US Politics Women’s Rights

Overview Political Equality Economic Equality Sexual Harrassment Reproductive Rights

Political Equality “I long to hear that you have declared an independency -- and by the way in the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favorable to them than your ancestors.” -- Abigail Adams (31 March 1776)

Political Equality “As to your extraordinary Code of Laws, I cannot but laugh.... Depend upon it, We know better than to repeal our Masculine systems. Altho they are in full Force, you know they are little more than Theory...”

Political Equality “We are the subjects. We have only the Name of Masters, and rather than give up this, which would compleatly subject Us to the Despotism of the Peticoat, I hope General Washington, and all our brave Heroes would fight.” -- John Adams (14 April 1776)

Political Equality Nonetheless, in 1776, at the drafting of the Declaration, women could vote in: –Massachusetts –New Hampshire –New York –New Jersey

Political Equality In 1777, women lose the right to vote in New York In 1780 women lose the right to vote in Massachusetts In 1784 women lose the right to vote in New Hampshire

Political Equality The Constitution left voting qualifications to the states After ratification, no state except for New Jersey allowed women to vote

Political Equality In 1807, Women lost the right to vote in New Jersey No women were allowed to vote in the country

Political Equality 1848 Seneca Falls Women’s Rights Convention Adopt “Declaration of Sentiments”Declaration of Sentiments

Political Equaltiy In 1869, Wyoming (then a territory) granted women the right to vote In 1870, Utah (then a territory) granted women the right to vote (they lose it again in 1887) In 1886, women’s suffrage amendment is defeated (by a 2 to 1 margin) in Congress

Political Equality In 1893, Colorado gives women the right to vote In 1895, women in Utah regain right to vote In 1896 Idaho grants women right to vote

Political Equality Other western states begin to extend women’s suffrage, either in general or for specific elections (e.g., presidential elections) –1910 (Washington) –1911 (California) –1912 (Arizona, Kansas, Oregon)

Political Equality 19th Amendment (1920) –Approved by House in 1918 –Approved by Senate in 1919

Political Equality Equal Rights Amendment –First introduced in Committee in 1924 –Introduced every Congress until 1972, when finally passed and sent to states for ratification

Political Equality THE EQUAL RIGHTS AMENDMENT 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. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification.

Political Equality Failed to be ratified (fell 3 states short) in 1982 –Reintroduced every Congress since then –SJ Res. 10 (Sen. Ted Kennedy, D-Ma)SJ Res. 10 –HJ Res. 40 (Rep. Carolyn Maloney, D- NY)HJ Res. 40

Political Equality “Strict” vs. “Intermediate” Scrutiny of Discrimination Discrimination is permissible if it is substantially related to an important state interest Court does not view gender discrimination with the same critical eye as it does racial discrimination

Political Equality Goesaert v. Cleary (1948) Upholds Oklahoma law making it illegal for women to tend bar unless they were the daughter or wife of the bar owner

Political Equality Goesaert v. Cleary (1948) Upholds Oklahoma law making it illegal for women to tend bar unless they were the daughter or wife of the bar owner intermediate scrutiny

Political Equality Craig v. Boren (1976) Court invalidates an Oklahoma law that prohibited the sale of 3.1% beer (“non- intoxicating beer”) to males under the age of twenty-one and to women under the age of 18.

Political Equality Craig v. Boren (1976) Basically spells the end of most forms of discrimination based on gender Very few reasons for gender discrimination stand up to the “intermediate” scrutiny test

Political Equality Since 1980s the Court has upheld a relatively small number of areas with gender classifications as permissible including: –differential pricing (if it promotes business) –statuatory rape laws –insurance rates

Economic Equality Equal Pay Act (1963) –Equal compensation for equal work –Does not address “comparable” work issue women earn $0.76 for every $1.00 men work 2007 occupation data 2007 industry data

Economic Equality 1964 Civil Rights Act (Title VII)1964 Civil Rights Act –no discrimination in employment –amended in 1978 to include discrimination based on pregnancy issues

Sexual Harrassment Title VII of the 1964 Civil Rights Act also prohibits sexual harassment in the workplace 2 Forms –“Quid pro quo” –“Hostile Work Environment”

Sexual Harrassment Quid pro quo: promotion, employment, wage increases conditional or are given in exchange for sexual favors Federal guidelines outlined herehere

Sexual Harrassment “Hostile Work Enviroment” –Conditions of employment are such that the actions of co- workers and management impede job performance University Policy Here Student Version Here

Sexual Harassment These include: –physical contact –remarks of sexual nature –remarks that may be considered anti-gender –visual contact –visual artifacts of a sexually offensive nature

Sexual Harrassment Can employers be liable if they did not know the harrassment was occuring? Faragher v. City of Boca Raton (1988) –Employers must take reasonable steps to ensure that conduct of the employees does not create a hostile environment

Sexual Harrassment Must employees demonstrate that they have suffered in any way from the harrasment? Burlington Industries v. Ellerth (1988) –Employees need not demonstrate they suffered any damages -- economic, emotional, or psychological -- of harrassment

Sexual Harrassment Is same-sex harrassment possible? Oncale v. Sundowner Offshore Services, Inc (1998) –Title VII extends to same sex sexual harrassment

Reproductive Freedom Griswald v. Connecticut (1963) –Right to privacy in contraception Roe v. Wade (1973) –Right to an abortion trimester sequence fetus gradually accrues legal status the further into the pregnancy it develops

Reproductive Freedom Webster v. Reproductive Health Services (1989) –Upheld a Missouri law that clinics and hospitals receiving taxpayer support are not permitted to perform abortions Planned Parenthood v. Casey (1992) –Upheld a Pennsylvania law requiring counseling, waiting period, and parental consent Gonzalez vs. Carhart (2007), Gonzalez vs Planned Parenthood (2007) –Upheld federal law banning “partial-birth” abortions

Women’s Rights What factors contribute most to gender inequality? Is full gender equality possible? What can government do to promote gender equality?