Isabella Carter
In a recent interview, Justice Scalia stated that women are not protected by the Constitution. This view is troubling, as it suggests that the government could treat women like second-class citizens. Women's rights are vulnerable in America, as the Constitution does not explicitly prohibit discrimination against them. This leaves women open to a range of abuses and makes it easier for their legal rights to be stripped away.
| Characteristics | Values |
|---|---|
| Women's rights are vulnerable in America | The US Constitution does not sufficiently uphold equality on the basis of sex |
| Women are not considered equal by the Constitution | The Constitution does not prohibit discrimination against women |
| Women's hard-won legal rights are easier to strip away | The absence of explicit constitutional protection for women leaves them vulnerable to a myriad of abuses |
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What You'll Learn
Women's human rights are not secured in the US Constitution
The US Constitution does not sufficiently uphold equality on the basis of sex, and this has been demonstrated by the rollback on women's human rights in recent years. This detrimental backtracking and the elevated risk of more discriminatory laws being introduced is a result of the lack of protection in the Constitution.
If the Constitution did not prohibit discrimination against women, the government could treat women like second-class citizens in a wide range of areas. States could legally bar women from serving on juries, women could be prohibited from owning property, the government could pay women less, and women could be excluded from public schools. All of these things happened in the past, before women's rights to equal protection were enforced.
It is troubling that a justice on the Supreme Court, Justice Scalia, continues to espouse the view that women are not protected by the Constitution and brings this perspective to his decision-making. In a recent interview with *California Lawyer*, Scalia stated that "certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws".
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Women's rights are vulnerable to being stripped away
In a recent interview, Justice Scalia stated that women are not protected by the Constitution. He said, "Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws".
Scalia's comments fly in the face of 40 years of Supreme Court precedent. If the Constitution did not prohibit discrimination against women, the government could treat women like second-class citizens in a wide range of areas. States could legally bar women from serving on juries, women could be prohibited from owning property, the government could pay women less, and women could be excluded from public schools — all things that have happened in the past.
The absence of explicit constitutional protection for women in the US Constitution is detrimental and leaves women at an elevated risk of more discriminatory laws being introduced. It is long overdue for the US government to better align its domestic policies with its international rhetoric and reform the Constitution to ensure equal human rights protection under US law for all citizens, regardless of sex or gender.
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Women could be treated as second-class citizens
The absence of explicit constitutional protection for women leaves them vulnerable to a myriad of abuses. It also makes their hard-won legal rights easier to strip away, as demonstrated by the recent rollback on women’s human rights. This detrimental backtracking and the elevated risk of more discriminatory laws being introduced is because the US Constitution does not sufficiently uphold equality on the basis of sex.
Most Americans are unaware that the human rights of women and girls are not secured in the US Constitution. This is despite the impacts being life-changing and wide-ranging. For example, if the Constitution did not protect women from discrimination, the government could legally pay women less than men for the same work.
It is troubling that a justice on the Supreme Court, Justice Scalia, continues to espouse the view that women are not protected by the Constitution and brings this perspective to his decision-making. In a recent interview with California Lawyer, Justice Scalia stated that "certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws." His comments fly in the face of 40 years of Supreme Court precedent. Since the 1971 case, Reed v. Reed, it has been clearly understood that the 14th Amendment prohibits discrimination based on sex.
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Women could be prohibited from owning property
If the Constitution did not prohibit discrimination against women, states could legally bar women from serving on juries, the government could pay women less, and women could be excluded from public schools. All of these things have happened in the past, before women's rights to equal protection were enforced.
The absence of explicit constitutional protection for women leaves them vulnerable to a myriad of abuses. It also makes it easier for their hard-won legal rights to be taken away, as demonstrated by the recent rollback on women's human rights.
The US government needs to reform the Constitution to ensure equal human rights protection under US law for all citizens, regardless of sex or gender. This will help to prevent further discriminatory laws from being introduced and protect women's rights.
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Women could be paid less by the government
The US Constitution does not explicitly protect women from discrimination, which means that women's rights are vulnerable. This includes the right to equal pay. If the Constitution did not prohibit discrimination against women, the government could pay women less. This has happened in the past, before women's rights to equal protection were enforced.
In a recent interview, Justice Scalia stated that the Constitution does not require discrimination on the basis of sex, but it also does not prohibit it. He said that if current society wants to outlaw discrimination by sex, legislatures can enact laws to do so. His comments go against 40 years of Supreme Court precedent, which has clearly understood that the 14th Amendment prohibits discrimination based on sex since the 1971 case, Reed v. Reed.
The absence of explicit constitutional protection for women leaves them vulnerable to a myriad of abuses and makes their hard-won legal rights easier to strip away. This has been demonstrated by the recent rollback on women's human rights in the US.
The time is long overdue for the US government to better align its domestic policies with its international rhetoric. This requires reform of the Constitution to ensure equal human rights protection under US law for all citizens, regardless of sex or gender.
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Frequently asked questions
No. Women's rights are not secured in the US Constitution, leaving them vulnerable to discrimination and abuse.
It means that women are at risk of being treated as second-class citizens. For example, they could be legally barred from serving on juries, prohibited from owning property, paid less by the government, and excluded from public schools.
Reform of the Constitution is needed to ensure equal human rights protection under US law for all citizens, regardless of sex or gender.
Justice Scalia has stated that women are not protected by the Constitution and that it is up to legislatures to enact laws to outlaw discrimination by sex. However, his views are not shared by all, and the ACLU has criticised his perspective as troubling and worrisome.
