Jonah Patel
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 long and arduous campaign for women's suffrage that began in the mid-19th century. While there is some debate over whether women were intentionally omitted from the Constitution, the 19th Amendment explicitly refers to women and guarantees their right to suffrage. In addition, the Equal Rights Amendment, first introduced in 1972, proposed an amendment to the Constitution to ensure equal rights for men and women, stating 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, however, has not been ratified.
| Characteristics | Values |
|---|---|
| Right to Vote | Granted by the 19th Amendment to the U.S. Constitution in 1920 |
| Right to Equal Protection Under the Law | Established by the 14th Amendment; sex classifications must serve important governmental objectives and be substantially related to their achievement |
| Right to Equal Rights Under the Law | Proposed as an amendment to the Constitution in 1972 (Equal Rights Amendment) |
| Right to Protection from Sex Discrimination | Established by the Court in Rostker v. Goldberg (1981) and Michael M. v. the State |
| Right to Protection from Gender Ideology Extremism | Addressed by the White House in 2025, affirming the distinction between "sex" and "gender identity" |
Explore related products
What You'll Learn
Women's right to vote
The right of women to vote, also known as women's suffrage, has been a topic of debate and activism since the 19th century. The struggle for women's suffrage was particularly prominent in Great Britain and the United States, but these countries were not the first to grant women this right on a national level.
In ancient times, women were often excluded from voting processes. For example, in ancient Greece, republican Rome, and ancient Athens, only adult male citizens who owned land were permitted to vote. However, there were some exceptions, such as in Medieval Germany, where high-ranking abbesses in the Catholic Church had the right to sit and vote at national assemblies.
The campaign for women's suffrage gained momentum in the 19th century, with women organizing, petitioning, and picketing to win the right to vote. This movement faced fierce resistance, with opponents heckling, jailing, and sometimes physically abusing activists. Despite this, several regions made advancements towards women's suffrage during this period. For instance, between 1878 and 1892, nine western states in the US adopted women's suffrage legislation. Additionally, in 1893, women in the self-governing British colony of New Zealand gained the right to vote, becoming the first country to grant women's suffrage on a national basis.
In the early 20th century, several other countries followed New Zealand's lead, including Australia (1902), Finland (1906), Norway (1913), and Sweden (in some local elections). World War I and its aftermath further accelerated the push for women's suffrage worldwide.
In the United States, the 19th Amendment to the U.S. Constitution, passed on June 4, 1919, and ratified on August 18, 1920, granted women the right to vote. This amendment legally guarantees American women the right to vote and marked a significant milestone in the country's history. However, it is important to note that it took several more decades for women of color to fully exercise their voting rights due to discriminatory state voting laws.
The Suspension Clause: Understanding the Constitution's Article
You may want to see also
Equal Rights Amendment
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. The amendment seeks to guarantee equal legal rights for all American citizens regardless of sex. It was first introduced in Congress in 1923 by Alice Paul, the head of the National Women's Party, and Crystal Eastman. Paul believed that the Nineteenth Amendment, which granted women the right to vote, would not be enough to ensure that men and women were treated equally.
The text of the proposed amendment read: "Section 1. No political, civil, or legal disabilities or inequalities on account of sex or on account of marriage, unless applying equally to both sexes, shall exist within the United States or any territory subject to the jurisdiction thereof. Section 2. Congress shall have the power to enforce this article by appropriate legislation." This version was called the Lucretia Mott Amendment, after a female abolitionist who fought for women's rights.
In 1923, Paul revised the proposed amendment to read: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." This revision reflected the wording of the Fifteenth and Nineteenth Amendments. In 1943, Paul further revised the amendment, and this text became Section 1 of the version passed by Congress in 1972.
The ERA gained support from the women's movement in the 1960s, and after being reintroduced by Representative Martha Griffiths in 1971, it was approved by the U.S. House of Representatives that year and by the U.S. Senate in 1972. A seven-year deadline was included in the legislation by Congress, later extended to 1982 by a simple majority of Congress. However, the ERA fell short of the necessary 38 states for ratification, with only 35 state legislatures approving it. Despite this setback, there are ongoing efforts to ratify the amendment.
The ERA has been the subject of debate, with proponents arguing that it would end legal distinctions between men and women in matters such as divorce, property, and employment. Opponents, however, argue that it would remove protections from women and make them eligible for the military draft. The amendment's ratification status has long been debated, and it is not currently a part of the Constitution.
Southerners' Constitution Concern: States' Rights and Slavery
You may want to see also
Sex classifications
The US Constitution's 19th Amendment, passed by Congress on June 4, 1919, and ratified on August 18, 1920, guarantees women the right to vote. This amendment was the culmination of a lengthy and difficult campaign that began in the mid-19th century, with several generations of women's suffrage supporters employing various strategies, including lecturing, writing, marching, lobbying, and civil disobedience, to achieve what many considered a radical change to the Constitution.
While the 19th Amendment was a significant milestone, it did not ensure full enfranchisement for all women. Many women, particularly African Americans and other minority women, continued to face barriers to voting well into the 20th century due to discriminatory state voting laws.
The Equal Rights Amendment, proposed in 1972, aimed to further advance equality for women by stating 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." Despite gaining widespread support, the amendment failed to be ratified by the required number of states within the specified deadline.
Beyond explicit amendments, the Constitution also addresses gender classifications through judicial interpretations. The Court has applied an intermediate standard in cases involving sex classifications, as seen in Craig v. Boren and Rostker v. Goldberg. In Craig v. Boren, the Court upheld a Social Security provision that provided disparate benefits to widows and widowers, finding that it served the important governmental interest of preventing family protection. In Rostker v. Goldberg, the Court upheld the exclusion of women from registering for a possible future military draft, citing deference to military and congressional decisions.
In conclusion, while the US Constitution may not explicitly refer to women in its original text, subsequent amendments and judicial interpretations have played a significant role in shaping women's rights and addressing sex classifications. The ongoing struggle for equality for women in the US has resulted in important milestones, such as the 19th Amendment and the ongoing efforts toward the Equal Rights Amendment, reflecting a commitment to ensuring that women are fully included in the political community created by the Constitution.
The US Constitution's Offices: An Overview
You may want to see also
Explore related products
Gender-based classifications
The US Constitution has been amended several times to include gender-based classifications and ensure equal rights for men and women. The 19th Amendment, passed in 1920, was a significant step towards gender equality, granting women the right to vote. This amendment was the culmination of decades of agitation, protest, and civil disobedience by women's suffrage supporters.
The Equal Rights Amendment (ERA) is another important piece of legislation that aims to guarantee equal rights for men and women. First proposed in 1972, the ERA seeks to ensure that equal rights under the law cannot be denied or abridged by the US or any state based on sex. While the ERA has not yet been ratified as a constitutional amendment, it has gained widespread support and continues to be a topic of political discussion.
In terms of legal precedent, the Court has addressed gender-based classifications in several notable cases. In Rostker v. Goldberg (1981), the Court upheld a military draft registration requirement for males only, excluding women. The Court applied the intermediate test of Craig v. Boren, demonstrating deference to military and congressional decisions. However, in Craig v. Boren itself, the Court struck down a statute that discriminated against women wage-earners, treating it as disparate treatment and a violation of equal protection.
Another case, Michael M. v. Superior Court of Sonoma County (1986), involved the constitutionality of a statute that punished males but not females for having intercourse with a non-spouse under eighteen. The Court upheld the law, citing the important governmental interest in preventing teenage pregnancies, acknowledging the biological differences between men and women in this context.
These cases illustrate the complex approach to gender-based classifications in US constitutional law. While the Constitution and its amendments aim to ensure equal rights, the interpretation and application of these rights are subject to ongoing legal debate and scrutiny.
Missing Words: The Constitution's Omitted Two
You may want to see also
Sex discrimination
The 19th Amendment to the U.S. Constitution, passed by Congress on June 4, 1919, and ratified on August 18, 1920, legally guarantees American women the right to vote. The campaign for women's suffrage was long and difficult, with women organising, petitioning, and picketing to win the right to vote. The 19th Amendment was a significant milestone in the struggle for women's rights, but it did not ensure full enfranchisement, as many women, particularly African Americans and other minority women, continued to face discriminatory state voting laws well into the 20th century.
The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution that advocates for equal rights regardless of sex. The resolution reads: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Despite gaining widespread support and legislative victories, the ERA has faced challenges and has yet to be ratified.
The Fourteenth Amendment to the Constitution, which guarantees equal protection under the law, has been invoked in legal cases involving gender classifications and sex discrimination. The Supreme Court has applied intermediate scrutiny in these cases, considering whether sex classifications serve important governmental objectives.
In Rostker v. Goldberg (1981), the Court upheld a military draft registration requirement for males only, citing deference to military decisions. In Craig v. Boren, the Court addressed a Social Security provision that discriminated against women wage-earners, treating them unequally in terms of family protection compared to male wage-earners. The Court's plurality opinion found that the discrimination constituted disparate treatment based on sex.
In Michael M. v. Superior Court of Sonoma County, the Court evaluated a statute that punished males but not females for sexual intercourse with a minor, finding it served the governmental interest of preventing teenage pregnancies due to biological differences. These cases illustrate the complex legal landscape surrounding sex discrimination and the ongoing efforts to uphold equal rights for men and women.
The Supreme Court's Constitutional Foundation
You may want to see also
Frequently asked questions
The 19th Amendment to the US Constitution, passed by Congress on June 4, 1919, and ratified on August 18, 1920, specifically refers to women and their right to vote.
The 19th Amendment granted women the right to vote, legally guaranteeing American women political representation.
The campaign for women's suffrage was long and difficult, with supporters employing various strategies such as lecturing, writing, marching, lobbying, and civil disobedience. Many women faced fierce resistance, heckling, jail time, and physical abuse.
The Equal Rights Amendment is a proposed amendment to the US Constitution that seeks to guarantee equal rights for men and women. It was first introduced in Congress in 1972 and has been the subject of ongoing legislative efforts.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. The National Organization for Women (NOW) was formed in 1966 to push for the enforcement of this title.
![Gender and Law: Theory, Doctrine, Commentary [Connected Ebook] (Aspen Casebook)](https://m.media-amazon.com/images/I/61RTmw1iXdL._AC_UY218_.jpg)
