State Law and Social Policy

Chapter 10By: Heidi Davis, Jessica Farmer, Ashley

Sluder, and Hanna Sparks

What is the state? The state is an abstract concept

that refers to all forms of social organization representing official power in society: the government, law and social policy, the courts and the criminal justice system, the military, and the police.

What does the state do?The state works with other

institutions to assign roles, and distribute resources

It regulates other institutions and sets guild lines for expected behaviors

Channels resources and power

What does the state do? The state regulates:

◦Family◦Education◦The economic system◦Religion

Government and Representation

The government is one of the institutions that makes up the state

The U.S. government is said to be a democracy because it is based on equal representation

The government is not representative of all people and those that are elected to office do not necessarily represent all interests equally.

The Constitution“The founding fathers thought

women’s political identity should be restricted because their presence in politics was immoral, corruptive, and potentially disruptive, and the women should be represented by fathers, husbands, or brothers” (613 Shaw and Lee).

The ConstitutionThis ideology meant women had

no legal identityThey had to depend on their

relationship to a manWomen had no claims to

citizenship rights as a woman until the 19th century

Time Line1984- Declaration of Sentiments

and Resolutions aims at securing citizenship rights for women

1986- 14th amendment gives right to due process and equal protection under the law ( BUT the terms citizen and person did not include women)

1920- 19th amendment gives women right to vote

Equal Rights Amendment of 1923Made to address problems with

14th AmendmentERA affirms women and men hold

equally all the rights of the U.S. constitution

Defeated June 30, 1982 because it failed to be ratified by the states

Female Representation in National Legislatures Worldwide

No country had more than 50% women1. Rwanda 48.8%25. Afghanistan 27.3%64. Nepal and Italy 17.3%68. United States 16.3% These statistics do not mean very

much without the back story to explain them, but they still say something to how women are represented in their countries.

Women and LawThe U.S. kept the British common

law that utilized the doctrine of femme couverte, or covered women: Husband and wife were one person under law, and she was his sexual property.

Covered WomenWomen could not seek

employment without the husband’s consent

Women could not keep their wages, own property, or sue

They could not exercise control over their children, or control their reproductive lives

Rape could not exist inside a marriage

Cases and ActsWomen did not have legal

protection against violence until the 80’s and 90’s ◦Rape shield law◦Notification of sexual offenders◦Temporary and Protective restraining

orders◦Violence Against Women Act 1994

Cases and ActsGriswold v. Connecticut 1965

◦Gave rights to contraceptivesRoe v. Wade

◦Gave rights to abortionsMuller v. Oregon

◦Reaffirmed justification for limiting women’s employment based on protecting women’s reproductive functions

◦For the “well-being of the race” women’s right to contract freely needed to have limits

DivorceBefore the creation of a no-fault

divorce people had to sue for a divorce and someone had to be found in blame

Alimony- payment women traditionally received as compensation for unpaid work as wives and mothers, has been cut since the 70’s.

Public PolicyState policies determine rights

and privilegesThe state has the power to

exclude/discriminate groups, and create policy in favor of groups

State represents the dominate groups in society and supports their interests

WelfareRace and Gender inequities

strongly influence poverty in the U.S.

8 million families are living in poverty◦22% Latinas/os10% Asian American◦25% African American 9% White

Boot Strap MythThis myth means the individual is able to

“overcome” and succeed regardless of structure aspects of the labor force and societal systems that promote classism

“Pull yourself up by your own bootstraps”

This myth can explain the social stigma of people on Welfare

PRWORA and changing AFDC to TANF are examples of cutting assistance to families

Criminal Justice System

Men (mostly men of color) are more likely to end up in prison

7% of prisoners women, African American women 3 times more likely than white women to end up in prison

Women are more likely to be first time offenders, less likely to use firearms, and more likely to use household items as weapons

The MilitaryWomen were not always allowed to serve

in militaryMilitary promotes masculine cultural traits

EX: violence, aggression, competition1 in 7 of soldiers serving in the Iraq war is

a woman (45% of those women are mothers)

Women often face sexualized violence and harassment

Homophobia in the military “Don’t Ask Don’t Tell Policy”