform including a pathway to citizenship for Dreamers continued to elude Congress despite broad public support.

Criminal Justice Reform: Modest Progress

Criminal justice reform saw incremental progress during this period, though advocates argued it fell far short of what was needed to address systemic problems in the American justice system.

Several states continued the trend toward reducing incarceration by reclassifying certain offenses, expanding diversion programs, and reforming sentencing laws. Marijuana legalization advanced significantly, with multiple states legalizing recreational cannabis and implementing expungement programs for past marijuana convictions. This represented a partial remedy for the War on Drugs' disproportionate impact on communities of color.

Bail reform remained contentious, with some jurisdictions eliminating cash bail for many offenses while others maintained or even strengthened bail requirements. Proponents argued that cash bail created a two-tiered justice system where wealth determined freedom, while critics contended that bail reform led to increased crime—a claim disputed by much of the research.

Prison conditions received renewed attention, particularly regarding the treatment of vulnerable populations. The deaths of several high-profile inmates, including financier Jeffrey Epstein, highlighted failures in the federal prison system. The COVID-19 pandemic exposed dangerous overcrowding and inadequate healthcare in prisons and jails, where infection rates far exceeded those in the general population.

The federal First Step Act, passed in 2018, continued to be implemented during this period, resulting in the release of thousands of federal prisoners through retroactive sentencing reductions and expanded good-time credits. However, federal prisoners represent only a small fraction of the incarcerated population, and most criminal justice reform needed to happen at the state and local levels.

Asian American Rights and Anti-Asian Hate

The COVID-19 pandemic triggered a disturbing rise in anti-Asian hate crimes and discrimination, drawing attention to a community whose civil rights struggles had often been overlooked in mainstream discourse. Former President Trump's rhetoric referring to COVID-19 as the "China virus" and "kung flu" was widely blamed for contributing to an environment where Asian Americans faced harassment, assault, and violence.

Stop AAPI Hate, an organization founded in March 2020 to track incidents of discrimination and hate against Asian Americans and Pacific Islanders, received nearly 11,000 reports in its first year. Attacks ranged from verbal harassment to physical assault, with elderly Asian Americans particularly vulnerable. High-profile incidents, including the Atlanta spa shootings in March 2021 that killed eight people, including six women of Asian descent, brought national attention to anti-Asian violence.

In response, Congress passed the COVID-19 Hate Crimes Act in 2021, which aimed to expedite review of hate crimes and provide support to state and local law enforcement to address the rise in hate crimes. The legislation passed with broad bipartisan support, a rarity in the polarized political environment.

The Asian American community also engaged in broader conversations about their role in the American racial justice landscape, including complex debates about affirmative action, educational opportunity, and solidarity with other communities of color. The affirmative action cases that reached the Supreme Court highlighted tensions within civil rights communities, with some Asian American groups supporting race-conscious admissions while others opposed them.

The Digital Frontier: Technology and Civil Rights

Technology companies and digital platforms became central to civil rights debates in ways that would have been difficult to predict a decade ago. Questions of content moderation, algorithmic bias, surveillance, and digital access took on new urgency.

The January 6 Capitol attack led to unprecedented decisions by major platforms to suspend then-President Trump's accounts, raising questions about private companies' power over political speech. The subsequent debate over content moderation intensified, with conservatives arguing platforms censored right-leaning viewpoints while progressives contended platforms didn't do enough to combat misinformation and hate speech.

Facial recognition technology faced growing scrutiny over racial bias and civil liberties concerns. Studies demonstrated that facial recognition systems had significantly higher error rates for people of color, leading several cities to ban or restrict law enforcement use of the technology. Companies including Microsoft and Amazon implemented moratoriums on selling facial recognition technology to police.

Algorithmic bias emerged as a civil rights concern across multiple domains, from hiring algorithms that discriminated against women and minorities to predictive policing tools that reinforced existing patterns of over-policing in communities of color. Civil rights organizations called for greater transparency in algorithmic decision-making and regulatory frameworks to prevent automated discrimination.

The digital divide—the gap between those with and without reliable internet access—was exposed as a civil rights issue during the pandemic when schools, workplaces, and essential services moved online. Rural communities and low-income urban neighborhoods lacked adequate broadband infrastructure, creating educational and economic disadvantages. The federal government's infrastructure investments included billions for broadband expansion, recognizing digital access as essential to full participation in modern society.

Indigenous Rights: Ongoing Struggles

Native American civil rights continued to face challenges that often received insufficient national attention. The Missing and Murdered Indigenous Women (MMIW) crisis persisted, with Native women experiencing violence at rates far exceeding those of other groups. The federal government took some steps to address the crisis, including provisions in the 2022 Violence Against Women Act reauthorization that expanded tribal jurisdiction over non-Native perpetrators.

Environmental justice became increasingly central to Indigenous rights advocacy, particularly regarding pipeline projects and resource extraction on or near tribal lands. The Supreme Court's 2020 decision in McGirt v. Oklahoma recognized that much of eastern Oklahoma remains Native American reservation land, a significant victory for tribal sovereignty with implications for criminal jurisdiction and taxation.

Native American voting rights also received attention, with activists highlighting barriers to voting on reservations including lack of physical addresses, inadequate polling locations, and restrictive ID requirements that didn't accommodate tribal IDs. Some states took steps to improve Native American voting access, while others maintained or enacted policies that advocates argued suppressed Native votes.

Looking Forward: Challenges and Questions

As we assess the civil rights landscape of the past five years, several themes emerge. First, the period demonstrated both the enduring power of grassroots mobilization and the limits of street protests to produce systemic change without accompanying political and institutional transformation. The 2020 protests were historic in scale but yielded less federal legislative reform than many hoped.

Second, the importance of the judiciary in shaping civil rights protections became undeniable. The Supreme Court's conservative majority has fundamentally altered the civil rights landscape in ways that will likely persist for decades, regardless of which party controls the elected branches of government.

Third, civil rights struggles increasingly occur at the state and local levels as federal gridlock prevents national solutions. This has created significant geographic inequality in rights protection, where a person's civil rights depend heavily on which state they live in.

Fourth, new frontiers of civil rights—digital rights, algorithmic fairness, climate justice—have emerged alongside ongoing struggles over voting, policing, and equality. The civil rights movement of the 21st century must address both historical injustices and novel challenges created by technological and environmental change.

Finally, this period has highlighted the interconnected nature of different rights struggles. Economic justice cannot be separated from racial justice; LGBTQ+ rights intersect with questions of religious freedom; immigration policy affects labor rights; environmental degradation disproportionately harms marginalized communities. An effective civil rights movement must grapple with these intersections rather than treating different struggles as wholly separate.

The past five years have revealed both progress and backlash, hope and despair, mobilization and polarization. They have demonstrated that the arc of history does not bend toward justice on its own—it requires the sustained effort of people committed to making equality a reality rather than merely an aspiration. The work continues, as it always has and always will, in courtrooms and legislatures, in streets and communities, in hearts and minds. The struggle for civil rights is not a problem to be solved but an ongoing commitment to creating a more just society, one that must be renewed by each generation.