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.”

http://upload.wikimedia.org/wikipedia/en/8/81/Two%27s_Company%2C_Three%27s_a_Crowd.jpg

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