Gender Discrimination and the Fight for Equal Rights
Core Concepts
Examines the application of the Equal Protection Clause to gender-based discrimination. This stack covers key court cases, the establishment of intermediate scrutiny, landmark legislation like Title IX, and the history of the Equal Rights Amendment.
Gender Discrimination and the Fight for Equal Rights
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What right was guaranteed to women by the Nineteenth Amendment (1920)?
It granted women the right to vote (suffrage) by prohibiting the U.S. and state governments from denying the right to vote on the basis of sex.
Why is *Reed v. Reed* (1971) a significant case for gender equality?
It was the first time the Supreme Court applied the Equal Protection Clause to strike down a law that discriminated on the basis of gender. The Court used the rational basis test in this case.
What standard of review for gender classifications was established in *Craig v. Boren* (1976)?
The Court established "intermediate scrutiny" for gender-based laws. This requires the government to prove that the law is "substantially related" to an "important" government objective.
What is the Equal Rights Amendment (ERA)?
A proposed constitutional amendment stating that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." It failed to be ratified by the original deadline and its legal status is debated.
What is the purpose of Title IX of the Education Amendments of 1972?
It is a federal law that prohibits sex-based discrimination in any educational program or activity that receives federal funding. It is well known for its role in creating equal opportunities for women in sports.
What was the Supreme Court's ruling in *United States v. Virginia* (1996)?
The Court ruled that the Virginia Military Institute's (VMI) male-only admissions policy violated the Equal Protection Clause because the state failed to provide an "exceedingly persuasive justification" for excluding women.
What problem did the Lilly Ledbetter Fair Pay Act of 2009 address?
It allows individuals to file a pay discrimination lawsuit within 180 days of any discriminatory paycheck, not just the first one. This effectively resets the statute of limitations with each new act of discrimination.
How is gender discrimination by the federal government challenged, since the 14th Amendment only applies to states?
Through the Due Process Clause of the Fifth Amendment. The Supreme Court has interpreted this clause to contain an "equal protection component" that applies the same principles of equal protection to the federal government.
