Art & Politics
Women’s Rights Movements
Overview
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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”
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)
– HJ Res. 40 (Rep.
Carolyn Maloney, DNY)
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
• Craig v. Boren (1976)
• Court invalidates an
Oklahoma law that
prohibited the sale of
3.1% beer (“nonintoxicating 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)
– 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 here
Sexual Harrassment
• “Hostile Work
Enviroment”
– Conditions of
employment are such
that the actions of coworkers 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 artists do to promote equal
treatment?