The Constitution and Gender

advertisement




Bradwell v. Illinois (1873)
19th Amendment
1961, President’s Commission on the Status of
Women
1964, Civil Rights Act


Betty Friedan, The Feminine Mystique (1963)
National Organization for Women (1966)





1968 Miss America
Pageant
Gloria Steinem, Ms.
Equal Rights
Amendment (ERA)
Roe v. Wade (1973)
Title IX



Reed v. Reed (1971)
Frontiero v. Richardson (1973)
Scrutiny of racial discrimination:





History of discrimination
Malicious discrimination
Lack of political power
Immutable characteristic
Easy to distinguish


Craig v. Boren (1976)
United States v. Virginia (1996)


The case
The decision:

“the right to privacy, whether it be found in the
Fourteenth Amendment’s concept of personal
liberty, as we feel it is, or as the District Court
determined, in the Ninth Amendment’s
reservation of rights to the people, is broad
enough to encompass a woman’s decision
whether or not to terminate a pregnancy.”


Criticism
The state’s right to regulate abortion:




Fetal viability
Health of the mother
The 2nd trimester
More criticism


Akron v. Akron Center for Reproductive
Health (1983)
Planned Parenthood v. Casey (1992)


Protecting the Court
“Undue burden”
Download