Eleanor Finch
Despite the existence of laws and amendments that promise certain freedoms to women, the US Constitution does not explicitly guarantee equality for women. The 19th Amendment, for example, grants women the right to vote, but it did not ensure safe access to the ballot box for women of colour or nationwide suffrage for American Indian women. The Equal Rights Amendment (ERA) is a proposed amendment that would provide a constitutional guarantee of equality for women, but it has not yet been incorporated into the Constitution. Women's freedoms and rights continue to be threatened by discriminatory laws and attempts to limit their access to reproductive healthcare and abortion.
| Characteristics | Values |
|---|---|
| Right to vote | Guaranteed by the 19th Amendment in 1920 |
| Right to freedom of speech and religion | Guaranteed by the Amendments |
| Right to trial by jury | Guaranteed by the Amendments |
| Right to safe access to the ballot box | Not guaranteed for women of colour or American Indian women |
| Right to reproductive freedom | Under attack by right-wing ideologues |
| Right to equal pay | Under attack by right-wing ideologues |
| Right to single-sex spaces | Under attack by gender ideology |
| Right to equal protection under the 14th Amendment | Not guaranteed according to Justice Antonin Scalia |
| Right to equal treatment under the law | Not guaranteed by the Constitution |
Explore related products
What You'll Learn
The right to vote
The fight for women's suffrage in the US began as early as the 1800s, with women organizing, petitioning, and picketing to win the right to vote. The first recorded vote cast by a woman in America occurred even earlier in 1756, when the town of Uxbridge allowed Lydia Chapin Taft, a wealthy widow, to vote in town meetings. However, this right was not extended to other women, and only free men who owned property generally had voting rights at the time.
The campaign for women's suffrage gained momentum in the mid-19th century, with several generations of activists lecturing, writing, marching, lobbying, and even practicing civil disobedience to bring about what many considered a radical change to the Constitution. By 1887, an all-female city council was elected in Syracuse, and Argonia elected the first woman mayor in the country. The movement saw varied strategies, with some pursuing state-by-state suffrage acts, while others challenged male-only voting laws in court or employed more confrontational tactics such as picketing and hunger strikes.
Despite the ratification of the 19th Amendment in 1920, the battle for voting rights for all women was not over. Many women, especially women of color, continued to face discriminatory state voting laws, particularly in the South due to the racially discriminatory tactics of the Jim Crow era. It took several more decades for women of color to realize the right to vote, and the fight for full enfranchisement continued long into the 20th century.
Today, the Equal Rights Amendment (ERA) aims to provide a constitutional guarantee of equality and protect women's rights and freedoms. As of 2024, the ERA has yet to be incorporated into the US Constitution, but it offers a solution to eliminate sex discrimination from the nation's laws and empower Congress to enact more comprehensive legal protections for women and girls across various sectors.
Leadership Positions: Are They Constitutional?
You may want to see also
Freedom of speech
The right to freedom of speech for women is not explicitly mentioned in the Constitution, reflecting a historical absence of explicit guarantees of equality for women in the document. However, this does not diminish the significance of this freedom for women's empowerment and their pursuit of equal rights. Women have utilised their right to free speech to challenge discrimination, demand representation, and advocate for legislative changes that address their unique needs and perspectives.
Throughout history, women have employed their freedom of speech to advance their causes and initiate much-needed conversations. For example, during the women's suffrage movement, activists leveraged their right to free speech to organise, protest, and spread their message, ultimately leading to the passage of the 19th Amendment, which guaranteed women's right to vote. Similarly, in contemporary times, the #MeToo movement harnessed the power of free speech to bring attention to pervasive sexual harassment and assault, sparking global conversations and inspiring women everywhere to speak out.
Despite the legal protections afforded by the First Amendment, women often face unique challenges and obstacles when exercising their right to free speech. Online platforms, for example, which should theoretically provide safe and inclusive spaces for women to express themselves, have often become breeding grounds for harassment, abuse, and censorship of women's voices. Twitter, in particular, has been criticised for failing to adequately address violence and abuse directed at women, leading to self-censorship and limiting their freedom of expression.
Additionally, women from marginalised communities, such as women of colour, LGBTQ+ women, or women with disabilities, may face further barriers to fully exercising their freedom of speech due to intersecting forms of discrimination. Their voices are often underrepresented or silenced in public discourse, necessitating extra efforts to amplify their perspectives and ensure their inclusion in decision-making processes.
In conclusion, while the United States Constitution guarantees freedom of speech for all, including women, the unique contexts and challenges faced by women must be recognised. Ensuring that women can exercise their right to free speech is essential for their empowerment and the advancement of gender equality. By continuing to defend and promote women's freedom of speech, we foster a more inclusive and democratic society that values the contributions and perspectives of all its members.
Roche's Take: Framers of the Constitution
You may want to see also
Freedom of religion
The First Amendment to the US Constitution, which was added in 1791, includes the following text:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
This amendment, drafted by James Madison, was designed to preserve individual freedoms and limit government power. The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing a religion. While the precise definition of "establishment" is unclear, historically it has meant prohibiting state-sponsored churches, such as the Church of England. The Free Exercise Clause upholds people's right to hold whichever religious beliefs they choose, including no religion at all. This right is not limited to the principles of Christianity or any particular faith.
The Supreme Court has established several permissible restrictions on these freedoms, and it has developed frameworks and legal standards for determining whether a restriction passes constitutional muster. Generally, a governmental restriction on these rights must be consistent with the First Amendment to be upheld.
Understanding Acceptance: Non-Return of Unsolicited Goods
You may want to see also
Explore related products
![The Constitutional Rights of the Women of the United States. An Address ... March 30, 1888. By Isabella Beecher Hooker 1888 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
Right to trial by jury
The right to a trial by jury is a cornerstone of the US legal system. It is deeply rooted in English common law and was embraced by America's Founding Fathers. The right to trial by jury is guaranteed by the Sixth Amendment, which states that:
> "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law."
The Sixth Amendment guarantees the right to trial by jury for criminal defendants charged with non-petty offences. The Supreme Court has also recognised that the Constitution protects the accused's right to trial by jury twice: once in the Sixth Amendment and once in Article III.
The right to trial by jury is also provided for in the Seventh Amendment, which concerns jury trials in civil cases.
The right to trial by jury is not explicitly mentioned in the context of women's rights in the Constitution. However, it is worth noting that women were not allowed to serve on juries in all 50 states until 1973. Serving on a jury is a duty for all Americans aged 18 and older.
While the right to trial by jury is a fundamental protection for all Americans, it is important to recognise that the Constitution does not explicitly ban discrimination based on sex or gender. This has led to ongoing sex discrimination and moves to roll back the fundamental human rights of women and girls. The Equal Rights Amendment (ERA) aims to address this issue by providing a constitutional guarantee of equality and prohibiting sex discrimination.
The Constitution's Solution to the Delegation Dilemma
You may want to see also
Right to reproductive freedom
The right to reproductive freedom is a highly contested issue in the United States. The US Constitution does not explicitly mention women's rights or ban discrimination based on sex or gender. This has made it easier to strip away legal rights, and the risk of new discriminatory laws being introduced remains.
The Fourteenth Amendment's guarantee of "equal protection of the laws" and the First Amendment's guarantee of freedom of religion are believed to protect reproductive choice. Laws that force women to bear children compromise their bodily integrity and make them involuntary servants to the fetus. Only women can become pregnant, so laws that dictate whether and under what conditions childbearing should occur only limit women's right to make personal decisions. Thus, laws that prohibit or restrict abortion discriminate based on sex, violating the Fourteenth Amendment's Equal Protection Clause.
The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization ruled that there is no constitutional right to abortion, overruling Roe v. Wade and nearly 50 years of constitutional precedent. This decision has had a disproportionate negative impact on African-American women, who face greater difficulty in accessing and affording surgical abortions. Abortion bans have also widened the gender pay gap for women, with downstream effects on their children, communities, and local and state economies.
The National Organization for Women (NOW) is defending access to reproductive freedom. The Equal Rights Amendment (ERA) would provide a constitutional guarantee of equality, delivering more robust legal protection for women and girls across sectors such as reproductive healthcare and employment. Once enshrined as the 28th Amendment, the ERA would protect women's rights and freedoms, ensuring they cannot be compromised by opportunistic politicians.
The Constitution's Use of the Word "Man
You may want to see also
Frequently asked questions
None. The US Constitution does not explicitly guarantee any freedoms or rights to women.
The ERA is a proposed amendment to the US Constitution that would provide a constitutional guarantee of equality for women, delivering more robust legal protection.
The ERA would protect women's rights and freedoms by ensuring they cannot be compromised by opportunistic politicians. It would also enable women to invoke the Constitution's explicit prohibition of sex discrimination and empower Congress to enact more comprehensive legal protections for women across sectors such as reproductive healthcare and employment.
As of 2024, the ERA has yet to be incorporated into the US Constitution despite being approved by three-fourths of US states. Virginia became the 38th state to formally approve and adopt the proposed amendment in January 2020.
