Omar Bennett
The original US Constitution did not specifically mention women, and there was no provision that applied to women as a distinct group. While the word people was used, it was unclear whether this included women. However, some argue that women were implicitly included and were members of the imagined community of the new American nation. The 19th Amendment, passed in 1920, granted women the right to vote, and the Equal Rights Amendment (ERA) aims to enshrine equal rights among the sexes in the Constitution.
| Characteristics | Values |
|---|---|
| Women mentioned in the original constitution | No |
| Women's right to vote mentioned in the original constitution | No |
| Women's right to vote added to the constitution | 19th Amendment, 1920 |
| Women mentioned in the constitutional convention | Yes |
| Women included in the word "people" in the preamble | Yes |
| Women included in the constitutional protections provided to all persons | Yes |
| Explicit reference to women in the Records of the Federal Convention | Yes |
| Equal Rights Amendment (ERA) added to the constitution | No |
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What You'll Learn
Women were not mentioned in the original Constitution
Women were not mentioned in the original US Constitution, and there was no provision that applied to women as a distinct group. The word "woman" does not appear in the text, and neither do the words "she" or "her". While the word "male" is used in the text, it is used in a way that does not explicitly exclude women. For example, the Constitution refers to “persons” who are "held to service or labor," which could include both men and women.
The omission of women from the Constitution has been interpreted in different ways. Some argue that women were implicitly included and were members of the "imagined community" of the new American nation. Others argue that the omission was intentional and that women were not meant to be part of the political community created by the Constitution.
It is worth noting that the original Constitution also did not secure the right of women to vote. The 19th Amendment, ratified in 1920, granted women the right to vote in the United States. The campaign for women's suffrage was long and difficult, with women organizing, petitioning, and picketing for decades to win the right to vote.
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that would enshrine equal rights among the sexes. The ERA was first drafted in 1921 by Alice Paul, a suffrage leader, and head of the National Women's Party. The amendment has received support from leaders of both parties and various organizations. In 2020, Virginia became the 38th state to ratify the ERA, achieving the required three-fourths majority for it to become a constitutional amendment.
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The omission was intentional, excluding women from the political community
The omission of women in the original US Constitution has been interpreted in various ways. Some argue that this omission was intentional, reflecting the exclusion of women from the political community envisioned by the founding fathers. This interpretation suggests that women were not considered equal members of society during the time of its drafting.
Firstly, it is important to note that the original Constitution did not explicitly mention women. While there are references to "persons" and "people", these terms were broad and did not specifically address gender. This lack of specific reference to women has been interpreted as an intentional exclusion, implying that women were not meant to be included in the political community established by the Constitution.
Secondly, the historical context of the time supports this interpretation. During the 18th and 19th centuries, women were often excluded from political and social spheres. They were not granted the right to vote until the 19th Amendment was ratified in 1920, a long and arduous journey. This indicates that women's participation in politics was not a priority for the founding fathers, further suggesting that their exclusion from the original Constitution was intentional.
Additionally, the language used in the Constitution reinforces the idea of intentional omission. The use of gender-neutral terms like "persons" and "people" could have been a deliberate choice to avoid addressing women directly. This interpretation is supported by the fact that other groups, such as slaves, were also excluded from the original Constitution, indicating a deliberate decision to shape the political community in a specific way.
Moreover, the arguments during the Constitutional Convention provide insight into the intentional nature of women's exclusion. According to James Madison's notes, Roger Sherman of Connecticut proposed that each state's representation be based on the "respective numbers of free inhabitants." This proposal did not differentiate between men and women, suggesting that women were not considered a separate category worthy of specific representation.
Lastly, the interpretation of women's omission as intentional is further supported by the lack of evidence suggesting otherwise. There is no record of any explicit discussions or intentions to include women in the political community established by the Constitution. While some, like Jan Lewis, have argued that women were implicitly included, the prevailing historical interpretation is that their exclusion was a deliberate choice, reflecting the societal norms and values of the time.
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The word 'people' in the preamble includes women
The original US Constitution, as written, did not explicitly mention women. This has led to the charge that "women were left out of the Constitution". However, it is important to note that the Constitution uses the word "people", which includes both men and women, and guarantees equal rights and protections to all persons.
The interpretation that the word "people" in the preamble includes women is supported by several arguments. Firstly, the original Constitution did not use any nouns or adjectives denoting sex, such as "man" or "male". By using gender-neutral language and referring only to "persons", the Constitution intended to include both male and female persons equally. This interpretation is further strengthened by the fact that the Constitution specifically mentions the inclusion of "all persons born or naturalized in the United States" as citizens, without any distinction based on gender.
Secondly, the absence of specific references to women may be seen as an implicit inclusion. In other words, by not excluding women, the Constitution can be interpreted as applying to all citizens, regardless of gender. This interpretation is supported by the fact that women were eventually granted the right to vote through the 19th Amendment, demonstrating that they were always intended to be part of the political community created by the Constitution.
Additionally, while it is true that women were not explicitly mentioned in the Constitutional Convention, there is evidence of an explicit reference to women in the Records of the Federal Convention. According to James Madison's notes, during a debate on representation, Roger Sherman proposed that each state's representation "should be according to the respective numbers of free inhabitants". This proposal included women as part of the population count, indicating that they were considered in the discussions surrounding representation and the creation of the Constitution.
In conclusion, while the original Constitution did not specifically mention women, the use of the word "people" in the preamble and throughout the document is intended to include both men and women equally. The interpretation that women are included in the Constitution is further supported by the absence of gender-specific language and the explicit inclusion of "all persons" as citizens. The long and difficult struggle for women's suffrage, which culminated in the 19th Amendment, further emphasizes the importance of interpreting the Constitution as inclusive of women's rights and their place in the political community.
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The 19th Amendment granted women the right to vote
The 19th Amendment to the United States Constitution, also known as Amendment XIX, was a culmination of decades of activism by pro-suffrage organisations and activists like Susan B. Anthony and Elizabeth Cady Stanton. The Amendment, which was passed in 1919 and adopted in 1920, prohibits the United States and its states from denying any citizen the right to vote based on sex, effectively granting women the right to vote.
The roots of the women's rights movement can be traced back to the early reform efforts in the 1800s, with the first women's suffrage amendment introduced in Congress in 1878. However, this proposal was rejected in 1887. Despite this setback, suffrage organisations continued to advocate for a national amendment while also working at the state and local levels. By the late 19th century, new states and territories, particularly in the West, began to grant women the right to vote.
During World War I, the National American Woman Suffrage Association, led by Carrie Chapman Catt, supported the war effort and argued that women should be rewarded with the right to vote for their patriotic service. The National Woman's Party, led by Alice Paul and Lucy Burns, also played a crucial role by staging marches, demonstrations, and hunger strikes to draw attention to the contradiction of fighting for democracy abroad while denying women the vote at home.
The efforts of these organisations and activists shifted public opinion, leading President Woodrow Wilson to announce his support for the suffrage amendment in 1918. On May 21, 1919, the amendment finally passed the House of Representatives, quickly followed by the Senate on June 4, 1919. It was then submitted to the states for ratification, achieving the required 36 ratifications by August 18, 1920, officially granting women the right to vote in the United States.
While the original Constitution did not specifically mention women, the use of the word "persons" instead of "men" in the text has been interpreted to include women. The 19th Amendment ensured that women's right to vote was explicitly recognised and protected by the Constitution, marking a significant milestone in the long journey towards gender equality in the United States.
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The Equal Rights Amendment (ERA) ensures equality of rights under the law
The United States Constitution is often criticised for its treatment of women. The original text does not explicitly mention women, and it did not secure women's right to vote. However, it is important to understand the historical context and the interpretation of the Constitution. While the original text does not mention women, it also does not contain any language that explicitly excludes them. The use of the word "person" or "persons" in the Constitution can be interpreted to include women, and therefore afford them the same rights and protections as men.
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that aims to guarantee equal rights under the law regardless of sex. The ERA 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". This amendment seeks to address the perceived shortcomings of the original Constitution regarding women's rights.
The ERA has a long history, dating back to the 1940s, when opponents of an earlier version of the ERA proposed an alternative that included exceptions based on "physical structure, biological differences, or social function". This alternative was rejected by both supporters and opponents of the original ERA. In 1958, President Dwight Eisenhower became the first president to publicly support the ERA, asking Congress to pass it.
The ERA gained renewed interest in the 2010s due to fourth-wave feminism and the #MeToo movement. In 2017, Nevada became the first state in 40 years to ratify the ERA, and other states followed suit. In 2023, the Minnesota Legislature adopted a resolution memorializing Congress to declare the ERA fully ratified as the 28th Amendment. On January 17, 2025, President Biden declared that the ERA was the law of the land, stating that it guarantees equal rights and protections for all Americans regardless of sex.
The ERA ensures that equal rights under the law shall not be denied because of sex. It empowers Congress to enforce these provisions through appropriate legislation. While the ERA has faced opposition and legal challenges, it represents a significant step towards gender equality and the protection of hard-fought rights for women.
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Frequently asked questions
No, women are not mentioned in the original US Constitution.
There are several theories as to why women aren't mentioned in the original US Constitution. One theory suggests that the authors intended to include women by using the word "person" or "people" rather than any gendered terms. Another theory suggests that women were intentionally left out of the political community created by the Constitution.
The original US Constitution did not explicitly grant women any rights. However, some argue that women were included in the protections provided to all persons and that there was no basis for discrimination on the basis of sex.
Women gained the right to vote in the US on August 18, 1920, with the passing of the 19th Amendment. This amendment legally guarantees American women the right to vote.
