Women in Law Midterm

What change was still needed after the 19th Amendment was ratified?

- Husband still had right to determine family domicile or legal residence - Women still legally had to take husband's name - Husband still legally required to support wife and family while wife had full domestic responsibility, even if she earned her own income - All states having protective labor laws, dividing women's movement - No reproductive choice.

What social changes came in the 60s?

- Recognition of the shared experience between women. - Social roles changing via access to education and employment. Needing to work for various reasons. - Increased contraception, more in control. - More divorce, changing family structure. - Rise of National Women's Organization, lobbying group by Friedan. - Student groups rising with Vietnam rejection.

What are arguments in favor of the ERA?

- Take advantage of momentum after suffrage, Paul wanted to keep the train running while it was hot. - Efficient, amendment strategy would address a broad range of issues and government entities at a national and state level. - Have to fulfill the promise of equality for women which the 14th Amendment had not done (evidenced in Point v. Florida and Gostear v. Cleary). - Know, via history, that other things like P & I don't work, need that hook. - Couldn't achieve this mobilizing issue by issue or jurisdiction by jurisdiction, need to tell states they can't engage.

What are negative associations with feminism?

- man hating - seeking to upset natural order - intolerant of women making more traditional choices - promoting immoral, selfish choices

What are the three different meanings of Women's Rights?

1) To be treated equally under the law, treated the same as men by the government. Constitutionally protected. 2) To be treated differently than men, to be 'favored' or 'protected' under the law. - Court recognizes that not all people are 'similarly situated', in this case, it can be okay to allow unequal treatment under the law to allow equal protection. 3) Refer to rights that are common to all citizens, but apply stronger to women in ways that are biological, not legal. - Right to birth control or an abortion in a realistic sense is a woman's right because women are the only sex that can give birth. - Men can share that right in decision making, but women are far more drastically protected.

Why did the national ERA fail round two?

1) Underestimated society's unwillingness to change. In the 1970's, with Nam, not ready for a draft conversation. Roe being decided in '73, really controversial. 2) Unexpected and increased opposition to the ERA. Phyllis Schlafly, Stop ERA Organization. 3) Court changes EP status to incorporate gender and then people don't believe a Con Amen is important.

What are the two most persistent differences in male and female voting since the 1950's?

1) Use of military force, gun violence, and drone use. 2) Supporting use of government spending on social programs, larger government. 3) Women are a little more opposed to the death penalty but mainly agree on reproductive issues. Almost no difference there.

What does the court look at when looking to see if distinctive laws violate Equal Protection?

1) What groups are being treated differently? 2) How does the government justify it's need to make the distinction? 3) How important are the goals that the government seeks to accomplish?

What was the relevance of the three amendments passed post Civil War?

13th --- Abolishing slavery, helped by working women. 14th --- Creating the Privileges and Immunities Clause, Due Process, and Equal Protection. Women focused as a hook to get more rights. 15th --- Giving black men the right to vote. Made them angry and divided the women's movement.

When did the National Women's Party reach peach membership and what was that membership?

1920, 60,000 members

What were the two distinct era's for the push of the ERA and what was the result of each?

1920s to 1950s --- Advocates, Alice Paul, NWP Result: Support and Opposition causing Rifts and Divisions in the Party, ERA never passed in Congress. 1970s to 1980s --- NOW and other organizations. Result: Taking advantage of the 1960s Women's Movement, ERA is successful in Congress. Vocal opposition and other factors lead to the state's not ratifying.

When and what was the early push for the ERA?

1920s to 1950s, division in the Women's Rights Movement. Equality Fems (Paul and NWP) v. Women's Buruea and Labor Interests, 20s and 30s. Gained movement in the 1940s, debated in Congress and gained support of both political parties. Opposition also grows, Women's Buruea things ERA is dangerous. Stall in the 1950s.

What was the Women's Rights Movement, when and main goal?

1960s to 1980s ERA, not achieved Title VII Civil Rights Act Title IX Higher Education Amendments 1972 Recognition of gender as a protected status for EP analysis.

When did the 'Gender Voting Gap' end?

1980

Where did women gain their political experience from?

1st, Aboltionist Movement 2nd, Progressive Movement post Civil War

What did Pres Kennedy issue in 1963 that was huge in kicking off the Women's Movement?

Commission on the Status of Women, women writing a report on women's issues and how the government could do better.

What unconventional efforts did the National Women's Party take to influence President Wilson, who in his 1916 speech said he was specifically opposed to a Constitutional amendment for women's suffrage?

Engaged in hunger strikes / forced feedings, charged for obstructing traffic for very refined stylized marches in D.C

What cases did the court acknowledge difference between male and female and uphold current law?

Micheal M v. Superior Court, capacity to bear children difference. - Statutory rape law in California deeming men only capable of statutorily raping someone. - California justified the law saying they only passed it to prevent teen pregnancy, since only male rapists can inflict pregnancy on minors. - Court upheld the law because the justification is true, and recognizes a real difference in gender aka bearing children. Rosker v. Goldberg, 1918. Draft case, court defers to Congress because they should be determining fitness and they already have passed prior laws differentiating between men and women. Appropriate for Congress because the state is substantially interested in the eligibility of combat roles.

Describe Goesart v. Cleary, 1948

Michigan law saying that women could only be bartenders if they were a wife, daughter, or sister to the owner, expressing the idea that women could not be exposed to immoral behaviors without protection. Questioning if this law violated Equal Protection, ruled that it was reasonable for Michigan to want to protect their women. Using Rational Reasoning (lowest level) to show if the distinction between men and women was legitimate. Dissent that if you then own a bar, you cannot bartend.

Describe Hoyt v. Florida, 1961

Husband committed adultery and wife beat him to death with a baseball bat. Men have to report for jury duty and women do not. Women have to ask to be put on juries and Hoyt argues that had she been given a true jury of her peers and a fair jury (including women) her guilty verdict would have been different. Women have too strong a role as wife and mother that having them come ask to be except from juries would be destructive to the family. Too hard to the clerks to have to vett women or except them as well. Use rational basis theory, strict scrutiny. Gender not treated as a protective category.

What was the Women's Club Movement? What was their 1st big mission?

Individual women having gatherings in their parlor rooms, talking about social issues like slavery. Noticing unfavorable conditions they all shared. Earliest manifestation of women coming together and talking about otherwise nondisclossed issues. Pension for widow's in the Civil War to raise their children.

What were the two views and by who about the 15th Amendment giving black men the right to vote?

Lucy Stone (1st woman to keep her own name in marriage), felt that if black men got the vote, women's vote would come in it's own time. Cady Stanton and Anthony, women fought for abolitionist causes and to not include women is wrong. 1st divide.

How did the movement divide into 2 post 15th amendment?

Lucy Stone's American Women's Suffrage Association - Supporting 15th A, men allowed to have roles. Stanton and Anthony's National Women's Suffrage Association - Not supporting 15th A, no men allowed. Wanted one big federal sweep.

Who created the American Birth Control League in 1929, popularizing the term 'birth control', opening clinics that evolved into Planned Parenthood, and trying to revolutionize connectives for 'disease'?

Margaret Sanger

What was an early litigation case for the Suffrage Movement dealing with voting rights?

Minor v. Happerset, 1875 - Woman trying to vote in Missouri and was arrested. Can the state prevent people from voting or is it protected under P & I? - She argues that she's a citizen, citizens have the privilege of voting. - Court argues that women are citizens and persons, but states have always had that control. White men without property were citizens, but they couldn't vote. - Ruled voting is not a P or I. They are citizens, but voting has been restricted for certain groups of people from the founding and always been state regulated.

What is Planned Parenthood v. Danforth, 1976? Abortion

Missouri requiring several in depth consent laws, women's medical consent and spousal consent and minor parental consent. Court says it's okay to require medical consent, but not spousal consent or parental consent because it interferes in decision making.

What is the Susan B. Anthony Foundation?

Same thing as EMILY's list, but for Pro Life Republican candidates, Sarah Palin.

What case overruled Hoyt v. Florida?

Taylor v. Lousiana, 1975 - Law requiring women to sign up for jury service when men did not. Court payed attention more to the need for community representation in jury service, where it previously had not. - The exclusion of women is based on a stereotype about the amount of working women there are. Administrative ease for the law clerk is not enough to discriminate against women, gender representation and equality far outweighs that.

The expectation was that women getting the right to vote would change things dramatically. While women didn't necessarily flood the polls, what two major happenings occurred?

Temperance --- Huge issue women fought for and succeeded. Saw bootlegging and a later repeal, but nonetheless the ladies won. Sheppard - Towner Act of 1921 --- Gave federal money and resources to states about maternal health, pre and post natal care, infant life, etc. Hugely passed by a new Coalition, the Women's Joint Congressional Committee, which was made up of several different groups like Women's Christian Temperance, National League of Women's Voters (old NAWSA) and National Women's Association.

What case is Whole Women's Health v. Heldersket, 2016?

Texas law required clinics to have ambulatory care restrictions and hospital admissions, court struck down both. Ambulatory care has no real legitament purpose, targeting women's facilities alone. Closing down so many clinics it would be an undue burden to ask Texas women to travel so far.

Where did the first American feminists come from?

The abolitionist movement, World Anti Slavery Concention in London 1840, although women were some of the biggest power players for the freedom from slavery, women were not allowed to speak. Lucretia Mott and Elizabeth Cady Stanton came home with a changed mindset. Created Women's Rights Convention in Seneca Falls, NY.

Who did both women's groups, National and American, face opposition from?

The alcohol industry, women were fighting for temperance and that was an issue for them. Congressmen and people already in power, who would be voting against them potentially. Religious groups believing in the traditional woman.

What was the Declaration of Rights and Sentiments?

The major document produced at the Seneca Falls Convention, modeled after the Declaration of Independence. "We hold these truths to be self evident, that all men AND women".

What case is Einstandt v. Baird, 1972? Contraception

Under the current law in Connecticut, only married couples could be avised contraceptives. Bill Baird administered contraceptives to an unmarried woman after his speech on a college campus. This case ruled that the right to privacy is not a right to couples, but an individual right, acknowledged in Griswold. Court did not have a rational basis to discriminate against non married couples. Staying out of the bedroom applies to everyone.

What was the relationship between the suffragette's and the abolitionist movements?

Uneasy mid to late 1800s. They shared the same goals, but with different precedents, and abolition took 1st place. Civil War, which women played an instrumental hand in, gave African American males the right to vote, but didn't give any fruit to the women who helped in those shared rights.

How did the new push for the ERA in the 60's come about?

Uniting Women's Groups, ERA easily passes proposal stage in Congress and had until 1980 to ratify in 3/4 states. Big success in 1972 and then stalls. 4 states revoked their ratification post 1980, some states have recently signed on and argued that the time line was unconstitutional.

What controversy did the the National Women's Party and Alice Paul face in 1917?

WW1 was occurring, many felt that because the nation was at war they should just sit back and help, not cause more issues. Paul said no, don't fight for democracy elsewhere, if you're not gonna provide it here.

What are some factors other than the law that have brought radical change for women?

War Higher Education Birth Control Decline of the 'Family Wage' Technological Advancements - Invitro, Egg Freezing Divorce Rate 50%, marriage no longer life time financial

When does Equal Protection come into play?

When states make distinctions or classifications in laws that treat some citizens differently than others. Not all laws that make distinctions are unconstitutional, can differentiate people -- basis of income, age. Problem when states became 'invidious' distinctions that are arbitrary and have no actual purpose other than to discriminate. Depending on whose being discriminated against and why, the government uses differently levels of scrutiny to evaluate the law.

What are positive associations with feminism?

equality seeking wanting increased opportunity improved social status improved economic status

What are policy communities?

Those working in the government to achieve certain goals related to women's interests. May include congressional committee members, members of the executive branch, or interest groups. Have the role of an administrative agency in shaping policy, passing regulations, and issuing reports. Ex: Women's Bureau within the Department of Labor, 30s and 40 and President Kennedy's Commission on the Status of Women in 1963 issuing a report on women's issues and what women really needed by a group of government women.

What case was Webster v. Reproductive Health Services, 1989?

Thought court would overrule Roe, but due to precedent and it's meaning felt that they did not have nearly enough good reason to. However, ruled that abortions in public facilities by public officials can be regulated.

What are some important US Statutes involving women's rights?

Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act, Violence Against Women Act 1994, Family and Medical Leave Act of 1993.

Opposition to the ERA?

- Didn't want to lose protective laws for women, some felt those laws were beneficial. - Advocates of more issue based, gradual approach. Didn't feel that society was ready, slow down. - Fear of unintended consequence for women in traditional roles. Women maybe losing support from their husbands, losing status with children, and potential drafting. - More useful to use the Equal Protection strategy through litigation again. SC said that Gender will be recognized in the Equal Rights Clause, so ERA felt that they didn't 'need ERA' after that.

Describe Reed v. Reed, 1971

- Divorced couple over deceased son's estate. Idaho law favors men, gives them the state. Sally objects, she pays taxes and finances like her husband. No need for favoritism towards her husband. Does this gender discrimination violate Equal Protection in the 14th? Court says it does violate because the assumption is arbitrary and not based on fact. Men are not more capable of finance and business than women or wives. Makes it clear that the court will use EP to strike down gender discrimination. Idaho uses the same defense as Florida did in Hoyt...It would just be easier to always give it to men. Court says 'easier' is not longer enough. Convenience sake is not sufficient.

How do the three conceptual frameworks of women's rights movements intercede?

- Each has come into play and been the most valuable at different times. All been influential in shaping women's rights. - Sometimes can contradict each other, sometimes too much of one and not enough of the other has evasive consequences. - Can have difference in emphasis, no longer just maternity leave, parental leave. Change the narrative.

What are 5 reasons to study American law through the Women's Rights perspective?

1) Area of law in which rapid fire change has occurred over 75 years. - Supreme Court has reversed itself, altering the meaning of the Constitution in a 14 year time period, overruling itself in Taylor v. Louisiana (1975) after Hoyt v. Florida (1961) - SC has initiated profound and controversial structure and social change by implementing a woman's right to an abortion, secured by the Constitution via Roe v. Wade and Doe v. Bolton (1973). - Court has struggled with the lack of pass via the ERA, felt that it's implications are implicit in the Constitution already. 2) Women's Rights groups successfully prompted Congress to create a number of new statutory rigths for women including... - Right to sue persons who subject you to 'gender motivated violence'. - Immunity from pregnancy based discrimination via an employer. - Equal access to programs (school sports) that receive federal funding. (Many of these statutes have prompted court challenge and controversy, making them perfect examples through which to study the law) (Legal arguments, roles of changing social norms, role of political pressures are key to analyzing cases) 3) Cases provide the state for which abstract legal terms like suspect classification, minimum rational scrutiny, substantive due process, reasonable woman, and best interest of the child are introduced with meaning. - Can trace these words back to their legal, historical origins. 4) Sheer value of knowing the standing law. - Matter of public policy. - Knowledge of existing Constitutional law is a prime prerequisite for making decisions about the need for an ERA. 5) Cases provide the perfect opportunity to question the 'good society'. - Does it not violate EP under the law to specially tax widows, but now widowers? Khan v. Shevin (1974). Is it permissable to have protective legislation for women? - Reproductive Rights?

What are the 3 conceptual frameworks (underlying calls) of all women's rights activism?

1) Equality (Biggest) - Echoes our political culture, basis in the 14th amendment. - Not binding in the Declaration, only existed post Civil War. - Seneca Falls Convention, 1828, developed major theme in their declaration. - Criticism that by focusing too heavily on equality you are ignoring true physical, etc. differences between men and women. 2) Difference - Women and men are different. That difference is valuable and needs to be present at each table. - Turning difference on it's head from negative to positive, we deserve rights because we are different! - Use to view women as the moral structure of the family, deserve rights because they are 'good' and 'sound'; influential during progressive movements like alcoholism, widows in poverty post CW. - Savvy, interesting, but criticism for when it's taken to the extreme that women need to be protected and helped. 3) Self Determination - Founded in our democratic freedoms, everyone needs to right to determine the course of their own life. - Think for your self, make choices for your self. Property, marriage, and reproductive rights come into play here. - We are much more individualistic than other cultures. Criticism, hard to see where liberty ends.

What were the factors promoting the Women's Rights Movement in the 1960s?

1) Example of Civil Rights Movement, which found success in the 50s and 60s through the voting rights act of 57 and Brown v. Board. 2) Twin Strategy: Politics and Litigation in the Civil Rights Movement --- Marches, unconventional. And arm of the movement working in courts. 3) The Feminine Mystique --- book by Friedan, study over her old Smith classmates in the 50s. Found most of her female classmates were not utilizing their degree, many experiencing an unfulfilled depression. 'Problem of No Name'.

Why have women been 'slow to show' since getting the right to vote in our political atmosphere or elsewhere?

1) Low Numbers --- Still a boy's club. Using tokenism to lay low, fit in, and keep your seat. Hard to be one out of hundred speaking out or speaking differently. 2) Self Selection - Women running aren't random women. Women who find this an attractive position are women who look similarly situated to the men in power anyway. Women self filtering themselves. 3) Institutional Selection --- Parties looking to seek female candidates still feel like those candidates will be most successful following in the footsteps and personality traits of successful males before them. Vetting system.

How do you pass a constitutional amendment?

Amendment needs to be proposed, 2/3rds of both houses must vote to approve the amendment. 3/4ths of the states must ratify.

Who authored the original amendment and when / why / what was it changed too?

Alice Paul authored and starting introducing the amendment in 1923, several times. "Men and women shall have equal rights throughout the United States and in every place." 1940s language change wanting a read more like the 19th Amendment. "Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex".

What case is June Medical v. Gee, current?

Almost identical privisions to Whole Health, but in Louisiana. Requiring doctors to have admission privileges. Just decided something so similar in Whole, Roberts says...stick with the precedent, we JUST did this. Concern that the burden is being applied differently because not as many clinics are being closed down, so the undue burden of limited access won't be there. Standing issue of whether or not the clinic can sue on behalf of it's female patients.

Relevance of Muller v. Oregon, 1908?

Attorney Louis D. Brandeis presents radical new legal argument, challenging Oregon's statute preventing women from working longer than 10 hours. Brandeis submitted over 100 pages of his brief to subject matter not viewed as legal, medical analysis between hours worked and the health and morals of women. 2 pages of that brief alone followed traditional legal pattern. Approach was successful, unanimous opinion on behalf of women's issues favored Oregon. Leaving a bitter taste.

Why was Wyoming the first state among Utah, Colorado, and Idaho to grant women suffrage from 1890 to 1800?

Because men were trying to expand there and needed to provide women incentive to tag along, increase the population.

What was an early litigation case for the Suffrage Movement dealing with the right to be an attorney?

Bradwell v. Illinois, 1873 - Illinois prevents women, specifically married women, from becoming attorneys or becoming a member of the BAR. - Bradwell brings a case stating that Illinois is violating her P & I. - Court states that she is out of luck, they just ruled that same day that the P & I in the 14 is a racial relations cause and cannot be applied to women or pursing the legal profession. - Also, states have always controlled their own Bar. Not a federal issue. Justice Bradley's Concurrence: - Dissented in SlaughterHouse, didn't think state should be involved in your livelihood. However, agree's here, but for the reason that women have an obligation to the household and cannot fulfill that if involved in the legal profession. - Women are naturally frail and need protection, cannot handle this.

What states followed suit in granting suffrage from 1900 to 1912?

California, Washington, Arizona, Kansas, and Oregon. Failed in NY, major defeat, growth stalls here.

What was Susan B. Anthony's unconventional political activism?

Calling for women to go vote, even though it was illegal. Classic civil disobedience, couldn't even testify at her own trial. Was priceless press.

Describe Craig v. Boren, 1976

Case for Intermediate Scrutiny, ERA is stalling. - Oklahoma changing drinking age for women and women, 18 for women and 21 for men. Treating them differently for 'near beer' sales, 3.5% alcohol. Women can buy 'near beer' at 18, but not men. Because women are more responsible consumers, men are worse drunks. - Court announces intermediate scrutiny for gender discrimination and defines that. - Interesting that when they finally fully implement gender discrimination when it only applies to men. - Court analysis of alcohol law did not meet the sustainably related interest to an important government cause. - The difference between men and women drinking was not a substantial relationship between traffic safety and drinking between gender. Rehnquist Dissented: - Court should defer to the legislature in saying what's important, no discrimination against men in the past to defer to Intermediate Scrutiny, RBT would do and would get this fine.

What case is Harris v. McCrae, 1980? Abortion

Court ruling that Congress can prohibit Medicaid funds from being used for abortions, unless life threatening circumstance. Hence, although all women have the right to an abortion, your predictability of having one relies heavily on your financial standing.

Outside vote denial, what was another major construct limiting women at the founding?

Coverture --- husband and wife are one and that one is the husband

What case was Planned Parenthood of Southeastern Pennsylvania v. Casey, 1992?

Dealing with Pennsylvania Abortion Control Act requiring 1) Spousal Consent, 2) Information Disclosure to Patient, 3) Reporting Requirements (Gathering Info), 4) Parental Consent, 5) 24 hr waiting period. Decision created by Souter, O'Conner, and Kennedy. Pt 1: Upholds central ruling of Roe, women can still have abortions. Choice of reproductive destiny, have to follow precedent and legality, can't look like they are bowing to political pressures. Pt 2: Do away with Trimester Scheme, enact Undue Burden. State regulations cannot put in place a substantial obstacle to choice. Pt. 3: 24 hr waiting period, parental consent with bypass, information disclosure, and reporting requirements are not an undue burden. Spousal requirement is. Stevens dissents saying 24 hour waiting period is paternalistic and shows lack of trust for women.

What are our earliest views of American equality?

Declaration of Independence, gives a lot of lip service to equality, but no enforceable language. Constitution in 1787, never once mentions equality until the 14th Amendment 80 years later. Regarding 'persons'. but only 3/5ths of slaves. Voter Qualifications, only white men with land could vote. Women's domain was in the private, not public sphere and men who didn't have property weren't contributing to society.

What was the Suffrage movement, when and main goal?

Early 1830s to 1900s 19th Amendment (achieved state by state, in 1920) Improved the status of women via organizational leaders and property rights in marriage

What is EMILY's List?

Early Money is like yeast (makes the dough rise) PAC that raises money for Pro - Choice democratic women, starting in the early 90s. Very successful by 92.

In 1918, the 19th Amendment...

Failed to make it pass the proposal stage, passed in the House, not the Senate.

What was the Sheppard-Towner Act of 1921?

Federal Gov providing resources to the states about maternal health, prevention of infant mortality, protecting new mothers. Women's Joint Conventional Committee was huge in passing --- made up of of a number of women's groups who had advocated for suffrage like the... - Women's Christian Temperance Union - the old NAWSA (changed to National League of Voters, more about getting people to vote than advocacy) - Alice Pauls National Women's Party (changed their goals, trying to have ERA). Was defunded in 1929 because of the depression, large group advocating for gov to not be involved in 'the bedroom'. And doctors wanting a monopoly over women's health education.

What's the difference between enumerated and police powers?

Federal government has enumerated powers strictly listed in the Constitution. State governments have police powers, general powers to regulate for the health, safety, and welfare of their citizens. Can go above the Constitution, but not below. Many topics involving family, criminal, and reproductive rights involve state law much more heavily than federal.

What's the foundational idea behind the ERA and why did they want it?

Formally put language in the Constitution that would formally prevent gender discrimination. Want a hook to hang gender rights on and saw in the 1800s like Bradwell wasn't an effective strategy. Post suffrage, these women want specific language in the Constitution, giving those rights across the board, unquestionably.

What court cases showed the inadequacy of Equal Protection for the Women's Movement?

Goesart v. Cleary, 1948 Hoyt v. Florida, 1961

What case dealt with a woman opening up a Planned Parenthood and distributing a couple about contraceptives, she was arrested, making the dispute live / concrete?

Griswold v. Connecticut, 1965 - Ruled that this violates privacy. Freedom to associate in private is a 1A preriferal right, a right that helps the enscripted right be protected. - Creates the zones / penumbras of privacy. - 9th Amendment ensures the contemplation of other rights that are not listed, by Hamilton. His biggest BOR

What were 2 big example of the government advocating on behalf of women?

Kennedy creating the Commission on the Status of Women Congressional Action with the Equal Pay Act of 1963 and Title 7 Civil Rights Act, targeting race and gender and religion.

What was the road to intermediate scrutiny?

Kennedy's Commission for Women Report in 1963, stated that women should use EP like the African American community like Brown, use that litigation strategy for Constitutional Protection. Litigation Tactics, Reed .v Reed, first time court strikes down laws on gender discrimination using EP and RBT. Efforts by the American Civil Liberties Union to establish women's rights, headed by RBG.

Why can scrutiny standards be "fuzzy"?

Law is not as precise as these standards appear. The terms that are used in these legal tests are 'fuzzy'. What one judge views as an important government objective is different than what another judge may view as not important. Personal views and vocabulary come into play.

When has the court been more sympathetic in upholding gender discriminations?

Laws that take into account real differences between men and women, not just blanket stereotypes.

What case is Belotti v. Baird, 1979? Abortion

Parental consent is upheld, but judicial bypass is created. Minors are not always capable of making thorough decisions, which is why parents can intervene. However, sometimes minors have valid reason not to want to inform parents and thus, judicial bypass is created.

What case involving a Connecticut doctor suing because the law banning doctors from discussing contraception was unconstitutional, suffering injury that he cannot properly treat his patients?

Poe v. Ullman, 1961 Court ruled that this wasn't being enforced heavily enough, the controversy was not ripe enough. Dismissed the case, 2 dissents that privacy should be protected as liberty.

After realizing that P & I wasn't going to secure women additional social, economical, or legal status, suffragettes turned to what?

Political Arena to secure Voting Rights

What were the women at the Seneca Falls Convention in 1848 who signed signing on to support? And what happened in the same year in Cady's home state, New York?

Reform in property and child custody law Access to higher education Right to vote NY passed the Married Women's Property Act.

What's an example of an important executive order for women's rights?

President Johnson 1965 and 1986 made calls for Affirmative Action, saying any firm doing business or getting money from the federal government needs to make plans to employ women equally and fairly, along with minorites.

Who supported the suffrage amendment in 1918, after a slow start?

President Wilson

What are some important constitutional provisions in the development of women's rights?

Privileges and Immunities Clause of the 14th and 5th Currently... Equal Protection Clause of the 14th Due Process Clause of the 14th and 5th 19th A

How did the women's movements have a natural affinity with progressive politics?

Progressives had goals intended to fight evils dealing with urbanizations and industrialization like poverty, alcohol, and government corruption. Naturally sought out women because women were considered 'good' and 'moral'.

After state granting suffrage stalled, the renewed effort for suffrage was to amend the Constitution. What was strategy and who came into play?

Proposing language that mirrors the 15th directly. Alice Paul returns from England where she participated in the UK suffrage movement. Cady Stanton is getting older now, needs to pass the torch. Paul first joins the National Women's Organization, then create her own, National Women's Party which is ready to go unconventional full tilt.

What was an early litigation case for the Suffrage Movement, dealing with zoning ordinances, the Privileges and Immunities Clause, and Equal Protection?

SlaughterHouse Cases, 1873 - Butchers have a zoning ordinance in New Orleans stating they can only operate their business in specialized parts of town, due to smell. - Butchers say this is infringing on our right to freely pursue our livelihood. Arguing that 'freely pursuing occupation' is included in the P & I clause. - Also arguing that they are not being given EP under law, nobody else has to move. - Court rules that EQ is referring to race relations, not butchers. P & I clause does not include livelihood. - P & I come from federal doctrine, federal citizenship. You have very few rights as a federal citizen, livelihood / zoning ordinances are not one of them. - Narrow interpretation, delaying the cause for women.

What are the major factors allowing women to make change over time?

Social Eligibility Pool ---- By pursuing education, more qualified women can serve in career prospects. Importance of Elective Resources for Female Candidates --- Parties were not seeking women to run in the 1960s, money and support from your major parties is important. And lack of training. 1970s, Bipartisan Efforts to Seek more Women --- Recruiting and identifying qualified female candidates and supporting them. Political Action Committees --- Orgs giving money to candidates, financial arm of interest groups.

What's the Subjective v. Objective tests / understanding's of the feminist identity?

Subjective --- Just ask them, no one knows better than themselves. But people may be reluctant to identify as a feminist due to social implications and negative connotations. Can be inaccurate based on the comfort level or honesty of the participant to define themselves. Objective Test --- Decide based on your own evaluation, doing away with social accountability and opinion about meanings. Although it's difficult to decide based on your evaluation what makes someone a feminist, Sarah Palin is a conundrum and example for most.

In 1919, the 19th Amendment...

Successfully passed the proposal process, only has a year to be ratified by 36 states...

What are the different scrutinties / tests that the courts use when looking to see if EP is being violated?

Suspect Classifications --- Court is especially protective of groups that cannot control their membership in a certain group, like race, natural origin, and gender. History of discrimination against the group. Rational Basis Scrutiny --- Lawmaking distinctions against Non-Suspect Classifications. Gov has to show that the classification is REASONABLY related to some legitimate purpose. Not a hard test, gov presumes laws are valid. Intermediate Scrutiny --- Gender Discrimination, Special Case. Established in Reed v. Reed in 1971, extending Equal Protection to gender in this new way. Gov has to prove that the classification is SUBSTANTIALLY related to some IMPORTANT gov purpose. - Considered on a case by case basis. Strict Scrutiny --- Law making a distinction involving a suspect classification. Gov has to show that the classification is absolutely NECESSARY to achieve some COMPELLING purpose. - Gov is doubtful and assumes invalidation. Most struck down hard to pass. Created in 1964, McLaughin v. Florida, illegal for black men to be in hotel rooms alone with women, not white men.

What were the early legal strategies of the suffrage movement?

Women going to courts to try and convince judges to make new Constitutional provisions that will further the rights of women, earliest citing of Privileges and Immunities clause in the 14th. Gave hope that the SC would interpret for women, but interpreted very narrowly instead and did not include them.

Describe Fronteiro v. Richardson

Women in active service seeking dependent benefits for her husband. Women have to prove that their husband is dependent on her, but men do not because of the assumption that women are dependent on her husband. Court says that violates Equal Protection under an arbitrary assumption. No majority opinion, factions split on the standard of scrutiny. Opinion by Brennan: - History shows that women have been treated differently over romantic paternalism. Thinks Strict Scrutiny would be appropriate because gender is assigned at birth, not helped. - Noting that they feel that the ERA is about to pass, obviously, a majority of people want gender protected and court should follow suit. Opinion by Powell: - Says this easily falls into RBT and should be tested that way. Doesn't require anything further, it easily fails RBT. - Ignoring ERA movement, even though it's sailing. Let history make itself. Hold the line and don't raise till you have to. Rehnquist Dissent: - Military has a right to discriminate. Saves the military money.

What policy community in the Department of Labor was influential in the 30s and 40s?

Women's Bureau

Local women's movements turned to the issue of alcohol abuse, which turned into a national organization, which was?

Women's Christian Temperance Union, also affiliated with poverty and rights.

What was the goal of the National Women's Party, created by Alice Paul and what was the main tactic?

Women's Suffrage via Constitutional Amendment, concentrated efforts in Washington, D.C.