Timeline of women's legal rights in the United States (other than voting) represents formal legal changes and reforms regarding women's rights in the United States. That includes actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
s. For such things outside as well as in the United States, see ''
Timeline of women's legal rights (other than voting)
Timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by ...
.'' The right to vote is exempted from the timeline: for that right, see ''
Timeline of women's suffrage in the United States
This timeline highlights milestones in women's suffrage in the United States, particularly the right of women to vote in elections at federal and state levels.
1780s
180px, Susan B. Anthony, 1870
1789: The Constitution of the United S ...
''. The timeline also excludes ideological changes and events within feminism and antifeminism: for that, see ''
Timeline of feminism in the United States
This is a timeline of feminism in the United States. It contains feminist and antifeminist events. It should contain events within the ideologies and philosophies of feminism and antifeminism. It should, however, not contain material about change ...
''.
Before the 19th century
; 1641
* Massachusetts: The 1641 Body of Liberties of the Massachusetts Bay colonists declared that a married woman should be "free from bodilie correction or stripes by her husband."
; 1662
* Virginia colony: The Virginia colony passed a law incorporating the principle of ''
partus sequitur ventrem
''Partus sequitur ventrem'' (L. "That which is born follows the womb"; also ''partus'') was a legal doctrine passed in colonial Virginia in 1662 and other English crown colonies
A Crown colony or royal colony was a colony administered by The ...
'', ruling that children of enslaved mothers would be born into
slavery
Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
, regardless of their father's race or status.Taunya Lovell Banks, "Dangerous Woman: Elizabeth Key's Freedom Suit – Subjecthood and Racialized Identity in Seventeenth Century Colonial Virginia" 41 ''Akron Law Review'' 799 (2008), Digital Commons Law, University of Maryland Law School, accessed 21 April 2009 This was in contradiction to English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
for English subjects, which based a child's status on that of the father.
; 1664
* Maryland: Maryland declared that any Englishwoman who married a slave had to live as a slave of her husband’s master.
; 1718
* Province of Pennsylvania (now U.S. state of Pennsylvania): Married women allowed to own and manage property in their own name during the incapacity of their spouse.
19th century
; 1820–1900
* Primarily through the efforts of physicians in the
American Medical Association
The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016.
The AMA's state ...
and legislators, most
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
s in the U.S. were outlawed.
; 1821
* Maine: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
* Connecticut: A law targeted apothecaries who sold "poisons" to women for purposes of inducing an abortion.
; 1827
* Illinois: An 1827 Illinois law prohibited the sale of drugs that could induce abortions. The law classed these medications as a "poison". The 1827 law was the first in the nation to impose criminal penalties in connection with abortion before
quickening
In pregnancy terms, quickening is the moment in pregnancy when the pregnant woman starts to feel the fetus' movement in the uterus.
Medical facts
The first natural sensation of quickening may feel like a light tapping or fluttering. These sensat ...
.
* New York: The first statute to criminalize abortion in New York State was enacted in 1827. This law made post-
quickening
In pregnancy terms, quickening is the moment in pregnancy when the pregnant woman starts to feel the fetus' movement in the uterus.
Medical facts
The first natural sensation of quickening may feel like a light tapping or fluttering. These sensat ...
abortions a felony and made pre-quickening abortions a misdemeanor.
; 1829
* New York: New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor.
; 1835
* Arkansas: Married women allowed to own (but not control) property in their own name.
* Massachusetts: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
* Tennessee: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1839
*
Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
: The Married Women's Property Act 1839 grants married women the right to own (but not control) property in her own name.
; 1840
* Maine: Married women allowed to own (but not control) property in their own name.
; 1841
* Maryland: Married women allowed to own (but not control) property in their own name.
; 1842
* New Hampshire: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1843
* Kentucky: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1844
* Maine: Married women granted separate economy.
* Maine: Married women granted trade license.
* Massachusetts: Married Women granted separate economy.
; 1845
* New York: Married women granted patent rights.
* New York: New York passed a statute that said women who had abortions could be given a prison sentence of three months to a year. They were one of the few states at the time to have laws punishing women for getting abortions.
* Florida: Married women allowed to own (but not control) property in their own name.
; 1846
* Alabama: Married women allowed to own (but not control) property in their own name.
* Kentucky: Married women allowed to own (but not control) property in their own name.
* Ohio: Married women allowed to own (but not control) property in their own name.
* Michigan: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1848
* New York: Married Women's Property Act grant married women separate economy.
* Pennsylvania: Married women granted separate economy.
* Rhode Island: Married women granted separate economy.
; 1849
* Alabama: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
* Connecticut: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
* Missouri: Married women allowed to own (but not control) property in their own name.
* South Carolina: Married women allowed to own (but not control) property in their own name.
1850–1874
; 1850s
* Illinois: When Illinois opened its first hospital for the mentally ill in 1851, the state legislature passed a law that within two years of its passage was amended to require a public hearing before a person could be committed against his or her will. There was one exception, however: a husband could have his wife committed without either a public hearing or her consent.
; 1850
* California: Married Women's Property Act grant married women separate economy.
* Wisconsin: Married Women's Property Act grant married women separate economy.
* Oregon: Unmarried women are allowed to own land.Richard J Evans (1979). Kvinnorörelsens historia i Europa, USA, Australien och Nya Zeeland 1840–1920 (The Feminists: Women's Emancipation Movements in Europe, America and Australasia, 1840–1920) Helsingborg: LiberFörlag Stockholm. (Swedish)
* Tennessee: Tennessee became the first state in the United States to explicitly outlaw wife beating.
; 1852
* New Jersey: Married women granted separate economy.
* Indiana: Married women allowed to own (but not control) property in their own name.
* Wisconsin: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1854
* Massachusetts: Married women granted separate economy.
; 1855
* Michigan: Married women granted separate economy.
; 1856
* Connecticut: Married women granted patent rights.
; 1857
* Maine: Married women granted the right to control their own earnings.
* Oregon: Married women allowed to own (but not control) property in their own name.
* Oregon: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1859
* Kansas: Married Women's Property Act granted married women separate economy.
; 1860
* New York: New York's Married Women's Property Act of 1860 passed. Married women granted the right to control their own earnings.
* Maryland: Married women granted separate economy.
* Maryland: Married women granted the right to control their earnings.
* Maryland: Married women granted trade license.
* Massachusetts: Married women granted trade licenses.
; 1861
* Illinois: Married women granted separate economy.
* Ohio: Married women granted separate economy.
* Illinois: Married women granted control over their earnings.
* Ohio: Married women granted control over their earnings.
; 1862
* New York: New York's Married Women's Property Act of 1860 was amended so that women lost equal guardianship of their children, and only had veto power over decisions on apprenticeship and the appointment of testamentary guardians. Also, the parts of the 1860 law that made husbands and wives equal in realty in cases of intestacy were overturned.
; 1864
* North Carolina: The Supreme Court of North Carolina decided, in the case ''State v. Black'', that, "A husband cannot be convicted of a battery on his wife unless he inflicts a permanent injury or uses such excessive violence or cruelty as indicates malignity or vindictiveness; and it makes no difference that the husband and wife are living separate by agreement."
; 1865
* Louisiana: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1867
* Illinois: In 1867, the State of Illinois passed a "Bill for the Protection of Personal Liberty" which guaranteed all people accused of insanity, including wives, had the right to a public hearing.
* Illinois: Illinois passed a bill in 1867 that made abortion and attempted abortion a criminal offense.
* Alabama: Married women granted separate economy.
* New Hampshire: Married women granted separate economy.
; 1868
* North Carolina: Married women granted separate economy.
* Arkansas: Married women granted trade license.
* Kansas: Married women granted separate economy.
* Kansas: Married women granted trade license.
* Kansas: Married women granted control over their earnings.
* South Carolina: Married women allowed to own (but not control) property in their own name.
* Georgia: Married women allowed to own (but not control) property in their own name.
* New York City: Susannah Lattin's death led to an investigation that resulted in regulating maternity clinics and adoptions in New York City in 1868.
; 1869
* Minnesota: Married women granted separate economy.
* Georgia: Married women granted separate economy.
* South Carolina: Married women granted separate economy.
* South Carolina: Married women granted trade license.
* Tennessee: Married women granted separate economy.
* Iowa: Married women granted control over their earnings.
* Illinois and Massachusetts: In 1869 legislation was passed in Illinois and Massachusetts allowing married women equal rights to property and custody of their children.
; Circa 1870
* Illinois: Around 1870, Illinois passed another law banning the sale of drugs that could cause induced abortions. The law is notable because it allowed an exception for "the written prescription of some well-known and respectable practicing physician".
; 1870
* Wyoming Territory: Justice Howe of the Wyoming Territory saw fit to extend women the rights to sit on a jury in 1870. This was put into action and women served on gender-mixed juries with men for the next year. The first woman to serve on a jury was Eliza Stewart Boyd. But once Howe was replaced by his successor in 1871, women were no longer called upon to serve on juries. (1870, 1890–1892).
; 1871
* Mississippi: Married women granted separate economy.
* Mississippi: Married women granted trade license.
* Mississippi: Married women granted control over their earnings.
* Arizona: Married women granted separate economy.
* Arizona: Married women granted trade license.
; 1872
* New York: New York state made it a penalty to perform an abortion, with a criminal sentence of between 4 and 20 years in prison.
* Pennsylvania: Married women granted control over their earnings.
* California: Married women granted separate economy.
* Montana: Married women granted separate economy.
* California: Married women granted trade license.
* California: Married women granted control over their earnings.
* Wisconsin: Married women granted control over their earnings.
; 1873
* Arkansas: Married women granted separate economy.
* Kentucky: Married women granted separate economy.
* North Carolina: Married women granted control over their earnings.
* Kentucky: Married women granted trade license.
* Arkansas: Married women granted control over their earnings.
* Delaware: Married women granted control over their earnings.
* Iowa: Married women granted separate economy.
* Nevada: Married women granted separate economy.
* Iowa: Married women granted trade license.
* Nevada: Married women granted trade license.
* Nevada: Married women granted control over their earnings.
* The ''
Comstock Law
The Comstock laws were a set of federal acts passed by the United States Congress under the Grant administration along with related state laws.Dennett p.9 The "parent" act (Sect. 211) was passed on March 3, 1873, as the Act for the Suppression of ...
'' was a federal act passed by the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
on March 3, 1873, as the Act for the "Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use". The Act criminalized usage of the
U.S. Postal Service
The United States Postal Service (USPS), also known as the Post Office, U.S. Mail, or Postal Service, is an independent agency of the executive branch of the United States federal government responsible for providing postal service in the U. ...
to send any of the following items:Horowitz, Helen Lefkowitz. Rereading Sex. New York: Random House, 2002.
**
erotica
Erotica is literature or art that deals substantively with subject matter that is erotic, sexually stimulating or sexually arousing. Some critics regard pornography as a type of erotica, but many consider it to be different. Erotic art may use a ...
**
contraceptive
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
s
**
abortifacient
An abortifacient ("that which will cause a miscarriage" from Latin: ''abortus'' "miscarriage" and '' faciens'' "making") is a substance that induces abortion. This is a nonspecific term which may refer to any number of substances or medications, ...
s
**
sex toy
A sex toy is an object or device that is primarily used to facilitate human sexual pleasure, such as a dildo, artificial vagina or vibrator. Many popular sex toys are designed to resemble human genitals, and may be vibrating or non-vibrating ...
s
** personal letters alluding to any sexual content or information
** information regarding the above items
: In places like
Washington D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, Na ...
, where the federal government had direct jurisdiction, the act also made it a misdemeanor, punishable by fine and imprisonment, to sell, give away, or have in possession any "obscene" publication. Half of the states passed similar anti-obscenity statutes that also banned possession and sale of obscene materials, including contraceptives.Beisel, Nicola. Imperiled Innocents. New Jersey: Princeton University Press, 1997.
: The law was named after its chief proponent,
Anthony Comstock
Anthony Comstock (March 7, 1844 – September 21, 1915) was an anti-vice activist, United States Postal Inspector, and secretary of the New York Society for the Suppression of Vice (NYSSV), who was dedicated to upholding Christian morality. He o ...
. Due to his own personal enforcement of the law during its early days, Comstock received a commission from the postmaster general to serve as a special agent for the U.S. Postal Services.
* '' Bradwell v. State of Illinois'', 83 U.S. 130 (1873), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that solidified the narrow reading of the
Privileges or Immunities Clause
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution.
Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868.
Text of the clause
The cl ...
of the Fourteenth Amendment, and determined that the right to practice a profession was not among these privileges. The case is also notable for being an early 14th Amendment challenge to
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
in the United States. In this case the United States Supreme Court held that Illinois constitutionally denied law licenses to women, because the right to practice law was not one of the privileges and immunities guaranteed by the Fourteenth Amendment. The Illinois Supreme Court affirmed.
; 1874
* Massachusetts: Married women granted control over their earnings.
* New Jersey: Married women granted control over their earnings.
* Rhode Island: Married women granted control over their earnings.
* New Jersey: Married women granted trade licenses.
* Colorado: Married women granted separate economy.
* Illinois: Married women granted trade license.
* Minnesota: Married women granted trade license.
* Montana: Married women granted control over their earnings.
* Montana: Married women granted trade license.
* Colorado: Married women granted trade license.
* Colorado: Married women granted control over their earnings.
1875–1899
; 1875
* The
Page Act of 1875
The Page Act of 1875 (Sect. 141, 18 Stat. 477, 3 March 1875) was the first restrictive federal immigration law in the United States, which effectively prohibited the entry of Chinese women, marking the end of open borders. Seven years later, the ...
(Sect. 141, 18 Stat. 477, 3 March 1875) was the first restrictive federal
immigration law
Immigration law refers to the national statutes, regulations
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the ...
in the United States, and effectively prohibited the entry of Chinese women, marking the end of
open border
An open border is a border that enables free movement of people (and often of goods) between jurisdictions with no restrictions on movement and is lacking substantive border control. A border may be an open border due to intentional legislation ...
Time Magazine
''Time'' (stylized in all caps) is an American news magazine based in New York City. For nearly a century, it was published weekly, but starting in March 2020 it transitioned to every other week. It was first published in New York City on Mar ...
'', Jan. 12, 2018. The law technically barred immigrants considered "undesirable," defining this as a person from East Asia who was coming to the United States to be a forced laborer, any East Asian woman who would engage in prostitution, and all people considered to be convicts in their own country. Only the ban on female East Asian immigrants was effectively and heavily enforced, and it proved to be a barrier for all East Asian women trying to immigrate, especially Chinese women. The Act was later repealed.
* New Hampshire: Married women granted trade licenses.
* Wyoming: Married women granted separate economy.
* Wyoming: Married women granted control over their earnings.
* Wyoming: Married women granted trade license.
; 1877
* Connecticut: Married women granted control over their earnings.
* Connecticut: Married women granted trade licenses.
* Dakota: Married women granted separate economy.
* Dakota: Married women granted control over their earnings.
* Dakota: Married women granted trade license.
* Wisconsin: On March 22, 1877, the Wisconsin legislature enacted a law which prohibited courts from denying admission to the bar on the basis of sex. The bill had been drafted by Lavinia Goodell and she worked with Speaker of the
Wisconsin State Assembly
The Wisconsin State Assembly is the lower house of the Wisconsin Legislature. Together with the smaller Wisconsin Senate, the two constitute the legislative branch of the U.S. state of Wisconsin.
Representatives are elected for two-year terms, ...
John B. Cassoday for it to pass.
; 1878
* Virginia: Married women granted separate economy.
; 1879
* Indiana: Married women granted separate economy.
* Indiana: Married women granted control over their earnings.
* California: "A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin." – California Constitution, Article I, §8 (1879).
* A law was enacted allowing qualified female attorneys to practice in any federal court in the United States.
; 1880
* The case '' Miles v. United States'', established that a second wife may testify as to her husband's bigamy, because their marriage is not ''de jure''.
* Oregon: Married women granted trade license.
* Oregon: Married women granted control over their earnings.
; 1881
* Vermont: Married women granted separate economy.
* Vermont: Married women granted trade license.
* Nebraska: Married women granted separate economy.
* Nebraska: Married women granted trade license.
* Nebraska: Married women granted control over their earnings.
* Florida: Married women allowed to own and manage property in their own name during the incapacity of their spouse.
; 1882
* ''
Lindon v. First National Bank
''Lindon v. First National Bank'', 10 F. 894 (W.D. Pa. 1882), is one of the very earliest precedent-setting Federal judiciary of the United States, US federal court cases involving common law name change.
A woman who had changed her last name to ...
'', 10 F. 894 (W.D. Pa. 1882), is one of the earliest precedent-setting US federal court cases involving
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
name change
Name change is the legal act by a person of adopting a new name different from their current name.
The procedures and ease of a name change vary between jurisdictions. In general, common law jurisdictions have loose procedures for a name chang ...
. A woman who had changed her last name to one that was not her husband's original surname was trying to claim control over her
inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
. The court ruled in her favor. This set forth many things. By common law, one may lawfully change their name and be "known and recognized" by that new name. Also, one may enter into any kinds of contracts in their new adopted name. Contracts include employment (see ''
Coppage v. Kansas
''Coppage v. Kansas'', 236 U.S. 1 (1915), was a Supreme Court of the United States case based on United States labor law that allowed employers to implement contracts—called yellow-dog contracts—which forbade employees from joining unions.
Th ...
'' 236 U.S. 1), and one can be recognized legally in court in their new name.
; 1883:
* Washington Territory: Women in the Washington Territory were granted jury service rights, but those rights were rescinded in 1887 due to a change in the territory's Supreme Court.VanBurkleo, Sandra F. 2015. ''Gender Remade: Citizenship, Suffrage, and Public Power in the New Northwest, 1879-1912.'' New York: Cambridge University Press.
; 1887
* Washington Territory: Women’s jury service rights were rescinded in 1887 due to a change in the territory's Supreme Court.
* Idaho: Married women granted separate economy.
* Idaho: Married women granted trade license.
* The
Edmunds–Tucker Act
The Edmunds–Tucker Act of 1887 was an Act of Congress that focused on restricting some practices of the Church of Jesus Christ of Latter-day Saints (LDS Church). An amendment to the earlier Edmunds Act, it was passed in response to the dispute ...
disincorporated both the LDS Church and the
Perpetual Emigration Fund
The Perpetual Emigrating Fund Company, commonly referred to as the Perpetual Emigration Fund (PEF), was a corporation established by the Church of Jesus Christ of Latter-day Saints (LDS Church) in 1849. The purpose of the corporation was to provid ...
on the grounds that they fostered
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
. The act prohibited the practice of polygamy and punished it with a fine of from $500 to $800 and imprisonment of up to five years. It dissolved the
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
of the church and directed the confiscation by the federal government of all church properties valued over a limit of $50,000. The act was enforced by the
U.S. Marshal
The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforce ...
and a host of deputies.
The act:
-Disincorporated the LDS Church and the Perpetual Emigrating Fund Company, with assets to be used for public schools in the Territory.L. Rex Sears, "Punishing the Saints for Their "Peculiar Institution": Congress on the Constitutional Dilemmas," 2001 Utah L. Rev. 581
-Required an anti-polygamy oath for prospective voters, jurors and public officials.
-Annulled territorial laws allowing illegitimate children to inherit.
-Required civil
marriage license
A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdiction ...
s (to aid in the prosecution of polygamy).
-Abrogated the common law
spousal privilege
In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal ...
for polygamists, thus requiring wives to testify against their husbands.
- Disenfranchised women (who had been enfranchised by the Territorial legislature in 1870).Women's Suffrage in Utah Jean Bickmore White, Utah History Encyclopedia
– Replaced local judges (including the previously powerful
Probate Court
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the Administration of an estate on death, administration of estates. In some jurisdictions, such courts ma ...
judges) with federally appointed judges.
– Abolished the office of Territorial superintendent of district schools, granting the supreme court of the Territory of Utah the right to appoint a commissioner of schools. Also called for the prohibition of the use of sectarian books and for the collection of statistics of the number of so-called
gentiles
Gentile () is a word that usually means "someone who is not a Jew". Other groups that claim Israelite heritage, notably Mormons, sometimes use the term ''gentile'' to describe outsiders. More rarely, the term is generally used as a synonym for ...
and Mormons attending and teaching in the schools. Edmunds–Tucker Act: Section 25 In 1890 the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
upheld the seizure of Church property under the Edmunds–Tucker Act in '' Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States''. The act was repealed in 1978.The practice of polygamy: legitimate free exercise of religion or legitimate public menace? Revisiting Reynolds in light of modern constitutional jurisprudence Richard A. Vazquez, Journal of Legislation & Public Policy (New York University School of Law), Volume 5, Number 1, Fall 2001Past and Present Proposed Amendments to the United States Constitution Regarding Marriage Edward Stein, Washington University Law Quarterly, Volume 82, Number 3, 2004
; 1889
* State of Washington: Married women granted separate economy.
* State of Washington: Married women granted control over their earnings.
* State of Washington: Married women granted trade license.
; 1890
* The case '' Bassett v. United States'', had a ruling that polygamous wives can be required to testify as they are not legally wives.
* Wyoming: "In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal. Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than the individual incompetency or unworthiness duly ascertained by a court of competent jurisdiction. The rights of citizens of the state of Wyoming to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges." – Wyoming Constitution, Articles I and VI (1890).
; 1894
* Louisiana: Married women granted trade license.
; 1895
*
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
: Separate economy allowed for married women.
* Utah: Married women granted separate economy.
* State of Washington: Married women granted control over their earnings.
* State of Washington: Married women granted trade license.
; 1896
* Utah: "The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy all civil, political and religious rights and privileges." – Utah Constitution, Article IV, §1 (1896).
; 1898
* Utah: The Utah State Legislature granted women permission to serve on juries in 1898. Even though women were able to serve on juries starting in 1898, women were able to seek exemption from jury duty and they did not regularly serve on juries until the 1930s.
20th century
1900–1939
; 1907
* Section 3 of the
Expatriation Act of 1907
The Expatriation Act of 1907 ( 59th Congress, 2nd session, chapter 2534, enacted March 2, 1907) was an act of the 59th United States Congress concerning retention and relinquishment of United States nationality by married women and Americans resid ...
provided for loss of citizenship by American women who married aliens.Tsiang, I-Mien (1942). ''The question of expatriation in America prior to 1907.'' Johns Hopkins Press. p. 114. OCLC 719352. Section 4 provided for retention of American citizenship by formerly alien women who had acquired citizenship by marriage to an American after the termination of their marriages. Women residing in the US would retain their American citizenship automatically if they did not explicitly renounce; women residing abroad would have the option to retain American citizenship by registration with a US.consul.Tsiang, I-Mien (1942). ''The question of expatriation in America prior to 1907.'' Johns Hopkins Press. p. 115. OCLC 719352. The aim of these provisions was to prevent cases of
multiple nationality
Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on t ...
landmark
A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances.
In modern use, the term can also be applied to smaller structures or f ...
decision in
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
history, as it was used to justify both
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
and usage of labor laws during the time period. The case upheld Oregon state restrictions on the working hours of women as justified by the special state interest in protecting women's health. The ruling had important implications for protective labor legislation.
* New York City: The
Sullivan Ordinance
The Sullivan Ordinance was a Local ordinance, municipal law passed on January 21, 1908, in New York City by the New York City Board of Aldermen, board of aldermen, barring the management of a public place from allowing women to Smoking, smoke wit ...
was a
municipal law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, ...
passed on January 21, 1908, in
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
by the board of aldermen, barring the management of a public place from allowing women to
smoke
Smoke is a suspension of airborne particulates and gases emitted when a material undergoes combustion or pyrolysis, together with the quantity of air that is entrained or otherwise mixed into the mass. It is commonly an unwanted by-product ...
within their venue.Brandt, Allan M. (2007). ''The Cigarette Century''. New York: Basic Books, page 57. The
mayor
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
at the time,
George B. McClellan Jr.
George Brinton McClellan Jr. (November 23, 1865November 30, 1940), was an American statesman, author, historian, and educator. The son of the American Civil War general and presidential candidate George B. McClellan, he was the 93rd Mayor of Ne ...
,
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto ...
ed the ordinance in February.
; 1910
* The ''White-Slave Traffic Act'', or the ''
Mann Act
The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois.
In its original form the act mad ...
'', is a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
, and in its original form made it a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of
prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
or
debauchery
Debauchery may refer to:
* Corruption
*Libertinism
*Lust
* Binge drinking
* Currency debasement
*Debauchery (band), a German death metal band
See also
*''Sodom, or the Quintessence of Debauchery'', a 1684 closet drama.
*LGBT rights in Kuwait
...
, or for any other immoral purpose". In practice, its
ambiguous
Ambiguity is the type of meaning (linguistics), meaning in which a phrase, statement or resolution is not explicitly defined, making several interpretations wikt:plausible#Adjective, plausible. A common aspect of ambiguity is uncertainty. It ...
language about "immorality" has resulted in its being used to criminalize even consensual sexual behavior between adults. It was amended by Congress in 1978 and again in 1986.
; 1912
* Starting January 1, 1912, the Massachusetts government started to enforce a law that allowed women to work a maximum of 54 hours, rather than 56 hours. Ten days later, the women workers found out that pay had been reduced along with the cut in hours. There was a strike about it in Lawrence, Massachusetts, and mill owners soon decided to settle the strike, giving workers in Lawrence and throughout New England raises of up to 20 percent.
; 1915
* Section 3 of the
Expatriation Act of 1907
The Expatriation Act of 1907 ( 59th Congress, 2nd session, chapter 2534, enacted March 2, 1907) was an act of the 59th United States Congress concerning retention and relinquishment of United States nationality by married women and Americans resid ...
provided for loss of citizenship by American women who married aliens. The
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
first considered the
Expatriation Act of 1907
The Expatriation Act of 1907 ( 59th Congress, 2nd session, chapter 2534, enacted March 2, 1907) was an act of the 59th United States Congress concerning retention and relinquishment of United States nationality by married women and Americans resid ...
in the 1915 case ''MacKenzie v. Hare''. The plaintiff, a suffragist named Ethel MacKenzie, was living in California, which since 1911 had extended the franchise to women. However, she had been denied voter registration by the respondent in his capacity as a Commissioner of the San Francisco Board of Election on the grounds of her marriage to a Scottish man. MacKenzie contended that the Expatriation Act of 1907 "if intended to apply to her, is beyond the authority of Congress", as neither the Fourteenth Amendment nor any other part of the Constitution gave Congress the power to "denationalize a citizen without his concurrence". However, Justice
Joseph McKenna
Joseph McKenna (August 10, 1843 – November 21, 1926) was an American politician who served in all three branches of the U.S. federal government, as a member of the U.S. House of Representatives, as U.S. Attorney General and as an Associate J ...
, writing the majority opinion, stated that while " may be conceded that a change of citizenship cannot be arbitrarily imposed, that is, imposed without the concurrence of the citizen", but " e law in controversy does not have that feature. It deals with a condition voluntarily entered into, with notice of the consequences." Justice
James Clark McReynolds
James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an associate justice of the Supreme Court of the Unite ...
, in a concurring opinion, stated that the case should be dismissed for lack of jurisdiction.
; 1918
*
Margaret Sanger
Margaret Higgins Sanger (born Margaret Louise Higgins; September 14, 1879September 6, 1966), also known as Margaret Sanger Slee, was an American birth control activist, sex educator, writer, and nurse. Sanger popularized the term "birth control ...
was charged under the New York law against disseminating contraceptive information. On appeal, her conviction was reversed on the grounds that contraceptive devices could legally be promoted for the cure and prevention of disease.
; 1921
* The Promotion of the Welfare and Hygiene of Maternity and Infancy Act, more commonly known as the
Sheppard–Towner Act
The Promotion of the Welfare and Hygiene of Maternity and Infancy Act, more commonly known as the Sheppard–Towner Act, was a 1921 U.S. Act of Congress that provided federal funding for maternity and childcare. It was sponsored by Senator Morris ...
, was a 1921 U.S.
Act of Congress
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law) ...
that provided federal funding for maternity and child care. It was sponsored by Senator
Morris Sheppard
John Morris Sheppard (May 28, 1875April 9, 1941) was a Democratic United States Congressman and United States Senator from Texas. He authored the Eighteenth Amendment (Prohibition) and introduced it in the Senate, and is referred to as "the fa ...
(D) of
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
and Representative
Horace Mann Towner
Horace Mann Towner (October 23, 1855 – November 23, 1937) was an American politician who served as a member of the United States House of Representatives from Iowa's 8th congressional district and appointed the governor of Puerto Rico. In an ...
(R) of
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
, and signed by President
Warren G. Harding
Warren Gamaliel Harding (November 2, 1865 – August 2, 1923) was the 29th president of the United States, serving from 1921 until his death in 1923. A member of the Republican Party, he was one of the most popular sitting U.S. presidents. A ...
on November 23, 1921. This showed the political and economic power of women's issues since the bill was passed due to pressure from the newly formed Women's Joint Congressional Committee. Before its passage, most of the expansion in public health programs occurred at the state and local levels. Many factors helped its passage including the environment of the
Progressive Era
The Progressive Era (late 1890s – late 1910s) was a period of widespread social activism and political reform across the United States focused on defeating corruption, monopoly, waste and inefficiency. The main themes ended during Am ...
.Moehling, Carolyn M., and Melissa A. Thomasson. "Saving Babies: The Contribution of Sheppard-Towner to the Decline in Infant Mortality in the 1920s." NBER Working Paper No. 17996 (2012): n. pag. NBER. Apr. 2012. Web. 8 Mar. 2013
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
,
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
and
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
never participated in the program. Participation in the program varied depending on states. The Act was due for renewal in 1926, but was met with increased opposition. Hence, Congress allowed the act's funding to lapse in 1929 after successful opposition by the
American Medical Association
The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016.
The AMA's state ...
, which saw the act as a socialist threat to its professional autonomy. This opposition was in spite of the fact that the Pediatric Section of the AMA House of Delegates had endorsed the renewal of the act. The rebuking of the Pediatric Section by the full House of Delegates led to the members of the Pediatric Section establishing the
American Academy of Pediatrics
The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C.
Background
The Academy was founded ...
. The Act was held unconstitutional by the Supreme Court in 1922 but the Act continued to be in force until 1929.
; 1922
* The Cable Act of 1922 (ch. 411, 42 Stat. 1021, "Married Women's Independent Nationality Act") was a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
that reversed former immigration laws regarding marriage.(It is also known as the Married Women's Citizenship Act or the Women's Citizenship Act). Previously, a woman lost her United States citizenship if she married a foreign man, since she assumed the citizenship of her husband, a law that did not apply to United States citizen men who married foreign women. The law repealed sections 3 and 4 of the
Expatriation Act of 1907
The Expatriation Act of 1907 ( 59th Congress, 2nd session, chapter 2534, enacted March 2, 1907) was an act of the 59th United States Congress concerning retention and relinquishment of United States nationality by married women and Americans resid ...
. However, the Cable Act of 1922 guaranteed independent female citizenship only to women who were married to an "alien eligible to naturalization." At the time of the law's passage, Asian aliens were not considered to be racially eligible for US citizenship. As such, the Cable Act only partially reversed previous policies and allowed women to retain their United States citizenship after marrying a foreigner who was not Asian. Thus, even after the Cable Act become effective, any woman who married an Asian alien lost her United States citizenship, just as under the previous law. The Cable Act also had other limitations: a woman could keep her United States citizenship after marrying a non-Asian alien if she stayed within the United States. However, if she married a foreigner and lived on foreign soil for two years, she could still lose her right to United States nationality.
; 1931
* An amendment to the
Cable Act
The Cable Act of 1922 (ch. 411, 42 Stat. 1021, "Married Women's Independent Nationality Act") was a United States federal law that partially reversed the Expatriation Act of 1907.
(It is also known as the Married Women's Citizenship Act or the Wo ...
allowed females to retain their citizenship even if they married an Asian.
; 1932
* Michigan - In 1932, a law was passed that made abortion illegal in the state of Michigan.
; 1936
* In 1936, a federal appeals court ruled in ''
United States v. One Package of Japanese Pessaries
''United States v. One Package of Japanese Pessaries'', 86 F.2d 737 (2d Cir. 1936) (often just ''U.S. v. One Package''), was an ''in rem'' United States Court of Appeals case in the Second Circuit involving birth control.
Background
In 1873 Co ...
'' that the federal government could not interfere with doctors providing contraception to their patients.
* The
Cable Act
The Cable Act of 1922 (ch. 411, 42 Stat. 1021, "Married Women's Independent Nationality Act") was a United States federal law that partially reversed the Expatriation Act of 1907.
(It is also known as the Married Women's Citizenship Act or the Wo ...
was repealed.
1940–1969
; 1945
* Illinois: In ''People ex rel. Rago v. Lipsky'', 63 N.E.2d 642 (Ill. 1945), the Appellate Court of Illinois, First District did not allow a married woman to stay registered to vote under her birth name, due to "the long-established custom, policy and rule of the common law among English-speaking peoples whereby a woman's name is changed by marriage and her husband's surname becomes as a matter of law her surname."
; 1946
* North Carolina: A state constitutional amendment passed in North Carolina making women eligible to serve on a jury.
; 1947
* New Jersey: Wherever in this Constitution the term "person", "persons", "people" or any personal pronoun is used, the same shall be taken to include both sexes. – New Jersey Constitution, Article X, paragraph 4 (1947).
; 1948
* ''
Goesaert v. Cleary
''Goesaert v. Cleary'', 335 U.S. 464 (1948), was a United States Supreme Court case in which the Court upheld a Michigan law, which prohibited women from being licensed as a bartender in all cities having a population of 50,000 or more unless the ...
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
case in which the Court upheld a
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
law which prohibited women from being licensed as a bartender in all cities having a population of 50,000 or more, unless their father or husband owned the establishment. Valentine Goesaert, the plaintiff in this case, challenged the law on the ground that it infringed on the Fourteenth Amendment's Equal Protection Clause. Speaking for the majority, Justice Felix Frankfurter affirmed the judgment of the Detroit, Michigan district court and upheld the constitutionality of the state law. The state argued that since the profession of bartending could potentially lead to moral and social problems for women, it was within the state's power to bar them from working as bartenders. Only when the owner of the bar was a sufficiently close relative to the women bartender could it be guaranteed that such immorality would not be present.
* The
Women's Armed Services Integration Act Women's Armed Services Integration Act () is a United States law that enabled women to serve as permanent, regular members of the armed forces in the Army, Navy, Marine Corps, and the recently formed Air Force. Prior to this act, women, with the exc ...
(Pub.L. 80–625, 62 Stat. 356, enacted June 12, 1948) is a United States law that enabled women to serve as permanent, regular members of the armed forces in the Army, Navy, Marine Corps, and the recently formed Air Force. However, Section 502 of the act limited service of women by excluding them from aircraft and vessels of the Navy that might engage in combat.
; 1955
* Texas: It became legal for women to serve on juries in Texas.
; 1959
* California: In 1959 the Government Code Section 12947.5 (part of the
California Fair Employment and Housing Act The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on ...
, passed in
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
) declared in part, “It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee”, with exceptions only for “requiring an employee to wear a costume while that employee is portraying a specific character or dramatic role” and when good cause is shown. Thus, the standard California FEHA discrimination complaint form now includes an option for "denied the right to wear pants".
; 1961
* '' Hoyt v. Florida'', 368 U.S. 57 (1961), was an appeal by Gwendolyn Hoyt, who had killed her husband and received a jail sentence for
second degree murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
. Although she had suffered mental and physical abuse in her marriage, and showed neurotic, if not psychotic, behavior, a six-man jury deliberated for just twenty-five minutes before finding her guilty. They sentenced her to 30 years of hard labor. Hoyt claimed that her all-male jury led to discrimination and unfair circumstances during her trial. In a unanimous opinion written by
Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
John Marshall Harlan II
John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1955 to 1971. Harlan is usually called John Marshall Harlan II to distinguish him ...
,
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held the Florida jury selection statute was not discriminatory.
* Ohio: In ''State ex rel. Krupa v. Green'', 177 N.E.2d 616 (Ohio 1961), the Ohio appellate court allowed a married woman to register to vote in her birth name which she had openly and solely used, and been well-known to use, before her marriage, and held that she could use that name as a candidate for public office.
; 1963
* The
Equal Pay Act of 1963
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Fr ...
is a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
amending the
Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppres ...
, aimed at abolishing
wage
A wage is payment made by an employer to an employee for work done in a specific period of time. Some examples of wage payments include compensatory payments such as ''minimum wage'', ''prevailing wage'', and ''yearly bonuses,'' and remuner ...
disparity based on sex (see
Gender pay gap
The gender pay gap or gender wage gap is the average difference between the remuneration for men and women who are working. Women are generally found to be paid less than men. There are two distinct numbers regarding the pay gap: non-adjusted ...
). It was signed into law on June 10, 1963, by
John F. Kennedy
John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination ...
as part of his
New Frontier
The term ''New Frontier'' was used by Democratic presidential candidate John F. Kennedy in his acceptance speech in the 1960 United States presidential election to the Democratic National Convention at the Los Angeles Memorial Coliseum as the D ...
Program. In passing the
bill
Bill(s) may refer to:
Common meanings
* Banknote, paper cash (especially in the United States)
* Bill (law), a proposed law put before a legislature
* Invoice, commercial document issued by a seller to a buyer
* Bill, a bird or animal's beak
Plac ...
,
Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
stated that
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
:
** depresses wages and
living standard
Standard of living is the level of income, comforts and services available, generally applied to a society or location, rather than to an individual. Standard of living is relevant because it is considered to contribute to an individual's quality ...
s for
employee
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other ...
s necessary for their health and efficiency;
** prevents the maximum utilization of the available labor resources;
** tends to cause labor disputes, thereby burdening, affecting, and obstructing
commerce
Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...
;
** burdens commerce and the free flow of goods in commerce; and
** constitutes an unfair method of competition.
:The law provides (in part) that:
::No
employer
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any othe ...
having employees subject to any provisions of this section ection 206 of title 29 of the United States Codeshall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal
skill
A skill is the learned ability to act with determined results with good execution often within a given amount of time, energy, or both. Skills can often be divided into domain-general and domain-specific skills. For example, in the domain of wo ...
, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a
seniority system
Seniority is the state of being older or placed in a higher position of status relative to another individual, group, or organization. For example, one employee may be senior to another either by role or rank (such as a CEO vice a manager), or by ...
; (ii) a
merit system The merit system is the process of promoting and hiring government employees based on their ability to perform a job, rather than on their political connections. It is the opposite of the spoils system.
History
The earliest known example of a me ...
; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex . . . . ref name=EEOC/> For the first nine years of the EPA, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional capacity, or as an outside salesperson. Therefore, the EPA exempted white-collar women from the protection of equal pay for equal work. In 1972, Congress enacted the
Education Amendments of 1972
The Education Amendments of 1972, also sometimes known as the Higher Education Amendments of 1972 (Public Law No. 92‑318, 86 Stat. 235), were U.S. legislation enacted on June 23, 1972. It is best known for its Title IX, which prohibited disc ...
, which amended the
Fair Labor Standards Act of 1938
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppres ...
to expand the coverage of the EPA to these employees, by excluding the EPA from the professional workers exemption of the FLSA.
; 1964
* The decision in the 1964 case of '' People of California v. Hernandez'' by the
California Supreme Court
The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacra ...
brought into question the validity of the rule that mistake as to the age of a female is no defense to a
statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
charge. The
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
was convicted of statutory rape, but the trial judge refused to allow the defendant to present evidence that the defendant had a
good faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case ...
belief the female subject was of age as a defense to the charge. Defendant filed an appeal, with the sole issue being the question of whether defendant's intent and knowledge at the time of the commission of the crime mattered in determining criminal culpability. The California Supreme Court held that "a charge of statutory rape is defensible
here
Here is an adverb that means "in, on, or at this place". It may also refer to:
Software
* Here Technologies, a mapping company
* Here WeGo (formerly Here Maps), a mobile app and map website by Here
Television
* Here TV (formerly "here!"), a TV ...
criminal intent is lacking," overruling and disapproving prior decisional law holding to the contrary, particularly ''People v. Ratz'' (1896) 115 Cal. 132. The decision set off a flurry of discussion among academics on whether "the uniform rule in the United states
hat
A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...
a mistake as to the age of a female is not a defense to the crime of statutory rape," was now dead letter.
*
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
of the Civil Rights Act of 1964, codified as Subchapter VI of Chapter 21 of
title 42 of the United States Code
Title 42 of the United States Code is the United States Code dealing with public health, social welfare, and civil rights.
Chapters
* —The Public Health Service
* —The Public Health Service, Supplemental Provisions
* —Sanitation and ...
, prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin (see ). Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" as written in the Definitions section unde 42 U.S.C. §2000e(b) Title VII also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage. The EEO Title VII has also been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (''See''
Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act (PDA) of 1978 () is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
The Act covers discrimination "on the basis of ...
,
Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States (see ). In 1967, the bill was signed into law by Pr ...
,
Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 19 ...
).
: In very narrowly defined situations, an employer is permitted to discriminate on the basis of a protected trait where the trait is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of that particular business or enterprise. To prove the
bona fide occupational qualifications
In employment law, a ''bona fide'' occupational qualification (BFOQ) (US) or ''bona fide'' occupational requirement (BFOR) (Canada) or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consid ...
defense, an employer must prove three elements: a direct relationship between the protected trait and the ability to perform the duties of the job, the BFOQ relates to the "essence" or "central mission of the employer's business", and there is no less-restrictive or reasonable alternative (''
United Automobile Workers v. Johnson Controls, Inc.
''United Automobile Workers v. Johnson Controls, Inc.'', 499 U.S. 187 (1991), was a decision by the Supreme Court of the United States establishing that private sector policies prohibiting women from knowingly working in potentially hazardous occup ...
'', 111 S.Ct. 1196). The Bona Fide Occupational Qualification exception is an extremely narrow exception to the general prohibition of discrimination based on protected traits (''
Dothard v. Rawlinson
''Dothard v. Rawlinson'', 433 U.S. 321 (1977), was the first United States Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used.
Background
In 1977, there were height and weight restrictions (minimum 5’ ...
'', 97 S.Ct. 2720). An employer or customer's preference for an individual of a particular religion is not sufficient to establish a Bona Fide Occupational Qualification ('' Equal Employment Opportunity Commission v. Kamehameha School – Bishop Estate'', 990 F.2d 458 (9th Cir. 1993)). There are partial and whole exceptions to Title VII for four types of employers:
:* Federal government; (Comment: The proscriptions against employment discrimination under Title VII are now applicable to certain federal government offices unde 42 U.S.C. Section 2000e-16
:* Federally recognized Native American tribes
:* Religious groups performing work connected to the group's activities, including associated education institutions;
:* Bona fide nonprofit private membership organizations.
::* The Bennett Amendment is a US labor law provision in the Title VII of the Civil Rights Act of 1964, §703(h) passed to limit sex discrimination claims regarding pay to the rules in the
Equal Pay Act of 1963
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Fr ...
. It says an employer can "differentiate upon the basis of sex" when it compensates employees "if such differentiation is authorized by" the Equal Pay Act.
; 1965
* ''
Griswold v. Connecticut
''Griswold v. Connecticut'', 381 U.S. 479 (1965), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives withou ...
'', 381 U.S. 479 (1965), was a
landmark decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
of the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in which the Court ruled that the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
protects the liberty of married couples to buy and use
contraceptives
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
without government restriction. The case involved a
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
"
Comstock law
The Comstock laws were a set of federal acts passed by the United States Congress under the Grant administration along with related state laws.Dennett p.9 The "parent" act (Sect. 211) was passed on March 3, 1873, as the Act for the Suppression of ...
" that prohibited any person from using "any drug, medicinal article or instrument for the purpose of preventing conception". The court held that the statute was unconstitutional, and that its effect was "to deny disadvantaged citizens ... access to medical assistance and up-to-date information in respect to proper methods of birth control". By a vote of 7–2, the Supreme Court invalidated the law on the grounds that it violated the "right to marital privacy", establishing the basis for the right to privacy with respect to intimate practices. This and other cases view the right to privacy as "protected from governmental intrusion"..
* The
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
(EEOC) decided in 1965 that segregated job advertising—"Help Wanted Male" and "Help Wanted Female"—was permissible because it served "the convenience of readers". Advocates for women's rights founded the
National Organization for Women
The National Organization for Women (NOW) is an American feminist organization. Founded in 1966, it is legally a 501(c)(4) social welfare organization. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C. It ...
(NOW) in June 1966 out of frustration with the enforcement of the sex bias provisions of the Civil Rights Act and Executive Order 11375.
* New York: The New York State legislature amended their abortion-related statute in 1965 to allow for more therapeutic exceptions.
; 1966
*
Pauli Murray
Anna Pauline "Pauli" Murray (November 20, 1910 – July 1, 1985) was an American civil rights activist who became a lawyer, gender equality advocate, Episcopal priest, and author. Drawn to the ministry, in 1977 she became one of the first women ...
White v. Crook
White is the lightest color and is achromatic (having no hue). It is the color of objects such as snow, chalk, and milk, and is the opposite of black. White objects fully reflect and scatter all the visible wavelengths of light. White on ...
'', a case in which the U.S. Court of Appeals for the Fifth Circuit ruled that women have an equal right to serve on juries.
* Mississippi: The Mississippi legislature made abortion legal in cases of rape.
; 1967
* ''
Executive Order 11375
Executive Order 11375, signed by President Lyndon B. Johnson on October 13, 1967, banned discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors.
Backgroun ...
'', signed by President
Lyndon B. Johnson
Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was an American politician who served as the 36th president of the United States from 1963 to 1969. He had previously served as the 37th vice ...
on October 13, 1967, banned discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors.
* President Johnson signs Public Law 90-130, lifting grade restrictions and strength limitations on women in the United States military. Among other things, Public Law 90-130 amended 10 USC, eliminating the 2% ceiling on enlisted women. It also allowed female officers to be promoted to Colonel and above.
* Maryland: In ''Erie Exchange v. Lane'', 246 Md. 55 (1967) the Maryland Court of Appeals held that a married woman can lawfully adopt an assumed name, even if it is not her birth name or the name of her lawful husband, without legal proceedings.
* Section 230.3 Abortion (Tentative draft 1959, Official draft 1962) of the
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
(ALI)
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
(MPC) was used as a model for abortion law reform legislation enacted in 13 states from 1967 to 1972. It would legalize abortion to preserve the health (whether physical or mental) of the mother, as well as if the pregnancy is due to incest or rape, or if doctors agree that there is a significant risk that the child will be born with a serious mental or physical defect.
* California, Colorado, and North Carolina: Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical disability of the woman, and similar laws were passed in California and North Carolina.
; 1968
* ''
King v. Smith
''King v. Smith'', 392 U.S. 309 (1968), was a decision in which the Supreme Court of the United States held that Aid to Families with Dependent Children (AFDC) could not be withheld because of the presence of a "substitute father" who visited a f ...
'', 392 U.S. 309 (1968), was a decision in which the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that
Aid to Families with Dependent Children
Aid to Families with Dependent Children (AFDC) was a federal assistance program in the United States in effect from 1935 to 1997, created by the Social Security Act (SSA) and administered by the United States Department of Health and Human Serv ...
(AFDC) could not be withheld because of the presence of a "substitute father" who visited a family on weekends.
* The
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
declared age restrictions on flight attendants’ employment to be illegal sex discrimination under Title VII of the Civil Rights Act of 1964.
* Georgia and Maryland: Georgia and Maryland reformed their abortion laws based on the
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
(ALI)
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
(MPC).
* Prince Georges County: In 1967
Kathryn Kusner
Kathryn Hallowell "Kathy" Kusner (born March 21, 1940) is an American equestrian and Olympic medalist in show jumping. She was one of the first woman who rode for the United States Equestrian Team (USET), the first licensed female jockey, and th ...
applied for a jockey license through the Maryland Racing Commission but was denied because she was a woman. However, in 1968 Judge Ernest A. Loveless of the Circuit Court of Prince Georges County ordered her to be granted the license. Kusner thus became the first licensed female jockey in the United States.
* Texas: The Marital Property Act of 1967, which gave married women the same property rights as their husbands, went into effect on January 1, 1968.
* Mississippi: On June 15, 1968, a law making women eligible to serve on state court juries was signed by Gov. John Bell Williams. Mississippi was the last state in America to allow this.
; 1969
* Arkansas, Delaware, Kansas, and New Mexico: Arkansas, Delaware, Kansas, and New Mexico reformed their abortion laws based on the
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
(ALI)
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
(MPC).
* New Mexico: The New Mexico legislature passed a law that made it a felony for anyone to provide a woman with an abortion unless it was needed to save her life, or because her pregnancy was a result of rape or incest.
* In the case '' Weeks v. Southern Bell'' (1969),
Lorena Weeks Lorena W. Weeks (born 1929) was the plaintiff in an important sex discrimination case, ''Weeks v. Southern Bell'' (1969). She claimed that Southern Bell had violated her rights under the 1964 Civil Rights Act of 1964, Civil Rights Act when they deni ...
claimed that
Southern Bell
Southern Bell Telephone and Telegraph Company was once the regional Bell Operating Company serving the states of Georgia, Florida, North Carolina, and South Carolina prior to the breakup of AT&T. It also covered the states of Alabama, Kentucky ...
had violated her rights under the 1964
Civil Rights Act
Civil Rights Act may refer to several acts of the United States Congress, including:
* Civil Rights Act of 1866, extending the rights of emancipated slaves by stating that any person born in the United States regardless of race is an American ci ...
when they denied her application for promotion to a higher paying position because she was a woman. She won her case in 1969 after several appeals.
* California: In 1969, the California Supreme Court ruled in favor of abortion rights, after hearing an appeal launched by Dr. Leon Belous, who had been convicted of referring a woman to someone who could provide her with an illegal abortion; California's abortion law was declared unconstitutional in '' People v. Belous'' because it was vague and denied people due process.
1970–1999
; 1970
* In 1970,
Eleanor Holmes Norton
Eleanor Holmes Norton (born June 13, 1937) is an American lawyer and politician serving as a delegate to the United States House of Representatives, representing the District of Columbia since 1991. She is a member of the Democratic Party.
Earl ...
represented 60 female employees of Newsweek who had filed a claim with the Equal Employment Opportunity Commission that Newsweek had a policy of only allowing men to be reporters. The women won, and Newsweek agreed to allow women to be reporters. The day the claim was filed, Newsweek's cover article was "Women in Revolt", covering the feminist movement; the article was written by a woman who had been hired on a freelance basis since there were no female reporters at the magazine.
* The ''
Title X
The Title X Family Planning Program is the only federal grant program dedicated to providing individuals with comprehensive family planning and related preventive health services. It was enacted under President Richard Nixon in 1970 as part of th ...
Family Planning Program'', officially known as Public Law 91-572 or "Population Research and Voluntary Family Planning Programs", was enacted under President
Richard Nixon
Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 to 1974. A member of the Republican Party, he previously served as a representative and senator from California and was ...
in 1970 as part of the
Public Health Service Act
The Public Health Service Act is a United States federal law enacted in 1944. The full act is codified in Title 42 of the United States Code (The Public Health and Welfare), Chapter 6A (Public Health Service).
Contents
The act clearly establis ...
. Title X is the only federal grant program dedicated solely to providing individuals with comprehensive family planning and related preventive health services. Title X is legally designed to prioritize the needs of low-income families or uninsured people (including those who are not eligible for
Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
) who might not otherwise have access to these health care services. These services are provided to low-income and uninsured individuals at reduced or no cost.Office of Population Affairs Clearinghouse "Fact Sheet: Title X Family Planning Program." January 2008. Its overall purpose is to promote positive birth outcomes and healthy families by allowing individuals to decide the number and spacing of their children. The other health services provided in Title X-funded clinics are integral in achieving this objective.U.S. Department of Health and Human Services Office of Population Affairs /ref>
* Congress removed references to contraception from federal anti-obscenity laws.
* '' Schultz v. Wheaton Glass Co.'', 421 F.2d 259 (3rd Cir. 1970) was a case heard before the
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts:
* District of Delaware
* District of New Jersey
* Ea ...
in 1970. It is an important case in studying the impact of the Bennett Amendment on Chapter VII of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
, helping to define the limitations of
equal pay
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full ...
for men and women. In its rulings, the court determined that a job that is "substantially equal" in terms of what the job entails, although not necessarily in title or job description, is protected by the Equal Pay Act. An employer who hires a woman to do the same job as a man but gives the job a new title in order to offer it a lesser pay is discriminating under that act.
* In ''Sprogis v. United Air Lines, Inc.'', a federal trial court ruled in a female flight attendant's favor on whether airline marriage bans were illegal under
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
. The court found that neither sex nor marital status was a bona fide occupational qualification for the flight attendant occupation. The court's ruling was upheld upon appeal.
* Women were not allowed in New York's
McSorley's Old Ale House
McSorley's Old Ale House, generally known as McSorley's, is the oldest Irish saloon in New York City. Opened in the mid-19th century at 15 East 7th Street, in today's East Village neighborhood of Manhattan, it was one of the last of the "Men ...
until August 10, 1970, after
National Organization for Women
The National Organization for Women (NOW) is an American feminist organization. Founded in 1966, it is legally a 501(c)(4) social welfare organization. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C. It ...
attorneys
Faith Seidenberg
Faith Seidenberg (October 21, 1923 – January 16, 2015) was an attorney and civil rights activist who was best known for having entered the male-only establishment McSorley's Old Ale House in Manhattan with fellow attorney Karen DeCrow on Augus ...
and
Karen DeCrow
Karen DeCrow ( Lipschultz; December 18, 1937 – June 6, 2014) was an American attorney, author, activist and feminist. She served as the fourth national president of the National Organization for Women (NOW) from 1974 to 1977. She was also a str ...
filed a discrimination case against the bar in District Court and won. The two entered McSorley's in 1969, and were refused service, which was the basis for their lawsuit for discrimination. The case decision made the front page of ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' on June 26, 1970. The suit, ''Seidenberg v. McSorleys' Old Ale House'' (1970, United States District Court, S. D. New York) established that, as a public place, the bar could not violate the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
. The bar was then forced to admit women, but it did so "kicking and screaming." With the ruling allowing women to be served, the bathroom became unisex. But it was not until sixteen years later that a ladies room was installed.
* Hawaii, New York, Alaska, Washington: Hawaii, New York, Alaska and Washington repealed their abortion laws. Hawaii became the first state to legalize abortions on the request of the woman, New York repealed its 1830 law, and Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people.
* New York: On April 10, 1970, the New York Senate passed a law decriminalizing abortion in most cases. Republican Governor Nelson A. Rockefeller signed the bill into law the next day. The 1970 law did several things. First, it added a consent provision requiring a physician to obtain the woman's consent before performing an abortion.1 Laws of the State of New York Passed at the One Hundred and Ninety-Third Session of the Legislature, ch. 127, at 852 (1970), available online '. Second, it permitted physician-provided elective abortion services within the first 24-weeks of pregnancy or to preserve her life. Third, it permitted a woman, when acting upon the advice of a duly licensed physician, to perform an "abortional act" on herself within the first 24-weeks of pregnancy or to preserve her life.
* South Carolina and Virginia: South Carolina and Virginia reformed their abortion laws based on the
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
.
* Illinois: The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts.- Illinois Constitution, Article I, §18 (1970).
* Florida: Mary R. Grizzle introduced and passed the Married Women Property Rights Act, which became law in 1970, giving married women in Florida, for the first time, the right to own property solely in their names and to transfer that property without their husbands' signatures.
; 1971
* Barring women from practicing law was prohibited in the U.S. in 1971.
* Pennsylvania: Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual. – Pennsylvania Constitution, Article I, § 28.
* '' United States v. Vuitch'', 402 U.S. 62 (1971) was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague.
* ''
Reed v. Reed
''Reed v. Reed'', 404 U.S. 71 (1971), was a landmark decision of the Supreme Court of the United States holding that the administrators of estates cannot be named in a way that discriminates between sexes. In ''Reed v. Reed'' the Supreme Court rule ...
'', , was an
Equal Protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...
case in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
in which the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled that the administrators of estates cannot be named in a way that discriminates between sexes. The Supreme Court ruled for the first time in ''Reed v. Reed'' that the Equal Protection Clause of the Fourteenth Amendment prohibited differential treatment based on sex.
* '' Phillips v. Martin Marietta Corp.'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court held that under
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children. It was the first sex discrimination case under
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
to reach the Court.
* Virginia: That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination. – Virginia Constitution, Article I, §11 (1971).
* Alaska: Alaska repealed its statute that said inducing an abortion was a criminal offense.
; 1972
* Vermont: In 1972, the
Vermont Supreme Court
The Vermont Supreme Court is the highest judicial authority of the U.S. state of Vermont. Unlike most other states, the Vermont Supreme Court hears appeals directly from the trial courts, as Vermont has no intermediate appeals court.
The Court ...
made a ruling that effectively ended abortion restrictions in the state.
* Connecticut: In ''Abele v. Markle'', 351 F. Supp. 224 (D. Conn. 1972) it was ruled that a Connecticut statute prohibiting abortions, except to save the life of the mother, was unconstitutional.
* New York: The New York State Court of Appeals ruled that
Bernice Gera
Bernice Shiner Gera (June 15, 1931 – September 23, 1992) was an American baseball umpire. She became the first woman to umpire a professional baseball game in 1972, retiring after one game citing the resentment of other umpires.
Life
Born in ...
could be a baseball umpire.
* Washington: Equality of rights and responsibility under the law shall not be denied or abridged on account of sex. – Washington Constitution, ARTICLE XXXI, §1 (1972).
* Alaska: No person is to be denied the enjoyment of any civil or political right because of race, color, creed, sex or national origin. The legislature shall implement this section. – Alaska Constitution, Article I, §3 (1972).
* '' Title IX'' is a portion of the United States
Education Amendments of 1972
The Education Amendments of 1972, also sometimes known as the Higher Education Amendments of 1972 (Public Law No. 92‑318, 86 Stat. 235), were U.S. legislation enacted on June 23, 1972. It is best known for its Title IX, which prohibited disc ...
, Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688, co-authored and introduced by Senator
Birch Bayh
Birch Evans Bayh Jr. (; January 22, 1928 – March 14, 2019) was an American Democratic Party politician who served as U.S. Senator from Indiana from 1963 to 1981. He was first elected to office in 1954, when he won election to the Indiana ...
; it was renamed the
Patsy Mink
Patsy Matsu Mink (née Takemoto; December 6, 1927 – September 28, 2002) was an American attorney and politician from the U.S. state of Hawaii. Mink was a third-generation Japanese American, having been born and raised on the island of Maui. ...
Equal Opportunity in Education Act in 2002, after its late House co-author and sponsor. It states (in part) that:
* For the first nine years of the
Equal Pay Act of 1963
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Fr ...
, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional capacity, or as an outside salesperson. Therefore, the EPA exempted white-collar women from the protection of equal pay for equal work. The
Education Amendments of 1972
The Education Amendments of 1972, also sometimes known as the Higher Education Amendments of 1972 (Public Law No. 92‑318, 86 Stat. 235), were U.S. legislation enacted on June 23, 1972. It is best known for its Title IX, which prohibited disc ...
amended the
Fair Labor Standards Act of 1938
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppres ...
to expand the coverage of the
Equal Pay Act of 1963
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Fr ...
to these employees, by excluding the EPA from the professional workers exemption of the FLSA.
* ''
Eisenstadt v. Baird
''Eisenstadt v. Baird'', 405 U.S. 438 (1972), was a landmark decision of the U.S. Supreme Court that established the right of unmarried people to possess contraception on the same basis as married couples.
The Court struck down a Massachusetts la ...
'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that established the right of
unmarried
Civil status, or marital status, are the distinct options that describe a person's relationship with a significant other. ''Married'', '' single'', '' divorced'', and ''widowed'' are examples of civil status.
''Civil status'' and ''marital stat ...
people
A person (plural, : people) is a being that has certain capacities or attributes such as reason, morality, consciousness or self-consciousness, and being a part of a culturally established form of social relations such as kinship, ownership of pr ...
to possess
contraception
Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
on the same basis as
married
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
couples
Couple or couples may refer to :
Basic meaning
*Couple (app), a mobile app which provides a mobile messaging service for two people
*Couple (mechanics), a system of forces with a resultant moment but no resultant force
*Couple (relationship), tw ...
. The Court struck down a
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
law prohibiting the distribution of contraceptives to unmarried people for the purpose of preventing pregnancy, ruling that it violated the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
of the
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
.
* The common law offence of being a
common scold
Common may refer to:
Places
* Common, a townland in County Tyrone, Northern Ireland
* Boston Common, a central public park in Boston, Massachusetts
* Cambridge Common, common land area in Cambridge, Massachusetts
* Clapham Common, originally com ...
was extant in New Jersey until struck down in 1972 by Circuit Judge McCann who found it had been subsumed in the provisions of the Disorderly Conduct Act of 1898, was bad for vagueness and offended the 14th Amendment to the US Constitution for sex discrimination.
* Under § 215 of the
Social Security Act
The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program as well as insurance against unemployment. The law was pa ...
(42 USCS 415), old-age insurance benefits are computed on the basis of the wage earner's "average monthly wage" earned during their "benefit computation years," which are the "elapsed years" (reduced by five) during which their covered wages were highest. Under the pre-1972 version, the computation for old age insurance benefits was such that a woman obtained larger benefits than a man of the same age having the same earnings record. The 1972 amendment altered the formula for computing benefits so as to eliminate the previous distinction between men and women, but only as to men reaching the age of 62 in 1975 or later; it was not given retroactive application.
* The 10th Circuit case ''
Moritz v. Commissioner
''Charles E. Moritz v. Commissioner of Internal Revenue'', 469 F.2d 466 (1972), was a case before the United States Court of Appeals for the Tenth Circuit in which the Court held that discrimination on the basis of sex constitutes a violation of ...
'' successfully challenged the denial of a dependent-care deduction to a single man who was a caretaker for his sick mother; the deduction had previously been limited to women, widowers, or divorced men.
* Maryland: In ''Stuart v. Board of Elections'', 266 Md. 440, 446, on the question of whether a wife could register to vote in her birth name rather than her husband's last name, the Maryland Court of Appeals held, " married woman's surname does not become that of her husband where, as here, she evidences a clear intent to consistently and nonfraudulently use her birth given name subsequent to her marriage."
* Florida: Florida reformed its abortion law based on the
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. ...
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
.
* Maryland: Equality of rights under the law shall not be abridged or denied because of sex. – Maryland Constitution, Declaration of Rights, Article 46 (1972).
* Texas: Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. – Texas Constitution, Article I, §3a (1972).
; 1973
* ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'', , was a
landmark decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
on the issue of
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
. The Court ruled 7–2 that a right to
privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
The domain of privacy partially overlaps with security, which can include the concepts of a ...
under the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's two legitimate interests in regulating abortions: protecting women's health and protecting the potentiality of human life. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this
balancing test
A balancing test is any judicial test in which the jurists weigh the importance of multiple factors in a legal case. Proponents of such legal tests argue that they allow a deeper consideration of complex issues than a bright-line rule can allow. B ...
by tying state regulation of abortion to the third
trimester of pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins.
Pregnancy usually occurs by sexual intercourse, but ca ...
.
* ''
Doe v. Bolton
''Doe v. Bolton'', 410 U.S. 179 (1973), was a decision of the Supreme Court of the United States overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-kno ...
'', 410 U.S. 179 (1973), was a decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the better-known case of ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'', 410 U.S. 113 (1973). ''Doe v. Bolton'' challenged Georgia's much more liberal abortion statute.
* ''
Frontiero v. Richardson __NOTOC__
''Frontiero v. Richardson'', 411 U.S. 677 (1973), was a landmark United States Supreme Court case which decided that benefits given by the United States military to the family of service members cannot be given out differently because of ...
'', , was a
landmark
A landmark is a recognizable natural or artificial feature used for navigation, a feature that stands out from its near environment and is often visible from long distances.
In modern use, the term can also be applied to smaller structures or f ...
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case which decided that benefits given by the
United States military
The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...
to the family of service members cannot be given out differently because of sex.
* ''
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
''Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations'', 413 U.S. 376 (1973), is a 1973 decision of the United States Supreme Court which upheld an ordinance enacted in Pittsburgh that forbids sex-designated classified advertising for ...
'', , was a 1973 decision of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
which upheld an ordinance enacted in
Pittsburgh
Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania, United States, and the county seat of Allegheny County, Pennsylvania, Allegheny County. It is the most populous city in both Allegheny County and Wester ...
that forbids sex-designated
classified advertising
Classified advertising is a form of advertising, particularly common in newspapers, online and other periodicals, which may be sold or distributed free of charge. Classified advertisements are much cheaper than larger display advertisements used ...
for job opportunities, against a claim by the parent company of the ''
Pittsburgh Press
''The Pittsburgh Press'' (formerly ''The Pittsburg Press'' and originally ''The Evening Penny Press'') was a major afternoon daily newspaper published in Pittsburgh, Pennsylvania, from 1884 to 1992. At one time, the ''Press'' was the second larg ...
'' that the ordinance violated its First Amendment rights.
* From 1973 on, the
United States Agency for International Development
The United States Agency for International Development (USAID) is an independent agency of the U.S. federal government that is primarily responsible for administering civilian foreign aid and development assistance. With a budget of over $27 bi ...
(USAID) has followed the Helms Amendment, banning use of U.S. government funds to provide abortion as a method of family planning anywhere in the world.USAID Public websit USAID's Family Planning Guiding Principles and U.S. Legislative and Policy Requirements Retrieved September 10, 2012
* The "Percy Amendment" of the Foreign Assistance Act required U.S. development assistance to integrate women into its programs, leading to USAID's creation of its Women in Development (WID) office in 1974.
* Colorado: Equality of rights under the law shall not be denied or abridged by the state of Colorado or any of its political subdivisions because of sex. – Colorado Constitution, Article II, §29 (1973).
* Montana: Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas. – Montana Constitution, Article II, §4 (1973).
* New Mexico: No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person. – New Mexico Constitution, Article II, §18 (1973).
* California: In ''Rentzer v. Unemployment Ins. Appeals Bd.'' (1973), Gail Rentzer suffered from an ectopic pregnancy and was therefore unable to work. She was denied compensation by the California Unemployment Insurance Appeals Board because they did not recognize pregnancy or related medical complications as a disability. But after a lawsuit was filed, the California Court of Appeals found that because Gail had not had a normal pregnancy and her emergency surgery was performed to stop bleeding and save her life, her pregnancy was deemed worthy of disability benefits. This case allowed women with medical complications during pregnancy to be granted benefits and more protections, such as disability coverage for not just pregnancy, but also the amount of time it takes for recovery from complications.
; 1974
* Kentucky: Kentucky adopted a law preventing public hospitals from performing abortion procedures except to protect the life of the mother.
* Connecticut: No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his or her civil or political rights because of religion, race, color, ancestry, national origin or sex. – Connecticut Constitution, Article I, §20 (1974).
* ''
Geduldig v. Aiello
''Geduldig v. Aiello'', 417 U.S. 484 (1974), was an equal protection case in the United States in which the Supreme Court of the United States ruled on whether unfavorable treatment to pregnant women could count as sex discrimination. It held th ...
'', , was an
equal protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...
case in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
in which the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
ruled on whether unfavorable treatment to pregnant women could count as sex discrimination. It held that the denial of
insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge ...
benefits for work loss resulting from a normal
pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins.
Pregnancy usually occurs by sexual intercourse, but ca ...
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
insurance program at issue did not exclude workers from eligibility based on
sex
Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones ( ova, of ...
but did exclude pregnancy from a list of compensable
disabilities
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, se ...
. The majority found that even though only women would be directly affected by the administrative decision, the classification of normal pregnancy as non-compensable was not a sex-based classification, and therefore the court would defer to the state so long as it could provide a
rational basis
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment ...
for its categorization.
* The ''
Equal Credit Opportunity Act
The Equal Credit Opportunity Act (ECOA) is a United States law (codified at et seq.), enacted 28 October 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on ...
'' (ECOA) is a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
law (codified at et seq.), enacted in 1974, that makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex, marital status, or age (provided the applicant has the capacity to contract); to the fact that all or part of the applicant's income derives from a public assistance program; or to the fact that the applicant has in good faith exercised any right under the
Consumer Credit Protection Act
The Consumer Credit Protection Act (CCPA) is a United States law , composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrict ...
. The law applies to any person who, in the ordinary course of business, regularly participates in a credit decision, including
bank
A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets.
Because ...
s,
retailer
Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholesaler, and t ...
credit union
A credit union, a type of financial institution similar to a commercial bank, is a member-owned nonprofit organization, nonprofit financial cooperative. Credit unions generally provide services to members similar to retail banks, including depo ...
s.
:Failure to comply with the Equal Credit Opportunity Act's Regulation B can subject a financial institution to civil liability for actual and punitive damages in individual or class actions. Liability for punitive damages can be as much as $10,000 in individual actions and the lesser of $500,000 or 1% of the creditor's net worth in class actions.
* In ''
Kahn v. Shevin
Kahn is a surname of German language, German origin. ''Kahn'' means "small boat", in German. It is also a Germanized form of the Jewish surname Cohen (surname), Cohen, another variant of which is ''Cahn''.Kaplowitz v. University of Chicago'', 387 F.Supp. 42 (N.D.Ill.1974), the U.S. District Court for the Northern District of Illinois ruled that a law school was not required to police the discriminatory practices of employers using its placement facilities. The court did find that the law school was an employment agency, but found that employment agencies are only obligated to refer potential employees without discrimination.
* The
Women's Educational Equity Act
The Women's Educational Equity Act (WEEA) of 1974 is one of the several landmark laws passed by the United States Congress outlining federal protections against the gender discrimination of women in education (educational equity). WEEA was enacte ...
(WEEA) of 1974 is one of the several landmark laws passed by the United States Congress outlining federal protections against the gender discrimination of women in education (educational equity). WEEA was enacted as Section 513 of P.L. 93-380. In 1984, Congress rewrote the WEEA legislation.
* Sex was added as a protected characteristic to the
Fair Housing Act
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
in 1974.
* New Hampshire: All men have certain natural, essential, and inherent rights – among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin. – New Hampshire Constitution, Part First, Article 2 (1974).
* In the final week of December 1974, President
Gerald Ford
Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
signed into law a bill that opened the Little League baseball program to girls. p.26
; 1975
* In '' Bigelow v. Virginia'' the US Supreme Court ruled that state bans on abortion clinics advertising their services were unconstitutional as they violated freedom of speech and freedom of the press.
* '' Stanton v. Stanton'', was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case which struck down Utah's definitions of adulthood as a violation of
equal protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...
: females reached adulthood at 18; males at 21.
* '' Weinberger v. Wiesenfeld'', , was a decision by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, which unanimously held that the gender-based distinction under of the
Social Security Act
The Social Security Act of 1935 is a law enacted by the 74th United States Congress and signed into law by US President Franklin D. Roosevelt. The law created the Social Security program as well as insurance against unemployment. The law was pa ...
of 1935—which permitted widows but not widowers to collect special benefits while caring for minor children—violated the right to equal protection secured by the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the
Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
.
* ''
Taylor v. Louisiana
''Taylor v. Louisiana'', 419 U.S. 522 (1975), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court which held that women could not be excluded from a ''venire'', or jury duty, jury pool, on the basi ...
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case, which held women could not be excluded from a ''venire'', or
jury pool
Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. ...
, on the basis of having to register for jury duty.
* Texas: On February 19, 1975 the Texas Supreme Court's ruling in the case ''Jacobs v. Theimer'' made Texas the first state in America to declare a woman could sue her doctor for a wrongful birth. That case involved Dortha Jean Jacobs (later Dortha Biggs), who caught
rubella
Rubella, also known as German measles or three-day measles, is an infection caused by the rubella virus. This disease is often mild, with half of people not realizing that they are infected. A rash may start around two weeks after exposure and ...
while pregnant and gave birth to Lesli, who was severely disabled. Dortha and her husband sued her doctor, saying he did not diagnose the rubella or warn them how it would affect the pregnancy.
* '' Schlesinger v. Ballard'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that upheld a federal
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
granting female
Naval
A navy, naval force, or maritime force is the branch of a nation's armed forces principally designated for naval warfare, naval and amphibious warfare; namely, lake-borne, riverine, littoral zone, littoral, or ocean-borne combat operations and ...
officers four more years of commissioned service before mandatory discharge than male Naval officers. A federal statute granted female Naval officers fourteen years of commissioned service while allowing only nine years of commissioned service for male Naval officers before mandatory discharge. The Supreme Court held that the law passed
intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
In order t ...
equal protection
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equa ...
analysis because women, excluded from combat duty, had fewer opportunities for advancement in the military. The Court found the statute to directly compensate for the past statutory barriers to advancement.
*
Joan Little
Joan Little (pronounced "Jo Ann") (born 1953) is an African-American woman who was charged with the 1974 murder of Clarence Alligood, a white prison guard at Beaufort County Jail in Washington, North Carolina, who attempted to rape Little bef ...
became the first woman in United States history to be acquitted using the defense that she used deadly force to resist sexual assault.
* Tennessee: In ''Dunn v. Palermo'', the Supreme Court of Tennessee held that "in this jurisdiction a woman, upon marriage, has a freedom of choice. She may elect to retain her own surname or she may adopt the surname of her husband. The choice is hers. We hold that a person's legal name is that given at birth, or as ''voluntarily'' changed by either spouse at the time of marriage, or as changed by affirmative acts as provided under the Constitution and laws of the State of Tennessee. So long as a person's name remains constant and consistent, and unless and until changed in the prescribed manner, and absent any fraudulent or legally impermissible intent, the State has no legitimate concern."
* Wisconsin: In ''Kruzel v. Podell'' (1975), the Supreme Court of Wisconsin decided that a woman upon marriage adopts the last name of her husband by customarily using that name after marriage, but also stated that no law required her to.
* Louisiana: No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. – Louisiana Constitution, Article I, §3 (1975).
* Illinois: In 1975, the 79th General Assembly enacted the Illinois Abortion Law, which included a
trigger law
A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs.
United States Abortion
In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, No ...
that provided that if ''Roe v. Wade'' was overturned or repealed, "the former policy of this State to prohibit abortions unless necessary for the preservation of the mother's life shall be reinstated."
;1976
* In ''General Electric v. Gilbert'' the Supreme Court ruled that it was legal for employers to exclude pregnancy-related conditions from employee sickness and accident benefits plans.
* Massachusetts: All people are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. – Massachusetts Constitution, Part 1, Article 1 (1976).
* '' Bellotti v. Baird (1976)'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court upheld a
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
law requiring parental consent to a minor's
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
, which provided that "if one or both of the
inor Inor can refer to:
* Inor language
Inor (pronounced ), sometimes called Ennemor, is an Afroasiatic language spoken in central Ethiopia. One of the Gurage languages, it is mainly spoken within the Gurage Zone in the Southern Nations, Nationalitie ...
s parents refuse ... consent, consent may be obtained by order of a
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
... for good cause shown." The decision was unanimous, and the opinion of the Court was written by
Justice Blackmun
Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blac ...
. The law in question "permits a minor capable of giving informed consent to obtain a court order allowing abortion without parental consultation, and further permits even a minor incapable of giving informed consent to obtain an abortion order without parental consultation where it is shown that abortion would be in her best interests."
* ''
Craig v. Boren
''Craig v. Boren'', 429 U.S. 190 (1976), was a List of landmark court decisions in the United States, landmark decision of the US Supreme Court ruling that statutory or administrative sex classifications were subject to intermediate scrutiny under ...
'', , was the first case in which a majority of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
determined that statutory or administrative sex classifications were subject to
intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
In order t ...
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
. The Court also acknowledged that parties economically affected by regulations may challenge them "by acting as advocates of the rights of third parties who seek access to their market or function." The case specifically concerned the fact that Oklahoma passed a statute prohibiting the sale of "nonintoxicating" 3.2% beer to males under the age of 21 but allowed females over the age of 18 to purchase it. The Court held that the gender classifications made by the Oklahoma statute were unconstitutional because the statistics relied on by the state were insufficient to show a substantial relationship between the statute and the benefits intended to stem from it.
* ''
Planned Parenthood v. Danforth
''Planned Parenthood of Central Missouri v. Danforth'', 428 U.S. 52 (1976), is a Supreme Court of the United States, United States Supreme Court case on abortion. The plaintiffs challenged the constitutionality of a Missouri statute regulating abo ...
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case on abortion. The plaintiffs challenged the
constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of a
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
statute regulating
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
. The Court upheld the right to have an abortion, declaring unconstitutional the statute's requirement of prior written consent from a parent (in the case of a minor) or a spouse (in the case of a married woman).
* In
United States politics
The politics of the United States function within a framework of a constitutional federal republic and presidential system, with three distinct branches that share powers. These are: the U.S. Congress which forms the legislative branch, a b ...
, the
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
is a legislative provision barring the use of certain federal funds to pay for
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
unless the pregnancy arises from
incest
Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adoption ...
,
rape
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ag ...
, or to save the life of the mother. The Hyde Amendment is not a permanent law, but rather is a " rider" that in various forms has been routinely attached to annual appropriations bills since 1976. Legislation including the Hyde Amendment generally only restricts the use of funds allocated for the
Department of Health and Human Services
The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is " ...
and primarily affects
Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
.
* District of Columbia: The case '' Williams v. Saxbe'' of the U.S. District Court for the District of Columbia established sexual harassment as a form of sex discrimination when sexual advances by a male supervisor towards a female employee, if proven, would be deemed an artificial barrier to employment placed before one gender and not another.
*
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
jurisdiction: There was a United States Court of Appeals for the Second Circuit decision indicating involuntary pregnancy discharges in the U.S. Navy violated the 5th Amendment.
; 1977
* '' Beal v. Doe'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that concerned the disbursement of federal funds in
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
. Pennsylvania statute restricted federal funding to abortion clinics. The Supreme Court ruled states are not required to treat abortion in the same manner as potential motherhood. The opinion of the Court left the central holding of the ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' decisionabortion as a rightintact. The statute was upheld, with
Justice Powell
Lewis Franklin Powell Jr. (September 19, 1907 – August 25, 1998) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1972 to 1987.
Born in Suffolk, Virginia, he gradua ...
writing the majority opinion.
* '' Califano v. Webster'', 430 U.S. 313 (1977) was a decision by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, which held that Section 215 of the Social Security Act does not violate due process by allowing women to calculate retirement benefits without including additional low-earning years, since it is an attempt to compensate for previous discrimination.
* '' Califano v. Goldfarb'', 430 U.S. 199 (1977), was a decision by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, which held that the different treatment of men and women mandated by constituted invidious discrimination against female wage earners by affording them less protection for their surviving spouses than is provided to male employees, and therefore violated the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the
Fifth Amendment to the United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amend ...
.
* ''
Dothard v. Rawlinson
''Dothard v. Rawlinson'', 433 U.S. 321 (1977), was the first United States Supreme Court case in which the bona fide occupational qualifications (BFOQ) defense was used.
Background
In 1977, there were height and weight restrictions (minimum 5’ ...
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case which the
bona fide occupational qualifications
In employment law, a ''bona fide'' occupational qualification (BFOQ) (US) or ''bona fide'' occupational requirement (BFOR) (Canada) or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consid ...
(BFOQ) defense was used. The court held that Under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, set height and weight restrictions which have a disproportionately adverse effect on one gender. However, on the issue of whether women could fill close contact jobs in all male maximum security prisons the Court ruled 6–3 that the BFOQ defense was legitimate in this case. The reason for this finding is that female prison guards were more vulnerable to male sexual attack than male prison guards.
* '' Carey v. Population Services International'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court held that it was unconstitutional to prohibit anyone other than a licensed pharmacist to distribute nonprescription contraceptives to persons 16 years of age or over, to prohibit the distribution of nonprescription contraceptives by any adult to minors under 16 years of age, and to prohibit anyone, including licensed pharmacists, to advertise or display contraceptives.
* In 1977, the
National Partnership for Women & Families
The National Partnership for Women & Families is a nonprofit, nonpartisan 501(c)3 organization based in Washington, D.C. Founded in 1971, the National Partnership works on public policies, education and outreach that focuses on women and familie ...
litigated and achieved a significant victory in ''Barnes v. Costle'', a U.S. Court of Appeals decision that held that any retaliation by a boss against an employee for rejecting sexual advances violates
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
's prohibition against sex discrimination.
* Washington: The January 7, 1977 Supreme Court ruling in ''State of Washington v. Wanrow'' was an important victory for the feminist cause of gender-equality before the law. In a landmark ruling, the Washington Supreme Court, sitting
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
, declared that Yvonne Wanrow was entitled to have a jury consider her actions in the light of her "perceptions of the situation, including those perceptions which were the product of our nation's long and unfortunate history of sex discrimination." The ruling was the first in America recognizing the particular legal problems of women who defend themselves or their children from male attackers, and was again affirmed by the Washington Supreme Court in denying the prosecutor's petition for rehearing in 1979. Before the Wanrow decision, standard jury instructions asked what a "reasonably prudent man" would have done, even if the accused was a woman; the Wanrow decision set a precedent that when a woman is tried in a criminal trial the juries should ask "what a reasonably prudent woman similarly situated would have done."
* In '' Coker v. Georgia'', 433 U.S. 584 (1977), the Supreme Court held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the
Eighth Amendment to the United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
.
* New York State:
Cathy Davis
Cathy Davis (born c. 1952) is an American former professional boxer who competed between 1976 and 1981. Some of her fights were fixed.
Career
Davis sued the New York State Athletic Commission (NYSAC) in 1977 because she was denied a boxing lic ...
sued the
New York State Athletic Commission
The New York State Athletic Commission or NYSAC, also known as the New York Athletic Commission, is a division of the New York State Department of State which regulates all contests and exhibitions of unarmed combat within the state of New York, ...
(NYSAC) in 1977 because she was denied a boxing license because she was a woman, and the case was decided in her favor later that year, with the judge invalidating New York State rule number 205.15, which stated, “No woman may be licensed as a boxer or second or licensed to compete in any wrestling
exhibition
An exhibition, in the most general sense, is an organized presentation and display of a selection of items. In practice, exhibitions usually occur within a cultural or educational setting such as a museum, art gallery, park, library, exhibition ...
with men.” In his opinion the judge cited the precedent set by '' Garrett v. New York State Athletic Commission'' (1975), which “found the regulation invalid under the equal protection clauses of the State and Federal Constitutions”. The NYSAC filed an appeal of the ruling, but later dropped it.
; 1978
* Hawaii: Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section. – Hawaii Constitution, Article I, §3 (1978).
* The ''
Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) of 1978 () is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
The Act covers discrimination "on the basis of ...
'' of 1978 is a
United States federal statute
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called private laws), or to the general public ( public laws). For a bill to become an act, the text must pass through both house ...
. It amended
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
to "prohibit sex discrimination on the basis of pregnancy." The Act covers discrimination "on the basis of pregnancy, childbirth, or related medical conditions." It only applies to employers with 15 or more employees. Employers are exempt from providing medical coverage for elective abortions – except in the case that the mother's life is threatened – but are required to provide disability and sick leave for women who are recovering from an abortion.
* Judge
John Sirica
John Joseph Sirica (March 19, 1904 – August 14, 1992) was a United States district judge of the United States District Court for the District of Columbia, where he became famous for his role in the trials stemming from the Watergate scandal.
...
ruled the law banning Navy women from ships to be unconstitutional in the case ''Owens v. Brown''. That same year, Congress approved a change to Title 10 USC Section 6015 to permit the Navy to assign women to fill sea duty billets on support and noncombatant ships.
* The
Mann Act
The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois.
In its original form the act mad ...
originally made it a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of
prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
or
debauchery
Debauchery may refer to:
* Corruption
*Libertinism
*Lust
* Binge drinking
* Currency debasement
*Debauchery (band), a German death metal band
See also
*''Sodom, or the Quintessence of Debauchery'', a 1684 closet drama.
*LGBT rights in Kuwait
...
, or for any other immoral purpose". In 1978, Congress updated the
Mann Act
The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois.
In its original form the act mad ...
's definition of "transportation" and added protections against commercial sexual exploitation for minors.
* The federal lawsuit, ''
Melissa Ludtke
Melissa Ludtke (born May 27, 1951) is an American journalist. In 1978, as a young sports journalist, Ludtke won a lawsuit for the right to be allowed in Major League Baseball locker rooms.
Early life
Ludtke was born in Iowa City, Iowa, but grew ...
and Time, Inc., Plaintiffs, v.
Bowie Kuhn
Bowie Kent Kuhn (; October 28, 1926 – March 15, 2007) was an American lawyer and sports administrator who served as the fifth Commissioner of Major League Baseball from February 4, 1969, to September 30, 1984. He served as legal counsel for Ma ...
, Commissioner of Baseball et al.'' (1978) is credited with giving equal access to
Major League Baseball
Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (AL), ...
locker rooms to women sports reporters. In 1977, Ludtke sued the baseball commission on the basis that her 14th amendment rights were violated when she was denied access to the
New York Yankees
The New York Yankees are an American professional baseball team based in the Boroughs of New York City, New York City borough of the Bronx. The Yankees compete in Major League Baseball (MLB) as a member club of the American League (AL) Amer ...
clubhouse while reporting on the
1977 World Series
The 1977 World Series was the championship series of Major League Baseball's (MLB) 1977 season. The 74th edition of the World Series, it was a best-of-seven playoff played between the American League (AL) champion New York Yankees and the Natio ...
. She won the lawsuit. The United States District Court for the Southern District of New York stated her fourteenth amendment right was violated since the New York Yankees clubhouse was controlled by New York City. That court also stated that her fundamental right to pursue a career was violated based on her sex.
* The 1890 Edmunds-Tucker Act is repealed. The
Edmunds–Tucker Act
The Edmunds–Tucker Act of 1887 was an Act of Congress that focused on restricting some practices of the Church of Jesus Christ of Latter-day Saints (LDS Church). An amendment to the earlier Edmunds Act, it was passed in response to the dispute ...
disincorporated both the LDS Church and the
Perpetual Emigration Fund
The Perpetual Emigrating Fund Company, commonly referred to as the Perpetual Emigration Fund (PEF), was a corporation established by the Church of Jesus Christ of Latter-day Saints (LDS Church) in 1849. The purpose of the corporation was to provid ...
on the grounds that they fostered
polygamy
Crimes
Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
. The act prohibited the practice of polygamy and punished it with a fine of from $500 to $800 and imprisonment of up to five years. It dissolved the
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and r ...
of the church and directed the confiscation by the federal government of all church properties valued over a limit of $50,000. The act was enforced by the
U.S. Marshal
The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforce ...
and a host of deputies. The act:
**Disincorporated the LDS Church and the Perpetual Emigrating Fund Company, with assets to be used for public schools in the Territory.
**Required an anti-polygamy oath for prospective voters, jurors and public officials.
**Annulled territorial laws allowing illegitimate children to inherit.
**Required civil
marriage license
A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdiction ...
s (to aid in the prosecution of polygamy).
**Abrogated the common law
spousal privilege
In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal ...
for polygamists, thus requiring wives to testify against their husbands.
** Disenfranchised women (who had been enfranchised by the Territorial legislature in 1870).
** Replaced local judges (including the previously powerful
Probate Court
A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the Administration of an estate on death, administration of estates. In some jurisdictions, such courts ma ...
judges) with federally appointed judges.
** Abolished the office of Territorial superintendent of district schools, granting the supreme court of the Territory of Utah the right to appoint a commissioner of schools. Also called for the prohibition of the use of sectarian books and for the collection of statistics of the number of so-called
gentiles
Gentile () is a word that usually means "someone who is not a Jew". Other groups that claim Israelite heritage, notably Mormons, sometimes use the term ''gentile'' to describe outsiders. More rarely, the term is generally used as a synonym for ...
and Mormons attending and teaching in the schools. In 1890 the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
Akron
Akron () is the fifth-largest city in the U.S. state of Ohio and is the county seat of Summit County. It is located on the western edge of the Glaciated Allegheny Plateau, about south of downtown Cleveland. As of the 2020 Census, the city prop ...
, Ohio, passed a city ordinance that restricted abortion rights.
; 1979
* ''
Bellotti v. Baird (1979)
''Bellotti v. Baird'', 443 U.S. 622 (1979), is a United States Supreme Court case that ruled 8-1 that teenagers do not have to secure parental consent to obtain an abortion.
The Court elaborated on its parental consent decision of 1976. It impli ...
'', 443 U.S. 622 (1979) was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that ruled that teenagers do not have to secure parental consent to obtain an
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
. The Court, 8-1, elaborates on its parental consent decision of 1976. It implies that states may be able to require a pregnant, unmarried minor to obtain parental consent to an abortion so long as the state law provides an alternative procedure to parental approval, such as letting the minor seek a state judge's approval instead. This plurality opinion declined to fully extend the right to seek and obtain an abortion, granted to adult women in
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
, to minors. The Court rejected this extension to minors by placing emphasis on the especially vulnerable nature of children, their "inability to make critical decisions in an informed and mature manner; and the importance of the parental role in child rearing."
* The Supreme Court ruled in ''Califano v. Westcott'' that two-parent families with unemployed mothers are entitled to AFDC benefits.
* '' Colautti v. Franklin'', 439 U.S. 379 (1979) was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
rights case, which held
void for vagueness
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a constitutionally-protected interest cannot tolerate permissible activity to be chilled within the ra ...
part of Pennsylvania's 1974 Abortion Control Act. The section in question was the following:
(a) Every person who performs or induces an abortion shall prior thereto have made a determination based on his experience, judgment or professional competence that the fetus is not viable, and if the determination is that the fetus is viable or if there is sufficient reason to believe that the fetus may be viable, shall exercise that degree of professional skill, care and diligence to preserve the life and health of the fetus which such person would be required to exercise in order to preserve the life and health of any fetus intended to be born and not aborted and the abortion technique employed shall be that which would provide the best opportunity for the fetus to be aborted alive so long as a different technique would not be necessary in order to preserve the life or health of the mother.
: Doctors who failed to adhere to the provisions of this section were liable to civil and criminal prosecution "as would pertain to him had the fetus been a child who was intended to be born and not aborted." Franklin and others sued, arguing that the provision was both vague and overbroad. In a 6–3 decision written by ''
Roe
Roe ( ) or hard roe is the fully ripe internal egg masses in the ovaries, or the released external egg masses, of fish and certain marine animals such as shrimp, scallop, sea urchins and squid. As a seafood, roe is used both as a cooking, coo ...
'' author
Harry Blackmun
Harry Andrew Blackmun (November 12, 1908 – March 4, 1999) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1970 to 1994. Appointed by Republican President Richard Nixon, Blac ...
, the Supreme Court agreed, finding that requiring a determination "if... the fetus is viable or if there is sufficient reason to believe the fetus may be viable" was insufficient and impermissibly vague guidance for physicians who might face criminal liability if a jury disagrees with their judgment.
* '' Personnel Administrator of Massachusetts v. Feeney'', 442 U.S. 256 (1979), was a case heard by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The decision upheld the constitutionality of a state law, giving hiring preference to veterans over nonveterans.
:The law was challenged as violating the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
of the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
by a woman, who argued that the law discriminated on the basis of sex because so few women were veterans.
* ''
Duren v. Missouri
''Duren v. Missouri'', 439 U.S. 357 (1979), was a United States Supreme Court case related to the Sixth Amendment. It challenged Missouri's law allowing gender-based exemption from jury service.
Ruth Bader Ginsburg, who later became a Supreme Co ...
'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Supreme Court ruled that the exemption on request of women from jury service under Missouri law, resulting in an average of less than 15% women on jury venires in the forum county, violated the "fair-cross-section" requirement of the Sixth Amendment as made applicable to the States by the Fourteenth.
* ''
Cannon v. University of Chicago
''Cannon v. University of Chicago'', 441 U.S. 677 (1979), was a United States Supreme Court case which interpreted Congressional silence in the face of earlier interpretations of similar laws to determine that Title IX of the Higher Education Act ...
'', 441 U.S. 677 (1979), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case which interpreted Congressional silence in the face of earlier interpretations of similar laws to determine that
Title IX
Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other educat ...
of the Higher Education Act provides an
implied cause of action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a p ...
.
* California: A lawsuit made California change its boxing regulations, which had limited women boxers to no more than four rounds.
* Missouri: In 1979, a court found that the part of Missouri law dealing with women having abortions after the first trimester needing to have it performed in a hospital was unconstitutional.
; 1980:
* Kentucky: In 1974, Kentucky adopted a law preventing public hospitals from performing abortion procedures except to protect the life of the mother. The law was later ruled unconstitutional by the
Sixth Circuit Court of Appeals
The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* Eastern District of Kentucky
* Western District of K ...
class action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
lawsuit dealing with
sexual discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primari ...
at an American university. The case was filed on September 5, 1973 by Shyamala Rajender, an assistant professor of chemistry at the
University of Minnesota
The University of Minnesota, formally the University of Minnesota, Twin Cities, (UMN Twin Cities, the U of M, or Minnesota) is a public university, public Land-grant university, land-grant research university in the Minneapolis–Saint Paul, Tw ...
. Rajender accused the university of engaging in employment discrimination on the basis of sex and national origin after she was turned down for a
tenure
Tenure is a category of academic appointment existing in some countries. A tenured post is an indefinite academic appointment that can be terminated only for cause or under extraordinary circumstances, such as financial exigency or program disco ...
-track position despite being recommended for the position by several university committees. The suit was certified as a
class action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
by the
United States District Court for the District of Minnesota
The United States District Court for the District of Minnesota (in case citations, D. Minn.) is the United States district court, federal district court whose jurisdiction is the state of Minnesota. Its two primary courthouses are in Minneapoli ...
in 1978. After eleven weeks of trial, the suit was settled in 1980 by a consent decree. Rajender received $100,000 and Judge
Miles Lord
Miles Welton Lord (November 6, 1919 – December 10, 2016) was a United States federal judge, United States district judge of the United States District Court for the District of Minnesota.
Education and career
Born November 6, 1919, in Dean La ...
enjoined the university from discriminating against women on the basis of sex. Rajender's attorneys were awarded approximately $2 million in fees.
* ''
Harris v. McRae
''Harris v. McRae'', 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are not required to fund medically necessary abortions for which federal reimbursement was unavailable a ...
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that States that participated in
Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
were not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate either the Fifth Amendment or the
Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
of the
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
.
* In ''William v. Zbaraz'', the United States Supreme Court upheld that states could constitutionally make their own versions of the anti-abortion
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
, and that states/the federal government have no statutory or constitutional obligation to fund medically necessary abortions.
* ''
Alexander v. Yale
''Alexander v. Yale'', 631 F.2d 178 (2d Cir. 1980), was the first use of Title IX of the United States Education Amendments of 1972 in charges of sexual harassment against an educational institution. It further established that sexual harassment ...
'', 631 F.2d 178 (2d Cir. 1980), was the first use of
Title IX
Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other educat ...
in charges of sexual harassment against an educational institution. It further established that sexual harassment of female students could be considered sex discrimination, and was thus illegal.
; 1981:
* The full end of the legal subordination of a wife to her husband: ''
Kirchberg v. Feenstra
''Kirchberg v. Feenstra'', 450 U.S. 455 (1981), was a United States Supreme Court case in which the Court held a Louisiana Head and Master law, which gave sole control of marital property to the husband and indicate the husband's dominance over th ...
'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court held a
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
Head and Master law The "Head and Master" laws were a set of American property laws that permitted a husband to have final say regarding all household decisions and jointly owned property without his wife's knowledge or consent. In 1979, Louisiana became the final stat ...
, which gave sole control of marital property to the husband, unconstitutional.
* '' H. L. v. Matheson'', 450 U.S. 398 (1981) was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
rights case, according to which a state may require a doctor to inform a teenaged girl's parents before performing an abortion or face criminal penalty.
* ''
Rostker v. Goldberg
''Rostker v. Goldberg'', 453 U.S. 57 (1981), is a decision of the Supreme Court of the United States holding that the practice of requiring only men to register for the draft was constitutional. After extensive hearings, floor debate and committee ...
'', , was a decision of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
holding that the practice of requiring only men to register for the
draft
Draft, The Draft, or Draught may refer to:
Watercraft dimensions
* Draft (hull), the distance from waterline to keel of a vessel
* Draft (sail), degree of curvature in a sail
* Air draft, distance from waterline to the highest point on a vessel ...
was
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
. After extensive hearings, floor debate and committee sessions on the matter, the United States Congress enacted the law, as it had previously been, to apply to men only. Several attorneys, including Robert L. Goldberg, subsequently challenged the gender distinction as unconstitutional. (The named defendant is Bernard D. Rostker, Director of the Selective Service System.) In a 6–3 decision, the Supreme Court held that this gender distinction was not a violation of the equal protection component of the due process clause, and that the Act would stand as passed.
* '' Bundy v. Jackson'', 641 F.2d 934 (C.A. D.C. 1981), was a
D.C. Circuit
The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
opinion, written by Judge Skelly Wright, that held that workplace sexual harassment could constitute employment discrimination under the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
.
* ''
Michael M. v. Superior Court of Sonoma County
''Michael M. v. Superior Court of Sonoma County'', 450 U.S. 464 (1981), was a United States Supreme Court case over the issue of gender bias in statutory rape laws. The petitioner argued that the statutory rape law discriminated based on gender an ...
'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case over the issue of gender bias in
statutory rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual ...
laws. The
petitioner {{Unreferenced, date=December 2009
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.
In the courts
The petitioner may seek a legal remedy if the state or anot ...
argued that the statutory rape law discriminated based on gender and was
unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
. The court ruled otherwise. Sexual intercourse entails a higher risk for women than men. Thus, the court found the law just in targeting men as the only possible perpetrators of statutory rape.
* The version of the
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
in force from 1981 until 1993 prohibited the use of federal funds for abortions "except where the life of the mother would be endangered if the fetus were carried to term."
* The Supreme Court of the United States determined in '' County of Washington v. Gunther'' that the Bennett Amendment explicitly incorporated only limited defenses to unequal pay due to sex and did not otherwise bar suits based on a comparison of payment for different jobs. Nevertheless, it has continued to be used to bar comparable worth suits in lower courts.
;1982
* ''
Mississippi University for Women v. Hogan
''Mississippi University for Women v. Hogan'', 458 U.S. 718 (1982), was a landmark decision of the Supreme Court of the United States, decided 5–4, which ruled that the single-sex admissions policy of the Mississippi University for Women viol ...
'', 458 U.S. 718 (1982) was a case decided 5–4 by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
Mississippi University for Women
Mississippi University for Women (MUW or "The W") is a coeducational public university in Columbus, Mississippi. It was formerly named the Industrial Institute and College for the Education of White Girls and later the Mississippi State College ...
violated the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
of the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
F.2d
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by W ...
760 (
7th Cir.
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. federal court with appellate jurisdiction over the courts in the following districts:
* Central District of Illinois
* Northern District of Ill ...
1982) is a
US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
decision of the U.S. Seventh Circuit Court of Appeals concerning the award of attorney's fees in a discrimination lawsuit. The facts of the case involved allegedly discriminatory practices in violation of
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
. The litigants of the case settled in favor of the plaintiffs, but brought the issue of reasonable attorney's fees to the district court. '' Chrapliwy v. Uniroyal, Inc.'' found that the reasonable attorney's fees are recoverable for time spent persuading the Federal Government to debar a defendant from its contracts when engaging in discriminatory practices. Reasonable attorney's fees are to be determined by the plaintiff's attorneys' rates, not by customary rates of attorneys in the locality in which the district court sits. Reasonable attorney's fees for risks of litigation and quality or representation are recoverable.
* New York City: After
Brenda Berkman
Brenda Berkman (born 1951) is a pioneering female firefighter. She was the sole named class plaintiff in the federal sex discrimination lawsuit that opened the Fire Department of the City of New York (FDNY) to women firefighters. After she won t ...
’s requests for a firefighting test that was fairer for women were ignored, she filed an ultimately successful class-action lawsuit: ''Brenda Berkman, et al. v. The City of New York'' (1982). A new test was created in which standards were changed so the test was job-related and Brenda with 40 other women passed to enter the fire academy in 1982. (''See Brenda Berkman, et al. v. The City of New York'', CV-79-1813, 536
F. Supp.
The ''Federal Supplement'' ( is a case law reporter published by West Publishing in the United States that includes select opinions of the United States district courts since 1932, and is part of the National Reporter System. Although the ''Fed ...
177 ( E.D.N.Y. 1982), ''aff’d'' Berkman v. City of New York, 705 F.2d 584 (2d Cir. 1983.))
* Pennsylvania: The Abortion Control Act was passed by the Pennsylvania government in 1982. The law required women seeking abortions wait 24 hours before getting an abortion, and required informed consent of parents for minor children and husbands for married women.
; 1983
* Kentucky: The 1981 unlawful abortion conviction of a
Wayne County, Kentucky
Wayne County is a county in the U.S. state of Kentucky along the southern border with Tennessee. As of the 2020 census, the population was 19,555. Its county seat is Monticello. The county, on the south-central border with Tennessee, was named ...
, man put the issue of abortion before the
Kentucky Supreme Court
The Kentucky Supreme Court was created by a 1975 constitutional amendment and is the state supreme court of the U.S. state of Kentucky. Prior to that the Kentucky Court of Appeals was the only appellate court in Kentucky. The Kentucky Court of ...
. In 1983, the court ruled that the seven-month-old fetus killed by the man during an attack on his wife could not be defined as a person under the
Model Penal Code
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...
.
* ''
City of Akron v. Akron Center for Reproductive Health
''City of Akron v. Akron Center for Reproductive Health'', 462 U.S. 416 (1983), was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence. In an opinion by Justice Powell, the Court struck down several provisio ...
'', 462 U.S. 416 (1983), was a case in which the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
affirmed its
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
rights jurisprudence. The case, decided June 15, 1983, struck down an
Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
abortion law
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances ...
with several provisions.
* Philadelphia County, Pennsylvania: After 139 years of existence as an all-male public high school,
Central
Central is an adjective usually referring to being in the center of some place or (mathematical) object.
Central may also refer to:
Directions and generalised locations
* Central Africa, a region in the centre of Africa continent, also known as ...
's all-male policy was challenged by Susan Vorchheimer, who wished to be admitted to Central. On August 7, 1975,
U.S. District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
Judge Clarence C. Newcomer ruled that Central must admit academically qualified girls starting in the fall term of 1975. The decision was appealed, and the Third Circuit Court ruled that Central had the right to retain its present status. The case eventually reached the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
that, on April 19, 1977, upheld the Third Circuit Court's verdict by a 4 to 4 vote with one abstention. That Supreme Court case was called '' Vorchheimer v. School Dist. of Philadelphia''. However, in August 1983, Judge William M. Marutani of the
Philadelphia County
Philadelphia County is a county in the Commonwealth of Pennsylvania. It is the most populous county in Pennsylvania. As of the 2020 census, Philadelphia County had a population of 1,603,797. The county is the second smallest county in Pennsyl ...
Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, ruled that the single-sex admission policy was unconstitutional. The Board of Education voted not to appeal the legal decision, thereby admitting girls to Central High School. In September 1983, the first six girls, all seniors, were admitted.
* Washington: Washington removed its marital exemptions for first-degree rape and second-degree rape in 1983.
; 1984
* The U.S. Supreme Court's 1984 ruling ''
Grove City College v. Bell
''Grove City College v. Bell'', 465 U.S. 555 (1984), was a case in which the United States Supreme Court held that Title IX, which applies only to colleges and universities that receive federal funds, could be applied to a private school that refu ...
''"The Oyez Project, Grove City College v. Bell" 465 U.S. 555 (1984) held that Title IX applied only to those programs receiving direct federal aid."Title IX." ''Encyclopædia Britannica''. 2009. Encyclopædia Britannica Online. 19 Nov. 2009 The case reached the Supreme Court when
Grove City College
Grove City College (GCC) is a private, conservative Christian liberal arts college in Grove City, Pennsylvania. Founded in 1876 as a normal school, the college emphasizes a humanities core curriculum and offers 60 majors and 6 pre-professional ...
disagreed with the Department of Education's assertion that it was required to comply with Title IX. Grove City College was not a federally funded institution; however, they did accept students who were receiving
Basic Educational Opportunity Grant
A Pell Grant is a subsidy the U.S. federal government provides for students who need it to pay for college. Federal Pell Grants are limited to students with financial need, who have not earned their first bachelor's degree, or who are enrolled i ...
s through a Department of Education program. The Department of Education's stance was that, because some of its students were receiving federal grants, the school was receiving federal assistance and Title IX applied to it. The Court decided that since Grove City College was only receiving federal funding through the grant program, only that program had to be in compliance. The ruling was a major victory for those opposed to Title IX, as it made many institutions' sports programs outside of the rule of Title IX and, thus, reduced the scope of Title IX.Suggs, Welsh. ''A Place on the Team.'' Princeton, NJ.: Princeton University Press, 2005.
* ''
Roberts v. United States Jaycees
''Roberts v. United States Jaycees'', 468 U.S. 609 (1984), was a decision of the Supreme Court of the United States overturning the United States Court of Appeals for the Eighth Circuit's application of a Minnesota antidiscrimination law. The ca ...
'', , was an opinion of the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
overturning the
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts:
* Eastern District of Arkansas
* Western Dis ...
's application of a
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
antidiscrimination law, which had permitted the United States Junior Chamber (Jaycees) to exclude women from full membership.
* ''People v. Pointer'' was a criminal law case from the California Court of Appeal, First District, which is significant because the trial judge included in his sentence (law), sentencing a prohibition on the defendant becoming pregnant during her period of probation. The appellate court held that such a prohibition was outside the bounds of a judge's sentencing authority. The case was Remand (court procedure), remanded for resentencing to undo the overly broad prohibition against conception (biology), conception.
* In ''Tallon v. Liberty Hose Co. No. 1'' (Pa. Super. Ct. 1984), a case concerning sex discrimination, it was ruled that a volunteer fire department may be held liable under section 1983 for violating a plaintiff's constitutional rights.
* In ''Hishon v. King & Spaulding'' (1984), a case in which a woman claimed that her failure to be promoted to partner at a law firm was due to her gender, the Supreme Court ruled that
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
bans discrimination by employers in the context of any contractual employer/employee relationship, including but not limited to law partnerships.
* New York: In the 1984 New York Court of Appeals case of ''People v. Liberta'', judge Sol Wachtler stated that "a marriage license should not be viewed as a license for a husband to forcibly rape his wife with impunity. A married woman has the same right to control her own body as does an unmarried woman".
* California: In July 1984, the California Courts of Appeal overturned Superior Court of Los Angeles County judge Eli Chernow, ruling that fetuses could not be buried as human remains in the Los Angeles fetus disposal scandal, which was a win for pro-choice groups and feminists.
; 1985
* The "Mexico City Policy" came into effect, and it directed the
United States Agency for International Development
The United States Agency for International Development (USAID) is an independent agency of the U.S. federal government that is primarily responsible for administering civilian foreign aid and development assistance. With a budget of over $27 bi ...
(USAID) to withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available.
* Indianapolis, Indiana: ''American Booksellers Ass'n, Inc. v. Hudnut'', 771 F.2d 323 (7th Cir. 1985), aff'd mem., 475 U.S. 1001 (1986), was a 1985 court case that successfully challenged the constitutionality of the Antipornography Civil Rights Ordinance, as enacted in Indianapolis, Indiana the previous year. Frank H. Easterbrook, Judge Easterbrook, writing for the court, held that the ordinance's definition and prohibition of "pornography" was unconstitutional. The ordinance did not refer to the prurient interest, as required of obscenity statutes by the Supreme Court in ''Miller v. California'', 413 U.S. 15 (1973). Rather, the ordinance defined pornography by reference to its portrayal of women, which the court held was unconstitutional, as "the First Amendment means that government has no power to restrict expression because of its message [or] its ideas."
; 1986
* Kentucky: The 1986 Kentucky General Assembly passed legislation requiring parental consent for minors seeking abortions. The law required the consent of only the custodial parent if the parents did not live together, and also allowed the minor to petition a district or circuit court for permission.
* Connecticut: The "Thurman v. City of Torrington, Thurman Law" (aka the Family Violence Prevention and Response Act), instituted in Connecticut in 1986, made domestic violence an automatically arrestable offense, even if the victim did not wish to press charges.
* ''Thornburgh v. American College of Obstetricians and Gynecologists'' 476 U.S. 747 (1986) was a United States Supreme Court case involving a challenge to Pennsylvania's Abortion Control Act of 1982.Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 183. The American College of Obstetricians and Gynecologists sought an injunction to all enforcement of the Pennsylvania law. Although the law in question was similar to the one in ''
City of Akron v. Akron Center for Reproductive Health
''City of Akron v. Akron Center for Reproductive Health'', 462 U.S. 416 (1983), was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence. In an opinion by Justice Powell, the Court struck down several provisio ...
'', in ''Thornburgh'' the Reagan administration asked the justices to overrule ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''. Justice Blackmun's opinion for the court rejected this position, reaffirming ''Roe''.
* ''Meritor Savings Bank v. Vinson'', Case citation, 477 U.S. 57 (1986), marked the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's recognition of certain forms of sexual harassment as a violation of Civil Rights Act of 1964, Civil Rights Act of 1964 Title VII, and established the standards for analyzing whether conduct was unlawful and when an employer would be liable.
* The
Mann Act
The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois.
In its original form the act mad ...
originally made it a
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
to engage in interstate or foreign commerce transport of "any woman or girl for the purpose of
prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
or
debauchery
Debauchery may refer to:
* Corruption
*Libertinism
*Lust
* Binge drinking
* Currency debasement
*Debauchery (band), a German death metal band
See also
*''Sodom, or the Quintessence of Debauchery'', a 1684 closet drama.
*LGBT rights in Kuwait
...
, or for any other immoral purpose". In 1978, Congress updated the
Mann Act
The White-Slave Traffic Act, also called the Mann Act, is a United States federal law, passed June 25, 1910 (ch. 395, ; ''codified as amended at'' ). It is named after Congressman James Robert Mann of Illinois.
In its original form the act mad ...
's definition of "transportation" and added protections against commercial sexual exploitation for minors. In 1986 it was further amended to replace the ambiguous "debauchery" and "any other immoral purpose" with the more specific "any sexual activity for which any person can be charged with a criminal offense" as well as to make it gender-neutral."Ronald Reagan, Reagan Signs Tough Bill In Crackdown on Child Porn". United Press International (via the ''San Francisco Chronicle'') November 8, 1986. "President Reagan signed a bill yesterday strengthening provisions of existing child pornography laws. The new measure, passed unanimously by both houses of Congress, would make it a crime to advertise to buy or sell child pornography, to seek children for the production of pornography or to participate with children in the production of it. [...] On another subject, the bill rewrites the Mann Act, a relic of the early part of the century, which makes it a crime to transport a woman across state lines for 'immoral' purposes. The new provision makes the statute gender-neutral and eliminates archaic language."
* Alabama: Alabama: In Alabama, the marital exemption from the rape law was found unconstitutional, in the case ''Merton v. State'' (1986).
* District of Columbia: Women gained the right to go topless.
* Rhode Island: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely by reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state. Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof. – Rhode Island Constitution, Article I, §2 (1986).
; 1987
* ''California Federal S. & L. Assn. v. Guerra'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case about whether a U.S. state, state may require employers to provide greater pregnancy benefits than required by Federal government of the United States, federal law, as well as the ability to require pregnancy benefits to women without similar benefits to men. The court held that The California Fair Employment and Housing Act in 12945(b)(2), which requires employers to provide leave and reinstatement to employees disabled by pregnancy, is consistent with federal law.
* In 1976, the Rotary Club of Duarte in Duarte, California, admitted three women as members. After the club refused to remove the women from membership, Rotary International revoked the club's charter in 1978. The Duarte club filed suit in the California courts, claiming that Rotary Clubs are business establishments subject to regulation under California's Unruh Civil Rights Act, which bans discrimination based on race, gender, religion or ethnic origin. Rotary International then appealed the decision to the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The United States Supreme Court, on 4 May 1987, confirmed the Californian decision supporting women, in the case ''Board of Directors, Rotary International v. Rotary Club of Duarte''. Rotary International then removed the gender requirements from its requirements for club charters, and most clubs in most countries have opted to include women as members of Rotary Clubs.
* ''Johnson v. Transportation Agency'', 480 U.S. 616 (1987), is the only
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case to address a sex-based affirmative action plan in the employment context. The case was brought by Paul Johnson, a male Santa Clara Transportation Agency employee, who was passed over for a promotion in favor of Diane Joyce, a female employee who Johnson argued was less qualified. The Court found that the plan did not violate the protection against discrimination on the basis of sex in the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
,
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
.
; 1988
* Arkansas: An amendment to the state constitution in 1988 said, "The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution."
* The Civil Rights Restoration Act of 1987 was passed in 1988 which extended Title IX of the Civil Rights Act of 1964 coverage to all programs of any educational institution that receives any federal assistance, both direct and indirect."Legislative History of Title IX" National Organization for Women. June 27, 2007.
* Bellingham, Washington: A version of the Antipornography Civil Rights Ordinance was passed in Bellingham, Washington; however, the American Civil Liberties Union filed suit against the city of Bellingham after the ordinance was passed, and the federal court struck the law down on First Amendment grounds. H.R.5050 – Women's Business Ownership Act of 1988 The Women's Business Ownership Act was passed in 1988 with the help of the National Association Women Business Owners (NAWBO). The Act was created to address the needs of women in business by giving women entrepreneurs better recognition, additional resources, and by eliminating discriminatory lending practices by banks that favored male business owners over female. The bill was signed into law by President Ronald Reagan. Among other things, it put an end to state laws that required women to have male relatives sign business loans.
; 1989
* ''Webster v. Reproductive Health Services'', Case citation, 492 U.S. 490 (1989), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision on July 3, 1989 upholding a
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
law that imposed restrictions on the use of state funds, facilities, and employees in performing, assisting with, or counseling on
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
s. The Supreme Court in ''Webster'' allowed for states to legislate in an area that had previously been thought to be forbidden under ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''.
* ''Price Waterhouse v. Hopkins'', , was an important decision by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
on the issue of employer liability for
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
. The Court held that the employer, the accounting firm Price Waterhouse, must prove by a preponderance of the evidence that the decision regarding employment would have been the same if sex discrimination had not occurred. The accounting firm failed to prove that the same decision to postpone Ann Hopkins's promotion to partnership would have still been made in the absence of sex discrimination, and therefore, the employment decision constituted sex discrimination under
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
. The significance of the Supreme Court's ruling was twofold. First, it established that Sexist stereotypes, gender stereotyping is actionable as sex discrimination. Second, it established the Mixed motive discrimination, mixed-motive framework as an evidentiary framework for proving discrimination under a disparate treatment theory even when lawful reasons for the adverse employment action are also present.
* The first "Restroom Equity" Act in the United States was passed in California in 1989. It was introduced by then-Senator Arthur Torres after several long waits for his wife to return from the bathroom.
; 1990
* ''Hodgson v. Minnesota'', Case citation, 497 U.S. 417 (1990), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
rights case that dealt with whether a state law may require notification of both parents before a minor can obtain an abortion. The law in question provided a judicial alternative. The law was declared valid with the judicial bypass, but the ruling struck down the two-parent notification requirement.
* Nevada: In 1990, Nevada voters approved Question 7 to affirm statute Nevada Revised Statutes Chapter 442, section 250 (which permits abortion up to 24 weeks gestation) by 63.5 percent of the vote. With the affirmation, the Nevada Legislature may not in any way alter that statute, unless it is first repealed by the state voters in a direct vote.
; 1991
* The Civil Rights Act of 1991 added provisions to
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
protections including expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment.
* The case of ''Ellison v. Brady'' (US Court of Appeals for the Ninth Circuit – 924 F.2d 872 (9th Cir. 1991)) resulted in rejecting the reasonable person standard in favor of the "reasonable woman standard" in sexual harassment cases which allowed for such cases to be analyzed from the perspective of the complainant and not the defendant.
* ''Rust v. Sullivan'' 500 U.S. 173 (1991), was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case decided in 1991 that found restrictions on funding with regard to abortion counseling to be constitutionally permissible.
* ''
United Automobile Workers v. Johnson Controls, Inc.
''United Automobile Workers v. Johnson Controls, Inc.'', 499 U.S. 187 (1991), was a decision by the Supreme Court of the United States establishing that private sector policies prohibiting women from knowingly working in potentially hazardous occup ...
'' 499 U.S. 187 (1991) is a decision by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
establishing that private sector policies which allow men but not women to knowingly work in potentially hazardous occupations is gender discrimination and violates
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
of the 1964 Civil Rights Act as amended by the
Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) of 1978 () is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
The Act covers discrimination "on the basis of ...
of 1978. At the time the case was heard, it was considered one of the most important sex-discrimination cases since the passage of Title VII.
* In ''Robinson v. Jacksonville Shipyards, Inc.'', a Florida district court judge ruled that "pictures of nude and partially nude women" placed throughout the workplace do constitute sexual harassment.
; 1992:
* ''Planned Parenthood v. Casey'', Case citation, 505 U.S. 833 (1992) was a case decided by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in which the
constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of several
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
U.S. state, state statutory provisions regarding
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
were challenged. Notably, the case was a turn from the ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' decision to tie an abortion's legality to the third trimester, associating the legal timeframe with fetal viability. In theory, its aim was to make the woman's decision more thoughtful and informed. The Court's plurality opinion upheld the constitutional right to have an abortion while altering the standard for analyzing restrictions on that right. Applying its new standard of review, the Court upheld four regulations and invalidated the requirement of spousal notification.
* In ''R.A.V. v. City of St. Paul'' (1992), the United States Supreme Court overturned a statute prohibiting speech or symbolic expression that "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender" on the grounds that, even if the specific statute was limited to fighting words, it was unconstitutionally content-based and viewpoint-based because of the limitation to race-/religion-/sex-based fighting words. The Court, however, made it repeatedly clear that the City could have pursued "any number" of other avenues, and reaffirmed the notion that "fighting words" could be properly regulated by municipal or state governments.
* New York State: In 1986, seven women who picnicked topless were charged in Rochester, New York with baring "that portion of the breast which is below the top of the areola". That law had originally been enacted to discourage 'topless' waitresses. The women were initially convicted, but on appeal two of the women's charges were reversed by the New York State Court of Appeals in 1992 on equal protection grounds in ''Santorelli's'' case.
* ''Franklin v. Gwinnett County Public Schools'', 503 U.S. 60 (1992), is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
Case in which the Court decided, in a unanimous vote, that monetary relief is available under Title IX, Title IX of the Federal Education Amendments of 1972.
* Massachusetts: On 16 April 1992, after eight years in court litigation in Massachusetts, Gail Grandchamp gained the right to become a boxer, as a state Superior Court judge deemed it was illegal to deny someone a chance to box based on gender.
; 1993
* Maine: Maine passed abortion-related legislation in 1993 that said women have the right to "terminate a pregnancy before viability".
* ''Harris v. Forklift Systems, Inc.'', 510 U.S. 17 (1993), is a case in which the Supreme Court of the United States, United States of America Supreme Court clarified the definition of a "hostile" or "abusive" work environment under Title VII of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
. In a unanimous opinion written by
Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
Sandra Day O'Connor, the Court held that a determination about whether a work environment is hostile or abusive requires a consideration of all relevant circumstances.
* ''Bray v. Alexandria Women's Health Clinic'' was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the court held that 42 U.S.C. 1985(3) does not provide a federal cause of action against persons obstructing access to abortion clinics. Several abortion clinics (most known was the Alexandria Health Clinic) sued to prevent Jayne Bray and other anti-abortion protesters from voicing their Freedom of speech in the United States, freedom of speech in front of the clinics in Washington D.C.
:Alexandria Women's Health Clinic reported that the protesters violated 42 U.S.C. 1985(3), which prohibits protests to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws."
* The "Mexico City Policy", which directed the
United States Agency for International Development
The United States Agency for International Development (USAID) is an independent agency of the U.S. federal government that is primarily responsible for administering civilian foreign aid and development assistance. With a budget of over $27 bi ...
(USAID) to withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available, was rescinded by President Clinton.
* On October 22, 1993, Bill Clinton, President Clinton signed into law the ''Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994''. The Act contained a new version of the
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
that expanded the category of abortions for which federal funds are available under Medicaid to include cases of rape and incest.
* The Family and Medical Leave Act of 1993 (FMLA) is a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
United States federal law, federal law requiring covered employers to provide employees job-protected and unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, family military leave,
pregnancy
Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins.
Pregnancy usually occurs by sexual intercourse, but ca ...
, adoption, or the foster care placement of a child.
* By 1993, all states had either withdrawn exemptions used to legalize marital rape, with the last states to do so being Oklahoma and North Carolina (both in 1993) or their exemption had been declared judicially to be unconstitutional.
* Utah: In ''Beynon v. St. George-Dixie Lodge 1743'' (1993), the Utah Supreme Court ruled that while Freedom of Association allowed the Benevolent and Protective Order of Elks, Elks to remain a men-only organization, "the Elks may not avail itself of the benefits of a liquor license and the license's concomitant state regulation" as long as it violated the Utah State Civil Rights Act. Faced with losing their liquor licenses if they did not admit women, the Elks Lodges of Utah voted to become unisex in June 1993, which was followed by a vote at the Elks National Convention in July 1995 to remove the word "male" from the national membership requirements.
; 1994
* ''Madsen v. Women's Health Center, Inc.'', 512 U.S. 753 (1994), is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case where Petitioners challenged the constitutionality of an injunction entered by a Florida state court which prohibits antiabortion protesters from demonstrating in certain places and in various ways outside of a health clinic that performs abortions.. The Madsen majority sustained the constitutionality of the Clinic's thirty-six foot buffer zone and the noise-level provision, finding that they burdened no more speech than necessary to serve the injunction's goals. However, the Court struck down the thirty-six foot buffer zone as applied to the private property north and west of the Clinic, .the 'images observable' provision, the three hundred foot no-approach zone around the Clinic, and the three hundred foot buffer zone around residences. The Court found that these provisions " [swept] more broadly than necessary" to protect the state's interests. Thus, the judgment of the Florida Supreme Court was affirmed in part and reversed in part.
* The Violence Against Women Act, Violence Against Women Act of 1994 is a
United States federal law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
(Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act, ) signed as by US President, President Bill Clinton on September 13, 1994 (codified in part at 42 U.S.C. sections 13701 through 14040). The Act provides $1.6 billion toward investigation and prosecution of violent crimes against women, imposes automatic and mandatory restitution on those convicted, and allows civil redress in cases prosecutors chose to leave un-prosecuted. The Act also establishes the Office on Violence Against Women within the United States Department of Justice, Department of Justice.
* In 1994, the Equity in Athletics Disclosure Act, sponsored by congresswoman Cardiss Collins, required federally assisted higher education institutions to disclose information on roster sizes for men's and women's teams, as well as budgets for recruiting, scholarships, coaches' salaries, and other expenses, annually."Landmark Title IX Cases in History" Gender Equity in Sport. February 23, 2006.
* ''J. E. B. v. Alabama ex rel. T. B.'', Case citation, 511 U.S. 127 (1994), was a case in which the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that making peremptory challenges based solely on a prospective juror's sex is unconstitutional. ''J.E.B.'' extended the court's existing precedent in ''Batson v. Kentucky'' (1986), which found race-based peremptory challenges in criminal trials unconstitutional, and ''Edmonson v. Leesville Concrete Company'' (1991), which extended that principle to civil trials. As in ''Batson'', the court found that sex-based challenges violate the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
.
* The Freedom of Access to Clinic Entrances Act (FACE or the Access Act, Act of Congress, Pub. L. No. 103-259, 108 Stat. 694) (May 26, 1994, ) is a United States law that was signed by President Bill Clinton in May 1994, which prohibits the following three things: (1) the use of physical force, threat of physical force, or physical obstruction to intentionally injury, injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is obtaining reproductive health, reproductive health services or providing reproductive health services (this portion of the law typically refers to abortion clinics), (2) the use of physical force, threat of physical force, or physical obstruction to intentionally injure, intimidate, interfere with or attempt to injure, intimidate or interfere with any person who is exercising or trying to exercise their
First Amendment
First or 1st is the ordinal form of the number one (#1).
First or 1st may also refer to:
*World record, specifically the first instance of a particular achievement
Arts and media Music
* 1$T, American rapper, singer-songwriter, DJ, and rec ...
right of religious freedom at a place of worship, place of religious worship, (3) the intentional damage or destruction of a reproductive health care facility or a place of worship.United States. Freedom of Access to Clinics Entrances (FACE) Act – Statute., Web. November 21, 2009. <>.
; 1995
* Illinois: In 1995, the 89th Illinois General Assembly enacted the Parental Notice of Abortion Act, a parental notification law. The Act required physicians to give 48 hours' notice to the parent, grandparent or guardian of a minor seeking an abortion. However, the law was enjoined by the courts for more than two decades.
* Columbus, Ohio: Women in Columbus, Ohio gained the right to go topless.
* The Violent Crime Control and Law Enforcement Act, enacted in note Sec. 280003 requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived gender, race, color, religion, national origin, or ethnicity of any person. In 1995, the Sentencing Commission implemented these guidelines, which only apply to federal crimes.
; 1996
* Matter of Kasinga, Fauziya Kasinga, a 19-year-old member of the Tchamba-Kunsuntu tribe of Togo, was granted asylum in 1996 after leaving an arranged marriage to escape FGM; this set a precedent in U.S. immigration law because it was the first time FGM was accepted as a form of persecution. In addition, this was the first situation in which asylum was granted based on gender.
* ''United States v. Virginia'', , was a List of landmark court decisions in the United States, landmark case in which the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
struck down the Virginia Military Institute (VMI)'s long-standing Men's college, male-only admission policy in a 7–1 decision. (Justice Clarence Thomas, whose son was enrolled at VMI at the time, recusal, recused himself.)
* The Newborns' and Mothers' Health Protection Act of 1996 is a piece of legislation relating to the coverage of maternity by health insurance plans in the United States of America. It was signed into law on September 26, 1996 and requires plans that offer maternity coverage to pay for at least a 48-hour hospital stay following childbirth (96-hour stay in the case of a caesarean section).
* California: The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. – California Constitution, Article I, §31(a) (1996) (1996 California Proposition 209)
; 1997
* New Hampshire: In 1997, Gov. Jeanne Shaheen signed legislation that repealed most of the abortion restrictions in place in New Hampshire.
* Kansas: In 1997, the Kansas legislature passed the Woman's Right to Know Act, which required, except in the case of a medical emergency, a 24-hour period between the time that the woman is informed in writing of legally-required information and the abortion.
* The Campus Hate Crimes Right to Know Act of 1997 enacted , which requires campus security authorities to collect and report data on hate crimes committed on the basis of gender, race, religion, sexual orientation, ethnicity, or disability.
* The ''Federal Prohibition of Female Genital Mutilation Act'' is enacted.
* ''Schenck v. Pro-Choice Network of Western New York'', Case citation, 519 U.S. 357 (1997), was a case heard before the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
related to legal protection of access to abortion. It ruled in an 8–1 decision that "floating buffer zones" preventing protesters approaching people entering or leaving abortion clinics were unconstitutional, though "fixed buffer zones" around the clinics themselves remained constitutional. The Court's upholding the fixed buffer was the most important aspect of the ruling, because it was a common feature of injunctions nationwide.
* The Domestic Violence Offender Gun Ban, often called "the Lautenberg Amendment" ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", , ), is an amendment to the Omnibus Consolidated Appropriations Act of 1997, enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D – NJ).
* ''Yeaw v. Boy Scouts of America'' was a high-profile case filed in 1997 before the Supreme Court of California to determine whether the Boy Scouts of America is a business establishment within the meaning of the Unruh Civil Rights Act (Civ. Code, § 51) and does not have the right to exclude girls from membership. It was determined The Boy Scouts of America are not considered a "business establishment" and do not fall under the provisions of California's Unruh Civil Rights Act.
* Gloria Allred represented ''Melrose Place'' actress Hunter Tylo in 1997 when producer Aaron Spelling fired her because she was pregnant. A jury awarded Tylo $4.8 million. The case was important in establishing the rights of actors to continue work if they become pregnant.
* Montana: In 1997, the Montana Legislature passed a law that said only physicians could perform abortions. After a lawsuit, they changed the law to allow nurse practitioners to perform abortions.
; 1998
* Kentucky: The Kentucky General Assembly passed legislation that required clinics to have an Abortion Clinic License if they wanted to operate. Part of this was a requirement for a transfer agreement between the clinic and a hospital and ambulance.
* Iowa: All men and women are, by nature, free and equal and have certain inalienable rights—among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness. – Iowa Constitution, Article I, §1 (1998).
* Florida: Basic rights. All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability. – Florida Constitution, Article I, §2 (1998).
* Moscow, Idaho: Women in Moscow, Idaho gained the right to go topless.
* ''Faragher v. City of Boca Raton'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court identified the circumstances under which an employer may be held liable under
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment discrimination. The court held that "an employer is vicariously liable for actionable discrimination caused by a supervisor, but subject to an affirmative defense looking to the reasonableness of the employer's conduct as well as that of a plaintiff victim."
* ''Burlington Industries, Inc. v. Ellerth'', 524 US 742 (1998) is a landmark employment law case of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
holding that employers are liable if supervisors create a hostile work environment for employees. ''Ellerth'' also introduced a two-part affirmative defense allowing employers to avoid sex discrimination liability if they follow best practices. ''Ellerth'' is often considered alongside ''Faragher v. City of Boca Raton''.
* ''Jenson v. Eveleth Taconite Co., Lois E. Jenson v. Eveleth Taconite Co.'' was the first class action, class-action sexual harassment lawsuit in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. It was filed in 1988 on behalf of Lois Jenson and other female workers at the EVTAC mining, mine in Eveleth, Minnesota on the state's northern Mesabi Range, which is part of the Iron Range. On December 23, 1998, just before the trial was set to begin, fifteen women settled with Eveleth Mines for a total of $3.5 million.
* ''Miller v. Albright'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court upheld the validity of laws relating to birthright citizenship in the United States, U.S. citizenship at birth for children born outside the United States, illegitimacy, out of wedlock, to an American parent. The Court declined to overturn a more restrictive citizenship requirement applying to an illegitimate foreign-born child of an American father, as opposed to a child born to an American mother under similar circumstances.
* In ''Gebser v. Lago Vista Independent School District'', the Supreme Court ruled that in order for a party to recover sexual harassment damages under Title IX of the Education Amendments of 1972, they must show that a school district official knew what was happening and was able to take measures to correct it if they wished, and that the educational establishment deliberately failed to respond properly. Since that was not what happened in this case, Lago Vista was not liable for sexual harassment damages.
* ''Oncale v. Sundowner Offshore Services'', , was a decision of the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The case arose out of a suit for sex discrimination by a male oil-rig worker, who claimed that he was repeatedly subjected to sexual harassment by his male co-workers with the acquiescence of his employer. The Court held that Title VII's protection against workplace discrimination "because of... sex" applied to harassment in the Workplace harassment, workplace between members of the same sex.
; 1999
* A United States House of Representatives appropriations bill (HR 2490) that contained an amendment specifically permitting breastfeeding was signed into law on September 29, 1999. It stipulated that no government funds may be used to enforce any prohibition on women breastfeeding their children in federal buildings or on federal property.
* A federal law enacted in 1999 specifically provides that "a woman may breastfeed her child at any location in a federal building or on federal property, if the woman and her child are otherwise authorized to be present at the location."
* In ''Davis v. Monroe County Board of Education'', the Supreme Court ruled that a school board can be held responsible under Title IX of the Education Amendments of 1972 for student-on-student sexual harassment.
21st century
; 2000
* ''Stenberg v. Carhart'', Case citation, 530 U.S. 914 (2000), is a case heard by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
dealing with a Nebraska law which made performing "partial-birth abortion" illegal, without regard for the health of the mother. Nebraska physicians who performed the procedure contrary to the law were subject to having their medical licenses revoked. The Court struck down the law, finding the Nebraska statute criminalizing "partial birth abortion[s]" violated the
Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as ...
of the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, as interpreted in ''Planned Parenthood v. Casey'' and ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''.
* ''United States v. Morrison'', , is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment to the Constitution.
* The
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
ruled that companies that provided insurance for prescription drugs to their employees but excluded birth control were violating the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
.
; 2001:
* The "Mexico City Policy", which directed the
United States Agency for International Development
The United States Agency for International Development (USAID) is an independent agency of the U.S. federal government that is primarily responsible for administering civilian foreign aid and development assistance. With a budget of over $27 bi ...
(USAID) to withhold USAID funds from NGOs that use non-USAID funds to engage in a wide range of activities, including providing advice, counseling, or information regarding abortion, or lobbying a foreign government to legalize or make abortion available, was reinstated by President George W. Bush, who implemented it through conditions in USAID grant awards, and subsequently extended the policy to "voluntary population planning" assistance provided by the Department of State.
* ''Ferguson v. City of Charleston'', , is a United States Supreme Court decision that found Medical University of South Carolina's policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment to the United States Constitution, Fourth Amendment. The Court held that the search in question was unreasonable.
* ''Nguyen v. INS'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court upheld the validity of laws relating to birthright citizenship in the United States, U.S. citizenship at birth for children born outside the United States, illegitimacy, out of wedlock, to an American parent. The Court declined to overturn a more restrictive citizenship requirement applying to a foreign-born child of an American father and a non-American mother who was not married to the father, as opposed to a child born to an American mother under similar circumstances.''Nguyen v. INS'', .
; 2002
* ''Center for Reproductive Law and Policy v. Bush'', 304 F.3d 183 (2d Cir. 2002) was a case in which the
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
upheld the George W. Bush administration, Bush Administration's re-imposition of the Mexico City Policy, which states that "the United States will no longer contribute to separate nongovernmental organizations which perform or actively promote abortion as a method of family planning in other nations."
* In ''Apessos v. Memorial Press Group'', a Massachusetts state court made a ruling forbidding employers from firing domestic violence survivors who need to take time off from work to obtain a court order of protection.
* California: In 2002, the California State Legislature passed a law that said: "The state may not deny or interfere with a woman's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman."
* Florida: In 2002, Sultaana Freeman filed a religious discrimination lawsuit against Florida when the state's Department of Highway Safety suspended her license when she refused to be re-photographed without her veil. Her legal license was suspended without change in policy or law following the September 11, 2001 attacks. Her lawsuit argued that her religious beliefs required her to wear a veil "in front of strangers and unrelated males". It also stated that other states allowed photo-free licenses for religious reasons. Judge Janet C. Thorpe denied her lawsuit that year, and a state appeals court later upheld Thorpe's ruling.
; 2003
* New Hampshire: In June 2003, the New Hampshire Parental Notification Prior to Abortion Act, "an act requiring parental notification before abortions may be performed on unemancipated minors," was narrowly passed by the New Hampshire General Court.Introduced a House Bill 763-FN The act passed with a vote of 12-11 in the New Hampshire Senate and 187-181 in the New Hampshire House of Representatives. This law was repealed in 2007, making rehearing at the district court level moot."Planned Parenthood to have attorney's fees paid" Seacoastonline.com.
* ''Scheidler v. National Organization for Women (2003), Scheidler v. National Organization for Women'', 537 U.S. 393 (2003), is a United States Supreme Court case involving whether abortion providers could receive damages from protesters under the Racketeer Influenced and Corrupt Organizations Act.''Scheidler v. National Organization for Women'', .
National Organization for Women
The National Organization for Women (NOW) is an American feminist organization. Founded in 1966, it is legally a 501(c)(4) social welfare organization. The organization consists of 550 chapters in all 50 U.S. states and in Washington, D.C. It ...
(NOW) obtained class status for women seeking the use of women's health clinics and began its court battle against Joseph Scheidler and PLAN et al. in 1986. In this particular case, the court's opinion was that extortion did not apply to the defendants' actions because they did not obtain any property from the respondents (NOW and the class of women).
* The Partial-Birth Abortion Ban Act of 2003 (, ,Partial-Birth Abortion Ban Act of 2003, Enrolled as Agreed to or Passed by Both House and Senate ''(HTML)''; same from the United States Government Printing Office, U.S. Government Printing Office ''(PDF)'' "PBA Ban") is a Law of the United States, United States law prohibiting a form of late-term abortion that the Act calls "Intact dilation and extraction#Partial-birth abortion, partial-birth abortion", referred to in medical literature as intact dilation and extraction.''Gonzales v. Carhart'' 550 U.S. ____ (2007) Findlaw.com. Retrieved 2007-04-19. ("The medical community has not reached unanimity on the appropriate name for this D&E variation. It has been referred to as 'intact D&E,' 'dilation and extraction' (D&X), and 'intact D&X' ....For discussion purposes this D&E variation will be referred to as intact D&E....A straightforward reading of the Act's text demonstrates its purpose and the scope of its provisions: It regulates and proscribes, with exceptions or qualifications to be discussed, performing the intact D&E procedure.") Under this law, "Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both."
* ''Nevada Department of Human Resources v. Hibbs'', court citation, 538 U.S. 721 (2003), was a
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
case which held that the Family and Medical Leave Act of 1993 was "narrowly targeted" at "sex-based overgeneralization" and was thus a "valid exercise of [congressional] power under Section 5 of the Fourteenth Amendment."
* Indiana: The Indiana Supreme Court recognized the medical malpractice tort of "wrongful pregnancy" when a woman became pregnant after a failed sterilization procedure. The court decided that the damages may include the cost of the pregnancy but may not include the ordinary cost of raising the child, as the benefits of rearing the child could not be calculated.
; 2005
* ''Jackson v. Birmingham Board of Education'', , is a case in which the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that retaliation against a person because that person has complained of
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
is a form of intentional sex discrimination encompassed by
Title IX
Title IX is the most commonly used name for the federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other educat ...
.
* ''McCorvey v. Hill'', Case citation, 385 F.3d 846 (5th Cir. 2004), was a case in which the principal original litigant in ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'', (1973) Norma McCorvey, also known as 'Jane Roe', requested the overturning of ''Roe''. The U.S. Court of Appeals for the Fifth Circuit ruled that McCorvey could not do this; the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
denied certiorari on February 22, 2005, rendering the opinion of the Fifth Circuit final.
* The lawsuit ''Gonzalez v. Abercrombie & Fitch Stores, Inc., Eduardo Gonzalez, et al. v. Abercrombie & Fitch Stores, Inc., et al.'' (No. C03-2817), filed in June 2003, alleged that the nationwide retailer Abercrombie & Fitch "violated Title VII of the Civil Rights Act of 1964 by maintaining recruiting and hiring practice that excluded minorities and women and adopting a restrictive marketing image, and other policies, which limited minority and female employment.""EEOC Agrees to Landmark Resolution of Discrimination Case Against Abercrombie & Fitch," Press Release from the Equal Employment Opportunity Commission, Nov. 18, 2004."The Look of Abercrombie & Fitch: Retail Store Accused Of Hiring Attractive, Mostly White Salespeople," CBS ''60 Minutes'' segment on ''Gonzalez'' case, Dec. 5, 2003. The female and Latino, African-American, and Asian American plaintiffs charged that they were either not hired despite strong qualifications or if hired "they were steered not to sales positions out front, but to low-visibility, back-of-the-store jobs, stocking and cleaning up." ''The New York Times'', November 17, 2004. In April 2005, the U.S. District Court approved a settlement, valued at approximately $50 million, which requires the retail clothing giant Abercrombie & Fitch to provide monetary benefits to the class of Latino, African American, Asian American and female applicants and employees who charged the company with discrimination."Abercrombie settles 3 bias suits: Retailer to pay $40 million; judge has to rule on plan," ''San Francisco Chronicle'', November 17, 2004. The settlement, rendered as a Consent Decree, also requires the company to institute a range of policies and programs to promote diversity among its workforce and to prevent discrimination based on race or gender. Implementation of the Consent Decree continued into 2011. Abercrombie did not admit liability.
* ''Castle Rock v. Gonzales'', Case citation, 545 U.S. 748 (2005), was a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under Civil Rights Act of 1871, 42 U.S.C. §1983 for failing to enforce a restraining order, which had led to the murder of a woman's three children by her estranged husband.
* New York City: New York City Council passed a law in 2005 requiring all new establishments falling under the terms of the legislation to maintain roughly a two-to-one ratio of women's bathroom stalls to men's stalls and urinals. Existing establishments were required to come into compliance when they undergo extensive renovations, while restaurants, schools, hospitals, and municipal buildings were excluded.
* The U.S. Deficit Reduction Act of 2005 (implemented in January 2007) prevented college health centers and many health care providers from participating in the drug pricing discount program, which formerly allowed contraceptives to be sold to students and women of low income in the United States at low cost.
* Tennessee: Until 2005, when it was repealed, the law in Tennessee stated that a person could be guilty of the rape of a spouse at a time they are living together only if that person either "was armed with a weapon or any article used or fashioned in a manner to lead the alleged victim to reasonably believe it to be a weapon" or "caused serious bodily injury to the alleged victim". This meant that, in practice, most cases of marital rape could not be prosecuted, since few rapes involve such extreme circumstances. The law was finally repealed in 2005, allowing for marital rape to be treated like any other type of rape.
* South Dakota: South Dakota's legislature passed five laws curtailing the legality of abortion in 2005.
; 2006
* ''Jespersen v. Harrah's Operating Co.'', No. 03-15045 (9th Cir. Apr. 14, 2006, en banc) was a United States federal employment law
sex discrimination
Sexism is prejudice or discrimination based on one's sex or gender. Sexism can affect anyone, but it primarily affects women and girls.There is a clear and broad consensus among academic scholars in multiple fields that sexism refers primaril ...
case.
: Darlene Jespersen was a 20-year employee at Harrah's Casino in Reno, Nevada. In 2000, Harrah's advanced a "Personal Best" policy, which created strict standards for employee appearance and grooming, which included a requirement that women wear substantial amounts of makeup. Jespersen was fired for non-compliance with its policy. Jespersen argued the makeup requirement was contrary to her self-image, and that the requirement violated Title VII, Title VII of the Civil Rights Act of 1964.
: In 2001, Jespersen filed a lawsuit in United States District Court for the District of Nevada, which found against her claim. The district court opined that the policy imposed "equal burdens" on both sexes and that the policy did not discriminate based on Suspect classification#Criteria, immutable characteristics of her sex. The 9th Circuit Court of Appeals affirmed the decision, but on rehearing
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
, reversed part of its decision. The full panel concluded, in contrast to the previous rulings, that such grooming requirements could be challenged as sex stereotyping in some cases, even in view of the decision in ''Price Waterhouse v. Hopkins''. However, the panel found that Jespersen had not provided evidence that the policy had been motivated by stereotyping, and affirmed the district court's finding for Harrah's.
* Khalid Adem, an Ethiopian American, was both the first person prosecuted and first person convicted for female genital mutilation (FGM) in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, stemming from charges that he had personally excised his 2-year-old daughter's clitoris with a pair of scissors.Brock, J. (2006) "Adem gets 10 years in prison for mutilation" ''Gwinnett Daily Post''. Retrieved November 4, 2006.
* On November 24, 2006, the Title IX regulations were amended to provide greater flexibility in the operation of single-sex classes or extracurricular activities at the primary or secondary school level.
* ''Ayotte v. Planned Parenthood of Northern New England'', Case citation, 546 U.S. 320 (2006), was a decision by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
involving a facial challenge to New Hampshire's parental notification
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
law. The United States Court of Appeals for the First Circuit, First Circuit had ruled that the law was unconstitutional and an injunction against its enforcement was proper. The Supreme Court vacated this judgment and remanded the case, but avoided a substantive ruling on the challenged law or a reconsideration of prior Supreme Court abortion precedent. Instead, the Court only addressed the issue of remedy, holding that invalidating a statute in its entirety "is not always necessary or justified, for lower courts may be able to render narrower declaratory and injunctive relief."
* Governor Kathleen Blanco of Louisiana signed into law a ban on most forms of abortion (unless the life of the mother was in danger or her health would be permanently damaged) once it passed the state legislature. The bill would only go into effect if the United States Supreme Court reversed ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''. Louisiana's measure would allow the prosecution of any person who performed or aided in an abortion. The penalties include up to 10 years in prison and a maximum fine of $100,000.
* In ''Burlington Northern & Santa Fe Railway Co. v. White'', the standard for retaliation against a sexual harassment complainant was revised to include any adverse employment decision or treatment that would be likely to dissuade a "reasonable worker" from making or supporting a charge of discrimination.
* Michigan: The Michigan Civil Rights Initiative (MCRI), or Proposal 2 (Michigan 06-2), was a ballot initiative that passed into Michigan Constitutional law. MCRI was a citizen initiative aimed at stopping discrimination based on race, color, sex, or religion in admission to colleges, jobs, and other publicly funded institutions – effectively prohibiting affirmative action by public institutions based on those factors. Its constitutionality was challenged in federal court, but its constitutionality was ultimately upheld by the Supreme Court of the United States.
; 2007
* New Hampshire: In June 2003, the New Hampshire Parental Notification Prior to Abortion Act, "an act requiring parental notification before abortions may be performed on unemancipated minors," was narrowly passed by the New Hampshire General Court. This law was repealed in 2007, making rehearing at the district court level moot.
* Massachusetts: In 2007, the Massachusetts legislature passed a law that established a 35-foot buffer zone around abortion clinics. However, this law was struck down in 2014.
* ''Gonzales v. Carhart'', Case citation, 550 U.S. 124 (2007), is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that upheld the Partial-Birth Abortion Ban Act of 2003.
* ''Ledbetter v. Goodyear Tire & Rubber Co.'', , is an employment discrimination decision of the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, stating that employers cannot be sued under Title VII of the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
over race or gender pay discrimination if the claims are based on decisions made by the employer 180 days ago or more. Samuel Alito, Justice Alito held for the five-justice majority that each paycheck received did not constitute a discrete discriminatory act, even if affected by a prior decision outside the time limit. Ledbetter's claim of the "paycheck accrual rule" was rejected. The decision did not prevent plaintiffs from suing under other laws, like the Equal Pay Act, which has a three-year deadline for most sex discrimination claims, or 42 U.S.C. 1981, which has a four-year deadline for suing over race discrimination.
* California: In 2007, Michael Buday and Diana Bijon enlisted the American Civil Liberties Union and filed a discrimination lawsuit against the state of
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
. According to the ACLU, the obstacles facing a husband who wishes to adopt his wife's last name violated the equal protection clause provided by the 14th Amendment of the Constitution. At the time of the lawsuit, only the states of Georgia (U.S. state), Georgia, Hawaii,
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
,
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
, New York (state), New York and North Dakota explicitly allowed a man to change his name through marriage with the same ease as a woman. As a result of the lawsuit, the Name Equality Act of 2007 was passed to allow either spouse to change their name, using their marriage license as the means of the change; the law took effect in 2009.
; 2008:
* Nebraska: (1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.[....] (3) Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting. – Nebraska Constitution, Article I, §30 (2008).
* ''Maouloud Baby v. State of Maryland'' (aka ''Maryland v. Baby'') is a Maryland state court case relating to the ability to withdraw sexual Consent (criminal law), consent. The jury in the trial court convicted Baby of first degree rape and related charges, but the Court of Special Appeals, based upon a 1980 Stare decisis, precedent that held that a rape could not legally occur if a woman withdrew consent after penetration, reversed the conviction. That precedent interpreted the English
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
such that the withdrawal of consent following initial Sexual penetration, penetration did not make the act a rape. The court noted other states had noted that the act of intercourse is not completed at the initial penetration, and so consent could be withdrawn at any point during intercourse. For rape, the court noted that force or threat of force was a necessary Element (criminal law), element of the crime. Due to issues involving the Jury instructions, instructions to the jury regarding rape and consent, the case was Remand (court procedure), remanded for a new trial. In 2008, the Court of Appeals affirmed the Court of Special Appeals' reversal of the convictions and remand for re-trial, due to the trial court's error in failing to answer the jury's questions about whether a sex act continued after the withdrawal of consent could constitute rape if penetration had already occurred. However, the court ruled that consent could be withdrawn at any time, even if the victim had initially consented.
* In 2008 the Federal Bureau of Prisons mandated that in all federal correctional facilities, "inmates in labor, delivery, or post-delivery recuperations shall not be placed in restraints unless there are reasonable grounds to believe the inmate presents an immediate serious threat of hurting herself or others, or there are reasonable grounds to believe the inmate presents an immediate and credible risk of escape."
* In April 2008, President George W. Bush signed the Second Chance Act (2007), Second Chance Act into law, requiring all federal facilities to document and report "the use of physical restraints on pregnant female prisoners during pregnancy, labor, delivery, and post-delivery and justify the use of restraints with documented security concerns".
; 2009
* The Lilly Ledbetter Fair Pay Act of 2009 (, ) is a U.S. federal law, federal statute in the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
that was the first bill signed into law by President of the United States, President Barack Obama on January 29, 2009. The Act amends the
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
. The act states that the 180-day statute of limitations for filing an equal-pay lawsuit regarding pay discrimination resets with each new paycheck affected by that discriminatory action. The law directly addressed ''Ledbetter v. Goodyear Tire & Rubber Co.'', , a
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
decision that the statute of limitations for presenting an equal-pay lawsuit begins on the date that the employer makes the initial discriminatory wage decision, not at the date of the most recent paycheck.
* The "Mexico City Policy" was rescinded January 23, 2009, three days after President Barack Obama took office.
* ''Crawford v. Metropolitan Government of Nashville'', , is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court unanimously ruled that 1964 Civil Rights Act#Title VII, Title VII of the 1964 Civil Rights Act protects an employee who opposes unlawful sexual harassment, but does not report the harassment him or herself.
* The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, also known as the Matthew Shepard Act, is an American
Act of Congress
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law) ...
, passed on October 22, 2009, and signed into law by President of the United States, President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard and Murder of James Byrd Jr., James Byrd Jr., the measure expands the Hate crimes in the United States, 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.
: The bill also:
:* Removes the prerequisite that the victim be engaging in a federally protected activity, like voting or going to school;
:* Gives federal authorities greater ability to engage in hate crimes investigations that local authorities choose not to pursue;
:* Provided $5 million per year in funding for fiscal years 2010 through 2012 to help state and local agencies pay for investigating and prosecuting hate crimes;
:* Requires the Federal Bureau of Investigation (FBI) to track statistics on hate crimes based on gender and gender identity (statistics for the other groups were already tracked).
* Section 3A1.1 of the 2009 United States Sentencing Guidelines states that: "If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person," the sentencing court is required to increase the standard sentencing range.
; 2010
* Nebraska: In 2010, Nebraska became the first state to use the disputed notion of fetal pain as a rationale to ban abortion after 20 weeks.
* United States, jurisdiction of the United States Court of Appeals for the Eleventh Circuit: In ''Reeves v. C.H. Robinson Worldwide, Inc.'' the United States Court of Appeals for the Eleventh Circuit ruled that a hostile work environment can be created in a workplace where sexually explicit language and pornography are present. A hostile workplace may exist even if it is not targeted at any particular employee.
* Section 4207 of the Patient Protection and Affordable Care Act amended the
Fair Labor Standards Act
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppres ...
and required employers to provide a reasonable break time for an employee to breastfeed her child if it is less than one year old.Patient Protection and Affordable Care Act ''Government Printing Office''. Page 459. The employee must be allowed to breastfeed in a private place, other than a bathroom. The employer is not required to pay the employee during the break time. Employers with fewer than 50 employees are not required to comply with the law if doing so would impose an undue hardship to the employer based on its size, finances, nature, or structure of its business.
* Sex discrimination was outlawed in health insurance.
* Executive Order 13535 is an Executive order (United States), executive order announced by President Barack Obama on March 21, 2010, and signed on March 24. It reinforces a commitment to preservation of the
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of federal funds to pay for abortion, except to save the life of the woman, or if the pregnancy arises from incest or rape. Before the Hyde Amendment took effect i ...
's policy restricting federal funds for abortion within the context of recent health care legislation. The order was signed after an agreement with anti-abortion Democratic Party (United States), Democratic Congressman Bart Stupak, who had said he and several other anti-abortion Democrats in the United States House of Representatives, House of Representatives would not support the Patient Protection and Affordable Care Act unless the Bill's language prohibiting federal funding of abortions was strengthened.
* In ''United States v. Jardee'' it was ruled that the threat of being subjected to the Domestic Violence Offender Gun Ban did not turn an otherwise "petty" crime into a "serious" one requiring a jury trial.
* Oklahoma: Sex-selective abortions were banned in Oklahoma.
; 2011
* ''Wal-Mart v. Dukes'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case. The case was an appeal from the Ninth Circuit's decision in ''Dukes v. Wal-Mart Stores, Inc.'' in which the Supreme Court, by a 5–4 decision, reversed the district court's decision to certify a
class action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
lawsuit in which the plaintiff class included 1.6 million women who currently work or have worked for Wal-Mart stores, including the lead plaintiff, Betty Dukes. Dukes, a current Wal-Mart employee, and others alleged gender discrimination in pay and promotion policies and practices in Wal-Mart stores. The Court agreed to hear argument on whether Federal Rule of Civil Procedure, Rule 23(b)(2), which provides for class-actions if the defendant's actions make injunction, injunctive relief appropriate, can be used to file a class action that demands damages, monetary damages. The Court also asked the parties to argue whether the class meets the Class action#U.S. federal class actions, traditional requirements of numerosity, commonality, typicality, and adequacy of representation. The Supreme Court ruled unanimously that the class should not be certified in its current form but was only 5-4 on the reason for that and whether the class could continue in a different form.
* New Hampshire: A New Hampshire parental notification law about abortion was passed again in 2011 after the Republican-controlled House and Senate overrode Democratic governor John Lynch (New Hampshire governor), John Lynch's veto.
; 2012
* Oklahoma: A fetal heartbeat bill (SB 1274) was signed into law by then-Oklahoma governor Mary Fallin in 2012 that required an abortion provider to offer a woman the opportunity to hear the conceptus's heartbeat before ending the pregnancy, and applied when the conceptus was at least eight weeks old. The bill took effect later in 2012.
* New Hampshire: New Hampshire passed a law in 2012 which required minors to wait 48 hours after requesting an abortion but no longer required parental consent.
* Mississippi: In 2012, the Mississippi State Legislature passed a law that required abortion clinics to have doctors on staff with hospital admitting privileges.
* Arizona: Arizona Governor Jan Brewer signed into law in April 2012 abortion restrictions that prohibited the procedure after 20 weeks. The U.S. Ninth Circuit Court of Appeals overturned this law in January 2015, but it remains on the books.
* South Dakota: In ''Planned Parenthood v. Rounds'' (2012), the
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts:
* Eastern District of Arkansas
* Western Dis ...
ruled that a South Dakota law requiring doctors to give patients information about the potential suicide risk in women who have abortions was not unconstitutional.
* A provision of the Provisions of the Patient Protection and Affordable Care Act, effective August 1, 2012, states that all new health insurance plans must cover certain preventive services such as mammograms and colonoscopies without charging a deductible, co-pay or coinsurance. Women's Preventive Services – including: well-woman visits; gestational diabetes screening; human papillomavirus (HPV) DNA testing for women age 30 and older; sexually transmitted infection counseling; human immunodeficiency virus (HIV) screening and counseling; FDA-approved contraceptive methods and contraceptive counseling; breastfeeding support, supplies and counseling; and domestic violence screening and counseling – will be covered without cost sharing. The requirement to cover FDA-approved contraceptive methods is also known as the Contraceptive mandate (United States), contraceptive mandate.
* In ''Coleman v. Maryland Court of Appeals'', the Supreme Court ruled that the Family Medical Leave Act's self-care leave provision is not enforceable against states; the court did not agree that the provision addresses sex discrimination and sex stereotyping.
; 2013
* Ohio: Ohio passed a Targeted Regulation of Abortion Providers (TRAP) bill containing provisions related to admitting privileges and licensing and requiring clinics to have a transfer agreement with a hospital.
* Ohio: A law was signed in Ohio in 2013 by Governor John Kasich, which mandates, among other things, that doctors who do not test for a fetal heartbeat when a patient seeks an abortion, tell the patient in writing if there is a heartbeat, and then tell them the statistical likelihood that the fetus could be carried to term, are subject to criminal penalties; specifically, "The doctor's failure to do so would be a first-degree misdemeanor, carrying up to six months in jail, for the first violation and a fourth-degree felony, carrying up to 18 months in jail, for subsequent violations."
* Arkansas: A bill banning abortion after twelve weeks was passed on January 31, 2013, by the Arkansas Senate, but vetoed in Arkansas by Governor Mike Beebe, but, on March 6, 2013, his veto was overridden by the Arkansas House of Representatives. A federal judge issued a temporary injunction against the Arkansas law in May 2013, and in March 2014, it was struck down by federal judge Susan Webber Wright, who described the law as unconstitutional.
* The ''Transport for Female Genital Mutilation Act'', which prohibits knowingly transporting a girl out of the United States for the purpose of undergoing FGM, was enacted.
* On March 7, 2013, President Barack Obama signed the Violence Against Women Reauthorization Act of 2013. The renewed act expanded federal protections to gays, lesbians and transgender individuals, Native Americans and immigrants.
* ''University of Texas Southwestern Medical Center v. Nassar'', 570 U.S. ___ (2013), was a
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case involving the standard of proof required for a retaliation claim under
Title VII
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
. The Court held that while Title VII applies a mixed motive discrimination framework to claims of discrimination on the basis of race, color, religion, sex, or national origin (see ), that framework did not apply to claims of retaliation under . The Court reasoned that based on its decision in ''Gross v. FBL Financial Services, Inc.'' and on common law principles of tort law, the plaintiff was required to show that a retaliatory motive was the "but for" cause of the adverse employment action.
* ''Vance v. Ball State University'' is a
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case regarding who is a "supervisor" for the purposes of harassment lawsuits. The Supreme Court upheld the United States Court of Appeals for the Seventh Circuit, Seventh Circuit's decision in a 5–4 opinion written by Samuel Alito, rejecting the
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination ...
's interpretation of who counts as a supervisor. The case was important because it resolved a dispute between several different circuits. The Supreme Court held that an employee is a "supervisor" for purposes of vicarious liability under Title VII only if he or she is empowered by the employer to take tangible employment actions against the victim.
* Florida: A Florida man successfully forced the Florida Department of Motor Vehicles to accept his decision to take his wife's last name.
* Kansas: Kansas lawmakers approved sweeping anti-abortion legislation HB 2253 on April 6, 2013 that says life begins at fertilization, forbids abortion based on gender and bans Planned Parenthood from providing sex education in schools.
* Washington: Until 2013, Washington had an exemption preventing a spouse from being prosecuted with third-degree-rape against the other spouse.
; 2014
* Arkansas: A bill banning abortion after twelve weeks was passed on January 31, 2013, by the Arkansas Senate, but vetoed in Arkansas by Governor Mike Beebe, but, on March 6, 2013, his veto was overridden by the Arkansas House of Representatives. A federal judge issued a temporary injunction against the Arkansas law in May 2013, and in March 2014, it was struck down by federal judge Susan Webber Wright, who described the law as unconstitutional.
* The Board of Immigration Appeals, America's highest immigration court, found for the first time that women who were victims of severe domestic violence in their home countries could be eligible for asylum in the United States, asylum in the United States. However, this ruling was in the case of a woman from Guatemala and thus applies only to women from Guatemala.
* New amendments were made to the Clery Act to require reporting on domestic violence, dating violence and stalking.
* ''Burwell v. Hobby Lobby'', , was a
landmark decision
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly u ...
by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
allowing closely held corporation#Closely held corporations and publicly traded corporations, closely held for-profit corporations to be exempt from a law its owners religiously object to if there is a less restrictive means of furthering the law's interest. It is the first time that the court has recognized a for-profit corporation's claim of religious belief, but it is limited to ''closely held'' corporations. The decision is an interpretation of the Religious Freedom Restoration Act (RFRA) and does not address whether such corporations are protected by the free exercise clause, free-exercise of religion clause of the First Amendment of the Constitution.
: For such companies, the Court's majority directly struck down the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) requiring employers to cover certain contraceptives for their female employees, by a 5–4 vote. The court said that the mandate was not the least restrictive way to ensure access to contraceptive care, noting that a less restrictive alternative was being provided for religious non-profits, until the Court issued an injunction 3 days later, effectively ending said alternative, replacing it with a government-sponsored alternative for any female employees of closely held corporations that do not wish to provide birth control.
* ''United States v. Castleman'' (2014) challenged the application of the Domestic Violence Offender Gun Ban to misdemeanor convictions which did not involve "the use or attempted use of physical force". In a 9–0 decision, the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that Castleman's conviction of "misdemeanor domestic assault" did qualify as a "misdemeanor crime of domestic violence" under Tennessee state law. Specifically they held that the ""physical force" requirement is satisfied by the degree of force that supports a common-law battery conviction – namely, offensive touching" – thereby preventing him from possession of firearms.''United States v. Castleman'' (2014) March 26, 2014.
* ''McCullen v. Coakley'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case. The Court unanimously held that
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
' 35-feet fixed
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
abortion buffer zones, buffer zones, established via amendments to that state's Reproductive Health Care Facilities Act, violated the First Amendment to the United States Constitution, First Amendment to the U.S. Constitution because it limited free speech too broadly.
* Oregon: Equality of rights under the law shall not be denied or abridged by the state of Oregon or by any political subdivision in this state on account of sex. – Oregon Constitution, Article I, §46.
* Louisiana: In 2014, Louisiana passed a law that appeared to require it to maintain a database of women who had abortions in the state and the type of abortion the woman had.
* Louisiana: Act 620, passed in 2014 in Louisiana, modeled after one passed earlier in Texas, required that any doctor performing abortions also have admittance privileges at an authorized hospital within a 30-mile radius of the abortion clinic, among other new requirements. At the time the law was passed, only one doctor had these privileges, effectively leaving only one legal abortion clinic in the state.
; 2015
* Arizona: Arizona Governor Jan Brewer signed into law in April 2012 abortion restrictions that prohibited the procedure after 20 weeks. The U.S. Ninth Circuit Court of Appeals overturned this law in January 2015, but it remains on the books.
* Tennessee: Tennessee established a required 48 hour waiting period before obtaining an abortion.
* Kansas: Kansas became the first state in the United States to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. But the new law was later struck down by the Kansas Court of Appeals in January 2016 without ever having gone into effect.
* The Obama administration issued a new rule stating that a closely held for-profit company that objects to covering contraception in its health plan can write a letter to the Department of Health and Human Services stating its objection, and that the Department will then notify a third-party insurer of the company's objection, and the insurer will provide birth control coverage to the company's female employees at no additional cost to the company.
* A policy update in 2015 required all Indian Health Services-run pharmacies, clinics, and emergency departments to have Plan B One-Step in stock, to distribute it to any woman (or her representative) who asked for it without a prescription, age verification, registration or any other requirement, to provide orientation training to all staff regarding the medication, to provide unbiased and medically accurate information about emergency contraception, and to make someone available at all times to distribute the pill in case the primary staffer objected to providing it on religious or moral grounds.
* ''Pao v. Kleiner Perkins, Ellen Pao v. Kleiner Perkins Caufield & Byers LLC and DOES 1–20'' was a lawsuit filed in 2012 in San Francisco County Superior Court under the law of California by executive Ellen Pao for gender discrimination against her employer, Kleiner Perkins Caufield & Byers. Overlapping with a number of condemning studies on the representation of women in venture capital, the case was followed closely by reporters, advocacy groups and Silicon Valley executives. Given the tendency for similar cases to reach settlements out of court, coverage of ''Pao v. Kleiner Perkins'' described it as a landmark trial once it began in February 2015. On March 27, 2015 the jury found in favor of Kleiner Perkins on all counts.
* In the U.S. Supreme Court case ''Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.'', , the Court held that Congress specifically intended to include disparate impact claims in the
Fair Housing Act
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
, but that such claims require a plaintiff to prove it is the defendant's policies that cause a disparity. The
Fair Housing Act
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
prohibits discrimination based on sex.
* ''Young v. United Parcel Service'', , is a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case that the Court evaluated the requirements for bringing a disparate treatment claim under the
Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) of 1978 () is a United States federal statute. It amended Title VII of the Civil Rights Act of 1964 to "prohibit sex discrimination on the basis of pregnancy."
The Act covers discrimination "on the basis of ...
. In a 6–3 decision, the Court held that to bring such a claim, a pregnant employee must show that their employer refused to provide accommodations and that the employer later provided accommodations to other employees with similar restrictions.
* California: Based on a report prepared by NARAL Pro-Choice America, which alleged that Crisis pregnancy center, Crisis Pregnancy Centers (CPCs) were providing misleading and inaccurate information, the California Legislature passed the Reproductive FACT (Freedom, Accountability, Comprehensive Care, and Transparency) Act (AB-755) in October 2015. It required any licensed healthcare facility that provided care services related to pregnancies to post a notice that stated "California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women." The law set provisions where this notice was to be posted and established civil fines if facilities did not comply. The act required unlicensed facilities which offered certain pregnancy-related services to post a notice stating: "This facility is not licensed as a medical facility by the State of California and has no licensed medical provider who provides or directly supervises the provision of all of the services, whose primary purpose is providing pregnancy-related services." However, the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
found that the law violated the First Amendment in 2018 in ''National Institute of Family and Life Advocates v. Becerra''.
; 2016
* New York: The FACT Act of New York state made patients aware of state-sponsored services that are available at crisis pregnancy centers, rather than what crisis pregnancy centers did or did not offer. The law went into effect January 1, 2016.
* ''Zubik v. Burwell'' was a case before the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the US Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations.Justices Seem Split in Case on Birth Control Mandate Adam Liptak, New York Times, March 23, 2016 On May 16, 2016, the U.S. Supreme Court issued a per curiam ruling in ''Zubik v. Burwell'' that vacated the decisions of the Circuit Courts of Appeals and remanded the case "to the respective United States Courts of Appeals for the Third, Fifth, Tenth, and D.C. Circuits" for reconsideration in light of the "positions asserted by the parties in their supplemental briefs". Because the Petitioners agreed that "their religious exercise is not infringed where they 'need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception'", the Court held that the parties should be given an opportunity to clarify and refine how this approach would work in practice and to "resolve any outstanding issues". The Supreme Court expressed "no view on the merits of the cases." In a concurring opinion, Justice Sotomeyer, joined by Justice Ginsburg noted that in earlier cases "some lower courts have ignored those instructions" and cautioned lower courts not to read any signals in the Supreme Court's actions in this case.
* ''Voisine v. United States'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case in which the Court held that Recklessness (law), reckless misdemeanor domestic violence convictions trigger gun control prohibitions on gun ownership.
* ''Whole Woman's Health v. Hellerstedt'', , was a
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
case decided on June 27, 2016, when the Court ruled 5–3 that Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion. It has been called the most significant abortion rights case before the Supreme Court since ''Planned Parenthood v. Casey'' in 1992.
* The Sexual Assault Survivors’ Rights Act, Survivors' Bill of Rights Act of 2016 was passed by the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
in September 2016 and signed into law by US President Barack Obama on October 7, 2016. The law overhauls the way that rape kits are processed within the United States and creates a bill of rights for victims. Through the law, survivors of sexual assault are given the right to have a rape kit preserved for the length of the case's statute of limitations, to be notified of an evidence kit's destruction, and to be informed about results of forensic exams.
* The Obama administration issued guidance that informed states that ending Medicaid funding for Planned Parenthood or other health-care providers that performed abortions might be against federal law. The Obama administration contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services. However, the Trump administration repealed this guidance in 2018.
* Alabama: A 2016 Alabama law banned dilation & evacuation (D&E)—the most common abortion procedure used in the second trimester. In August 2018, the Eleventh Circuit ruled the D&E legislation to be unconstitutional, blocking it from being enforced.
* South Carolina: South Carolina Governor Nikki Haley signed legislation that brought into effect a 20-week abortion ban in 2016.
;2017
* Wyoming: A law passed by the Wyoming state legislature went into effect that prohibited the sale of fetal tissue.
* Wyoming: A law went into effect in Wyoming that required abortion service providers to give women seeking abortions an ultrasound, but it had no enforcement component.
* Illinois: In 2017, the 100th Illinois General Assembly repealed the trigger law component of the Illinois Abortion Law of 1975, but left many of its other provisions intact. In the same act, the General Assembly provided for abortion to be covered under
Medicaid
Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources. Medicaid also offers benefits not normally covered by Medicare, including nursing home care and pers ...
and state employee health insurance. The bill was signed into law by pro-choice Republican governor Bruce Rauner.
* The "Mexico City Policy" was reinstated by President Trump. Trump not only reinstated the policy but expanded it, making it cover all global health organizations that receive U.S. government funding, rather than only family planning organizations that do, as was previously the case.
* A new law ended former President Obama's executive order, which would have mandated companies trying to get contracts with the federal government to show compliance with federal anti-discrimination laws. That executive order had been enjoined by a federal judge in October 2016.
* In 2017 a rule about abortions was overturned by new legislation. Late in 2016, the Obama administration issued the rule, effective in January 2017, banning U.S. states from withholding federal family-planning funds from health clinics that give abortions, including Planned Parenthood affiliates; this rule mandates that local and state governments give federal funds for services related to sexually transmitted infections, pregnancy care, fertility, contraception, and breast and cervical cancer screening to qualified health providers whether or not they give abortions. However, this rule was blocked by a federal judge the day before it would have taken effect.
* The 9th U.S. Circuit Court of Appeals ruled that employers could pay women less than men for the same work if they based that on differences in the workers' previous salaries.
* The Trump administration issued a ruling letting insurers and employers refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions".
* Federal judge Wendy Beetlestone issued an injunction temporarily stopping the enforcement of the Trump administration ruling letting insurers and employers refuse to provide birth control if doing so went against their "religious beliefs" or "moral convictions".
* Delaware: The state legislature updated Delaware's legal code in 2017 around abortion. It now read, "the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly."
* Oregon: The Reproductive Health Equity Act was passed in 2017, which required health insurance in Oregon to offer abortion coverage and to absorb most of the costs for the procedure, instead of passing them along to women.
;2018
* The Trump administration repealed guidance issued in 2016 by the Obama administration, which had informed states that ending Medicaid funding for Planned Parenthood or other health-care providers that performed abortions might be against federal law. The Obama administration had contended that Medicaid law permitted states to ban providers from the program only if the providers could not perform covered services or bill for those services.
* ''National Institute of Family and Life Advocates v. Becerra'' was a case before the Supreme Court of the United States addressing the constitutionality of California's FACT Act, which mandated that crisis pregnancy centers provide certain disclosures about state services. The centers, typically run by Christian non-profit groups, challenged the act on the basis that it violated their free speech. After prior reviews in lower courts, the case was brought to the Supreme Court, asking "Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the free speech clause of the First Amendment, applicable to the states through the 14th Amendment." The Court ruled on June 26, 2018 in a 5–4 decision that the notices required by the FACT Act violate the First Amendment by targeting speakers rather than speech.
* California: A law was signed making California the first state in America to require women to be included on companies’ boards of directors. The law requires all publicly traded California companies to have at least one woman on their boards by the end of 2019, and in 2021 requires five-member boards to have two female members, and boards with six or more members to have three.
* The ''Stop Enabling Sex Traffickers Act'' (SESTA) and ''Allow States and Victims to Fight Online Sex Trafficking Act'' (FOSTA) are the U.S. Senate and House Bill (law), bills that as the FOSTA-SESTA package became law on April 11, 2018. They clarify the country's sex trafficking in the United States, sex trafficking law to make it illegal to knowingly assist, facilitate, or support sex trafficking, and amend the Section 230 of the Communications Decency Act, Section 230 safe harbors of the Communications Decency Act (which make online services immune from civil liability for the actions of their users) to exclude enforcement of federal or state sex trafficking laws from its immunity.
* On November 20, 2018, U.S. District Judge Bernard A. Friedman ruled that the federal Female Genital Mutilation Act of 1996 was unconstitutional. The defendants in this case which led to this ruling had argued successfully that the practice does not pertain to the Commerce Clause under which the federal law was passed.
* The FIRST STEP Act became law, and it requires the Federal Bureau of Prisons to make feminine hygiene products "available to prisoners for free, in a quantity that is appropriate to the healthcare needs of each prisoner." It also prohibits the use of restraints on pregnant women, unless the woman "is an immediate and credible flight risk that cannot reasonably be prevented by other means" or "poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means" or "a healthcare professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner." For those situations in which restraints are allowed, the legislation mandates the use of the least restrictive restraints necessary. However, it only applies to federal prisons.
* Indiana: The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens. – Indiana Constitution, Article 1, §23 (2018).
* Mississippi: District Judge Carlton Reeves blocked a Mississippi law banning abortion at 15 weeks from taking effect.
* The Violence Against Women Act expired on December 21, 2018.
* District of Columbia: In April and June 2018, Ketanji Brown Jackson of the United States District Court for the District of Columbia presided over two cases challenging the United States Department of Health and Human Services, Department of Health and Human Services' decision to terminate grants for teen pregnancy prevention programs two years early. Jackson ruled that the decision to terminate the grants early, without any explanation for doing so, was arbitrary and capricious.
* Alabama: A 2016 Alabama law banned dilation & evacuation (D&E)—the most common abortion procedure used in the second trimester. In August 2018, the Eleventh Circuit ruled the D&E legislation to be unconstitutional, blocking it from being enforced.
* Arizona: In 2018, the Arizona state legislature passed a law that required the Arizona Health Department to apply for
Title X
The Title X Family Planning Program is the only federal grant program dedicated to providing individuals with comprehensive family planning and related preventive health services. It was enacted under President Richard Nixon in 1970 as part of th ...
funds as part of their attempts to defund Planned Parenthood.
* Iowa: On May 4, 2018, governor Kim Reynolds signed into law a bill that would ban abortion in Iowa after a fetal heartbeat is detected, starting July 1, 2018. On January 22, 2019, a county district judge declared the law to be in violation of State constitution (United States), Iowa's State Constitution and entered a Injunction#Permanent injunctions, permanent injunction prohibiting its enforcement.
;2019
* Arizona: On January 1, 2019, a new law came into force in Arizona that required women to provide detailed medical information that was to be submitted to the state before they were allowed to have an abortion. Among the information the new law required abortion providers to collect was whether the abortion was elective or therapeutic, the number of abortions they have had in the past and information on any medical complications they have as a result of the abortion. This information is then collected by Department of Health Services who provide the state with an annual report on abortions in the state, along with information on the how abortions are paid for in the state.
* Iowa: On May 4, 2018, governor Kim Reynolds signed into law a bill that would ban abortion in Iowa after a fetal heartbeat is detected, starting July 1, 2018. On January 22, 2019, a county district judge declared the law to be in violation of State constitution (United States), Iowa's State Constitution and entered a Injunction#Permanent injunctions, permanent injunction prohibiting its enforcement.
* ''National Coalition for Men v. Selective Service System'' was a court case decided on February 22, 2019 that declared that the exclusion of female conscription from the Conscription in the United States, male-only draft in the United States was unconstitutional. The case did not specify any action that the government must take.
* Minnesota: Until July 2019, in Minnesota sexual violence occurring between spouses at the time they cohabit or between unmarried partners could be prosecuted only if there was force or threat of thereof, due to exemptions created by Article 609.349 'Voluntary relationships' which stipulated that certain sexual offenses do not apply to spouses (unless they are separated), and neither do they apply to unmarried cohabitants. These are offenses that deal with situations where the lack of consent is due to the incapacity of consent of the victim, including where the victim was drugged by the perpetrator. These situations, which were excluded from prosecution, are where the victim was "mentally impaired, mentally incapacitated, or physically helpless". The term "mentally incapacitated" is defined as a person who "under the influence of alcohol, a narcotic, anesthetic, or any other substance, ''administered to that person without the person's agreement'', lacks the judgment to give a reasoned consent to sexual contact or sexual penetration". (see Article 609.341 for definitions). In 2019, these exemptions were repealed.
* Nevada: The ''Trust Nevada Women Act,'' SB 179, was signed into law by Democratic Governor Steve Sisolak. The new law made several changes to existing abortion laws in the state of Nevada, including decriminalizing the performing of abortion procedures, and removing informed consent laws that said doctors needed to tell women of the "emotional implications" in having an abortion and what women should do after the procedure to avoid Post-operation, post-op complications; the latter was changed to require doctors to "describe the nature and consequences of the procedure" of abortion to women getting abortions. The law also meant doctors no longer had to collect data about women getting abortions related to their marital status and age.
* ''Box v. Planned Parenthood of Indiana and Kentucky, Inc.'' (Docket 18-483) was a United States Supreme Court case dealing with the constitutionality of a 2016 anti-abortion law passed in the state of Indiana. Indiana's law sought to ban abortions performed solely on the basis of the fetus' gender, race, ethnicity, or disabilities. Lower courts had blocked enforcement of the law for violating a woman's right to abortion under privacy concerns within the Fourteenth Amendment, as previously found in the landmark cases ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' and ''Planned Parenthood v. Casey''. The lower courts also blocked enforcement of another portion of the law that required the disposal of aborted fetuses through burial or cremation. The ''per curiam'' decision by the Supreme Court overturned the injunction on the fetal disposal portion of the law, but otherwise did not challenge or confirm the lower courts' ruling on the non-discrimination clauses, leaving these in place.
* In June 2019, the Trump administration was allowed by a federal court of appeals to implement, while legal appeals continue, a policy restricting taxpayer dollars given to family planning facilities through Title X. This policy requires that companies receiving Title X funding must not mention abortion to patients, provide abortion referrals, or share space with abortion providers.
* Jurisdiction of the 10th Circuit: A federal lawsuit in the 10th Circuit regarding Fort Collins's ordinance against female toplessness was won at the appellate level. In September 2019, after spending over $300,000, Fort Collins decided to stop defending their ordinance against female toplessness and repeal it. That effectively gave females of all ages the right to go topless wherever males can in the jurisdiction of the 10th Circuit (Wyoming, Utah, Colorado, New Mexico, Kansas and Oklahoma states as well as all counties and cities therein).
* Delaware: Equality of rights under the law shall not be denied or abridged on account of sex. – Delaware Constitution, Article I, §21 (2019)
* A federal judge declared unconstitutional the Trump administration’s "conscience rule" that would have allowed providers of health care to refuse to participate in sterilizations, abortions, or other types of care they disagreed with on moral or religious grounds.
* Mississippi: The 5th U.S. Circuit Court of Appeals declared that Mississippi’s ban on abortion at 15 weeks was unconstitutional; the Court said U.S. District Judge Carlton Reeves ruled correctly when in 2018 he blocked the Mississippi law banning abortion at 15 weeks from taking effect.
* The Violence Against Women Act, which expired on December 21, 2018, was temporarily reinstated via a short-term spending bill on January 25, 2019, but expired again on February 15, 2019.
* California: On May 20, 2019, the California State Senate passe Senate Bill 24 the College Student Right to Access Act. The Act requires public state universities to offer mifepristone, the abortion pill, to female students at zero cost by January 1, 2023; funding for the program will be paid for through insurance and private grants with $200,000 to each University of California and California State University health clinic for training and equipment. University clinics also have to set aside an additional $200,000 each to set up a student hotline to provide information to women seeking advice and assistance. The bill was approved by both the California State Assembly and California State Senate as amended on September 13, 2019, was enacted by Governor Gavin Newsom on October 11, 2019, and went into effect on January 1, 2020.
* Illinois: Illinois passed bills, known as the Illinois Reproductive Health Act, that provided statutory protections for abortions, and rescinded previous legislation that banned some late-term abortions and a 45-year-old law that had made performing such abortions a criminal offense. The Illinois Reproductive Health Act says that women have the "fundamental right" to access abortion services, and that a "fertilized egg, embryo, or fetus does not have independent rights".
* Mississippi: A fetal heartbeat bill was signed into law by List of Governors of Mississippi, Mississippi Governor Phil Bryant.
* Indiana: The Indiana Legislature passed a ban of the most common type of second-trimester abortion procedure in the state in April 2019.
* Kansas: In April 2019, the Kansas Supreme Court ruled that the right to abortion is inherent within Wyandotte Constitution, the state's constitution and bill of rights, such that even if ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' was overturned and the federal protection of abortion rights was withdrawn, the right would still be allowed within Kansas, barring a change in the state constitution.
* Kentucky: Prior to 2019, Kentucky law prohibited abortions after week 22. This changed when the state legislature passed a law that moved the prohibition to week 6 in the early part of the year.
* North Carolina: U.S. District Judge William Lindsay Osteen Jr., William Osteen formally struck down North Carolina's 'life of the mother only' 20-week abortion ban in 2019. His judgement pushed the date of which abortions could be performed to the date of viability, which is later for many women.
* New York: In 2019, New York state passed the Reproductive Health Act (RHA), which repealed a pre-''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life. The law said: "The legislature finds that comprehensive reproductive health care, including contraception and abortion, is a fundamental component of a woman's health, privacy, and equality." The bill also allowed qualified health practitioners to perform abortions, not just licensed medical doctors.
* Rhode Island: The Reproductive Privacy Act banned Rhode Island from restricting “an individual person from preventing, commencing, continuing, or terminating that individual’s pregnancy prior to fetal viability” or after fetal viability “to preserve the health or life” of the pregnant individual. It also forbade state restrictions on contraceptives in Rhode Island, repealed bans on Intact dilation and extraction, partial-birth abortions in Rhode Island, forbade medical professionals from being charged with felony assault for performing abortions in Rhode Island, and repealed requirements for abortion providers to notify a husband before giving his wife an abortion in Rhode Island.
* Ohio: In 2019, Ohio Governor Mike DeWine signed the Human Rights and Heartbeat Protection Act, which bans abortion in the state after an embryonic cardiac activity is detectable. On June 24, 2022, after the Supreme Court of the United States overturned ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'', judge Michael R. Barrett lifted a preliminary injunction that had blocked state officials from enforcing the law against certain abortion providers, allowing the Human Rights and Heartbeat Protection Act to take full effect.
* Utah: In 2019, the Utah legislature passed a bill limiting abortions after 18 weeks of pregnancy.
; 2020
* Virginia: Democratic Virginia Governor Ralph Northam signed bills removing regulations that had required abortion seekers to have an ultrasound at least 24 hours before receiving an abortion and to get counseling on alternatives to abortion, removing the requirement that facilities providing more than five abortions each year be designated as hospitals, and allowing nurse practitioners to perform first trimester abortions.
* 2020 - In March 2020, Oklahoma Governor Kevin Stitt signed an executive order to limit elective medical procedures, later confirming that all types of abortion services were included, except for those necessary in a medical emergency or to "prevent serious health risks" to the pregnant woman. However, on April 6, federal judge Charles Barnes Goodwin blocked the executive order, ruling that the state acted in an arbitrary, unreasonable, and oppressive way, which posed an undue burden on abortion access in Oklahoma.
* Oklahoma: In March 2020, Oklahoma Governor Kevin Stitt signed an executive order to limit elective medical procedures, later confirming that all types of abortion services were included, except for those necessary in a medical emergency or to "prevent serious health risks" to the pregnant woman. However, on April 6, federal judge Charles Barnes Goodwin blocked the executive order, ruling that the state acted in an arbitrary, unreasonable, and oppressive way, which posed an undue burden on abortion access in Oklahoma.
* Idaho: On March 24, 2020, Governor Brad Little of Idaho signed into law S1385, which is a
trigger law
A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs.
United States Abortion
In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, No ...
stating that if and when states are again allowed to ban abortion on their own authority then abortion would be illegal in Idaho except for cases of the life of the mother, rape or incest.
* ''June Medical Services, LLC v. Russo'' (formerly ''June Medical Services, LLC v. Gee'') (591 U.S. ___ (2020)) was a U.S. Supreme Court case which ruled that a Louisiana state law placing hospital-admission requirements on abortion clinics doctors, which had mirrored a Texas state law previously found unconstitutional under ''Whole Woman's Health v. Hellerstedt'' (579 U.S. ___ (2016)) (''WWH''), was also unconstitutional.
* Massachusetts: After the passage of the ROE Act in 2020, which codified abortion rights in the state of Massachusetts, abortions can be performed after 24 weeks in cases of fetal anomalies and risks to a patient's mental or physical health. The ROE Act also lowered the age patients can have abortions without parental consent from 18 to 16.
* Mississippi: A law was enacted in Mississippi banning abortions based on the sex, race, or genetic abnormality of the fetus.
* ''Our Lady of Guadalupe School v. Morrissey-Berru'', 591 U.S. ___ (2020) was a U.S. Supreme Court case involving the ministerial exception of federal employment discrimination laws. (When applied, the exception operates to give religious institutions an affirmative defense when sued for discrimination by employees who qualify as "ministers;" for example, female priests cannot sue the Catholic church to force their hiring.) The case extends from the Supreme Court's prior decision in ''Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission'' which created the ministerial exception based on the Establishment Clause, Establishment and Free Exercise Clauses of the United States Constitution, asserting that federal discrimination laws cannot be applied to leaders of religious organizations. The case, along with the consolidated ''St. James School v. Biel'' (Docket 19-348), both arose from rulings in the United States Court of Appeals for the Ninth Circuit that found that federal discrimination laws do apply to others within a religious organization that serve an important religious function but lack the title or training to be considered a religious leader under ''Hosanna-Tabor''. The religious organization challenged that ruling on the basis of ''Hosanna-Tabor''. The Supreme Court ruled in a 7–2 decision on July 8, 2020 that reversed the Ninth Circuit's ruling, affirming that the principles of ''Hosanna-Tabor'', that a person can be serving an important religious function even if not holding the title or training of a religious leader, satisfied the ministerial exception in employment discrimination.
* The Patient Protection and Affordable Care Act tried to require employers to offer health-insurance plans that paid for contraceptives. The law specifically exempted churches, but not faith-based ministries. Due to that, religious non-profits like Little Sisters of the Poor were fined if they did not comply. On October 6, 2017, Health & Human Services issued a new rule with an updated religious exemption that protected religious non-profits. But federal judge Wendy Beetlestone issued an injunction temporarily stopping the enforcement of that exemption. As well, following the new rule announcement, the state of Pennsylvania sued the federal government to take away the exemption. Pennsylvania asked a judge to order that the Little Sisters of the Poor must comply with the federal mandate or pay tens of millions of dollars in fines. The state alleged that the religious organization violated the Constitution, federal anti-discrimination law, and the Administrative Procedure Act (APA). On July 8, 2020, in ''Little Sisters of the Poor v. Pennsylvania'', the U.S. Supreme Court ruled against that and in favor of Little Sisters of the Poor.
* ''National Coalition for Men v. Selective Service System'' was a court case decided on February 22, 2019 whose decision declared that the exclusion of female conscription from the Conscription in the United States, male-only draft in the United States was unconstitutional; the decision did not specify any action that the government must take. However, that decision was appealed and a decision by a 3-judge panel of the 5th Circuit Court of Appeals was issued on August 13, 2020, reversing the 2019 decision on the grounds that it amounted to overturning the Supreme Court's precedent, which only the Supreme Court has the authority to do.
* Louisiana: In 2020, Louisiana voters passed a measure to amend the state constitution to omit any language implying that a woman has a right to get an abortion or that any abortion that does occur should be funded.
* Tennessee: Tennessee banned abortions because of a prenatal diagnosis of Down syndrome or because of the gender or race of the fetus.
* East Lansing, Michigan: The city of East Lansing, Michigan made it legal for women to go topless.
* Ohio: A bill was signed into law requiring all aborted fetal tissue to be cremated or buried.
; 2021
* South Dakota: South Dakota Governor Kristi Noem signed an executive order requiring in-person medical visits—not merely telehealth appointments—for the prescription of medication abortions.
* New Jersey: In January 2021, New Jersey governor Phil Murphy signed the Freedom of Reproductive Choice Act into law, preserving the legal right to obtain an abortion, fulfilling a reelection campaign promise.
* Indiana: A law went into effect in Indiana mandating an ultrasound 18 hours or more before an abortion is performed.
* The STOP FGM Act of 2020 was signed into law, and it gives federal authorities the power to prosecute those who carry out or conspire to carry out FGM, as well as increasing the maximum prison sentence from five to ten years. It also requires government agencies to report to Congress about the estimated number of females who are at risk of or have had FGM, and on efforts to prevent FGM.
* The Supreme Court reinstated federal rules mandating anyone having a medication abortion to acquire the pills for it from a medical provider in person.
* President Biden rescinded the Mexico City policy.
* South Carolina: In February 2021, South Carolina passed a law which would outlaw almost all abortions in that state after a fetal heartbeat is detected; however, that law was blocked by a judge in March 2021.
* Minnesota: The Minnesota Supreme Court ruled that people who drink alcohol or take drugs of their own free will before being sexually assaulted do not meet the Minnesota legislature’s definition of mentally incapacitated.
* Utah: A law went into effect requiring the biological father of a pregnant woman’s unborn child to pay 50% of that pregnant woman's out-of-pocket pregnancy-related medical costs.
* Illinois: In fall 2021, the Illinois General Assembly passed a bill to repeal the Parental Notice of Abortion Act. Governor Pritzker signed it into law on December 17, 2021.
* Lebanon, Ohio: In 2021 the city of Lebanon, Ohio, passed an ordinance whereby abortion at all stages of pregnancy was outlawed.
* Mason, Ohio: Mason, Ohio banned abortion at all stages in 2021, but its ordinance doing so was repealed later that year.
; 2022
* New Hampshire: On 1 January 2022, a bill passed that required patients receiving abortion care at a health center in New Hampshire to have an ultrasound.
* On March 15, 2022, President Joe Biden signed the reauthorization of the Violence Against Women Act into law as part of the Consolidated Appropriations Act, 2022, Consolidated Appropriations Act of 2022 H.R. 2471 ; it is called the Violence Against Women Act Reauthorization Act of 2022.
* Colorado: In April 2022, Colorado passed the Reproductive Health Equity Act, which guarantees access to reproductive care and affirms the rights of pregnant women to continue or terminate a pregnancy. The act prohibits public entities from restricting or denying those rights.
* Kentucky: On April 14, 2022, House Bill 3 was passed in Kentucky; it banned all abortions in the state after 15 weeks post-conception and introduced a number of regulations and restrictions, including a prohibition on mailing abortion pills, new systems to certify, monitor and publicly name physicians who conduct abortion procedures, "dignified care for the terminated remains of pregnancy loss," and mandatory disclosure of patient information. As the infrastructure was not in place for these new requirements, the two abortion clinics operating in Kentucky had to shut down, making abortion ''de-facto'' illegal in the state. In response, abortion-rights activists sued the state to challenge the law, with Planned Parenthood and the ACLU stating that the law unconstitutionally bans abortion by introducing requirements that can't be followed or are too arduous to comply with and that it violates patient privacy protections; this led to the law being blocked in federal court later in 2022.
* Oklahoma: Oklahoma's abortion ban took effect on May 25, 2022, when Governor Kevin Stitt signed HB 4327 into law, and abortion providers ceased offering services in Oklahoma as of that date. HB 4327 is modeled after the Texas Heartbeat Act and is enforced solely through civil lawsuits brought by private citizens, making it exceedingly difficult for abortion providers to challenge the constitutionality of the statute in court. Oklahoma thus became the first state to ban abortion from the moment of fertilization since ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''.
* United States Court of Appeals for the Fourth Circuit jurisdiction: The United States Court of Appeals for the Fourth Circuit ruled against the Charter Day School in North Carolina, which had required girls to wear skirts due to the idea that girls are "fragile vessels" deserving "gentle" treatment from boys. The court ruled the requirement was unconstitutional.
* Hawaii: A law was signed requiring the Department of Education to supply free menstrual products to all students on all public school campuses in Hawaii.
* Iowa: On June 17, 2022, the Iowa Supreme Court ruled that the state constitution does not protect the right to an abortion. Justice Edward Mansfield (judge), Edward Mansfield wrote in the majority that “All we hold today is that the Iowa Constitution is not the source of a fundamental right to an abortion necessitating a strict scrutiny standard of review for regulations affecting that right”. The court’s decision is a reversal of its 2018 ruling, where it found that the constitution protects the right to an abortion.
* ''Dobbs v. Jackson Women's Health Organization'', , is a decision of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, in which the Court held that the
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
does not confer any right to
abortion
Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
, thus overruling both ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' (1973) and ''Planned Parenthood v. Casey'' (1992).
* Kentucky: On June 24, 2022, the 2019 trigger law took effect after the ruling for ''Dobbs v. Jackson Women's Health Organization'' was delivered, which overturned ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''. It made all abortions illegal except when medically mandatory to prevent the patient from dying or getting a "life-sustaining organ" permanently impaired. Both clinics in the state temporarily stopped providing abortions.
* Utah: According to HB136, which is effective Utah state law from June 28, 2022, abortions are banned following 18 weeks of gestation.
* Kentucky: On June 30, 2022, Jefferson County, Kentucky, Jefferson County Kentucky Circuit Courts, Circuit Judge Mitch Perry issued a temporary restraining order blocking enforcement of Kentucky’s abortion-banning trigger law pending further hearings to determine if the ban violates the Kentucky Constitution. This order temporarily allows both of Kentucky’s elective abortion providers, which are both located in Louisville, Kentucky, Louisville, to temporarily resume elective abortions.
* President Joe Biden signed Executive Order 14076, which directs the Department of Health and Human Services to expand access to contraceptives, requests the Federal Trade Commission protect patients' reproductive health privacy, and directs the Department of Justice to organize a group of ''pro bono'' lawyers to defend women charged with having an abortion.
* The Biden administration issued guidance stating that due to federal law, pharmacies are not allowed to turn away people who have a prescription for a drug that might end a pregnancy.
* Louisiana: In 2022, a legislative committee passed to the House floor in Louisiana a proposed law that would have potentially criminalized abortion seekers, as well as abortion providers, which was met with vehement opposition by both pro- and anti-abortion advocates and ultimately amended by the full House to remove criminal sanctions for abortion seekers, passed into law and signed by Governor John Bel Edwards (D).
* Maryland: The Abortion Care Access Act was enacted in Maryland; it allows a broader range of healthcare workers — nurse practitioners, nurse midwives, and physician assistants - to perform abortions and allocates $3.5 million to a new program within the Maryland Department of Health to train healthcare workers. Additionally, it requires the majority of health insurance plans, including private health insurance plans, to cover abortions cost free.
* Missouri: On 24 June 2022, following the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's ruling in ''Dobbs v. Jackson Women's Health Organization'', Missouri Attorney General Eric S. Schmitt, Eric Schmitt signed a proclamation bringing into effect the state's "
trigger law
A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs.
United States Abortion
In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, No ...
", banning all non-medically necessary abortions.
* Mississippi: A law outlawing abortion in Mississippi took effect on July 7, 2022, after Mississippi State Attorney General Lynn Fitch on June 27 of that year certified the June 24, 2022
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decision on ''Dobbs v. Jackson Women's Health Organization''.
* Tennessee: Due to the trigger law prohibiting abortion from the point of fertilization which was adopted on April 22, 2019, abortion became illegal from the point of conception in Tennessee on July 25, 2022, 30 days after the overturning of ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
''.
* Wyoming: Wyoming's legislature passed HB92 in the 2022 legislative session, a trigger law meant to ban abortion soon after the overturn of ''Roe v. Wade'' except for cases of rape, incest (reported to law enforcement) and serious risk of death or "substantial and irreversible physical impairments" for the pregnant woman. However, this law was blocked by 9th District Court Judge Melissa Owens the day it took effect (July 27, 2022).
* North Dakota: Abortion in North Dakota has been mostly illegal since July 28, 2022 when the state’s trigger law, following the United States' Supreme Court ruling to overturn ''
Roe v. Wade
''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' on June 24, 2022, went into effect. The trigger law bans all abortions except to save the life of the mother or in the case of rape or incest, reported to law enforcement.
* Nevada: Nevada voters voted yes to the ballot question, “Shall the Nevada Constitution be amended by adding a specific guarantee that equality of rights under the law shall not be denied or abridged by this State or any of its cities, counties, or other political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry, or national origin”.
* Hobbs, New Mexico: In the city of Hobbs, New Mexico, a local ordinance was passed in November 2022 to prevent abortion clinics from operating.
* Nantucket, Massachusetts: It became legal for women to be topless at beaches on Nantucket; previously, women could be fined $300 and receive a penalty of up to three years in prison if they did so.
See also
* Legal rights of women in history
* Timeline of reproductive rights legislation
* Sterilization law in the United States
*
Timeline of women's legal rights (other than voting)
Timeline of women's legal rights (other than voting) represents formal changes and reforms regarding women's rights. The changes include actual law reforms as well as other formal changes, such as reforms through new interpretations of laws by ...
References
{{DEFAULTSORT:Women's legal rights in the US other than voting (timeline)
History of women's rights
History of women in the United States
United States history timelines, Women's legal rights in the United States (other than voting)
Society-related timelines, Women's rights
Women's rights in the United States
Timelines of women, Legal rights in the United States (other than voting)