Posted by AzBlueMeanie:
August 26 of each year is designated Women's Equality Day, commemorating the granting of the vote to women throughout the country on an equal basis with men. Women in the United States were granted the right to vote on August 26, 1920, when the 19th Amendment to the United States Constitution was certified.
Today is a day to not only celebrate the enacting of the 19th Amendment, but to call attention to women’s continuing efforts toward full equality to make the United States a more equal society. Full participatory rights by women are essential to real democracy. This civil rights movement continues.
U.S. Supreme Court Justice Antonin Scalia, in an interview with California Lawyer, dismissed the idea that the 14th Amendment prohibits gender discrimination:
The only issue is whether it prohibits it. It doesn't.
Nobody ever thought that that's what it meant. Nobody ever voted for
that. If the current society wants to outlaw discrimination by sex, hey
we have things called legislatures, and they enact things called laws.
His views are not new; Scalia has also dismissed the idea that the 14th Amendment might protect against gender discrimination in his dissent in U.S. v Virginia. Scalia is correct that the authors of the 14th Amendment intended to address equal protection under the law on the basis of race in the aftermath of the Civil War and the freeing of African-American slaves.
But 14th Amendment equal protection jurisprudence has been extended by the U.S. Supreme Court and numerous Acts of Congress to other classes of U.S. citizens to prohibit intentional discrimination by the government, including sex (gender), age, national origin, religion, disability or handicap, and in recent years, sexual orientation.
The fact that Justice Scalia expresses any doubt that women enjoy equal protection under the law is cause for concern. Last year, Democratic lawmakers reintroduced the Equal Rights Amendment in the wake of the U.S. Supreme Court decision to deny class action status to a gender-discrimination lawsuit against
Wal-Mart. Lawmakers reintroduce ERA in wake of Supreme Court's Wal-Mart decision:
Rep. Carolyn Maloney (D-N.Y.) and Sen. Robert Menendez (D-N.J.) on
Wednesday reintroduced the Equal Rights Amendment at an event outside
the Capitol. [H.J.RES.69 has 186 cosponsors. S.J.RES.21 has 15 cosponsors.]
“The Equal Rights Amendment is still needed because
the only way for women to achieve permanent equality in the U.S. is to write it into the Constitution,” Maloney said, according to a subsequent press release.
“Making women’s equality a constitutional right — after Congress passes and 38 states ratify the ERA — would place the United States on record,
albeit more than 200 years late, that women are fully equal in the eyes of the law,” she said.