Supreme Court Decisions and Women's Rights / Edition 2

by Clare Cushman

Overview

Since the publication of the first edition of Supreme Court Decisions and Women’s Rights in 2000, there have been significant developments both in the make up of the Court and the rulings it has issued. The past decade saw the departure of highly revered Justice Sandra Day O’Connor and the historic appointment of the first Latina woman, Justice Sonia Sotomayor. Over that same time period, there have been several important decisions affecting gender law, including:

Gonzales v. Carhart (2007), which upheld the federal ban on partial-birth abortion signed by President Bush in 2003.

Ledbetter v. Goodyear Rubber & Tire Co. (2007) found that too much time had lapsed for former-Goodyear employee Lilly Ledbetter to seek back wages for the years she received discriminatory lower pay.

AT&T Corp. v. Hulteen (2009) held that companies that discriminated against pregnant women employees prior to passage of the Pregnancy Discrimination Act of 1978, could carry that discrimination over into calculating pension pay.

Featuring more than 100 cases and updated biographies, Supreme Court Decisions and Women’s Rights provides a complete study of all the important issues and movements involving the Supreme Court and the role it plays in shaping women’s rights.

Product Details

ISBN-13:	9781608714070
Publisher:	SAGE Publications
Publication date:	08/10/2010
Edition description:	Second Edition
Pages:	351
Product dimensions:	7.40(w) x 9.00(h) x 0.90(d)

About the Author

Clare Cushman is director of publications for the Supreme Court Historical Society, a private nonprofit organization dedicated to the collection and preservation of the history of the Supreme Court of the United States. The Society accomplishes its mission by conducting educational programs of interest to legal practitioners, scholars, and the general public by supporting historical research; by publishing books, journals,
and electronic materials; and by collecting antiques and artifacts related to the Court’s history.

Table of Contents

	Contributors	ix
	Foreword	xi
	Introduction	xiii
	Acknowledgments	xv
I	Romantic Paternalism	1
	Early Exclusion	2
	Barred from Being Lawyers	2
	Bradwell v. Illinois (1873)
	The Right to Practice a Trade	4
	Slaughter-House Cases (1873)
	Denied: The Right to Vote	7
	Minor v. Happersett (1875)
	Myra Bradwell (1831-1894): Editor, Publisher, Reformer	8
	Susan B. Anthony on Trial	12
	The Nineteenth Amendment	14
	Protecting Women's Health and Morals	16
	The Nature of Women's Work	16
	The Ten-Hour Working Day	17
	Muller v. Oregon (1908)
	Minimum Wage Laws	19
	Adkins v. Children's Hospital of D.C. (1923)
	West Coast Hotel Co. v. Parrish (1937)
	Ending Protective Legislation for Women	21
	No Place for a Lady: Women Bartenders	21
	Goesaert v. Cleary (1948)
	Florence Kelley: Crusader for Reform	22
	George Sutherland: Supporter of Women's Suffrage	23
2	Jury Duty	27
	Women as "The Center of Home and Family Life"	27
	Strauder v. West Virginia (1880)
	Hoyt v. Florida (1961)
	"A Fair Cross Section of the Community"	29
	Taylor v. Louisiana (1975)
	Ballard v. United States (1946)
	Gwendolyn Hoyt: A Neglected Wife Strikes Back	30
	Duren v. Missouri (1979)
	Picking A Jury	35
	J.E.B. v. Alabama ex rel. T.B. (1994)
3	Sex Discrimination: the Search for A Standard	37
	Interpreting the Equal Protection Clause	37
	Four Turning Points	39
	Breaking New Ground	39
	Read v. Reed (1971)
	Sally Reed: A Mother Grieves for Her Son	40
	A Double Standard for Benefits	42
	Frontiero v. Richardson (1973)
	Sharron Frontiero: The Patient after Whom the Disease Was Named	44
	Justice for Beer Drinkers	47
	Craig v. Boren (1976)
	Mark Walker, Curtis Craig, and Carolyn Whitener: Two Fraternity Brothers and a Beer Vendor	52
	The Most Recent Standard	55
	United States v. Virginia (1996)
	Ruth Bader Ginsburg as Litigator: Shaping the Law	62
4	Women in the Family: From Subordinates to Equal Partners	68
	Unequal Benefits for Widows Versus Widowers	68
	Weinberger v. Wiesenfeld (1975)
	Califano v. Goldfarb (1977)
	Wengler v. Druggists Mut. Ins. Co. (1980)
	Stephen Wiesenfeld: A Father Sues for the Right to Stay Home	72
	Compensating Women for Past Discrimination	75
	Kahn v. Shevin (1974)
	Califano v. Webster (1977)
	Harmful Stereotypes	78
	Age of Majority: Twenty-one for Boys, Eighteen for Girls	78
	Stanton v. Stanton (1975)
	Alimony for Men, Too	79
	Orr v. Orr (1979)
	Unemployed Fathers, Unemployed Mothers	81
	Califano v. Westcott (1979)
	Husband as "Head and Master" of Household	82
	Kirchberg v. Feenstra (1981)
	The Equal Rights Amendment	83
5	Single-Sex Schools	86
	A Nursing School for Women Only	87
	Mississippi Univ. for Women v. Hogan (1982)
	Joe Hogan: Male Nurse	90
	Women as Citizen-Soldiers	93
	United States v. Virginia (1996)
	Gender Equity in Education: Title IX of the Education Act Amendments of 1972	96
6	Different Treatment of Men and Women	98
	Women and the Armed Forces	98
	Combat Ships and Sea Duty	99
	Schlesinger v. Ballard (1975)
	Registering Women for the Draft	100
	Rostker v. Goldberg (1981)
	Giving Veterans Job Preferences	103
	Personnel Administrator of Mass. v. Feeney (1979)
	Helen B. Feeney: A Veteran Fighter	106
	Unwed Fathers and Their Children	108
	Child Custody	108
	Stanley v. Illinois (1972)
	The Right to Veto an Adoption and to Sue for Wrongful Death	109
	Caban v. Mohammed (1979)
	Parham v. Hughes (1979)
	Lehr v. Robertson (1983)
	Children Born Outside the United States	111
	Lorelyn Penero Miller v. Madeleine K. Albright (1998)
	Teenage Sex	113
	Michael M. v. Superior Court of Sonoma Cty. (1981)
7	Discrimination in the Workplace	117
	Title VII of the Civil Rights Act of 1964: Legislating Equality in the Workplace	119
	Getting Hired	121
	Mothers with Pre-school Age Children	121
	Phillips v. Martin Marietta Corp. (1971)
	Height and Weight Requirements	123
	Dothard v. Rawlinson (1977)
	Dianne Kimberly Rawlinson: A Petite Prison Guard	124
	Making Partner	128
	Hishon v. King & Spalding (1984)
	Price Waterhouse v. Hopkins (1989)
	Ann Hopkins: Neither Woman Nor Man Enough to Make Partner	130
	Affirmative Action	134
	Johnson v. Transportation Agency, Santa Clara Cty. (1987)
	Paul Johnson: Victim of Affirmative Action	138
	The Equal Pay Act of 1963: A Remedy for Women	140
	Pay and Benefits	143
	Working on the Night Shift	143
	Corning Glass Works v. Brennan (1974)
	Equal Pay for Comparable Worth	145
	County of Washington v. Gunther (1981)
	Discrimination in Fringe Benefits	147
	Los Angeles Department of Water and Power v. Manhart (1978)
	Arizona Governing Committee v. Norris (1983)
8	Sexual Harassment	152
	Sexual Harassment on the Job	152
	Meritor Savings Bank, FSB v. Vinson (1986)
	Harris v. Forklift Systems, Inc. (1993)
	Sexual Harassment Gains National Attention	156
	Same-Sex Harassment	156
	Oncale v. Sundowner Offshore Services, Inc. (1998)
	Unfulfilled Threats	158
	Burlington Industries, Inc. v. Ellerth (1998)
	Faragher v. City of Boca Raton (1998)
	Sexual Harassment in Schools	160
	Teachers Harassing Students	160
	Franklin v. Gwinnett County Public Schools (1992)
	Gebser v. Lago Vista Independent School Dist. (1998)
	Students Harassing Other Students	162
	Davis v. Monroe County School Bd. of Ed. (1999)
9	Pregnancy and Childbirth	164
	Should Pregnant Teachers Teach?	165
	Cleveland Bd. of Ed. v. LaFleur (1974)
	Pregnancy is Not a Disability	168
	Geduldig v. Aiello (1974)
	General Elec. Co. v. Gilbert (1976)
	Having A Baby, Losing Seniority	172
	Nashville Gas Co. v. Satty (1977)
	The Pregnancy Discrimination Act of 1978	173
	Discriminating Against Men: Coverage of Workers' Wives	174
	Newport News Shipbuilding & Dry Dock Co. v. EEOC (1983)
	Special Versus Equal Treatment for Pregnant Workers	176
	California Fed. Sav. & Loan Assn. v. Guerra (1987)
	Fertile Women Need Not Apply	178
	Automobile Workers v. Johnson Controls, Inc. (1991)
	Capt. Susan Struck: The Case That Got Away	180
	Family Leave	181
	Contraception	182
	The Right to Privacy	182
	The Battle for Birth Control	182
	Griswold v. Connecticut (1965)
	Eisenstadt v. Baird (1972)
	Estelle Griswold: Challenging the Ban on Birth Control	186
	Abortion	188
	Abortion Reform Laws	188
	The First Decision: Roe v. Wade	189
	Roe v. Wade (1973)
	Doe v. Bolton (1973)
	Roe: The Aftermath	190
	Abortion Funding	191
	Maher v. Roe (1977)
	Harris v. McRae (1980)
	Rust v. Sullivan (1991)
	Consent of Husband, Parents	193
	Planned Parenthood Assn. of Central Mo. v. Danforth (1976)
	Bellotti v. Baird (1979)
	Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft (1983)
	Hodgson v. Minnesota (1990)
	Ohio v. Akron Center for Reproductive Health, Inc. (1990)
	Dr. Jane E. Hodgson: Abortion Pioneer	195
	Abortion Procedure	196
	City of Akron v. Akron Center for Reproductive Health (1983)
	Thornburgh v. American College of Obstetricians & Gynecologists (1986)
	Reconsidering Roe	197
	Webster v. Reproductive Health Services (1989)
	Casey: Reaffirming Roe	198
	Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
	Stenberg v. Carhart (2000)
	Alias Jane Roe: The Story of Norma Nelson McCorvey	202
	Antiabortion Demonstrations at Clinics	204
11	Leading the Way	207
	Women Bar Members and Advocates	207
	Belva A. Lockwood: First Woman Member of the Supreme Court Bar and First Woman to Argue Before the Court	207
	First Ladies of the Supreme Court	208
	The First Women Members of the Supreme Court Bar, 1879-1900	216
	Susan Brandeis: A Justice's Daughter Argues Before His Court	234
	The First Female Law Clerks	235
	Lucile Lomen: First Woman Law Clerk	235
	The First Female Law Clerks	236
	Near Misses: Women Considered for Appointment to the Supreme Court	243
	Women on the Supreme Court	247
	Sandra Day O'Connor: First Woman Justice	247
	Ruth Bader Ginsburg: From Litigator to Justice	252
	Glossary	261
	Timelines	269
	Bibliography	274
	Index	283
	Illustration credits	297

Editorial Reviews

Gr 9 Up—A thorough, updated history of the high court's cases involving women's rights. Divided into 11 chapters, the text presents a chronology of legal decisions beginning with the post-Civil War era when women sought to enter various professions and claim suffrage. Other chapters encompass topics such as jury duty, women's rights within the family, single-sex schools, workplace discrimination, sexual harassment, and reproductive rights. The chapters cite and quote from pertinent cases and offer historical context. Importantly, the arrangement allows readers to see the evolution of rights and laws within the changing social, economic, and political landscape of the country. Black-and-white photographs and reproductions are scattered throughout, and edifying sidebars offer appealing additional information. The final chapter, "Leading the Way" chronicles female attorneys who first argued before the Supreme Court, the first female law clerks, and the four women who have served or are currently serving on the high court. A great resource for reports and a handy reference tool for students and teachers alike.—Patricia Ann Owens, Illinois Eastern Community Colleges

School Library Journal

Eleven contributed chapters relate the Court's evolution in cases regarding the application of its "Equal Justice Under Law" motto to women. Includes a foreword by Justice Ruth Bader Ginsburg, b&w photos of legal pioneers, and a glossary of legal terms. Co- published with the Supreme Court Historical Society. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews