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THE WOMEN’S MOVEMENT
Background
• Historically, women have been considered intellectually inferior to men.
• They were seen as major sources of temptation and evil.
• Women were also considered naturally weaker than men
• Couldn’t sue
• Couldn’t own property etc.
Tides of Change
Women started to challenge traditional American values.
• Short, bobbed hair• Short hems on their skirts • Listened to Jazz music• Wore makeup• Drank hard liquor• Smoked cigarettes• Treating sex in a more casual manner• Were opposed to the conventional social and
sexual norms
19th Amendment
1920, coincided
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.”
Staton and Mott
Organized The Senaca Falls meeting
Wrote the Declaration of Sentiments
Education
• Was lacking
• Women were educated in the fine arts, cooking and sewing
Bradwell v. Illinois
A woman, Bradwell, sued the state of Illinois because they refused to let her practice law. They refused on the basis of protecting the role of women in society, as wife and mother.
Found constitutional under Ordinary Scrutiny, which allowed sex-based discrimination for legitimate government interest
Minor v. Happersett
• A married woman, (well her husband) sued under the 14th amendment that women were given the right to vote. The state of Missouri denied Minor.
• Found constitutional under state’s rights reserved for elections
National Women’s Party
Alice Paul formed
Radical revolutionary
Called for rallied support against all candidates that did not support suffrage
Chained herself to the white house fence.
Started a hunger strike
Wilson folded… women get to vote!
1960s
• Women’s roles were changing
• Women were working, which gave rise to new concerns
• 1963-Equal Pay Act
• 1972, Civil Rights act was amended to include women.
Heightened Scrutiny and Strict Scrutiny
Heightened Scrutiny
Must be substantially related to public interest
Example: Not admitting women into the Marines.
Strict Scrutiny
Discrimination must be necessary
Separate Bathrooms?
ERA
• Equal rights Amendment
• WAS NEVER RATIFIED
Staton and
