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Is the constitution gender- blind ? (And other questions). The Constitution and Gender. Bradwell v. Illinois (1873) 19 th Amendment 1961, President’s Commission on the Status of Women 1964, Civil Rights Act. The Feminist Movement. Betty Friedan, The Feminine Mystique (1963)
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The Constitution and Gender • Bradwell v. Illinois (1873) • 19th Amendment • 1961, President’s Commission on the Status of Women • 1964, Civil Rights Act
The Feminist Movement • Betty Friedan, The Feminine Mystique (1963) • National Organization for Women (1966)
The Feminist Movement • 1968 Miss America Pageant • Gloria Steinem, Ms. • Equal Rights Amendment (ERA) • Roe v. Wade (1973) • Title IX
Gender and the Courts • 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
Gender and the Courts • Craig v. Boren (1976) • United States v. Virginia (1996)
Abortion and Roe v. Wade • 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.”
Abortion and Roe v. Wade • Criticism • The state’s right to regulate abortion: • Fetal viability • Health of the mother • The 2nd trimester • More criticism
The Courts Since Roe v. Wade • Akron v. Akron Center for Reproductive Health (1983) • Planned Parenthood v. Casey (1992) • Protecting the Court • “Undue burden”