Академический Документы
Профессиональный Документы
Культура Документы
Historical Context
Hoyt v. Florida
Despite the enlightened emancipation of women from the restrictions and protections of bygone years, and their entry into many parts of community life formerly considered to be reserved to men, woman is still regarded as the center of home and family life. We cannot say that it is constitutionally impermissible for a State, acting in pursuit of the general welfare, to conclude that a woman should be relieved from the civic duty of jury service unless she herself determines that such service is consistent with her own special responsibilities.
Lucretia Mott
Frederick Douglass
World War I
1960s
to see that the doors are really open for training, selection, advancement and equal pay Prohibited discrimination in compensation on the basis of gender
1960s
Prohibited discrimination on the basis of sex re: compensation, terms, conditions, or privileges of employment Created the EEOC
Employment Discrimination
Discrimination Harassment
1970s
Title IX of the Federal Education Act of 1972 Pregnancy Discrimination Act of 1978
First introduced in Congress in 1923 Opposition from liberal, pro-women groups Finally approved by House and Senate and sent to the States in 1972:
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
Never ratified only earned approval from 35 of necessary 38 State legislatures Still historically important!!
Seemed to prompt the Supreme Court to act Passage by Congress actually noted in Brennans Frontiero decision
No woman seeking the protection of the 14th Amendment has ever won a case before the Supreme Court . . . . [W]hat the equal rights amendment seeks to do, and all it seeks to do, is to say to the Supreme Court of the United States, Wake up! This is the 20th century. Before it is over, judge women as individual human beings.
Long history of gender discrimination Closely parallels race discrimination Gender is immutable characteristic Gender generally bears no relationship to actual ability
SS provision requiring widowers demonstrate financial dependency for survivor benefits Alabama law requiring men pay alimony but not women Mississippi University for Women policy of excluding men Using peremptory strikes to eliminate women from jury VMI policy of excluding women
Gender differences re: statutory rape Gender difference in registering for selective service Citizenship of children born outside U.S. to one citizen and one non-citizen (if mom is the citizen,citizenship is automatic . . . Not if dad is the citizen)
Constitutional protection unreliable Most protection of gender equality is statutory Most protection of gender equality has to do with economic opportunities