Women's Rights: The Constitution's Missing Piece

The US Constitution does not explicitly mention women, and there is no record of any discussion about women, their rights, or their duties during the Constitutional Convention. However, the term sex is mentioned, indicating an inclusive theory of representation. The Constitution also does not guarantee equality of the sexes, and while women's suffrage is protected, there is no prohibition of discrimination based on sex. In 1923, suffragist Alice Paul drafted the Equal Rights Amendment (ERA) to address this issue, but it has yet to be added to the Constitution. The US lags behind other countries that have amended their constitutions to address gender inequality and comply with international law.

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The US Constitution does not guarantee equality of the sexes

The absence of a guarantee of equality for women in the US Constitution is notable, especially when compared to other countries. A 2020 analysis found that 94% of countries that have adopted constitutions since 1970 include protections against sex-based discrimination. Countries such as France, Germany, and Luxembourg have amended their older constitutions to address the harms caused by sex inequality. In contrast, the US has not adopted the ERA or a similar provision, despite ratifying the International Covenant on Civil and Political Rights (ICCPR) in 1992. This failure to comply with international law leaves women and girls in the US without full constitutional protection and reliant on a patchwork of state and federal laws to protect their basic human rights.

The lack of an explicit guarantee of equality for women in the US Constitution may be due to the historical context in which it was written. At the time, women were not considered citizens and were excluded from political ideologies such as republicanism and liberalism. The principle of coverture, which held that a married woman was not a person under the law and had limited property rights, was prevalent. While the Constitution uses the gender-neutral term "persons", common law interpretations and state laws often did not treat men and women equally.

The US Constitution's silence on the issue of equality for women has had significant consequences. Without a constitutional guarantee of equality, it has been left to the courts to interpret and address sex distinctions in the law. While there have been some victories, such as the Supreme Court's decision in Craig v. Boren, which threw out a law treating men and women differently in setting a drinking age, there have also been setbacks. For example, the exclusion of women from combat roles in the armed forces has been upheld, and pregnancy-related disabilities have not been covered by disability insurance.

In conclusion, the US Constitution's failure to guarantee equality of the sexes has resulted in a lack of full constitutional protection for women and girls in the US. This omission has been detrimental to their rights and well-being, and it is important to continue the fight for the passage of the ERA or similar provisions to ensure that equality is guaranteed and discrimination is eliminated.

Women are not mentioned in the Constitution

The original US Constitution does not explicitly mention women. There is also no record of any discussion about women, their rights, or their duties during the Constitutional Convention. At the time, women could not hold office, run for office, or vote (except briefly in New Jersey). There were no women judges or legislators, and legally, most women did not exist as persons.

However, the term "sex" is mentioned in the Constitution, which means that the document rests on an inclusive theory of representation. The mention of "sex" has important implications for government and political thought. As feminist scholars note, in any political theory or form of government, women are either included or excluded, and the terms of their inclusion or exclusion have significant consequences.

The absence of women in the Constitution is a problem to be remedied rather than a precedent to be honored. The failure to adopt the Equal Rights Amendment (ERA) or a similar provision leaves American women and girls without full constitutional protection and violates the country's international treaty obligations. The US Constitution does not guarantee equality of the sexes, and while women's suffrage is constitutionally protected, the document does not prohibit discrimination based on sex.

The fight for women's suffrage in the US was a lengthy and difficult struggle that required decades of agitation and protest. Beginning in the mid-19th century, supporters of women's voting rights lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution. The 19th Amendment, which granted women the right to vote, was passed by Congress on June 4, 1919, and ratified on August 18, 1920, marking a significant milestone in the fight for gender equality in the US.

The Constitution includes an implicit reference to women

The US Constitution does not explicitly mention women, and some sources claim that women are "missing from the Constitution". There were no women among the delegates to the Constitutional Convention, and women could neither hold office nor run for office at the time. However, the term "sex" is mentioned in the Constitution, which could be interpreted as an implicit reference to women. This mention of "sex" indicates that the Constitution is based on an inclusive theory of representation.

The inclusion of the term "sex" in the Constitution has important implications for government and political thought. It suggests that women are either included or excluded from the political theory and form of government, even if the terms of their inclusion are not explicitly stated.

The issue of women's rights and their role in society has been a subject of debate and activism for many years. The fight for women's suffrage in the United States, for example, was a lengthy and difficult struggle that took decades of agitation and protest. Women organized, petitioned, and picketed to win the right to vote, and this victory was finally achieved with the passage of the 19th Amendment in 1920.

Despite this progress, the United States still lags behind other countries in terms of constitutional equality for women. The US Constitution does not guarantee equality of the sexes, and there is no explicit prohibition against discrimination based on sex. Efforts have been made to address this, such as the proposed Equal Rights Amendment (ERA) drafted by suffragist Alice Paul in 1923, which has yet to be added to the Constitution.

In conclusion, while the US Constitution does not explicitly mention women, the term "sex" can be interpreted as an implicit reference to women. This inclusion has important implications for the political and social status of women, and the ongoing struggle for gender equality in the United States.

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The Constitution does not prohibit discrimination based on sex

The US Constitution does not prohibit discrimination based on sex. While women's suffrage is constitutionally protected, there is no mention of women in the Constitution, and no explicit reference to a right to obtain an abortion. In fact, women were introduced to the Constitutional Convention in one of the early debates about representation in what would become the House of Representatives. Roger Sherman of Connecticut proposed that each state's representation be based on the "respective numbers of free inhabitants". However, two South Carolinians, John Rutledge and Pierce Butler, responded that representation should be based on each state's material contribution to the national government.

The term "sex" is mentioned in the Constitution, but only fleetingly and inadvertently. This mention of "sex" indicates that the Constitution is based on an inclusive theory of representation. However, it does not explicitly address the issue of gender or the rights and duties of women. As feminist scholars note, gender is always present in political theory and government, and women are either included or excluded, explicitly or implicitly.

The failure to include women in the Constitution has been a problem that needs to be remedied. The US has ratified the International Covenant on Civil and Political Rights (ICCPR), which requires signatories to ensure equal enjoyment of civil and political rights and take steps to prevent sex discrimination and gender-based violence. However, the US has not adopted the Equal Rights Amendment (ERA) or a similar provision, which guarantees equality regardless of sex. This is a violation of the country's international treaty obligations and puts the US out of step with other countries that have amended their constitutions to address sex inequality.

For almost a century, women have been fighting for the passage of the ERA, drafted by suffragist Alice Paul in 1923. The text of the amendment states that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex". In 2019, the movement scored a major victory when Virginia became the final state required to ratify the amendment. However, the ERA has yet to be added to the US Constitution.

The 19th Amendment granted women the right to vote

The 19th Amendment to the U.S. Constitution, passed by Congress on June 4, 1919, and ratified on August 18, 1920, granted women the right to vote. This amendment was the culmination of a lengthy and difficult struggle, with victory taking decades of agitation and protest. Women organized, petitioned, and picketed to win the right to vote, facing fierce resistance, heckling, jail time, and physical abuse from opponents. Beginning in the mid-19th century, several generations of women's suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution.

The 19th Amendment legally guarantees American women the right to vote, stating that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." This amendment was significant because, prior to its ratification, women could not vote in the majority of states, and they were not considered part of the political community embraced by the phrase "We the People" in the Constitution. The absence of women from the Constitution is notable, and it reflects the historical context in which women were often not recognized as legal persons.

While the 19th Amendment addressed the issue of women's suffrage, it did not explicitly mention the word "women." Instead, it referred to "citizens" and prohibited denying the right to vote "on account of sex." This implicit inclusion of women in the Constitution through the mention of "sex" has important implications for political thought and representation. However, it should be noted that the original Constitution did not guarantee equality of the sexes, and it did not prohibit discrimination on the basis of sex.

The fight for equality for women in the United States has continued even after the ratification of the 19th Amendment. In 1923, suffragist Alice Paul drafted the Equal Rights Amendment (ERA), which proposed guaranteeing equality of rights under the law regardless of sex. While this amendment has not been added to the Constitution, the United States has made international commitments to ensure equal enjoyment of civil and political rights and to prevent sex discrimination and gender-based violence. The failure to adopt the ERA or a similar provision is seen as a violation of these international treaty obligations.

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