The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of the Creator. (20-21) Background to Muller v. Oregon section, ¶ 3).
Bradwell v. Illinois (1979) constitutes the first case initiated in a long line of cases that denied women protection against sex. This study examines five cases from the long line of cases relating to women's rights, from the past. As noted in this paper's introduction, the following five cases serve as samples of cases relating to women's rights:
1. Reed v. Reed, 404 U.S. 71 (1971)
2. Craig v. Boren, 429 U.S. 190 (1976)
3. United States ex-rel Robinson v. York, 281 F. Supp. 8 (D. Conn. 1968)
4. Liberti v. York, 28 Conn. Supp. 9, 246 a.2d 106 (S. Ct. 1968)
5. Estelle v. Gamble, 429 U.S. 97 (1976):
Reed v. Reed, 404 U.S. 71 (1971)
The Oyez Project recounts that in regard to Reed v. Reed (1971), the Idaho Probate Code specified that "males must be preferred to females" in appointing administrators of estates (1971, p. 1). Following the death of the adopted son of Sally and Cecil Reed, who were estranged and separated at this time, both sought to be named as the administrator of their son's estate. When the Probate Code appointed Cecil as administrator of the estate, Sally challenged the law in Court. The primary question this case addressed, queried: "Did the Idaho Probate Code violate the Equal Protection Clause of the Fourteenth Amendment?" (the oyez…, 1971, p. 1). The decision regarding this case was unanimous in regard to the Court's argument that giving either sex over members of the other mandatory preference simply to accomplish the elimination of hearings on the merits, makes the arbitrary legislative choice the Equal Protection Clause of the Fourteenth Amendment forbids.
Ultimately, the Court held the law's dissimilar treatment of men and women to be unconstitutional. "[T]he choice in this context," the court determined may not lawfully be mandated solely on the basis of sex." (the oyez…, 1971, p. 1)
Craig v. Boren, 429 U.S. 190 (1976)
In response to an Oklahoma law prohibiting the sale of "nonintoxicating" 3.2% beer to males under the age of 21 and to females under the age of 18, the focus for Craig v. Boren (1976), as briefly noted in this paper's introduction, a licensed vendor, along with Curtis Craig, at the time between the ages of 18 and 21, and challenged the Oklahoma law as discriminatory. For this case, the Court considered the question: "Did an Oklahoma statute violate the Fourteenth Amendment's Equal Protection Clause by establishing different drinking ages for men and women?" ?(the oyez…, 1976, p.1). The decision merited a 7-to-2 vote.
The Court found that the Oklahoma statute did make unconstitutional gender classifications. "The Court held that the statistics relied on by the state of Oklahoma were insufficient to show a substantial relationship between the law and the maintenance of traffic safety. Generalities about the drinking habits of aggregate groups did not suffice" ?(the oyez…, 1976, p.1). In addition, the Court found that in the case the Twenty-first Amendment did not alter the application of the Equal Protection Clause. United States ex-rel Robinson v. York, 281 F. Supp. 8 (D. Conn. 1968)
In United States ex-rel Robinson v. York (1968), M. Popiel (1980) explains, the Court considered the argument the Courts had previously rejected until the late 1960's that disparate sentencing violated the equal protection clause of the Constitution.. The United States District Court for the District of Connecticut held for Robinson v. York that State statutes which mandated sex-based disparate sentencing violated the equal protection clause.
As a result of the determination regarding Robinson v. York...
Daniel (1968) and the 1973 New Jersey Supreme Court following suit in State v. Chambers., statutory sentencing schemes treating men and women differently are not likely to withstand challenge . Retrieved April 3,
2009, fromStill, a broad discretionary power vested in sentencing judges and parole boards continues to exist, permitting gross and irremediable violations of equal protection. Popiel (1980) purports:
Violations are virtually invisible; only the decision itself can be scrutinized, and the means through which the decision was reached remain hidden. It is suggested that the solution to violation of the equal protection clause is to limit the discretionary power of sentencing judges and parole boards. This can be achieved by providing a mechanism to review sentencing and related decisions and by limiting the factors which may lawfully be considered. The proposed limitation demands some modification of the rehabilitative model. The judge or parole board should not be permitted to delve into every aspect of the offender's background and personality. Reviewing sentences and parole decisions, structuring discretion, and maximizing consistency through use of guidelines are recommended to improve the present system of discriminatory individualized sentencing. (Popiel, 1980, Abstract)
Liberti v. York, 28 Conn. Supp. 9, 246 a.2d 106 (S. Ct. 1968)
Barbara Allen Babcock (1975) recounts the case of Liberti v. York (1968) in Sex Discrimination and the Law: Causes. In this case, a Connecticut superior Court challenges considerations relating to a 'legitimate basis' for that state's sex-differential sentencing statute. Although the researcher invested a number of hours searching for more information regarding Liberti v. York, the researcher ultimately surmised that a dearth of information exists regarding this particular case. What the researcher surmised from the minimal retrieved literature was that in Liberti v. York, the U.S. Supreme Court held that as males convicted of the same crime could only be sentenced to a maximum of one year, while the female plaintiff's indeterminate sentences of up to three years simultaneously violated the equal protection clause. Basically, prior to Liberti v. York, women received longer prison sentences than males. The determination of Liberti v. York, albeit reportedly settled that particular problem. (***source needed here)
Estelle v. Gamble, 429 U.S. 97 (1976)
In Estelle v. Gamble (1976), he U.S. Supreme Court established framework for evaluating medical care in the prison setting with this prohibition against "deliberate indifference" to the inmates' serious illness or injury. The Court concluded that as the incarcerated inmate must rely on prison authorities to treat his/her medical needs, and if the prison authorities neglect to ensure the inmate's medical needs are met, they will not be met. The Eighth Amendment purports that the deliberate indifference to medical needs constitutes the unnecessary and wanton infliction of pain." In addition, when indifference prohibits treatment of the inmate's medical needs, it does not matter whether the prison doctor (by his/her response to the inmate's medical needs) or by the correctional officers (by intentionally denying or delaying access to medical care or intentionally interfering with the treatment once the physician recommenders it) initiates the indifference, the prison maintains the responsibility for the neglect. (Morrison, 1996).
Estelle v. Gamble relates to the medical issues available for women inside the prison systems. Although the case did not directly qualify as a woman-specific case, following its ruling, prisons began to set the guideline standards from this case as for providing adequate medical care for incarcerated women with medical conditions. The primary fact, the researcher asserts, behind this case is the fact it brought the medical attention needed to ensure the prisons provided proper medical care to prisoners who needed treatment (***). The Supreme Court's ban on cruel and unusual punishment initially intended to prevent physical mutilation and torture
Today, particularly in the context of the death penalty, cruel and unusual punishment proves to be a matter of extreme controversy (Morrison, 1996, p. 111).
Peter M. Carlson and Judith Simon Garrett (1999) report in Prison and jail administration: practice and theory, that even though the equal protection clause primarily protects members of racial minorities the clause ultimately evolved into a broad charter of equal treatment. Its current reach extends beyond race to protect aliens, women, illegitimates and other insular or discrete minorities. In the political process, these particular groups have reportedly…
Babcock, Barbara Allen. (1975). Sex Discrimination and the Law: Causes. Retrieved April 3,
2009, from http://books.google.com/books?id=pi5AAAAAIAAJ&q=Liberti+v.+York&dq=Li
The Columbia World of Quotations. (1996). Columbia University Press. New York.
practice and theory. Jones & Bartlett Publishers. Retrieved April 3, 2009, from http://books.google.com/books?id=JXcRjH4vWcMC
Fulkerson, a., & Patterson, S.L. (2006). Victimless Prosecution of Domestic Violence in the Wake of Crawford V. Washington. Retrieved April 1, 2009, from Questia database http://www.questia.com/read/5028588350?title=Victimless%20Prosecution%20of%20
Oxford University Press U.S.. Retrieved April6, 2009, from http://books.google.com/books?id=Si0lupMPrEoC
Popiel, M. (1980). NCJRS Abstract. Retrieved April 5, 2009 from http://www.ncjrs.gov/App/publications/Abstract.aspx?id=76754
The Oyez Project, Craig v. Boren, 429 U.S. 190. (1976). Retrieved March 31, 2009 from http://oyez.org/cases/1970-1979/1976/1976_75_628
The Oyez Project, Reed v. Reed, 404 U.S. 71. (1971). Retrieved March 31, 2009 from http://oyez.org/cases/1970-1979/1971/1971_70_4
2009, from Questia database: http://www.questia.com/PM.qst?a=o&d=5019333265
Retrieved April 1, 2009, from http://books.google.com/books?id=3GgWoIUt91UC
Women's Equality Day (2002). Presidential Press. Retrieved April 5, 2009 from http://womenshistory.about.com/library/news/pr/blpr0208.htm
As in most other places around the world, the demands of family - caring for children, keeping house, obtaining and preparing food for meals - fall predominantly on women. In the case of Cuba this situation is made worse by the distortions of the communistic economy: People's motivation to work waned as there was little to work for. Money came to have little meaning in the legal economy - but
Women Rights William Thompson and Anna Wheeler Appeal of One Half the Human Race" It is true that women around the world face problems because of the assumption that they are weaker and thus cannot perform many of the tasks that men can and because of biological differences which give men more physical strength, women have to face discrimination in many fields. While it is a fact that men are physically stronger, this
Abortion Woman RightsEach day of every year, across every region of the earth, people discover they are expectant. Women of various ages, races, social classes, and educational levels are central to the spectacle that ensues after learning you are expecting. Pregnancy can be a source of great happiness; however, it may equally be a source of great dread (Kaczor,2014). Unintended pregnancies can leave women and men feeling anxious, dreadful, and
Women's Rights Although women have seen substantial progress as a group in the United States due to the women's rights movement, globally women still struggle to attain parity with men, particularly in the resource-poor developing world. Although women have assumed politically prominent leadership positions in the U.S., Germany, Canada, and other major national powerhouses, overall, females have struggled to attain parity with men in the world community as a whole. Globally,
Women Participation in Marine Industry The Relation Ship between the Participation of Woman in Maritime Sectors and Various Policy Organizations Women represent a considerable portion of the world's labor force. However they face the hurdles of wage discrimination, harassment, and occupational segregation which ultimately limit their economic advancement. Historically, marine industry does not tend to be a successful career path for women. However, with the passage of time women have penetrated quite
Women The sphere of women's work had been strictly confined to the domestic realm, prior to the Industrial Revolution. Social isolation, financial dependence, and political disenfranchisement characterized the female experience prior to the twentieth century. The suffrage movement was certainly the first sign of the dismantling of the institutionalization of patriarchy, followed by universal access to education, and finally, the civil rights movement. Opportunities for women have gradually unfolded since the