WOMEN AND THE LAW TEST 1 REVIEW SHEET

1. HISTORICAL PERSPECTIVE
Patriarchy - institutionalized male dominance in family and society
Doctrine of Coverture - legal condition of women at common law
Cult of True Womanhood or Domesticity - distinctive virtues of women
Separate Spheres Ideology - women’s role is in the home

History of American Feminism

1. Civil War Era and Relationship to Abolitionist
Declaration of Sentiments
Civil War Amendments (sex not included)
2. Post Civil War and Suffragettes
Justifications for sex based laws - protection & to make up for women’s special burden
Muller v. Oregon - max working hours for women ok
Goesaert v. Cleary - no women bartenders
Hoyt v. Florida - excuses women from jury
US v. St. Clair -male only draft I
3. 19th Amendment - women get right to vote in 1920

2. CONSTITUTIONAL PERSPECTIVE 14th Amendment / Equal Protection

Standards of Review: REQUIRES STATE ACTION

1. Strict Scrutiny - burden on government to show, a COMPELLING State objective, and that the classification
NECESSARY. Used in cases of suspect classes (i.e. race, nationality) or fundamental rights. Feminists have argued
that gender should be a suspect class subject to strict scrutiny. SEE: Frontiero. This is a hard standard for the
Government.

2. Intermediate / Quasi Strict Scrutiny - burden on government to show an IMPORTANT State objective, and that the
classification is SUBSTAMTIALLY RELATED to objective. Used in some gender cases where the classification is based
upon an outdated stereotype (SEE: Orr (alimony), Miss U (nursing school), Craig (teen drinking) and for cases involving
legitimacy (SEE: Parham). Also used where purpose of statute is to make up for past discrimination. (SEE: Schlesinger
(female navy promotion).

3. Rational Basis - burden on challenger. State only need show a LEGITIMATE objective, and that the classification is
RATIONALLY RELATED to objective. Used in gender cases where real differences exist between men and women
(SEE: Michael M. (male only statutory rape), Rostker (male only draft). This is a hard standard for the Plaintiff.

3. CURRENT PERSPECTIVE on FEMINISM

Symmetrical Approach v. Asymmetrical Approach
Women best served by making gender irrelevant Crucial to recognize women’s unique needs
Best way to do this is thru gender neutral laws Best way to do so is by means of sex specifics
i.e. ERA i.e. Affirmative Action

Pregnancy Cases: Gedulig (14th A challenge)

GE (Challenge / analysis under Title VII of the Civil Rights Act)

Resulting Leg: Pregnancy Discrimination Act

Family and Med Leave Act

ERA history & effect of State EPA’s on cases